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Home My WebLink About1997 - Special Use Permit Outside Dining9 RESOLUTION NO. R-97-27 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING OUTDOOR RESTAURANT SEATING ON A DOCK IS NOT DETRIMENTIAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL MARINE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RICHARD FEY FOR OUTDOOR RESTAURANT SEATING ON A DOCK AT 806 INDIAN RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN P,kvzCTIVE DATE. WHEREAS, Mr. Richard Fey has applied for a special use permit for outdoor restaurant use on a dock at 806 Indian River Drive; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has considered this application and has found that the requested special use permit is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity and that the proposed use is consistent with the purpose and intent of the general commercial zoning district and the use is similar with the uses allowed in such a district; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has recommended approval of the requested special use permit, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOIRDA, as follows: SECTION 1. FINDINGS OF FACTS: The City Council of the City of Sebastian, after considering the evidence presented at the hearing, finds as follows: 1. The requested outdoor restaurant use on a dock at 806 Indian River Drive is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity; and, 2. The proposed use is consistent with the purpose and intent of the general marine commercial zoning district and is similar in nature and compatible with uses allowed in such a district. SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use permit for Mr. Richard Fey for outdoor restaurant use on a dock at 806 Indian River Drive. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code: A. That the restaurant seating, indoors and outdoors, is limited to 105 seats. B. This special use permit does not allow other non -water dependent uses such as bands, dancing, arcade games, etc. C. All of the requirements of the site plan approved by the Planning and Zoning Commission on 10/17/96 shall be complied with. SECTION 4. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 5. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 6. r,r'r'm;CTIVE DATE: This Resolution shall take effect immediately upon is adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice -Mayor Richard Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Resolution duly passed and adopted this - day of , 1996 City of Sebastian, Florida By: -WaMLILA Y-�W Walter Barnes, Mayor Tea'�4, k T: ,QGth.4� Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles City Attorney APPLICATION FOR SPECIAL USE PERMIT In accordance with Section 20A-2.6, Land Development Code, the City Council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for in the zoning regulations. All such uses shall not be otherwise illegal, and shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations. The City Council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented to it in each case that: 1) The granting of the permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and 2) The use requested is consistent with the purpose and intent of the respective district, and can be . demonstrated to be similar in nature and compatible with the uses allowed in such district. The fee for a special use permit is $150 (established by Resolution No. R-88-09). In addition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' radius of the subject property along with the appropriate certified return receipt mailing fee (currently :-- for U.S. mailing) . o NAME OF APPLICANT: ADDRESS OF APPLICANT: le /��✓� /fes U S / �? I-/ APPLICANT PHONE #: ,ADDRESS OF SUBJECT PROPERTY : (Q �.� �,-•�ek I• LEGAL DESCRIPTION OF SUBJECT PROPERTY:4wach9d ZONING OF SUBJECT PROPERTY: l' REASON FOR REQUEST FOR SPECIAL USE PERMIT: SLf 4N , INS Io- 201r. .an Lin - � �U � 1sZ.. ��r d r� � a�.�� -i n . THE BUILDING 0 FICIAL MAY QUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS "Signature o Applicant b:specuse.app 1 c�- WAIVER AND CONSENT I/We, the owner(s) of the property located at , Sebastian, Indian River County, Florida, (the "Property"), hereby authorize each and every member of the Board/Commission of the City of Sebastian (the "Board"/ "Commission") to physically enter upon the property and view the Property in connection with my/our pending (the "Proceeding"). I/We hereby waive any objection or defense I/we may have, due to the quasi-judicial nature of the proceeding, resulting from any Board/Commission member entering or viewing the property, including any claim or assertion that my/our 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 Consent is being signed by me/us voluntarily and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the City of Sebastian. Dated this day of SWORN to and subscribed , 19 . My Commission Expires: , 199 before . me this Notary Public day of j \ 1 1 _ � . � i . � _ .�� . � _ i1 1� 1 1 a� �( i• Y1 C� i-% _\ C' r KV : .1 ('C`L\ I�1 C-1 .I i' ,�zAA ' 1 h`[\ ra�• � _ �-.'.�� R :1 0 P,dRU'L 1414/1-1B£,P UN£ ,. �iorr, /��i¢�'.Soc.f/iwajf Comer of hof �rof� ¢•r fy lrerc fofoi-s cors vzycc/ ,6� :�'. . f�o�/�P .Sfdy�n.�or� orca� �dY¢� 7' S7�¢j'2rf,10rr, hs� w.jfa•, fo G�.rtr'o/ G6 -,r4 -*/40 >•ac.s1` GorJoo•-o f�'orr by G�Czcd dof�o� 4tfob¢r 4, / 9Sr, �Sva� .-�cord�d cr G�r4�dtr /D, /957, /rr Officio/ ,P¢ ccror� Boo,, 23 , f-�•d 4 9G, /rr diorr .Pii'¢ r Ga�irrft�, f/o ri•G/Q, ,PeCord.� fro. -r .Soid �:.� 1'�- of �¢c�•irrrriir� 1Ji�¢ rrCt rorr �ctrf/s to ¢S'Eoy/`Od�s/orct of /2S fe¢t; Aha rcd rt/or>`fr ?D' ¢S',E'o.�Jr'cdi.�fa►.rca of Z o Ar of isso rQ o� /t'Itss, Ab 1`/s4:r 6 orr,- .4p /• f/r c /rr c-,// 7 .giro. firmer C¢ rrr¢o rdd.-�rr� iS/orf/rci-/y o%rsy lVr¢ fs/¢jf Bo rk ofrr%a /�o�iorr .PivarQ oiij�onr-� of /25 Aral, i77o/¢ of /¢Ss, 1b a�oi:r1� of riylr/orr�/tom >o //ra /poiirf-of �c�•iisr�ii •,• ffrcz-ofcd Srz-,1h 7e'4SA-14c3f o d:sforrct of " f¢af rrroi-e or /cj�� /'o ffrt 0ir7Jr off- �d9�isr rirG�7, roybc/lr ¢r- j✓i /fs cr//,�i�orio•.r .P.c�fi7�.� fh¢r ¢ vrrfo o��oerfoi�sir�. 0//0/--fa4d /orrd ba�:�-9 ire► Go✓¢/rterrr�n►f Lof 7; ,Soc1`ioir G� Tai.►rrsf�ij� 3/,�oof�� 'Po yy¢ J-7'7 .E'ojr`,• soid rrc>' beirr5r fii'C /2j- ft¢f c►d aC'o.s/ /o a nd Co.�r`i��oti•j to fhe /0•yrd ficrr¢/o fart Garry¢ycap/ >o Gcrsaro/ 1D¢ye1,0,0A rsrrf Coraorcfi�, 01 �iQre irr b a for' cid scrib Qd. 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(hersco e;:v,.► Sau>`/s 7o4d,s'wcs/c diffa�scc c,f•/90,o fe /`o ><he Meors //i cJh Hrof¢r Mara ori ffie /rrd.'orr .Peyer; 11hd'rca Meop4c'=O� Mo•r,- o� fh c -r ' 1 1 _ l.— 1 MOSBYAND ASSOCIATES. INC -Al• �,JOP`� r�' to VCAO .CALM, ruonto^ loose c2-4N y Q 4 City of Sebastian GQ 1225 MAIN STREET Cl SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 PUBLIC NOTICE CITY OF SEBASTMN INDIAN RIVER COU L- V 1' Y SEBASTIAN, FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA, AT A REGULAR MEETING ON THURSDAY, APRIL 3RD, 1997, AT 7:00 P.M., TO CONSIDER APPROVAL OF A SPECIAL USE PERMIT FOR OUTSIDE DINING AND USE OF MARINA BOAT SLIPS FOR TRANSIENT PANG TO INCREASE SEATING FOR A RESTAURANT TO BE LOCATED AT 806 INDIAN RIVER DRIVE, SEBASTIAN, IN THE GMC (GENERAL MARINE COMMERCIAL) ZONING DISTRICT. ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND PRESENT TESTIMONY WITH RESPECT TO THE PROPOSED SPECIAL USE PERMIT. CARL A. FISCHER, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. 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 LEAST 48 HOURS PRIOR TO THE MEETING. PUBLISHED: MARCH 31, 1997 rs op -t T v �C fbl L Community Development Department Special Use Permit Application - Staff Report 1. Project Name: Channel 68 Marina Tiki Bar Restaurant 2. Requested Action: Approve a special use permit for outside dining and the use of 32 boat slips for transient parking to increase restaurant seating from 105 to 201 seats at the Tiki Bar Restaurant. Consideration for walk-in and patrons on bicycles for additional seating. 3. Project Location a. Address: 806 Indian River Drive b. Legal: C. Indian River County Parcel Number: 4. Project Owner: Mr. Richard Fey Channel 68 Marina, Inc. 1623 N. US Highway No. 1 Suite A5 Sebastian, FL 32958 5. Project Agent: 6. Project Engineer: 7. Project Attorney: 8. Project Description a. Narrative of proposed action: A site plan for the Channel 68 Marina was approved in October, 1990 for 55 boat slips and a restaurant with 42 seats. The parking required was 33 spaces, with 34 provided. The site plan for the Tiki Bar Restaurant was approved on July 21, 1994. The Planning and Zoning Commission approved the site plan with the following conditions: 1. Stamp & sealed engineering calculations for storm water runoff. 1 2. At the time of building permit, flood proofing of the building or a change in elevation of the finished floor to provide for the flood zone. 3. Floor layout indicating seating for bar and restaurant which shall not exceed 84 seats. 