HomeMy WebLinkAbout01-07-2016 PZ MinutesCITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
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JANUARY 7, 2016
1. Call to Order – Chairman Dodd called the meeting to order at 6:00 pm.06
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2. Pledge of Allegiance was recited by all.
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3. Roll Call
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Present: Mr. Dodd Mr. McManus
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Mr. Roth Mr. Reyes
Carter Mr.
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Mr. Alvarez (a)
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Ms. Kautenburg Mr. Hughan (a)
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Mr. Qizilbash
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Also Present
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Mr. Frank Watanabe, City Engineer
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Jan King, Senior Planner
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Ms. Dorri Bosworth, Planner/Recording Secretary
Ms. Dale Simchick, IRC School Board Liaison was present
4. Announcements and/or Agenda Modifications
Mr. Dodd welcomed Mr. Hughan to the Commission.
At the request of staff, Mr. Dodd made a motion to reorder A (Tiki Bar & Grill) and B (St.
Sebastian Catholic Church) under Item 6, it passed unanimously by voice vote.
Mr. Dodd advised the Commissioners that the election of the Chairman and Vice
Chairman would be conducted under Commissioners Matters.
Mr. Dodd called for any further Agenda Modifications, hearing none he continued with
the Agenda as modified.
5. Approval of minutes — None
6. Public Hearings
B. Quasi -Judicial Public Hearing — Site Plan Modification — St.
Sebastian Catholic Church — 5,859 SF Addition to Fellowship Hall — 13075 U.S.
Highway #1 — Public Service (PS) Zoning District.
Mr. Ginsburg read the Project Description Narrative for the Record. Chairman Dodd
asked if there was any ex -parte communication that needed to be reported — Mr.
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Planning and Zoning Commission Page 2 of 8
Minutes of Regular Meeting of January 7, 2016
McManus responded that he is a member of St. Sebastian Church but has no financial
interest in the project. Mr. Ginsburg asked if Mr. McManus had a leadership role in the
Church. Mr. McManus responded he did not. Mr. Roth stated that he is a member of
the Church but has no leadership role. Mr. Alvarez stated that he is also a member of
the Church but has no leadership role.
Mr. Ginsburg swore in all those planning to present factual information on the project.
Mr. Joseph Schulke, Schulke, Bittle and Stoddard introduced himself and stated that he
represents St. Sebastian Church. He explained that application is for an addition to the
Fellowship Hall. He stated that no additional parking or drainage is required and they
have received all other necessary approvals. He stated that there are minor
landscaping requirements, but staff has requested that the existing landscape plan be
reviewed for consistency and to address some missing landscaping. He explained that
the updated plan is in this package for approval. He stated that the addition will have
fire sprinklers, as well as there being a newly installed fire hydrant to protect the entire
Church property. He offered to answer any questions.
Ms. King stated that Mr. Schulke had covered most of the items. She explained that
there is no additional parking required because it is based on Church capacity, not the
other buildings. She commended Mr. Schulke for doing a good job in reviewing the
prior landscaping plan and identifying the necessary upgrades and additions. She
stated that Staff recommends approval of the landscaping plan. She explained that part
of the Site Plan Modification is the addition of a connecting sidewalk to the assisted
living facility to the north on which the engineers for both projects have worked to
create. She concluded by stating that Staff recommends approval of the Site Plan
Modification.
Mr. Dodd asked if there were any questions from the public or the Commissioners. Mr.
Roth asked Ms. King if items 1 — 4 on the Landscape Plan will be required. Ms. King
responded that those items were part of the previously approved plan; what is being
approved now is the plan which has been reviewed and updated to address
replacement plantings and additional landscaping.
Mr. Qizilbash pointed out that in counting the parking spaces shown, they add up to only
326 and not the 392 spaces shown on the Site Plan. He stated that the plan needs to
be corrected to reflect the correct number. Ms. King answered Mr. Qizilbash's question
regarding the addition of buildings by explaining that it has always been the City's
position to use the Church capacity to calculate the number of parking spaces, not the
number of buildings.
Mr. Schulke reviewed the Site Plans and explained that there are grass parking spaces
which are on the original plan and were not identified on the revised plan. He stated
that he will get a correct plan to staff.
