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HomeMy WebLinkAbout04171997 PZCITY OF SEBASTIAN pLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 17, 1997 Chnm. Fischer called the meeting to order at 7:03 P.M. R.OLL C~L: PRESENT: Mr. Munsart Mr. Driver Ms. Kilkelly Mr. Johns Mr. Mather Chum. Fischer Mr. Pliska Ms. Vesia EXCUSED ABSENCE: Mr. Schulke ALSO PRESENT: ANNOUNCEMENTS: Robert Massarelli, Community DeveloPment Director Tracy Hass, Planner II Jan King, Zoning Technician Valerie Settles, City Attorney Ann Brack, Recording Secretary Chron. Fischer announced a Council ~ of Public Officials May 21 at 9:00 A.M., to hear speaker Bonnie J. Williams from the Commission. on Ethics. Anyone attending should contact Joanne at City Clerk's Office for reservations. Chnm. Fischer welcomed Mr. Pliska back. He also noted that Larry Driver will be voting in place of Mr. Schulke. APPROVAL OF MINUTF~: (April 3, 1997) MOTION by Mather/Johns I make a motion that we approve the minutes of April 3, 1997. A voice vote was taken. 7 - 0 motion carried. OLD BUSINESS: RECOMMENDATION TO CITY COUNCIL - SPECIAL USE PERMIT - OUTSIDE DINING - 806 INDIAN RIVER DRIVE - R. FEY Mr. Massarelli gave staff presentation on the special use permit. He spoke on the history of this project, the necessary elevation of the building and the issue of grade in reference to the deck/dock. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEET1NG OF APRIL 17, 1997 He noted that early .m the discussions with the applicant, it was determined to be a dock for water oriented uses. To utilize this structure for dining, thc Planning and Zoning CommisSion de~enmned that it could be handled under a Special Use Permit. He explained that previously, he recommended denial because i~ was out over the water, and could only be used for water related uses according to the Comprehensive Plan. At the last Planning and Zoning Commission meeting, the applicant indicated that they would not be putting it in the water, that it would be on the land, and that eliminated the staff objection. The staff now recommends approval of the Special Use Permit, and that the Committee recommend to City Council a permit for outdoor seating, and "be approved with the following conditions: 1. The restaurant seating, indoor and outdoor, is limited to I05 seats. 2. All restaurant service shall be seated, i.e. no service to patrons standing in the restaurant or on the dock. 3. That the special use permit does not allow other non-water' depeadent uses such as bands, 4. Thai all of the requirements of the site plan approved by the Planmng and Zoning Commission on October 17, 1996 shall be complied with. Mr. Massarelli made reference to some site plan modifications provided by Mr. Brace Cooper. He recommends that those modifications do not be considered at this time as he has not applied for a site plan modification and it is irrelevant to the discussion of the special use permit, ff the applicant wants us to consider modifying the site plan, there are procedures to follow for that. Depending on the square footage, it may even be a minor modification, handled at staff level. Mr. Massarelli made reference to Sembler's Marina that deals with an indemnification agreement between the City and Sembler's stating that the City finds a restaurant use is consistent with the Comprehensive Plan. Both Mr. Massarelli and the City Attorney feel this agreement may be faulty, they don't agree with the interpretation in that agreement, and feel that a water dependent use should be water ~t. He continued with explanations about water related uses. Mr. Massarelli explained the calculations of parking versus seating, and Mr. Brace Cooper agreed to compliance by the applicant, and indicated complete understanding at this part of the code. There was some discussion on transient customers. At this point, Leonard Bassi, 573 Browning Terrace Uied to declare a point of ont~r. City Attorney, Valcrie Settles, noted that only a Commission member may declare a point of order. Brace Cooper of Bruce Cooper Consulting was present representing Mr. Fey of 806 Indian River Drive. He stated that he is a consultant; he is not a general contractor nor is he an attorney. He suggested that Mr. Bassi check with the Florida Today Newspaper about their erroneous comments as to his occupation. PLANNING AND ZONING COMMISSION MINLrFES OF REGULAR MEETING OF APRIL 17, 1997 Mr. Cooper proceeded to give his presentation in reference tothe subject of the deck/dock atMr. Fey's project. He noted that he is not requesting