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HomeMy WebLinkAbout10042001 PZChairman Mather called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL; PRESENT: EXCUSED ABSENCE: ALSO PRESENT: CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR VC Vesia Mr. Barrett Mr. Mahoney Chmn, Mather Ms, Carbano Ms. Monier(a) Mr, Rauth Mr. Svatik(a) and Mr. Smith Tracy Hass, Growth Management Director Jan King, Growth Management Manager Ann Brack, Recording Secretary Rich Stringer, City Attorney ANNOUNCEMENTS: Chmn. Mather announced that Mr. Smith and Mr. Svatik(a) are excused, and Ms. Monier will vote in place of Mr. Smith. APPROVAL OF MINUTES..; (9/20/01) MOTION by Barrett/Carbano i'll recommend approval of the minutes of September 20th, 2001. A voice vote was taken. 7 - 0, motion carried. OLD BUSINESS: None NEW BUSINESS: A. Quasi-Judicial Hearing - Site Plan Review - Complete Retail/VVarehouse - 633 Fellemere Road - C512 zoning Tracy Hass and Randy Mosby were sworn in by the Chairman at 7:04 P.M. No ex parte communications were reported. Electric - PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2001 Randy Mosby, Mosby and Associates of Veto Beach, FL was present and gave presentation and offered to answer questions, Tracy Hass gave staff presentation which recommended approval with the conditions in the staff report. In response to questions from Mr. Barrett, Randy verbally agreed to all of the conditions and noted that the rear garage door will probably be used for ventilation since vehicle access is questionable. Randy indicated that the parking lot will be so small that light packs will probably be used on the building. Mr. Mahoney commented that it is a very good project. Chmn. Mather opened and closed the public hearing at 7:10 P,M. as there were no proponents or opponents. Staff recommended approval with the conditions as outlined in the staff report, MOTION by Barrett/VC Vesia i'll recommend that we approve Complete Electric for their site plan for the office building on Lots 45 through 47, Block 508, Sebastian Highlands Unit 2, with five conditions stipulated by staff. Roll call: VC Vesia - yes Mr, Barrett - yes Mr. Mahoney - yes Ms. Carbano - yes Ms. Monier(a) - yes Chmn. Mather - yes Mr, Rauth - yes The vote was 7 - 0. Motion carried. B. Quasi-Judicial Hearing - Site Plan Review - Captain Hiram's Sand Bar Modifications - 1606 Indian River Drive - CWR zoning Martin Carter with Captain Hiram's was present and was sworn in by the Chairman at 7:12 P.M. No ex parte communications were reported. Mr. Carter gave a presentation noting that he has leased a piece of property for twenty (20) years from Oyster Bay/Pointe Resort and explained the proposed project. Tracy Hass gave staff presentation which recommended approval with two conditions in the staff report. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2001, There were questions about mmoval of the davits, installation of all palm trees, and the "tiki" effect at the sand bar. Mr, Mahoney asked if this architecture fits in with the Riverfm nt overlay district. Mr, Carter assured him that everything would be done in good taste. Them was discussion between Tracy and Mr. Mahoney about modifications, both minor and major, and accounting of the parking spaces. They also discussed issues with the flood elevation. Atty. Stringer noted that this action would also be a major modification to the Oyster Pointe site plan involving increase in impervious surface. He indicated that the motion should include the point that the major modification would apply to both Captain Hiram's and Oyster Point Resort. Mr, Rauth inquired if a representative from Oyster Point is present, and Atty. Stringer noted that principals of that establishment already signed papem authorizing these changes. Chmn. Mather opened and closed the public hearing at 7:26 P.M. as them were no proponents or opponents. Staff summarization recommended approval to include modification at the Oyster Bay/Pointe property. MOTION by VC Vesia/Barmtt I make a motion that we approve the major modification to Captain Hiram's River Raw Bar and Restaurant at 1606 Indian River Drive with the two (2) recommendations that staff has made, one and two, and the major modification at Oyster Pointe Resort. Roll call: VC Vesia - yes Mr. Barrett - yes Mr, Mahoney - no Chmn, Mather - yes Ms. Carbano - no Mr, Rauth - yes Ms. Monier(a) - yes The vote was $ - 2. Motion carried. ~HAIRMAN MATTERS: None MEMBERS MATTERS: Mr. Barrett inquired about the request in the newspaper for a regular and an alternate P & Z member, it was explained. VC Vesia wished Atty. Stringer a Happy Birthday, as did the other