Planning and Zoning Commission Page 3 of 8
Minutes of Regular Meeting of January 7, 2016
Mr. Reyes asked if the ingress/egress from the site via the asphalt driveway onto 134th
Street is permissible. He expressed concern about the amount of traffic during their
monthly garage sales and how it impacts the people living in the area. Mr. Watanabe
responded that because it is a public road and the site abuts it the use is permissible.
Mr. McManus related that a number of years prior there were complaints from
surrounding residents about the traffic exiting the Church via the road which was then in
very poor condition. The resolution to the problem was that the Church paved it. Ms.
King explained that the road was approved on the original Site Plan. Mr. Dodd advised
the Commission that this is not a major modification and as a result the entire site plan
is not open for review at this time.
Mr. Dodd called for any further questions, hearing none he opened the meeting to the
public. He called for anyone wishing to speak in favor of the project — no one came
forward. He called for anyone wishing to speak in opposition to the project to come
forward. Mr. Ginsburg swore in all those wishing to speak.
Donna Woodall, 7895 134th Street, stated that there have been traffic problems in the
past and she is concerned that with the new building there will be even more. She
explained that people speed and have hit a dog and gopher tortoise.
Dr. Michael Ferrentino, resident on 134th Street, expressed concern about the traffic and
use of the road by the Church. He explained that the Church has a right of way of 35
feet and he has 35 feet which was deeded to him. He stressed that the entire right of
way does not belong to the Church. He asked if this could be addressed during the
review process.
Pat Lorec, owner of the property that directly abuts the Church property on 134th Street,
she stated her concern about the large amount of traffic, people parking on her property
and the speed cars travel. She stated that the residents have appealed to the Church
with no success in reducing the problem. She showed the Commissioners photos from
her phone showing debris, old vehicles, tires, etc. being stored on the Church property.
Patricia Whitford, resident of 134th Street one block from the Gate. She stated that the
information about the Church paving the street is incorrect. She explained that the
Church paved part of it and every resident on 134th was assessed $1,500 each. She
stated that she has copies of results of meetings and the agreement that the Church
would only open their gate and use the street on Saturdays, Sundays and Holy Days
that she could provide to the City.
Helen Kurz, 8131 135th Street expressed her concern about the amount of traffic from
the Church that transits her neighborhood and asked that something be done to provide
relief to the residents.
Mr. Dodd called for anyone else from the public wishing to speak, seeing none he
stated that the Applicant can now address the concerns expressed.
Planning and Zoning Commission Page 4 of S
Minutes of Regular Meeting of January 7, 2016
Mr. Schulke stated that the matter before the Commission is a Site Plan Modification for
a building addition which meets all the requirements set forth. He expressed concern
for the residents issues, but he did not have any in-depth information on the traffic
matters.
Mr. Watanabe explained that 134th Street is a county roadway and he will make the
County Engineer aware of the problems identified. Based on the Traffic Study
Assessment, he concurred with the Project Engineer that the proposed addition will not
create any significant increase in traffic.
Ms. King showed the Commission a diagram and explained how the site and the county
roadway connect. She stated that staff will address the debris, determine who the
responsible party is and make every effort to have it removed.
Mr. Dodd provided a brief overview by stating that the project is for an addition which
does not impact parking nor traffic flow. He urged the residents that spoke to meet with
City Staff to see if they could provide more information. He stated that Staff will be in
contact with the County regarding the traffic flow. He called for any further questions or
comments from the Commissioners.
Mr. McManus explained that the addition will be used for social events and the existing
area will be converted into offices as a result there will be no increase in traffic. He
stated that he had seen the debris. He reiterated that the gate is only open during
religious events and could possibly be closed during the flea markets, but that is not the
issue being addressed at this time.
Mr. Qizilbash expressed concern about the parking ratio by stating that the current ratio
meant that 4 people arrived in one car which should be reviewed.
Ms. Kautenburg stated that she is aware that the traffic and parking is not a part of this
review but negative impact is being felt by the surrounding residences and businesses
and will probably come up again in the future.
Mr. Dodd called for any further discussion, hearing none he called for a motion.
MOTION: by Roth/Carter "that the Site Plan, as submitted, be approved with Staffs
recommendations for the landscaping."
ROLL CALL: Mr.
Qizilbash — No
Mr.
Roth—Yes
Mr.
Reyes —Yes
Mr.
