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HomeMy WebLinkAbout07112013PZ AgendaGYOF HOME OF PELICAN ISLAND 1225 MAID STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) $89-55518 ■ FAX (772) 388.8248 .AGENDA PLANNING AND ZONING COMMISSION SPECIAL MEETING THURSDAY, JULY 11, 2013 7:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS 5. APPROVAL OF MINUTES; Regular meeting of June 20, 2013 6. OLD BUSINESS 7. NEW BUSINESS: A. Quasi - Judicial Public Hearing - CRS 12 Overlay District Waiver - New York Barber Slop - 867 Sebastian Boulevard - Waiver Request from Allowable Building Graphics and Color Standards - LDC Sections 64 -4- 21.B.4.(a) & (b) S. CHAIRMAN MATTERS 9. MEMBERS MATTERS I.O. DIRECTOR MATTERS 11. ATTORNEY MATTERS 12. ADJOURNMENT ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS I5 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OFTHE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)- 589 -5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. TWO OR MORE ELECTED OFFICIALS MAY RE IN ATTENDANCE. 06 CITY OF SEBASTIAN �[M C PLANNING AND ZONING COMMISSION C •0 MINUTES OF REGULAR MEETING, .% Vj G JUNE 20, 2013 M Chairman Dodd called the meeting to order at 7:01 R.M. The pledge of allegiance was said by all ROLL CALL: PRESENT: Mr. Roth (arrived Q 7.11 pm) Mr. Qizilbash Mr. Durr Mr, Paul EXCUSED ALSO PRESENT ANNOUNCEMENTS: Mr. Reyes and Mr. Dyer (a) QS 1= g a. E Mr. Dodd Ms. Kautenburg (a) (arrived 1, > CL Mr, Carter ( ��*::�..77 06 < < cn Joe Griffin, Community Development Director Robert Ginsburg, City Attorney Dorri Bosworth, Planner /Secretary Chmn, Dodd stated Mr. Reyes and Mr. Dyer were excused from the meeting, and Ms. Kautenburg would be voting in Mr. Reyes' place. APPROVAL OF MINUTES:. MOTION by Paul /Carter to accept the minutes of the March 7, 2013 meeting as submitted. Motion was approved unanimously by voice vote. OLD BUSINESS: None NEW BUSINESS, A. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT AND RE- ZONING (FOR A PROPOSED ANNEXATION) -- MR. THOMAS SAAM — PARCEL ID NO. 31- 39- 07- 00000 -1000- 00009,0 — 11465 OLD DIXIE HIGHWAY, SOUTH OF CR512 — SUBJECT PARCEL IS 2.51 ACRES, MORE OR LESS — REQUEST FOR IN (INDUSTRIAL) LAND USE AND IN (LIMITED INDUSTRIAL) ZONING Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose There was none. Mr. Griffin, Community Development Director, stated the applicant, Mr. Thomas Saam, wished to annex a piece of property located on Old Dixie Highway, into the city, and noted Senior Planner Jan King's staff report disclosed pertinent information. He stated the requested land use and zoning would be consistent with the Comprehensive Plan He clarified the Commission's discussion should be on the land use and zoning only. as City Council would make the decision regarding the annexation request Since the applications were for a parcel less than 10 acres, a State review was not required. Staff recommended approval of the applications, E c 0 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 7, 2013 Mr. Thomas Saam, thanked everyone for their assistance with the process. He stated that at this time he did not have a fully developed business plan for the property, but the long term vision is to plant some tropical fruit and start a winery. In the short term.. he may develop an outside storage lot on a portion of the site to help pay the taxes. He felt by annexing, the tax base would be increased, and there could be potential employment positions down the road. He verified that the land use request was consistent with the Comp Flan in that it was adjacent to the railroad and other existing industrial uses. Mr. Dodd asked if the short term use would be similar to the uses to the north, which are trade facilities and warehouses. Mr. Saam stated yes. Mr. Durr asked the applicant why he wanted to annex into the city. Mr. Saam stated the current county zoning was residential, and if he re -zoned the property through the county to what he needed, it would be a spot zoning situation for them and not allowed: Indian River County staff guided him to contact the city. Chmn. Dodd opened the public hearing. Mr. Ben Hocker, Sebastian, asked if the zoning would allow a cement plant. or what would be the worst scenario fcr the property affecting the area. Mr. Dodd stated the city's IN zoning district does not allow a batch concrete plant and uses allowed were of a light industrial nature: probably the worst use allowed could be a crematorium. Mr. Tim Freeman, property owner, stated he was