4. Applicant to indicate 10 slips to be utilized for boat parking for the restaurant use. 5. This approval is not for fuel tanks until such time a conditional use permit is granted. 6. Handicap parking stalls shall met F. D.O.T. requirements. 7. Parking lot lighting provided. 8. Modify parking dimension and compact stalls. 9. Site plan overall dimension of the building, not the architectural plans as provided. 10. Screening of the dumpster area and screening of mechanical equipment after the equipment has been installed. 11. The applicant agrees to remove or cap (to H.R.S. specifications) the existing fuel line running out of construction, prior to C/O. That approval was for 42 slips in the marina and a 84 seat restaurant. The parking required for the site was 42 spaces and 42 spaces were provided. No credit was given for the 10 boat slip parking for restaurant use. On October 3, 1996, the applicant received a conditional use permit for the use of fuel storage tanks to serve the marina. On October 16, 1996, the applicant received a special use permit to locate a single family residence above the restaurant. The site plan was modified to show two spaces for the residence. On October 17, 1996, the Planning and Zoning Commission approved with conditions, a major modification to the site plan. The conditions are: 1. The proposed residential special use permit shall receive approval by the City of Sebastian City Council. 2. No more than 50% of the total length of the dock adjacent to the building can be connected to the building or provide access into the building. At least 50% of the dock must be a minimum of three (3) feet from the primary structure. The dock around the K primary structure shall include handrails along the water's edge and the openings between the dock and the primary structure. 3. The handicapped access shall be modified to meet all code requirements. 4. The LP tank, 4000 gallon portable fuel tank and the two 6000 gallon underground fuel tanks shall be approved by the Indian River County Fire Department and Indian River County Health Department. 5. The sign shall not hinder the operation of the swale as designed. 6. Provide a copy of the St. Johns River Water Management District permit and stormwater maintenance program. 7. Tire stops be installed in all parking spaces. No Left Turn and Do Not Enter signs for one way traffic. 8. Parking area - paved or paver bricks. Written approval from SJRWMD for gravel in the parking stalls. The site plan approval was for 15 boat slips and 105 seats in the restaurant. There was no increase in parking. During the discussion on the consideration of the application for the major site plan modification, the use of the dock for restaurant seating was debated. The Planning and Zoning Commission determined that if the applicant wants outdoor seating, that it should be handled as a special use permit. The staff has discussed this with the City Attorney and she concurs. The applicant has filed this application for approval of a special use permit for outside dining and the use of 32 boat slips for transient parking to increase restaurant seating from 105 to 201 seats at the Tiki Bar Restaurant. Consideration for walk-in and patrons on bicycles for additional seating. b. Current Zoning: C. Adjacent Properties Zoning GMC — general marine commercial Current Land Use North: PS Yacht Club East: Indian River Lagoon South: PS River View Park West: COR residential 3 Future Land Use INS INS COR d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: 9. Comprehensive Plan Consistency 60 acres restaurant under construction Immokalee-Urban land complex none Zone VE (el. 9) - Coastal flood with velocity hazard (wave action); base flood determined. Zone AE (el. 9) - Base flood elevation determined Zone AE (el. 8) - Base flood elevation determined Indian River County Utilities Indian River County Utilities River View Park just to the south and the Yacht Club just to the north Police station approximately 4,500 northwest, fire station approximately 6,000 to the north. a. Future Land Use: consistent b. Traffic Circulation: consistent C. Housing: consistent d. Public Facilities: consistent e. Coastal Management: inconsistent Policv 5-1.2. 10 ): Criteria For Priontizinq Shoreline Uses and Public Shoreline Access. In reviewing applications for shoreline development first priority shall be directed to the following shoreline uses: a. Non-structural shoreline protection uses such as native shoreline revegetation programs, 4 b. Approved water -dependent estuarine shoreline uses such as: pervious accessways and duly permitted dock facilities and commercial marinas. All such facilities shall satisfy all provisions of the City's land development code and obtain requisite permits from all environmental permitting agencies prior to obtaining City approval. Newly proposed marinas shall not be approved unless the applicant demonstrates that the marina site is consistent with the City's conservation and coastal management policies and is economically feasible. Priority shall be directed to water dependent uses which are available for public use. These facilities shall demonstrate during site plan review compliance with performance standards stipulated herein in Policy 5-1.2.1(2) in order to prevent adverse impacts to natural features. Second priority shall be directed toward water -related uses such as: a. Parking facilities for shoreline access, b. Residential structures which comply with the building code for structures within the coastal building zone; and c. Recreational facilities which comply with applicable codes. The City of Sebastian has no beach or dune system, and therefore, shoreline protection policies apply only to the estuarine shoreline. Chapter 9J-5 defines shoreline as the interface of land and water and, as used in the coastal management element requirements, is limited to oceanic and esturine interfaces. The proposed dock is placed in the waters of the Indian River estuary and therefore is located in the "shoreline". Restaurant seating is not listed as a priority use. Water dependent uses are identified. Policv 5-9.2.9(2): lmplementinq Policies for Shoreline Land Uses. Land development regulations shall stipulate provisions implementing shoreline land use priorities, including criteria for regulating water -dependent and water -related shoreline land uses. The regulations shall address the following: a. Protectina► Living► Coastal Marine Life. The City shall continue to enforce land development regulations which protect species with special status from the adverse impacts caused by development. i. All applicants proposing development activifies along the estuarine shoreline or within submerged areas shall be required to submit a site plan pursuant to site plan feview regulations. Such site plan shall provide sufficient information describing marine life potentially impacted by proposed land uses as well as related construction activity. 5 The plan shall stipulate assurances that the proposed project shall not adversely impact marine life or water quality. For in- stance, water quality control techniques such as the use of weirs for purposes of managing turbidity may be required by the City. In addition, the City shall require surveys of existing conditions, specifications of planned site improvements, and techniques to be used during construction as well as in operating and maintaining the land use in order to prevent damage to living marine organisms. b. Water -Related Uses in Coastal Buildinq Zone. All water -related uses shall be built on uplands landward of the preservation zone. Within the coastal building zone ail construction activities shall be predicated on plans compliant with applicable State and local building codes. Dredging and filling of wetlands or open water in order to accommodate water -related uses shall not be permitted unless the City approves such activity pursuant to provisions of the wetland protection ordinance, the stormwater management ordinance, and all other relevant site plan review criteria. C. Estuarine Shoreline Structures/Water-Dependent Uses. Within the wetland estuarine shoreline, no development other than water dependent native shoreline revegetation programs, approved pervious or elevated accessways, and other uses approved by the City pursuant to the Stormwater Management and Flood Protection Ordinance shall be permitted. Hardening of the lagoon shoreline shall not be permitted unless the upland property is critically imperiled and the use of vegetation has failed to stabilize the shoreline. The design specifications of any shoreline hardening structure shall: Comply with best management principles and practices and be accomplished by use of the least environmentally damaging methods and designs possible; ii. Avoid