Dodd — Yes
The vote was 6/1. Motion Carried.
Mr. Carter —Yes
Ms. Kautenburg —Yes with reservations
Mr. McManus —Yes
Planning and Zoning Commission Page 5 of 8
Minutes of Regular Meeting of January 7, 2016
Mr. Schulke stated that although the requirement is not in the motion, he will get a
revised plan to Staff showing the additional parking.
Helen Kurz asked if access during the social functions planned for the new building be
allowed to be via 134th Street. Mr. Dodd responded that issue is not part of this
application and should be addressed with City or County Staff.
A. Quasi -Judicial Public Hearing — Site Plan Modification — Tiki Bar &
Grill West Side Parking -52 Additional Parking Spaces —1109 Indian River Drive
—Commercial Riverfront (CR) Zoning District.
Mr. Ginsburg read the Project Description Narrative for the Record. Chairman Dodd
asked if there was any ex-parte communication that needed to be reported — no one
responded.
Mr. Ginsburg swore in all those planning to present factual information on the project.
Mr. Chris Weier of Knight, McGuire & Associates, Inc. introduced himself and stated
that he represents the owner and is present to answer any questions.
Ms. Bosworth explained that the Site Plan Modification being presented is for 52 parking
spaces on the West side of Indian River Drive and is to address all uses of the current
operation, the proposed bar expansion and provide the required parking to bring the site
into compliance. She explained that the proposed parking area has 12 specimen oak
trees on it and the design of the lot will preserve 12 trees. To encourage protecting the
natural beauty of the area, the City grants credit of 3 parking spaces for each tree
saved. She stated that because of the credits being allowed that if any of the trees
have to be removed for whatever reason, additional spaces would have to be provided
or purchased through the parking -in -lieu program should be part of the approval.
Mr. Dodd expressed concern about the interpretation of Code regarding parking spaces
for trees saved. He stated that allowing 3 spaces per tree could set a precedent and
suggested granting the applicant a waiver. Mr. Ginsberg agreed that in this situation a
waiver would be advisable and at a future date Council may review and clarify the
meaning of the Code.
Mr. Dodd asked if a City provided cross walk should be installed since the parking is on
the opposite side of the street from the establishment. Mr. Watanabe responded that it
would not be necessary due to the lower density of traffic. He stated that creating a
mid -block cross walk created a false sense of security in pedestrians, especially
children, making them think they had the right of way over the vehicle traffic.
Mr. Roth stated that he supported the City putting in a cross walk anytime the parking is
across the street from the business. Mr. Watanabe reiterated his concern about mid -
block cross walks. He stated that he does not support installing any form of speed
reduction in that area either because of the lack of congestion. In response to the
Planning and Zoning Commission Page 6 of S
Minutes of Regular Meeting of January 7, 2016
question about where the traffic study was done, he stated that it was done in the area
of Captain Hiram's because that is more congested and not in the area of this property.
Mr. Reyes stated that he is concerned about people crossing the street too and the fact
that patrons would walk straight out of the parking lot and could be hit by patrons
entering or exiting the parking area. The applicant and Mr. Watanabe responded to Mr.
Reyes' question about exiting on to US Highway 1 by explaining that there are plantings
and a sidewalk which do not allow access and the area shown is to allow space for
vehicles to turnaround. Mr. Reyes asked if there would be plantings in the swales. Mr.
Chris Pinson introduced himself as co-owner of the project and stated that existing
landscaping will be used and some of the plants on the plan are designated for the
swales. He explained that the site does not hold water so there should be a good
survival rate for the plants. Mr. Reyes asked if the proposed bar area would open onto
the roadway. Mr. Pinson explained that the entrance would be from inside the complex
and the only door on the road side is for deliveries.
Mr. Alvarez expressed concern that there are no sidewalks, that patrons can walk in the
middle of the parking lot. Mr. Pinson responded that many of the large stores do not
have sidewalks in their parking lots. The installation of sidewalks would prevent the
drainage and parking requirements needed for the site to be in compliance.
Mr. Hughan expressed concern about the height of the drain inlet on the northeast side
of the site and the possibility of its causing ponding on the road side. Mr. Weier
responded that the difference is very slight, but he could make changes if necessary.
Mr. McManus commended the applicant for doing such a good job saving the trees. He
stated that is a plus for the area and waterfront.