available for questions. The property had been in his family since the 1940's. Mr. Griffin re- stated that staff recommends the property be rezoned to [Light) Industrial and it be given a land use of Industrial, Mr. Carter had additional questions regarding Me winery, Mr. Saam stated he had an interest in and was developing a Mango wine, and explained some of the FDA and state regulations he would have to meet to sell the product. Purchasing this property to plant trees was a start, and he would need to buy more property to the south. Mr. Qizilbash questioned what would happen if the annexation was denied. Mr. Griffin stated that the city would then not acquire the property and their recommendation would be null & void. MOTION by Durr /Carter to recommend approval to City Council to approve the Land Use amendment and rezoning for the proposed annexation, if that happens, of Parcel ID 31-39-07 - 00000 -1000- 00009.0 ROLL CALL: Mr: Durr yes Mr. Qizilbash yes Mr. Paul yes Ms_ Kautenburg yes Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 7-0. Motion passed. B. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT AND REZONING (FOR A PROPOSED ANNEXATION) — CITY OF SEBASTIAN — PARCEL ID NO.. 30- 38h21- 00001- 0000 - 00025.1 — 12900 US HIGHWAY #1, ADJACENT AND NORTH OF THE SEBASTIAN CEMETERY — SUBJECT PARCEL IS 1.43 ACRES, MORE OR LESS — REQUEST IS FOR INS (INSTITUTIONAL) LAND USE AND PS (PUBLIC SERVICE) ZONING Mr. Griffin stated the city has recently closed on the property, which is the 1,4 acres directly north of the city cemetery, currently located in the County. The request by the City [as applicant] is, 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEFTlNG OF MARCH 7, 2013 along with annexation, that a Land Use of Institutional and a zoning of Public Service be assigned to the property. The proposed is consistent with the Comprehensive Plan, and staff recommends approval of the request. Mr. Ginsburg made corrections with respect to the address and requested zoning. Chmn. Dodd opened the public hearing. Ben Hocker, Sebastian, asked questions clarifying who had jurisdiction and who had control of the property, If annexation was necessary, and if we could just petition the County for rezoning. Mr. Ginsburg answered his questions, and staff stated that we would not want a portion of the city's cemetery located in the County. Chmn. Dodd stated the City could possibly generate funds by selling off the sand /fill on the lot. MOTION by Durr /Carter to recommend to the City Council to approve staff's recommendation for the land use amendment and rezoning for the proposed annexation of 12900 US Highway #1. ROLL CALL: Mr. Dodd yes Mr, Durr yes Mr. Carter yes Mr. Qizilbash yes The vote was 7 -0. Motion passed. CHAIRMAN MATTERS: Mr. Roth yes Mr. Paul yes Ms. Kautenburg yes Chmn. Dodd asked the Commissioners if they would be agreeable to oancelling the regular scheduled meeting of July 4th, and re- scheduling to the following Thursday on July 11'h. Mr. Paul stated he would need to be excused. Rescheduling was approved by a voice vote. MEMBERS MATTERS: Mr. Ruth apologized for his late arrival_ DIRECTOR MATTERS: Mr. Griffin updated the Commissioners on projects in the city_ current review of the Buried Treasure Antique Shop site plan, pre - application meetings with Cumberland Farms representatives [on CR512 & Barber Street] to demolish the site and rebuild a new building with a safer traffic site plan, Cross Creek Lake Estates Final Plat with new home construction starting, airport and runway updates along a Main Street improvement overview, and a Working Waterfront update. He also discussed a Planning Officials Training class offered through the Atlantic Coast Section of the American Planning Association on 7119113 from 8:30 am to 4:00 pm in Viera, Florida, and stated the city would cover the $10 registration fee for any Commissioner who wished to attend. Contact Ms. Bosworth by Wednesday, July 3r', and she would handle the registration. ATTORNEY MATTERS: Mr. Ginsburg noted he had been called for jury duty the week of July 1P, but that it should not prevent him from attending the rescheduled meeting. Chairman Dodd adjourned the meeting at 7,34 p.m. (db) 3 X HOME OF PELICAN ISLAND Community Development Department Waiver Requests - Staff Report 1. Project Name: New York Barber Shop 2. Requested Action: Waiver requested from Section 54-4- 21.B.4.