membem, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2001 Chairman Mather commented that he has enjoyed his six (6) years on this Commission but he thinks that's enough so he is stepping down. Mr. Rauth inquired about the activity at Paradise Marina on Indian River Drive, There was discussion on this subject, Mr. Barrett recommended that Mr, Svatik(a) be consulted about the pending telecommunication regulations since that is his expertise. Tracy recognized this request, DIRECTOR ,MA,,,T~, ,,,E,,R$: Tracy noted that the County is including the City of Sebastian on mailing lists for information updates on the telecommunication subject, and staff will be attending their public workshop on this issue. He added several other comments, In reference to the subject of canopies, Tracy noted that the Building Official has been asked to contact Indian River County to inquire about any ordinances they may have. He anticipates having an ordinance drafted in the next couple of months. ATTQ,R,,,NEY MATTERS: Atty, Stringer indicated that he does not feel that telecommunication towers meet the definition of "utility" or "essential services", He also noted that the PUD at Park Place (Villages of Lake Dolores) had only a partial conceptual plan which designated a number of tracts as "future development" which had no zoning classification, and which were noted as anticipating future commercial & residential uses. He indicated that in order to use those parcels, the conceptual aspect of the PUD must be amended with a zoning designation, He recommended that the Commission, tonight, make a motion to reconsider and reschedule another hearing at the next meeting. Mr. Rauth inquired as to how TV cable is handled since that was not envisioned either when the zoning was developed. Atty. Stringer responded that the concept is the transmission of these services into the neighborhood and originates from a source and has to be brought into the neighborhood. Mr. Rauth then asked how the point will be argued that cell phones may be an essential service now because of the times that we live in, Atty. Stringer responded that it is not necessary to bring it into that neighborhood in order to deliver it, and it may be allowed under public service zoning. Mr. Rauth then asked why the argument wouldn't be based on height limitations in a residential area. Atty. Stringer responded. There was more discussion and Atty. Stringer thought it would hold up on appeal and that cell phone use is not a customary use of land. Chmn. Mather opined that this could be a logical progression in terms of communication in the modern generation. There was more discussion on this issue. Atty. Stringer agreed that the City needs to develop specific regulations on this issue and deal with towers separately because they don't fit the traditional mode, 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2001 In response to an inquiry from Mr. Barrett, Atty. Stringer responded that the Commission needs to go back and revisit this issue since it was quasi-judicial, and reschedule it for the next time. He indicated that staff would resChedule it. Mr. Mahoney asked about the applicant having moved forward and incurring expenses in the subsequent two weeks. Ms. Monier(a) asked about staff's position in rezoning land to Public Service. Mr, Barrett asked that Atty. Stringer be present when this issue comes back before the Commission, MOTION by Barrett/Mahoney I make a motion to reconsider the previous approval of the telecommunications tower, the hundred and seventy-five (175) footer, for Atlantic Coast Tower of Florida, at Villages of Lake Dolores, Park Place PUD. Roll call: VC Vesia - yes Mr, Barrett - yes Mr. Mahoney - yes Ms. Carbano - yes Ms. Monier(a) - yes Chmn. Mather - yes Mr. Rauth - yes The vote was 7 - 0. Motion carried. Atty. Stringer then announced that the City now owns the almost ten (10) acre parcel behind City Hall. Ms. Monier(a) inquired about the possibility of using a 25 ft. height restriction east of U.S. #1 in the townhouse regulations to protect the riverfront district. Atty, Stringer indicated that an amendment could be made in the LDC to accommodate that request. There was discussion on this issue and he suggested that this change may not be wanted in the entire riverfront overlay district, Atty. Stringer then informed the Commission that Indian River County now owns Gibson Street and they are processing the abandonment of it, It is a major collector and he indicated that Schumann Drive is also a major collector and noted similarities that would influence maintenance responsibility. There was discussion. Chmn. Mather adjourned the meeting at 7:55 P,M. ( lO/S, Ol AB)