a vertical slope which generates erosive tendencies, especially to adjacent unprotected shoreline properties. Pervious interlocking file systems, filter mats, and similar stabilization methods shall be used in lieu of vertical wails whenever feasible, N. Not be located waterward of the mean high waterline except when it is shown to be in the public interest; iv. First be approved by other public agencies having Jurisdiction; and D V. Incorporate a program of shoreline vegetation or revegetation in order to build, enhance, and stabilize a natural shoreline. d. Land Use Restrictions in Submerged Lands and Wetlands. No nonwater dependent uses shall be permitted on submerged lands or wetlands. Development on uplands adjacent to wetlands shall preserve a buffer within wetland transition areas as defined in the Stormwater Management and Flood Protection Ordinance. Similarly, no structures which constrict water circulation in the lagoon shall be permitted. e. Dock Facilities. Docks or marina improvements shall not be approved by the City until the applicant demonstrates compliance with all applicable federal and State laws and administrative rules, including §160.20.04(5), F.A.C., goveming Aquatic Preserves as well as applicable policies of regional agencies. No commercial marina facilities shall be permitted on the Sebastian River. The City shall require site plans for all docks and marinas. These plans must demonstrate to the City's satisfaction that the facilities shall not adversely impact natural marine resources, including, but not limited to, seagrasses, estuarine waters, manatees and other living marine organisms. The plans shall indicate: i. Location relative to all impacted natural marine resources. ii. Structural specifications. N. Description of ali impacted natural marine resources, including their location and physical characteristics. iv. Multi -slip dock or marina facilities shall be located so as to prevent or minimize dredging and shall not disturb seagrass beds or adjacent wetlands. V. Availability and location of sewage pump -out facilities. vi. Hurricane contingency plans. vii. Mitigation techniques proposed to compensate for any potential environmental disruption. f. Estuarine Water Quality. In order to protect the water quality of the Aquatic Preserve, no new point source pollution shall be permitted to discharge into the lagoon or into ditches or canals flowing into the lagoon. In addition, in order to reduce non point source pollutants and comply with the Hutchinson island Planning and Resource Management Plan, the City shall require the following: 7 i. Surface water management systems shall be designed and constructed to retain or detain with filtration, as a minimum, the stommwater run-off generated from the first one inch of rainfall over the entire site. The stormwater design shall be predicated on the following: Off-site: 25 -year, 24 hour design storm On-site: 10 year, 24 hour design storm. il. A vegetated and functional littoral zone shall be established as part of the surface water management system of lakes occurring on ai! property. Prior to construction of the surface water management system for any phase of a project, the developer shall prepare a design and management plan for the wetlandlittoral zone that will be developed as part of these systems. The plan should: (a) Include typical cross sections of the surface water management system showing the average water elevation and the -3 foot contour (.e., below average elevation); (b) Specify how vegetation is to be established within this zone, including the extent, method, type and timing of any planting to be provided; and (c) Provide a description of any management procedures to be followed in order to assure the continued viability and health of the littoral zone. The littoral zone as established should consist entirely of native vegetation and should be maintained permanently as part of the water management system. As a minimum, 10 square feet of vegetated littoral zone per linear foot of lake shoreline should be established as part of the surface water management plan. N. The City shall coordinate with the St. Johns Water Management District in developing and adopting an ordinance regulating installation of underground storage tanks for petroleum products. iv. The City shall coordinate with the St. Johns Water Management District in reviewing issues and appropriate enforcement activities surrounding safe yield for water withdrawals from the surficial and intermediate aquifers near the Indian River Lagoon in order to avoid impacts on the estuary. M. g. Shoreline Access. Shoreline access to the Indian River Lagoon shall be promoted in order to maintain accessways at approximately one- half mile intervals along the shoreline. State assistance shall be enlisted to achieve land required to appropriately store vehicles, provide rest room facilities, and accessways designed in a manner compatible with the shoreline ecosystem. The City has no beaches and, therefore, beach access policies of the State are not applicable. However, the City shall enforce applicable public access requirements of the Coastal Protection Act of 9985 and shall analyze altemadve means for increasing parking facilities for waterfront activities along the shoreline as part of the waterfront development study identified in Policy 9-2.4 of the land use element. h. Siqnaqe alonq the Indian River Laqoon. At the time land development regulations are amended in order to comply with the adopted comprehensive plans, the City shall consider restricting commercial signage along the Indian River, to only those signs deemed essential for water dependent facilities. The City shall coordinate with jurisdictional agencies to develop uniform signage and criteria to further this policy. This policy describes what the land development regulations should require. The code has not been amended to implement these requirements. This policy does provide guidance as to what uses should be allowed in the estuary. Subsection d clearly states that no non -water dependent uses should be permitted on submerged lands or wetlands. A portion of the dock is located on submerged lands and restaurant use is not a water dependent use. f. Conservation: consistent g. Recreation and Open Space: consistent 10. Is the granting of the special use permit detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which ,the property is located? The goal of the Coastal Zone Management Element is to restrict development activities that would damage or destroy coastal resources and protect human life and limit public expenditures in areas subject to destruction by natural disasters. The policies of that element are intended to meet that goal. The proposed use is inconsistent with the policies of the coastal management element and, therefore, the granting of the special use permit is detrimental to the public safety, health or welfare and is injurious to other properties or improvements within the immediate vicinity in which the property is located. w 11. Is the use requested consistent with the purpose and intent of the respective zoning district, and can it be demonstrated to be similar in nature and compatible with the uses allowed in the zoning district? Restaurant use is consistent with the purpose and intent of the GMC zoning district. However, the use of boat slips to meet the parking requirement or to consider walk-in or patrons on bicycles for additional seating is not provided for in the land development code. Therefore, the requested use is not consistent with the purpose and intent of the respective zoning district nor can it be demonstrated to be similar in nature and compatible with the uses allowed in the zoning district. 