Mr. Qizilbash expressed concern that the existing elevations report was not made part
of the package, so it can be determined if what is existing and what is proposed is
compatible. Mr. Weier responded that one was not submitted but they do have it on file.
Ms. Bosworth responded that she will check the City's files to locate it. She provided
details on the parking size requirements and explained that details on the existing
parking on the east side was not included in the package because there was no change
to it. Mr. Qizilbash stated that he supports the installation of a cross walk for the new
parking area. He stated that, in his opinion, the plans are not complete and lack
necessary detail for review.
Mr. Carter asked how many palms will be removed. Ms. Bosworth responded that they
are circled on page one of the plans. He also stated that figs don't have the canopy
oaks do. Ms. Bosworth stated that in calculating the credits trunk size was used not
canopy.
Mr. Dodd called for any further questions from the Commissioners. Hearing none, he
opened the Public Hearing and called for anyone wishing to speak in favor of the
proposed Site Plan Modification to come forward. Seeing none he called for anyone
Planning and Zoning Commission Page 7 of 8
Minutes of Regular Meeting of January 7, 2016
wishing to speak in opposition to the Plan, seeing no one he closed the Public Hearing
and asked staffs input.
Mr. Watanabe stated that from an engineer's stand point that the details on the plans
submitted is adequate to evaluate the project elements.
Ms. Bosworth stated that staff recommends approval with the condition that if any of the
saved trees must be removed three additional parking spaces must be provided and the
Self Certification be provided prior to start of construction. She asked that included in
the motion be the waiver from the Riverfront Overlay District special landscape
requirements.
Mr. Dodd reiterated his concern that some sort of crossing or traffic calming device is
needed to protect the people crossing the street. He stated that he would not be in
favor of tasking the owner with such action and the Commissioners could not commit
the City for such work. Mr. Watanabe responded he would monitor the activity to
determine what steps could be taken.
Mr. Dodd called for any further comment, hearing none he called for a motion.
Following in-depth discussion regarding conditions of approval and input from Mr.
Ginsburg the following motion was made.
MOTION: by Dodd/Roth "I move that we approve the Site Plan for the Tiki Bar West
side parking to include the expansion of the bar area on the East side with four
conditions. #1. The specimen tree waiver from Section 54-3-15-4-(d) be increased from
11 parking spaces to 36 parking spaces. #2. Any specimen tree removal from the
property will require the addition of 3 new parking spaces either through construction or
the parking -in -lieu -of fund. #3. The self -certification form be submitted to the City staff.
#4. The landscape waiver, requested by the applicant, from the Riverfront Overlay, per
the Landscape Plan, be approved.
Mr. Dodd called for any further discussion, hearing none he called for a vote.
ROLL CALL: Mr. McManus —Yes Mr. Roth —Yes
Mr. Qizilbash — Yes Mr. Carter —Yes
Ms. Kautenburg —Yes Mr. Dodd — Yes
Mr. Reyes —Yes
The vote was 7/0. Motion Carried.
7. Unfinished Business — None
Planning and Zoning Commission
Minutes of Regular Meeting of January 7, 2016
8. Public Input
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Mr. McManus stated that he saw in the paper that there is a zoning request for a piece
of property on 79th Street and US#1. He stated that he is aware that it is not in the City,
but asked if the County communicates such changes to the City. Ms. Bosworth
responded that the County is very good about keeping the City updated, but she will
look into it.
9. New Business — None
10. Commissioners Matters
Mr. Dodd expressed his appreciation for the opportunity to serve as Chairman, but
stated that it is time for another Commissioner to be elected. He called for nominations
for Chairman.
MOTION: by Carter/Reyes to elect Mr. Roth Chairman. The motion passed
unanimously by voice vote.
Mr. Dodd stated that Mr. Roth was now Chairman of the meeting.
Mr. Roth called for nominations for Vice Chairman.
MOTION: by Carter/Alvarez to elect Mr. Reyes Vice Chairperson. Mr. Roth stated that
with no other nominations Mr. Reyes was elected by acclamation to the position of Vice
Chairperson.
11. City Attorney Matters — None
12. Staff Matters — None
13. Items for Next Agenda — None
14. Adiourn — Mr. Reyes moved to adjourn. Chairman Roth adjourned the meeting
at 7:49 p.m.
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