(a) & (b) of the Sebastian Land Development Code to allow a building to be painted, with a prohibited building graphic and colors that are not on the approved Overlay Districts master color list. 3. Project Location a. Address: h, Legal: 4. Project Owner: 5. Project Engineer: 6. Project Agent: 7. Project Description: 867 Sebastian Boulevard Lot 1, Block 187, Sebastian Highlands Unit 8 Jose Hernandez & Nora Bonilla 867 Roseland Road Sebastian, Florida 32958 MA MA a. Narrative of proposed action: Nora. Bonilla and Jose Hernandez, in regards to their commercial building located at 867 Sebastian Boulevard, are requesting waivers from the following: "Section 54- 4- 21.B.4.(a) The following building graphics are prohibited. Polka dots, circles, vertical stripes, diagonal stripes or lines, plaids, animals, and symbols such as lightning bolts. However, legally registered trademarks which directly relate to the building occupant (not trademarks of products or services sold or displayed) are allowed, subject to applicable sign and color regulations." b. C. and: "Section 54- 4- 21.B.4.(b) Color Standards. All buildings and accessory structures within the CR -512 Overlay District shall be limited to the colors listed in the Overlay Districts master color list. (1) Base building colors. Base building colors relate to wall and parapet wall areas and shall be limited to colors consisting of white and light neutral colors in the warm range. (2) Secondary building colors. Secondary building colors relate to larger trim areas and shall not exceed 30% of the area of any one building faVade elevation. These colors consist of a mid -range intensity of the base building colors and complementary colors, and include all base building colors. (3) Trim colors. Trim colors are used for accept of smaller- trim areas, are the brightest group of colors allowed, and include all base building and secondary building colors. Use of metallic colors (i.e.: gold, silver, bronze, chrome, and other extraordinarily bright colors) and use of garish colors, such as fluorescent colors (e.g. hot pink, shocking yellow), is prohibited. Trim colors shall not exceed ten percent of the surface area of any one building fagade elevation." The applicants are requesting approval to paint their building, specifically a major portion of the front facade facing CR512, with zed, white, and blue diagonal stripes (see attached picture). The partially completed painting project is on hold until a decision is made by the Planning and Zoning Commission Current Zoning: Commercial -512 (C -512) Adjacent properties: 2 Future Land Use LDR C -512 LDR C -512 Zoning Current Land Use North: RS -10 residence East.- C -512 Italian American Club South: RS -10 residence West: C -512 vacant 2 Future Land Use LDR C -512 LDR C -512 d. Site Characteristics (1) Total Acreage: .17 acres (2) Current Land Use(s): barber shop (3) Water Service: well (4) Sanitary Sewer Service: septic 8. Staff Comments: The applicants wish to paint the front fagade of their barber shop with a motif utilizing the traditional colors and design of a barber shop pole. The CR512 Overlay District establishes special architectural standards to promote attractive buildings by utilizing quality design criteria. 9. Board Criteria for Determining Waivers (Section 54-4- 21.6): "As part of an application for development, a request may be made for a waiver of any of the provisions of this article (Article XX1. Performance Overlay Districts). The request shall be heard by the planning and zoning commission in determining if any such provision be waived, modified or applied as written. The planning and zoning commission shall hold a quasi- judicial hearing on the requested waiver. The criterion for granting a waiver or modification of any of the provisions of this article is whether the strict interpretation of the requirements of this article places an inordinate burden on the property owner as defined by Florida Statutes. The waiver procedure herein is the exclusive remedy to the application of the provisions of this article and is to be utilized in lieu of an application for a variance." 10. Staff Recommendation: The Planning and Zoning Commission must consider the criterion for granting a waiver as defined above. Prepared by Dorri Bosworth Community Development Department Dat 44 A 2. Al 106 t to 4orlp COY SEWLSTPAN HOME OF PFLICAN ISLAND 1225 MAID STREET a SEBASTIAN, FLORIDA 32958 TERPHONE (772) 589.5518 a FAX (772) 388 -8248 PUBLIC NOTICE CITY OF 'SEBASTIAN INDIAN RIVER COUNTY FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING THURSDAY, JULY 11, 2013, AT 7 :00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A WAIVER FROM SECTIONS 54- 4-213.4.