12: Additional considerations: none 13. Other Matters: none 14. Analysis: The original design of the restaurant included a deck around the building. As long as the deck was at grade it is not considered a "structure" and can be located within the setback. As soon as a deck is elevated it becomes a "structure" and can not be located within the setbacks. Sec. 20A-5.2. B. provides that docks and other permitted waterfront accessory structures are not considered yard encroachments. The side and rear yard setback for the GMC zoning district is 15 feet. A deck could be considered a platform accessory to the primary use. The deck allows for uses typically found within the primary structure to occur outside the primary structure. The deck therefore is attached and its use is related to the primary structure. A dock provides the property access to water. The use of the dock is not related to nor is part of the primary structure. The use must be water oriented or to provide access to the water. In the modified site plan, the staff considered the structure around the restaurant to be a dock. This is emphasized by the fact that the eastern portion of the dock extends over the water and is tied to the marina. The dock is only to provide access to the water, allowing someone to stand and fish, bird watch, look at the boats in the marina and to walk to the marina. When the Planning and Zoning Commission approved the site plan, there was no action in support of or contrary to the staffs opinion. It is the staffs opinion that the dock can not be use for restaurant seating. Restaurant seating would make the structure a deck because the use is now oriented toward the structure and not the water. If the deck is at grade it may encroach into the setbacks. If the deck is elevated, it becomes a structure and must comply with the setback requirements. In order to be considered a dock, the facility should not be attached to the primary structure. In order to achieve that no more than 50% of the total length 10 of the dock adjacent to the building can be connected to the building or provide access into the building. At Ieast 50% of the dock must be a minimum of three (3) feet from the primary structure. The Planning and Zoning Commission approval in 1996 included such a condition. As to the request for using boat slips to provide parking for 96 seats. The Land development Code does not provide for such a use. The code does allow for the use of criteria published by the American Planning Association. Their report "Off -Street Parking Requirements" does not provide for such a use. The applicant has not provided any information justifying such a use. The 1994 approval included 10 slips for restaurant access. The parking calculations in the 1994 approval did not give any credit or additional seating due to the boat parking. As to the request for consideration of walk-in and patrons on bicycles for additional seating. The Land development Code does not provide for such a use. The code does allow for the use of criteria published by the American Planning Association. Their report "Off -Street Parking Requirements" does not provide for such a use. The applicant has not provided any information justifying such a use. 15. Conclusion: The requested special use permit is inconsistent with the comprehensive plan; the granting of the special use permit is detrimental to the public safety, health or welfare and injurious to other properties or improvements within the immediate vicinity in which the property is located; and the use requested is inconsistent with the purpose and intent of the respective zoning district, and is not similar in nature nor compatible with the uses allowed in the zoning district. The requested special use permit is inconsistent with the Land Development Code. 16. Recommendation: : The staff recommends that the Planning and Zoning Commission find that the requested outdoor restaurant seating, use of boat slips for parking and the consideration of walk-in or patrons on bicycles at the Tiki Bar Restaurant is detrimental to the public safety, health or welfare and is injurious to other properties or improvements within the immediate vicinity and that the proposed use is not consistent with the purpose and intent of the general marine commercial zoning district and the use is not similar in nature and compatible with uses allowed in such a district. It is recommended that the Planning and Zoning Commission recommend to the City Council that the council find that the requested outdoor restaurant seating, use of boat slips for parking and the consideration of walk-in or patrons on bicycles at the Tiki Bar Restaurant is detrimental to the public safety, health or welfare an is injurious to other properties or improvements within the immediate vicinity and that the proposed use is not consistent with the purpose and intent of the general marine commercial zoning district and the use is not similar in nature and compatible with uses allowed in such a district. 11 It is further recommended that the Planning and Zoning Commission recommend denial of the request for a special use permit for outdoor restaurant seating, use of boat slips for parking and the consideration of walk-in or patrons on bicycles at the Tiki Bar Restaurant to the City Council PREPA�ED BY 12 31 � 1� I `i � DATE r -f PLA1NI ING AiND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 3. 1997 Chinn. Fischer asked if the engineer of record is checking these site plan modifications as they are submitted_ and Mr. Massarelli noted that he has a letter from Mr. Mosby with his statement on the threshold for drainage. etc.. MOTION by Jahns/Mather I make a motion that we approve a major modification cc the site plan for Skydive Sebastian. the work as indicated on Mosby & Associates drawing titled 1997 Site Improvements with the job number of 97-216. date scamp April 3. 1997. Roll call was taken. Mr. Johns - Yes Chinn. Fischer - Yes Mr. Schulke -Yes Mr. Munsarc - Yes The vote was 7 - 0. Motion carried. Ms. Kilkelly - Yes Mr. Mather - Yes Ms. Vesia - Yes RECOMMENDATION TO CITY COUNCIL - SPECIAL USE PERMIT - OUTSIDE DINING & USE OF BOAT SLIPS FOR TRAi`ISIENT PAMNG - 806 INDIAN RIVER DRIVE - R. FEY Mr. Bruce Cooper of Bruce Cooper Consulting was present representing the applicant. Mr. Massarelli noted that there were site plan modifications after he had prepared his sraff report and suggested that the applicant's representative give his presentation, then this Commission can proceed ahead. Mr. Cooper presented copies of a letter, to all members, for consideration. He is requesting to withdraw the parking request to increase the seats to allow the boat slips and walk-in traffic. He also noted that Mr. Fey has a site beyond 500' that could be used for valet parking, and with considerations being undertaken in the Riverfrom District this is an issue that could come into play here since parking is a key issue in this area They wish to keep the searing plan at 105. The nest issue Mr. Cooper discussed was the deck and he gave an explanation of the history of this deck/dock. Because of the required elevation of the building, and the approved sliding doors on the building, the desk must also be elevated. He also referred to the required building setbacks and requested that the deckidock be considered a deck from here on, which would not extend over the water. and therefor would not require a special use permit. He also noted that the present deck design would meet all handicap requirements. This previous explanation results in the deck returning to the original design on the approved site plan. Mr. Massarelli noted that with the changes that the applicant is showing, his staff report is irrelevant, and by keeping the deck in the uplands, and being permitted in the setback. the use is irrelevant. On the other hand. if the deck is not allowed in the setback it could only be constructed as a dock. and then the question of what the use can be comes up. His recommendation is to go all PLANNING AND ZONING CONMUSSION MINL7ES OF REGULAR iNttu i uIG OF APRIL 33. 1997 forward with a special use permit to allow them to have outside seating on the dock. He referred to Sec. 20A-5.7 and noted that the whole section should be looked at. He noted that the staff is recommending that this is considered a dock to allow it to be in the encroachment; to allow the facility to be built as the applicant desires. but since a dock is to be water oriented, and not restaurant oriented, then we deal with a special use permit. There was flirther discussion on this issue and it was determined that the applicant should clean up the drawings and return to the next Planning and Zoning meeting, and this special use application would be continued at the ae,-cc meeting on April 17, 1997. Mr. Cooper also mentioned ten (10) boat slips, and noted that he does not want this to be a condition as there is nothing in the code that requires boat slips. Mr. 'ivfassarelli asked if the Commission needs anything from staff. and he noted that he will rewrite the staff report based on the new information, and will ask the City Attorney for her opinion of the setback issue. MOTION by Mather/Johns I make a motion to continue the special use permit for outside dining and use of the boat slips for transient parking for 806 Indian River Drive, R. Fey. A voice voice was taken. 7 - 0 motion carried. DISCUSSION - FENCES ON VACANT LOTS - INTERPRETATION OF CODE Mr. M-assarelli noted a copy of a memo to Mr. Frame concerning a fence that was permitted on Indian River Drive. He noted that past policy has been not to issue a fence permit for a vacant lot. It appears that nowhere in the code does it clearly state this fact. He proceeded to explain the process of the above mentioned fence. There was much discussion on this fencing issue and the consensus was to allow vacant lots to be fenced, according to code requirements. RECOMY[ENDATION TO CITY COUNCIL - PROPOSED CHANGES TO LDC PARKING ORDINANCE Mr. iNfassarelli noted 0 -97 -XX does change the Land Development Code-, but 0-96-24 which arnmends the code of ordinances, requires no action by this Commission, but suggested that both of these ordinances need to be looked at together. He discussed many problem areas within the parking ordinance. There was discussion about placing a trailer on a vacant lot while a house is being constructed and Elie sanitary situation. BRUCE COOPER CONSULTING 6565 WHISPERING PINES LANE GRANT, FLORIDA 32949 To: Planning and Zoning Commission From: Bruce Cooper, C.B.O. Bruce Cooper Consulting Date: April 3.) 