a new site plan, rather he is submitting a revised site plan to show handicap access to the dock-marina, as requested by staff. He then noted that the deck has always been shown on the. site plans as a deck and will be kept within the property lines and not extend over the water, as approved in 1990 and also in 1994. He noted that in 1994, this Planning and Zoning Commission approved the site plan, and condition #2 required that at time of building permit, flood proofing or a change of elevation of the finished floor be provided for flood zone, according to code. He stated that thc applicant was never given the option of floodproofing. Mr. Cooper then explained the sliding glass doors opening to a deck on the east and south walls of the building. He continued to give explanation of the history of this project and approvals and also referred to the deck built at Humcane Harbor restaurant on Indian River Drive. He also made reference to the building codes and gave his interpretation. The issue of a Special Use Permit was discussed by Mr. Cooper, and be did not agree that this permit was necessary. Ms. Kilkelly mterrupt~ Mr. Cooper's presentation and noted that the applicant's repres~tative appears to he speaking against this application for Special Use, and in the interest of saving time, perhaps we should answer the question of whether it is a Special Use or not. She noted that the applicant does not make this decision, the Commission makes this decision along with staff. City Attorney, Valerie Settles noted that her appearance at this meeting was for legal opinion on certain issues, and legally, she felt that staff was correct, that a Special Use Permit is. required.. She recommended that if the applicant does 'not agree with that, he can appeal to City Council. She noted that the report by staff was logical, made sense, and recommended approval of the Special Use Permit. There was further discussion between Mr. Cooper, Ms. Settles, and Mr. Massarelli on the elevation of the deck/dock, special use permit, site plan approvals, and whether this meefng is the proper forum for Mr. Cooper's contention. Mr. Johns voiced an opinion that he felt it should have been understood that the deck would rise in elevation with the building itself. Mr. Massarelli noted that it was made clear to the applicant and his general contractor that devation of the dock would not be permitted by the City because it was rhea an encroachment into the setback.. Mr. Massarelli then suggested that this issue be sent to City Council for a quasi-judicial format with testimony and cross-examination of the witnesses. Mr. Cooper noted that the applicant's biggest problem was with the conditions attached to the special use permit. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 17, 1997 Ms, Settles recommended this issue be sent to City Council with recomm~on that they consider it as a quasi-judicial mater. Mr. Pliska commented on the conditions of the special use permit. At this time, Mr. Cooper stated for the applicant - '~we'll go as a Special Use, withdraw any other que, stions". Please act on those conditions if you fool that those conditions are relevant." The public hearing was opened and closed at 7'.55 P.M., as there was no public input. Mr. Driver questioned condition #3. Mr. Massarelli responded that the application was specifically for outside dining. He noted that bands, dancin~ etc., are non-water related uses, and this is a dock facih'ty that is wa~-oriented with water dependent uses, and if the applicant wants to do those things, he may apply for a special use permit for them. He felt that because of the c, onfu~ion that has been developing on this project, that it should be made clear that we are only approving outside dining and not otber uses~ MOTION by Johns/Mather Mr. Johns made a motion that '%ve recommend to City Council Special Use Permit for outside dining for 806 Indian River Drive to include all of those items of # 15 and #16 in the staff recommendations". Roll c, ail was taken. Mr. Mather - Yes Chmn. Fischer - Yes Mr. Pliska - Yes Ms. Vesia - Yes Mr. Driver - Yes Mr. Munsart - Yes Mr. Johns - Yes The vote was 7 - 0. Motion carded. t J$IlSES$: ACCESSORY STRUCTURE REVIEW - SECTION 20A~5.?.D - 741 FORSTER AVENUE - M. MILLER & R. WALLACE Mr. Raymond Wallace, 733 Forster Avenue, was present. Ms. King gave staff presentation and had no objection to the application. Questions from Commission members and staff were answered satisfactorily by the. applicant. There was discussion of the finish on the shed not being compatible with the residenoe, in finish and in color. The applicant agre~l to paint the shed along with the house aRer the pool installation is finished. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 17,. 1997 MOTION.by Johns/Munsart I make a motion that we grant accessory structure permit for M. Miller and R. Wallace at 741 Forster Avenue, subject to the colors of the shed and the house being compatible.. A voice vote was taken. 7 - 0 motion carried. SITE PLAN REVIEW - BARBER STREET SPORTS COMPLEX SOUTH - CITY OF SEBASTIAN Mr. Hass gave staff presentation and recommended approval. Mr. Massarelli noted that the City Manager, Mr. Frame, requires that the City projects, must meet the same standards as any other applicant. He noted that with the mount of Uaffic using this parking area, asphalt is the most economical material compared to paver bricks. Mr. Driver asked about parking restrictions along Barber Street aider thc ~arkin~ lot is corapleted. Mr. Massarelli responded that the Police Depamnent should be notified to eheck on these restrictions. He suggested parking on Tulip Drive. There was discussion on seating and bleachers. Ms. Kilkelly inquired about the planting islands in the parking lot. She suggested confimm~on on adequate room to plant the type of trees that are planned. Mr. Massarelli responded that cabbage palms are to be relocated to these islands, and probably don't require as much space as an oak might. He agreed to discuss this with the City Manager. Mr. Pliska suggested banning parking on Fairfield Street when the soccer field is complete. Mr. Johns brought up the subject of approval by St. John's River Wate~ ~ District. Mr. Massarclli assured Mr. Johns that SJRWMD would be notified at the proper time. MOTION by Munsart/Johns I move that we approve the drawing for the Barber Street Sports Complex expansion as shown on sheet one (1) of two (2) submitted by Randy Mosby, drawings number 97-135 with provisions for parking to he examined later on. A voice vote was taken. 7 - 0 motion carried. A break was taken at 8:28 P.M. and the meeti~ resumed at 8:40 P.M. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 17, 1997 SITE PLAN REVIEW o FLOOR PLANS & ELEVATIONS - SEMBLER'S RAW BAR - 1660 INDIAN RIVER DRIVE - SEMBLER'S MARINA Ms. Kilkelly indicated that she had a memo dated luly 13, 1990, when the site plan was approved. She noted that there was a condition included in the motion to approve this site plan, and was reflected in the memo. The applicant was to apply separately, within one year, for. approval for construction of the restaurant and raw bar phase of the site plan. She noted that we are now, in 1997, and questioned the legality of going forward with a site plan that should have been submitted by 1991. Ms. Settles, City Attorney, noted that the above requirement to be submitted within a year just came to light very' recently, and caused her to recommend a d~ so that it can be looked into. She noted the fact that the site plan was approved so long ago, and other legalities that need robe looked into, such as the portion that was in separate ownership, which should have been tied together before any development was to begin Mr. Massarelli commented about trying to come up with a chronology of events by going through the file. Ms. Settles also mentioned that the indemnification agreemem appears to be contrary to state law. Secondly, there is no build-out date, and theoretically, it could sit for fifty (50) years and then they could come in for a permit, irrogardleSs of what current laws were. There was some discussion about how much time would be needed by Ms. Settles ua check into this issue and it was agreed that the meeting of May 1 st would provide enough time. The applicant, Mr. Buzz Underill, 1660 N. Indian River Drive, was present and commented that the May 1st date for conclusion would suit him, but he will be out ofthe country by May 15th. Mr. Massarelli asked if Mr. Underill has any questions on the materials to be rest. Mr. Driver asked about the conceptual picture of the entire project that Mr. Underill had with him. He also asked if this site plan was going to coincide with the Florida Fishing Village theme. Mr. Massarelli noted that after looking at thc elevations provided, overall, it does comp~ the Florida Fishing Village theme. He also noted the issue of the Federal Flood Insurance Program. He heard from Tallahassee just yesterday, and there may be a problem with the height of thc elevation. Another issue is that if the substantial improvement of an existing building is 50% or more, the new standards must be met. There is some question as to whether the facility is the raw bar and the pier, or just the building itself. This must be researched. There is also a question about parking, and a drainage study must be done. He also noted that the elevation of the building will affect the handicap ramp and needs to be addressed. He agreed that setting May 1st as the review date would help everyone. Mr. Mather commented that he would like a report from Ms. Settles about the legal aspect, as he has some questions. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 17, 1997 Ms. Settles commented that there needs to be some timetables inserted about completion of this project. MOTION by Johus/Mather I make a motion that we defer the site plan review for Sombler's Raw Bar, 1660 Indian River Drive to 1 May 1997. A voice vote was taken. 7 - 0 motion carried. Chmn. Fischer asked Ms. Settles to be at this May 1st meeting and she agreed. CHAIRMAN MATTERS: At this point, time was given to Mr. Leonard Bassi, 573 Browning Terrace, Sebastian to speak on Bruce Cooper's credentials. MEMBER'S ~TTERS: Noi~ DIRECTOR MATTERS: Mr. Massarelli reported that at the City Council meeting last night, an agenda item was added on Collier Creek Estates and there was a lengthy discussion about the drainage. The .result was a compromise on how to proceed ahead with Collier Creek. He sent a letter to Mr. Adams approving the construction drawings. As each .phase comes in for the final plat, we will enter into an agr~ with Mr. Adams that he will be responsible for thc maintenance of the road and:. associated drainage for a one-year period. He is still concerned about the ground water table and the possible impacts on the wetlands. A one-year period will give enough time to seo if the system works as designed. If it does not work as designed, Mr. Adams will be responsiblefor ~ the deficiencies prior to thc City accepting it. And no additional phases will go forwnrd as a final plat until the deficiency is corrected. This protects the City. He noted that the City will ask Mr. Adams for the swale elevations at each lot line to more accurately set the culverts to maintain the 3% slope in the swales. Mr. Pliska asked about the culvert pipes being gradually enlarged throughout the project to handle the drainage water, as suggested by Mr. John Hill in the proposed drainage plan for the City. Mr, Massarelli also noted that the Ordinances are back on track going to City' Council for approval, and explained that wording was agreed on for the interaction betwee~ the Ctmaraunity Development Depamuent and the City Engineer, using the phrase '~vith the eononvence of the City Engineer". He also reported meeting with Les Solin of Solin and Associates, went through the Comprehensive Plan in detail and he is on sdaedule to bring to this CommissiOn the mumdmems to the Comprehensive Plan, on May 15, 1997. He noted that he may try to get the May 15th meeting started earlier than usual as there is a lot of material to be presented on thc Comptetiemive Plan. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 17, 1997 Chmn. Fischer adjourned the meeting at 9:05 P.M. rld (4122/97AB) City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MINUTES OF MEETING HELD �Q�1 � 1-7 -r-.L I�–I 4400� APPROVED AT MEETING HELD MT,1 I �T91 E. ANN BRACK, RECORDING SECRETARY � DORI SWORTH, SECRETARY �— PZMAF (00111 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 AGENDA THURSDAY, APRIL 17, 1997 PLANNING AND ZONING COMMISSION 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3 . ANNOUNCEMENTS: 4. APPROVAL OF MINUTES: Regular Meeting of April 3, 1997 5. OLD BUSINESS: A. Recommendation to City Council - Special Use Permit - Outside Dining - 806 Indian River Drive - R. Fey 6. NEW BUSINESS: B. Accessory Structure Review - Section 20A -5.7.D 1. 741 Forster Avenue - M. Miller & R. Wallace C. Site Plan Review - Barber Street Sports Complex South - City of Sebastian D. Site Plan Review - Floor Plans & Elevations - Sembler's Raw Bar - 1660 Indian River Drive - Sembler's Marina 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. DIRECTOR MATTERS: 10. ATTORNEY MATTERS: 11. 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 IS 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 OF THE DATE OF ACTION. (286.0105 F. S) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) , ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) -589-5330 AT /000*1) LEAST 48 HOURS PRIOR TO THIS MEETING.