(a) & (b) OF THE SEBASTIAN LAND DEVELOPMENT CODE. THE NEW YORK BARBER SHOP, PERTAINING TO PROPERTY LOCATED AT 867 SEBASTIAN BOULEVARD, IS REQUESTING A WAIVER REGARDING CERTAIN ALLOWABLE BUILDING GRAPHICS AND COLOR STANDARDS OF THE CR512 OVERLAY DISTRICT. ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND PRESENT TESTIMONY WITH RESPECT TO THE PROPOSED WAIVER REQUESTS. ED DODD, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY T14E PLANNING AND ZONING, COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD o THE PROCEFDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WIlICI4 THE APPEAL IS TO ICE HEARD. (28£.0105 F.5.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADAJ, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589.5330 AT LF,AST 48 HOURS IN ADVANCE OF THE MEE`fING. Pub]ished Wednesday, June 26, 2013 Ma Permit Application No. SE B,AST N City of Sebastian piowCwPa,CAN,«., Development Order Application Applicant If not owner, written authorization notarized from owner is required) Name: Address: )) Phone Number: (? 7 j ?r' -,fir FAX Number: E -Mail: -- -- Owner flf different from a licant Name: y � Address: 1 Phone Number: { 1 7�} 3 � F - c 4 FAX Number: E -Mail: Title of permit or action requested: PLEASE GOMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -112° BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: IR-07 $T I LV Lot: i Block: 17-7 knit: 13 Subdivision: ��N7 Indian River County Parcel #: B9--IS-tea,,- t770aODOOI -0 Zoning Classificati n: Future Land Use Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra shoots if necessa /-vtI T' k Da�--' of R26IIjr 6+M-off- _ eeo , w [f (Ta " I6LJA E- f} ;�%I_t Pik S#4a-Q pbSe DATE 1 ECEIVED:t 1 1 FEE PAID. $ �-) RECEIVED Permit Application No. D. Pro`ect Personnel Agent Name: Address - - Phone Number: { ) - FAX Number: E -Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ( } - FAX Number: ( ) - E -Mail: Surveyor: Name: Address Phone Number: ( ) - FAX Number: E-Mail: I, jMOM r_'.b)j l Lw1:: _ , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER T I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA ANDIOR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGN TUBE DATE SWORN TO AND�SUSSGRIB ORE ME BY MQP fj- I Al I.QLA- WHO IS ERSON E OI4 PRODUCED AS IDENTIFICATION, THIS 1D DAY OF ul� , 241 _. NOTARY'S SIGNATURE z PRINTED NAME OF NOTARY o S u+ COMMISSION No. /ExPIRATION EE 3? SC [s /Q Irl Ito SEAL: lM 00 Oslo #EE 207i8e IC ST AI'- '- Permit APPlicalion No. The following is required for all comprehensive plan amendments, zoning amendments ((including rezoning), site plans, conditional use Permits, special use permits, variances, exceptions, and appeals. IIWE, _ THE OWNER(S) 1, THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PR PERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P4 C0041M j SCa C=- BOARDICOMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MYIOUR PENDING APPLICATION. IIWE HEREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARDICOMMISS ION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MYIOUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSPNT I5 BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES , BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGN TURF DATE Sworn to and- subseribed.laefore me by ogh / ILA who (j personally kno I - as iden tc Ion, this Icy e Notary's Signature Printed Name of Notary Commission No.IExpiratioi Seal, APPLICATION FEE RE E ABLISHED BY RESOLUTION OF ITY OUN+CIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING N APPLICANT. INFER REVIEW (WHEN REQUIRE DVILL S THE RESPONSIBILITY OF THE ACKNOWLEDGMENT DATE Permit Application Colo. m4 SIERAST ?TOME Of KLIGN MOAD Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one). variances) appeals) _ wAl1 Z. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): 3. Legal description of the property involved: Wi L 4. Attach the following: a. Boundary survey of the property xecuted by a Florida Registered Surveyor. The survey shall sho a dimensions of the lot or parcel at issue, the location of all stru res, if any, along with adjacent streets, and all easements and rig -of-ways. b. Additional data and ' formation as required to properly advise the Board of Xnamand urnstances needed to decide the case on its merits. c. Thdresses of all {property owners whose property or p art of ty is within 300 feet of any outer boundary of the lot or at is subject of the amlication. 0