1997 I have been requested by Mr. Richard Fey to represent him at the Planning and Zoning Commission meeting of April 3,1997. First, Mr. Fey is withdrawing his request regarding the parking until he can provide sufficient documentation that could be utilized and justify this request. Second, Mr. Fey is withdrawing his request to extend the deck/dock over the water of the Indian River. The deck will stop at the property line and over the existing seawall portion that is contain within his upland area. Mr. Fey will still provide handicap access to the marina. As always intended and expressed in previous P & Z meetings for the approval of this project, he does plan to distribute his allowable seating within the building and on the deck. The building permit that is currently being utilized and approved on 8/30/96, had indicated a deck and the permit was issued subject to the building being elevated to the AE 9 foot requirement. The previous site plans was approved with the deck and the requirement to have the structure floodproof or elevated to the flood elevation that is required by FEMA. Mr. Fey would also like to provide boat slips for use of the restaurant but, not have the slips be required unless their counted towards seating. In support of this deck to be consider a deck and not a dock, please consider the following: => The deck will not extend over the water of the Indian River. =* The City and FEMA required the building to be elevated at AE 9 foot. The permit was issued with the new elevation and the south and eastwalls with sliders. The building permit could not have been issued with sliders unless their was a deck or some other means to prevent someone falling from the elevated floor. The site plan and construction plans indicated a deck as approved by the P&Z. Page 2 => The building height is measured at the grade which is now 9 foot M.S.L.. => Section 20A -3.12E 4 requires all BUILDINGS to meet required setbacks from the property lines. => Section 20A-12.2 defines a building as, " Any structure having a roof supported by columns or walls. => Section 20A-12.2 defines a structure as anything constructed with a permanent location. A deck would be a structure, not a building. => Section 20A-5.2 B allows waterfront structures to encroach into the required yard. Docks and other Dermitted waterfront accessory structures are not considered yard encroachments. Basically, Mr. Fey wishes to proceed with his current approved building plans which allowed a deck not extending over his property line and provide handicap access to the marina. The deck will be utilized by the patrons of this facility and the seating will not exceed the parking requirements. This would be consistent with the previously approved site plans for the Hurricane Harbor and Capt Hiram's. Thank you. I 1 Community Development Department Special Use Permit Application - Staff Report (Revised) 1. Project Name: Channel 68 Marina Tiki Bar Restaurant 2. Requested Action: Approve a special use permit for outside dining. 3. Project Location a. Address: 806 Indian River Drive b. Legal: C. Indian River County Parcel Number: 4. Project Owner: Mr. Richard Fey Channel 68 Marina, Inc. 1623 N. US Highway No. 1 Suite A5 Sebastian, FL 32958 5. Project Agent: 6. Project Engineer: 7. Project Attorney: 8. Project Description a. Narrative of proposed action: A site plan for the Channel 68 Marina was approved in October, 1990 for 55 boat slips and a restaurant with 42 seats. The parking required was 33 spaces, with 34 provided. The site plan for the Tiki Bar Restaurant was approved on July 21, 1994. The Planning and Zoning Commission approved the site plan with the following conditions: 1. Stamped & sealed engineering calculations for storm water runoff. 2. At the time of building permit, flood proofing of the building or a change in elevation of the finished floor to provide for the flood zone. 1 3. Floor layout indicating seating for bar and restaurant which shall not exceed 84 seats. 4. Applicant to indicate 10 slips to be utilized for boat parking for the restaurant use. 5. This approval is not for fuel tanks until such time a conditional use permit is granted. 6. Handicap parking stalls shall met F.D.O.T. requirements. 7. Parking lot lighting provided. 8. Modify parking dimension and compact stalls. 9. Site plan overall dimension of the building, not the architectural plans as provided. 10. Screening of the dumpster area and screening of mechanical equipment after the equipment has been installed. 11. The applicant agrees to remove or cap (to H.R.S. specifications) the existing fuel line running out of construction, prior to CIO. That approval was for 42 slips in the marina and a 84 seat restaurant. The parking required for the site was 42 spaces and 42 spaces were provided. No credit was given for the 10 boat slip parking for restaurant use. On October 3, 1996, the applicant received a conditional use permit for the use of fuel storage tanks to serve the marina. On October 16, 1996, the applicant received a special use permit to locate a single family residence above the restaurant. The site plan was modified to show two spaces for the residence. On October 17, 1996, the Planning and Zoning Commission approved with conditions, a major modification to the site plan. The conditions are: 1. The proposed residential special use permit shall receive approval by the City of Sebastian City Council. 2. No more than 50% of the total length of the dock adjacent to the building can be connected to the building or provide access into the building. At least 50% of the dock must be a minimum of three (3) feet from the primary structure. The dock around the primary structure shall include handrails along the water's edge and the openings between the dock and the primary structure. 2 3. The handicapped access shall be modified to meet all code requirements. 4. The LP tank, 4000 gallon portable fuel tank and the two 6000 gallon underground fuel tanks shall be approved by the Indian River County Fire Department and Indian River County Health Department. 5. The sign shall not hinder the operation of the swale as designed. 6. Provide a copy of the St. Johns River Water Management District permit and stormwater maintenance program. 7. Tire stops be installed in all parking spaces. No Left Turn and Do Not Enter signs for one way traffic. 8. Parking area - paved or paver bricks. Written approval from SJRWMD for gravel in the parking stalls. The site plan approval was for 15 boat slips and 105 seats in the restaurant. There was no increase in parking. During the discussion on the consideration of the application for the major site plan modification, the use of the dock for restaurant seating was debated. The Planning and Zoning Commission determined that if the applicant wants outdoor seating, that it should be handled as a special use permit. The staff has discussed this with the City Attorney and she concurs. The applicant has filed this application for approval of a special use permit for outside dining and the use of 32 boat slips for transient parking to increase restaurant seating from 105 to 201 seats at the Tiki Bar Restaurant. The applicant has also requested consideration for walk-in and patrons on bicycles for additional seating. At the April 3, 1997 Planning and Zoning Commission meeting the applicant withdrew the request for the use of 32 boat slips for transient parking to increase restaurant seating from 105 to 201 seats at the Tiki Bar Restaurant and for consideration for walk-in and patrons on bicycles for additional seating. In addition, the applicant agreed to locating the structure upland out of the water. At that meeting the applicant raised the issue relating to how this matter should be processed. It was the applicant's position that the structure around the building was approved in the original site plan and it is the Flood Insurance Program requirement that requires the structure to be elevated. Therefore, the structure is a deck allowable in the setback. The restaurant seating on such a structure is therefore allowed and does not need a special use permit. 3 9. The staff position and that taken by the Planning and Zoning Commission in the past is that a dock is allowed in the setback, but not a deck. (20A -5.2.B.). The use of the dock is for water dependent uses. A restaurant is a water enhanced use but is not a water dependent use. Therefore, the only way to allow restaurant seating on the dock is by a special use permit. b. Current Zoning: GMC — general marine commercial C. Adjacent Properties Zoninq North: PS East: South: PS West: COR Current Land Use Yacht Club Indian River Lagoon River View Park residential d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency 4 .60 acres Future Land Use INS INS COR restaurant under construction Immokaiee-Urban land complex none Zone VE (el. 9) - Coastal flood with velocity hazard (wave action); base flood determined. Zone AE (el. 9) - Base flood elevation determined Zone AE (el. 8) - Base flood elevation determined Indian River County Utilities Indian River County Utilities River View Park just to the south and the Yacht Club just to the north Police station approximately 4,500 northwest, fire station approximately 6,000 to the north. a. Future Land Use: consistent b. Traffic Circulation: consistent C. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 10. Is the granting of the special use permit detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located? The granting of the special use permit is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity in which the property is located. 11. Is the use requested consistent with the purpose and intent of the respective zoning district, and can it be demonstrated to be similar in nature and compatible with the uses allowed in the zoning district? Restaurant use is consistent with the purpose and intent of the GMC zoning district. Therefore, the requested use is consistent with the purpose and intent of the GMC zoning district and it is demonstrated to be similar in nature and compatible with the uses allowed in the zoning district. 12: Additional considerations: While the staff was processing this staff report, Sembler's Marina came in with the elevation and floor plans as required by the approval of the site plan. My first reaction to the floor plan was that this is a restaurant use over the water and is inconsistent with the comprehensive plan. In researching the history of . the Sembler's Marina project I found an Indemnification Agreement Between the City and Sembler manna Partners, Ltd. Dated June 12,1991. Apparently a question was raised as to whether the construction of the proposed restaurant on and over the Indian River on pilings was inconsistent with the City's adopted Comprehensive Plan. In the agreement the city determined that the proposed restaurant is a part of the Project (the approved site plan), is accessory to the water -dependent use marina, and is consistent with the City's Comprehensive Plan. 13. Other Matters: none 5 14. Analysis: The first issue to be addressed is "Is the structure a deck and the use of the deck irrelevant or is the structure a dock and all uses of the dock should be water dependent or approved by special use permit?" The answer to this question determines the need for a special use permit. The Land Development Code requires "Every part of a required yard shall be open from its lowest point to the sky unobstructed ..." (Sec. 20A-5.2.). The code defines the yard as an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein (Section20A- 12.2.). Both sections of the code clearly state that the yard is unobstructed. Since the restaurant is built to the building setback, the remaining area to the east and south of the building is the yard and no structures are allowed. The code provides for some exceptions such as roof overhangs, play equipment, flag poles, chimneys, and bay windows (Sec. 20A-5.2.). In the past this section of the code was interpreted that a deck, sidewalk, driveway, or similar structure built at grade was therefore allowed within the required yard. Once a structure such as a deck is raised above the grade, the structure obstructed the space from the grade to the sky, and therefore is not allowed in the required yard. Docks or other permitted waterfront accessory structures are not considered yard encroachments (Sec. 20A -5.2.B.). The original design of the restaurant included a deck constructed at grade around the building. As long as the deck was at grade it is not considered a "structure" and could be located within the setback. The file also contains a drawing of the restaurant seating. All seating is shown to be indoors. Due to the Flood Insurance Program requirements the restaurant building was raised approximately 3 feet above the grade. The applicant indicated to the staff at that time that he wished to raised the deck to be the same level as the restaurant. We indicated that the deck would then be a structure and would violate the setback requirements. The fact that the applicant had provided a drawing showing all of the restaurant seating inside and that the access to the restaurant can be made through a front door and not necessarily by the deck, makes the deck an accessory use to the principal structure. In order to achieve the use of the property and the building the deck does not need to be raised. It is a desire of the applicant, not a requirement of the use. In an attempt to accommodate the applicants desires, I suggested that the structure become a dock with the use directed to the water. The dock is only to provide access to the water, allowing someone to stand and fish, bird watch, look at the boats in the marina and to walk to the marina. I clearly indicated that restaurant use was not a water oriented use. In order to be considered a dock, it was determined that the facility should not be attached to the primary structure. In order to achieve that, no more than C. 50% of the total length of the dock adjacent to the building could be connected to the building or provide access into the building. At least 50% of the dock must be a minimum of three (3) feet from the primary structure. This concept was presented to the Planning and Zoning Commission when the site plan was revised (10117196 meeting). The Commission agreed and indicated that if the applicant wanted to use the dock for restaurant seating that he would be required to get a special use permit. The site pian the Planning and Zoning Commission approved included such conditions that the dock be separated from the restaurant. If the structure is considered a deck, it violates the code as a yard encroachment. It could not be permitted to be constructed let alone to be used for restaurant seating. If the structure is considered a dock, it is a permitted structure, but the use is limited to water oriented activities. The restaurant seating could be allowed as a special use. The second question is "Does the requested special use meet the requirements of the code" The answer is that the requested use is consistent with the comprehensive plan and the code of ordinances. In order to be consistent with the Land Development Code, the use shall be conducted in conformance with the site plan approved 10/17/96 by the Planning and Zoning Commission. 15. Conclusion: The requested special use permit is consistent with the comprehensive plan; the granting of the special use permit is not detrimental to the public safety, health or welfare nor injurious to other properties or improvements within the immediate vicinity in which the property is located; and the use requested is consistent with the purpose and intent of the respective zoning district, and is similar in nature and compatible with the uses allowed in the zoning district. The requested special use permit is consistent with the Land Development Code. 16. Recommendation: The staff recommends that the Planning and Zoning Commission find that the requested outdoor restaurant seating is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity and that the proposed use is consistent with the purpose and intent of the general marine commercial zoning district and the use is similar in nature and compatible with uses allowed in such a district. It is recommended that the Planning and Zoning Commission recommend to the City Council that the council find that the requested outdoor restaurant seating is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity and that the proposed use is consistent with the purpose and intent of the general marine commercial zoning district and the use is similar in nature and compatible with uses allowed in such a district. 7 It is further recommended that the Planning and Zoning Commission recommend approval of the request for a special use permit for outdoor restaurant seating to the City Council with the following conditions: 1. That the restaurant seating, indoors and outdoors, is limited to 105 seats. 2. All restaurant service shall be seated, i.e. no service to patrons standing in the restaurant or on the dock. 3. This special use permit does not allow other non water dependent uses such as bands, dancing, arcade games, etc. 4. All of the requirements of the site plan approved by the Planning and Zoning Commission on 10/17/96 shall be complied with. PREPRED BY 0 �--1 it -,,- 15 � DATE CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 17, 1997 Chinn. Fischer called the meeting to order at 7:03 P.M. ROLL CALL: PRESENT: Mr. Munsart Mr. Driver Ms. Kilkelly Mr. Johns Mr. Mather Chinn. Fischer Mr. Pliska Ms. Vesia EXCUSED ABSENCE: Mr. Schulke ALSO PRESENT: Robert Massarelh, Community Development Director Tracy Hass, Planner II Jan King, Zoning Technician Valerie Settles, City Attorney Ann Brack, Recording Secretary ANNOUNCEMENTS: Chinn. Fischer announced a Council meeting 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. Chmn. Fischer welcomed Mr. Puska back. He also noted that Larry Driver will be voting in place of Mr. Schulke. APPROVAL OF MINUTES: (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 pennit. 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 with i iNG OF APRIL 17, 1997 He noted that early in the discussions with the applicant, it was determined to be a dock for water oriented uses. To utilize this structure for dining, the Planning and Zoning Commission determined that it could be handled under a Special Use Permit. He explained that previously'he recommended denial because it 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: I . The restaurant seating, indoor and outdoor, is limited to 105 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 dependent uses such as bands, dancing, arcade games, etc. 4. That all of the requirements of the site plan approved by the Planning and Zoning Commission on October 17, 1996 shall be complied with. Mr. Massarelli made reference to some site plan modifications provided by Mr. Bruce 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. If 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 dependent. He continued with explanations about water related uses. Mr. Pliska commented on the parking spaces and the seating capacity. Mr. Massarelli explained the calculations of parking versus seating, and Mr. Bruce 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 tried to declare a point of order. City Attorney, Valerie Settles, noted that only a Conunission member may declare a point of order. Bruce 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 MINUTES OF REGULAR MEETING OF APRIL 17, 1997 Mr. Cooper proceeded to give his presentation in reference to the subject of the deck/dock at Mr. 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 the 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 Hurricane 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 he did not agree that this permit was necessary. Ms. Kilkelly interrupted Mr. Cooper's presentation and noted that the applicant's representative appears to be 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 meeting 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 elevation of the dock would not be permitted by the City because it was then 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 recommendation that they consider it as a quasi-judicial matter. 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 questions". Please act on those conditions if you feel 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, dancing, etc., are non -water related uses, and this is a dock facility that is water -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 confusion that has been developing on this project, that it should be made clear that we are only approving outside dining and not other uses. MOTION by Johns/Mather Mr. Johns made a motion that "we 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 call was taken. Mr. Mather - Yes Mr. Pliska - Yes Mr. Driver - Yes Mr. Johns - Yes The vote was 7 - 0. Motion carried. NEW BUSINESS: Chmn. Fischer -Yes Ms. Vesia - Yes Mr. Munsart - Yes ACCESSORY STRUCTURE REVIEW-- SECTION 20A-5.7.1)- 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 residence, in finish and in color. The applicant agreed to paint the shed along with the house after the pool installation is finished. 4 7 7 179 C) c v 2 - o v 2-0 - C:UCC � i - 3, -- C.' 0 v zu r - 39- X00 10 - l 9--7 6( -3 r - :39 - 0C)cCc -. LL(o - LCcce. ,} r f (`'G; - 2 3 I ' - G CCOO -- CSG 7 0 -- Go cc 7 44 -71 PARCEL, = 06-31i3 )0000,0060"UO007.0 IN A t% (E CITY OF SEBASTIAN, LEGAI, ADDRI Po BOX 780127 PART OF GOV LOTS 6 & 7 E OF STATE RD 5: ADDR! MORE PART DESC AS FOLL: FR NE COR BL R3 EDGEWATER PARK SUB PBI 1-23, RUN N 72 CITY SEBASTIAN ST. FL ------------------------------------------------------------------------------ E 0 1. TAXES 70-64 T/C 2 DR EXENI ii� L 9 18 - G.,27 *** - ------------------------------------- ~ ------------------------ ------ -------- SALES 1===\ SALE CD 01 BOOK U0595 PAGE 02305 DATE 05 1977 PRICE 100 SALE CD BOOK DATE PRICE --------------------------------------------- ------ ~ ----------------------- -.VALUES, LAND 108690 BLDG 35900 HISC ASSESSED 144590 --------------------------------------------------------------------------- LAND ACRES .72 FRNTAGE -00 DEPTH .00 TYPE I ------------ ~ ---------------------------------- ~ ------------- I- miP FUSE 8900 STYLE COMM* 1165 ADJ 9 - 86 - YRB . LT --- UO /,5° Next Actiori---..- ------------------------- ~~ --------------- ------ ~ ------------- ~ -------- P=Prev Parc N=Next Parc E=Exit imenu: <Ctrl R -Shift> pcANYWHER . E Ont in . e INDIAN RIVER COUNTY PROPERTY APPRAISER— .. .... SUM?,lARY SCREEN ------------------------------------------------------------------------------------ It 44 --- - - - - - - - - - - - - - - - - - -- - - - Z - - - - - - - - - - - - - - - - - -- 10PARCEL 4 063139 000.'()' 060;,00006 ..G NAME ---zkt1W166AJUR6 G LEC ALADDR1 PART OF GOV LOT 6 BEING A SUB MED PAR AS ADDR2 FOLL; FROM SW C'OR OF SWI/4 OF SE.1/4 RUN ADDR3 E ALONG SEC LINE 1377.44 FT TO CITY LOU UM2LZ,9_ T 1� Y. ----------------------------------------------------------------------- ------ TAXES 87.78 T/C 2 DR EXEM. --htP---4t-2-6-6 -------------------- --------- ~ ------------ ~ ------------ ~ ------------- SALES I===*.* - SALE CD 02 BOOK 0000 2===** - 11 SALE CD 01 BOOK 00956 PAGE 01875 DATE 12 1992 PRICE 100 ------------------ ~__~ ------------- ~ ------ ------ ~ ------ ~ ------ VA1,1JES .3430 BLDG MISC ASSESSED 3430 ----------------------------------------- ~ ----------------------------------- LAND ACRES ..24—FRNTAGE .00 DEPTH -00 TYPE I --------------------- ~ ------------ ~ ---------- ~ --------------------- ~--~ -------- 11*11 P Plisr., L 0 0 STYLE BASE ADJ I YRBLT -Next Actio ------------------------------------------------------------------------------ P=Prev Parc"*"*=*ii�;.x—i-P'a—r"c---'E=t.—xit iIenu: -.'Ctri R -Shift> pcANYWHERE Online ---------- INDIAN RIVER COUNTY PROPERTY APPRAISER 6/15/94 �Lj tJBu D A &_ . ........ SUMMARY SCREEN. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- 7 a 'K A i e, DEC, c ff L. 3 Z-0.3 Lf Ll jj.?AR.CEL 06131139'P002#020�0010.. 0 NAME HEEN,QRGER A & VERNA E LEGAL ADDRI 729 CLEVELAND ST EDGEWATER PARK SUB PBI 1-23 ADDR2 --LOTS 10 & 11 BLK 2 ADDR3 CITY SEBASTIAN ST. FL ----------------------------------------------- ----------------------- ------ TAXES 1064-27 T/C 2 Did,._.,. E.XEM.__HX_ — _ZIP 3295 ' 8 ___ ------------------------------------------------------------------------------ SALES 1==='% I- SALE CD 01 BOOK 00732 PAGE 01219 DATE 04 1986 PRICE 100 2===> SALE CD 01 BOOK 00582..PAGE _00833 DATE .02 .19.7.9__.P13ICE._._. 100 I ---------------------------------------------------- ~ ---------- VALUES LAND 27910 BLDG 35340 MISC 1120 ASSESSED 64370 _77 -------------------- ~ ----------------- ------------- ---------- LAND ACRES .25 FRNTAGE 100.00 DEPTH 110-00 TYPE I -------------------------------- ---------- ~ ----------- IMP PUSS 0100 STYLE RES _nyc E 1,.3G0_ YRBLT 79»._ a Next Aq_Uon---> --------------------------------------- ---------------------------------- P=Prev Para N=Next Para E=Exit Menu: <Ctrl R -Shift> ._'...__pcANYWHERE Online INDIAN RIVER COUNTY PROPERTY APPRAISER 6/15/94 SUMMARY SCREEN ---------------------------------------------------------------- 5 L, 71 PARCEL 063133'sUU{) -' ()20 {} 8.0 I NAME _? j.E h IN LEGA G ADDR1. EDGEWATER PARE: SUB PBI 1-23 ADDR2 LOTS 8 & 9 BLK ADDR3 TAXES 816.05 T/C 2 DR EXEM. ________________.._______—_— ZIP 32958 ________________---------------------------------- _.-•SAI�FS ] - __ SALE CD 01 BQc}K 00581 PAGE 00853 DATE 02 1979 PRICE 100 _= ='. SALE CD BOOK PAGE DATE PRICE _ __ ----------- _---------- VALUES LAND 31880 _--------------- BLDG � ..�-� _-------- -�� IISC -------- _______..______-________-_____ ASSESSED ---------- _--- ________ ---------------- . LAND ACRES .29 _ FRNTAGE ------------ _ 100.00. _.....DEPTH ___ 125....00..._.TYPE.. S.. VIP PLSE 1000 STYLE BASE ADJ YRBLT I� Next Action---> __________________________-_______________________________________________ P -Prete Pare N=ye.xt Parc ErExit Menu: : Ctrl R -Shift "> pcANYWHERE Online INDIAN RIMER COUNTY PROPERTY APPRAISER 6/15/94 -� SUMMARY SCREEN n1 e - zosq � t YNR 1 c, V-. Q 5 C, V � 1 ____________________________._____...___.___..___________________________.. TkPARCEL 06 1' _ 0(�2 0020t�0022.0. NAME - t�CC`��.�-�GC�' LEGAL � � EDGEWATER PARK SUB PBI 1123 L{QTS 22 & 23 ADDR2 Br.l; 2 ADDR3 --____________________________________________________________________________ TAXES 1021.21 T/C 2 DR EXEM. ?QIP 40206 -------------------------------------- ____-_____ ..__ ... _......._.. -. _......._ ._. _._ . _ ... ... . SALES .1==-' SALE CD 02 BOOK 00970 PAGE 01506 DATE 04 1993 PRICE 350000 2== SALE CD BOOK WAGE DATE PRICE -------------------------------- _______----- _----------------- ------------------- VALUES LAND 31880 BLDG -- � MISC -- 2840 ASSESSED 34720 ------------------------------------------------------- ____..__________________ LAND ACRES .29 FRNTAGE 100 ..Q.0 -------------- _----------------- _------------------------------------- ________ IMP FUSE 0700 STYLE BASE ADJ YRBLT 0 0) Next Action --- > _________________________________-------- _____________________---- _------- _____ P=Prey Parc N=Next ~P�rc ~ E=Exit Mems: < Ctrl R-Sh.i1~t> PcANYWHERE Online INDIAN RIVER COUNTY PROPERTY APPRAISER 6/15I94T �- SUMMARY SCREEN r ..__. --------------------------------------------- _-_---_------____ 3 z 0.-3 `/' :=PARCEL Ir 9631.39(J0U20 )02000012.0 NAM,E ri cisP MG1 x LEVEL ADDRl ._EDGEWATER PARK SUB PBI 1123 LOTS 12.,. 13 _._ A -DDR? & 14 BLK 2 ADDR3 CITY 1' QDJ-S_t1T1,r-E ST. KY ----------------------------------- ------------------.�_-_--.�___.�_.�__--�_-. _._ ....'AYES 1840-39 TIC 2 DR . .... EYEM,.._.._......._.. _ .. _.. .._ ZIP 40206 --------------- _------------------- _------------------- _--_-_--__-_-__-_--_-_- _SALES 1=--` SALE CD 02 BOOK 00970 PAGE 01506_DATE __.04 1993 PRICE 350000 2===> SALE CD BOOK PAGE DATE PRICE ----------------------------------------- ---------•----_------------------ VALUES LAND 44630 BLDG 2416U MISC 900 ASSESSED 69690 --------------- ________----------------------------- _--------_--_-_----_-_---- LAND ACRES .40 FRNTAGE 150.00 DEPTH 116.60 TYPE S ------------ ------------- ~------------------- ---------- _------ _-_------------- IMP PUSE 01W) STYLE RES BASE 1374 ADJ 2122 YRBLT 40 co � Next Action----'' -- --__-------------------------�-__--_--_----------------------t-------- P=Prey Parc N=Next Pal:c _E_ =Exit :Menu: <Ctri R -Shift; _. -- _ ..___� - pcANYWHEREyOnline INDIAN RIVER COUNTY PROPERTYAPPRAISER SUMMARY . �..,._.....___..__. Ci ct z- c' 1 7 6/15/94____._ .. -.5 z 0,3 t 7 ':7 OPARCEL zr 06304--P0020100500*0005 0 NAME CITY OF SEBASTIAN, LEGAL ADDR1 1225 MAIN.. ST EDGEWATER PARK SUB PBI 1-23 LOTS 5 To ADDR2 14 INC & 19 TO 1-3 INC BLK 5 ADDR3 CITY SEBASTIAN ST. FL ------------------------------------------------------------------------------ TAXES .00 T/C 2 DR EXEM. WHOL ZIP 32958 -------------------------------- SALES I===,. SALE CD 01 BOOK 00916'*PAGE -01067-DATE*'-11**1991 PRICE 742500 ')===N SALE CD BOOK PAGE DATE PRICE ------------------------------------- ------------------------------------- VALUES LAND 324680 BLDG misc ASSESSED 324680 ------------------------------------------------------------------------------ LAND ACRES 2.20 FRNTAGE ..00- PEPTH.. .00 TYPE --------------------------------------------------- ------ ~ ------ ------------ I-.NIP POSE 8900 STYLE BASE ADJ YRBLT A F _____________________________ dam _— ��~ j _ °os'�s` -----Next-- -- ------------- Action—., P=Prev Parc N=Next.Parc E=Exit Menu: R-Shift*N pcANYWHERE Online INDIAN RIVER COUNTY PROPERTY APPRAISER 6/15/94 SUMMARY SCREEN - - - - - - - - - - - - - - - - - - - : - - - - - - - rj;l PARCEL # 0613 A39'.00000 06#0008.0 --.--C-ITY OF SEBASTIAN, LEGAL I ADDR1 PO BOX 780127 PART OF GOV LOTS 6 & 7 E OF FRES US HWY ADDR2 S OF N LINE OF BLK 1, EDGEWATER PARK SU-ADDR3 AS PBI 1, PP 23 & N OF S LINE OF BLK 5 CITY SEBASTIAN ST. I.;*L ------------------------------------------------ ~ --------- -------------- 'rAXES .00 TIC_' 2 DR EXEM. WHOL ZIP 32978-0127 ---------- ~ --------------------- ~ ----------- ~ ----------------------------- SALES 1===> SALE CD 02 BOOK .00559 PAGE,.026.59.,-9AT.E—:L!—J,277 PRICE - 1===> -- -.-. . SALE CD BOOK PAGE DATE PRICE ----------------------------- --------------- ~-~ --------- ------ VALUES LAND 46650 BLDG .. MISC --ASSESSED... 46650, -~ ---------------- ~--~ ------------------ ~ ---------- ~ --------- ~ ---------------- LAND ACRES .42 FRNTAGE .00 DEPTH .00' TYPE I - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - 7- IMP FUSE 8900 STYLE BASE AD J YRBLT Next Ac -tion--- ___________________ DAVID C. NOLTE Menta: <Ctrl R -Shift) pcANYWHERE Online INDIAN RIVER COUNTY. PROPERTY., APPRAISER--__ SUMMARY SCREEN 44 - - - - - - - - - - - - - - - - - - ----_-i--__r-_.-_. PAR CEL #r 06.3139 0000 07U`00004.0 .NAIL'_ CI T)( _QF SC -- B65 LEGAL ADDR1 PO BOX 780127 PART OF GOV 1,0T 7 BEING A SUB RGED PAR ADDR.2 .......AS FOLL FROM SW COR OF SW1/4 OF SE144 ....... ..ADDR3...__,' RUN E ALONG SEC LINE 1377.44 FT TO CITY SEBASTIAN ST. ET., ------------------------------------------------ ~ ----------- ~ ----------------- -TAXES .00 T/C 2 DR EXEM. P 32928=0:1.17 ----------------- ~ --------------- ~ -------- ~ --------------- ~~ ------- ~ ---------- SALES 1===> SALE CD 02 BOOK 00559 PAGE 02659 DATE 11 1977 PRICE 100 2===/' SALE CID BOOK PAGE, DATE PRICE ...... ----------- ---------------------- ~~ ---------------- ~ --------------- VALUES LAND 260 BLDG MISC ASSESSED 260 ---------- ~ -------- ------------ -_________________-____r-___-______--__- LAND ---------------------~------------- LAND ACRES 1.51 s FRNTAqE .00 DEPTH .00 TYPE A ___________________1'4Z: J nT=S!3%e_4t ---------------------------------------- ~ ------- IMP PUSS 8900 -01STYLE BASE rja Next Action ---> ------------------------------------------------------------------------------ P=Prev Parc N=Next Parc E=Exit Menu: <Ctrl R -Shift? ___pq,�LjYyHERE..Online INDIAN RIVER COUNTY PROPERTY APPRAISER 6/15/94 SUMMARY SCREEN ------------------------------------------------------------------------------ 4 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting, to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7, 1997 at 7:00 p.m in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit to allow outside dining at a water -front restaurant to be located at 806 Indian River Drive in the General Marine Commercial (GMC) zoning district. All records are available for review in the office of the City Clerk, City Hall, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. All interested parties may appear at the hearing and present testimony with respect to the proposed special use permit. By: Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F. S.) In compliance with the Americans With Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 589-5330 at least 48 hours in advance of the meeting. Publish: Press Journal - Legal Notices Wednesday, April 3 0, 1997 Tec6lve lbe also.vao tees kjot at, 1110 Id *Ing ssty return this eAfa lee)'. ddtesseS S Nddtess Chet we can N D V10181 SerAoe" iotm so ted t)ev jot dd Adlor to nes Adl VkeSVIC �©r tee - a d 4b. reverse ot % it SI)ace does 2. 0 ®tewems 3 4a 0% onvle Te t%ebal- ovastetOC oton% items Id Wddress tolenum .,suit 9 SOc%e Col 1p'Ant tot name a tot,,ol ttiebe%deliveredv'and Itle da1cWd you- to It's tna:Olece bei Attach %JS iotm ads On %t%e .0019 was t%e 4S. t FlOquest OOM 1 RGOp, JhOvj 10 0,11 98':AetumV��ekps VIP Ge��ed C as ;fie Return insured deVIveted.• ccd fl. �rdd�rGsed 101- C3 Redlsteted COD --3- ess MON tc;blandlseoxooatwllllllillillilllllllllllllllill�illlll�11111111�� !0 00 *.-& .--Ia 4) M -WT v kalu clu6sted if .3 DOL (on if ess dt t. fee is p9"Ol nt t °tName)rd BT5. lecevOmeb eor A.A. 9 IIIIIIIIIIIIIIIIIIII,IlljlllllllI VA-000, c Xet 994 Dee 0 s Mai -Itsk- SL did P S ups .10 es vlos VNI-cf- tits 0% • .Vol. b 'T --� Ip Code USI've'D aLnd. addtess, C _ ai SE I also wish to receive the :O ■ Complete items 1 and/or 2 for additional services. rn ■ Complete items 3, 4a, and 4b. following services (for an m ■ Print your name and address on the reverse of this form so that we can return this extra fee card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address ai d permit. ■Write'Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery rn ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. a c 3. Article Addressed to: 4a. Article Number d a q (fiOT g- 1 1 ce 4b. ervlType d c V ❑ Registered Certified °C fnc to �� ZYp 5 ET- ❑Express Mail El Insured N oWC ❑ Return Receipt for Merchandise ❑ COD aA 7-Ff S &t0a ,H, / 5oZ 7. Date of Delivery 0 '- c p 5. Received By: (Print Name) 8. Addressee's Address (Only if requested LU ,— and fee is paid) t Cr — 5 61 f- N — Pa i Receipt . t*lox Mess Fars F LPi��s P rd ZAP O%ff opt - cam, oma' City of Sebastian 1225 MAIN STREET SEBASTIAN, FLORIDA 32� --869,L� �L. 0 k O FO :?TEn Op FMpR�N�^t� cqOn� P 426 604 884 "•�=2.52=� 6877808 joeu SpFc,A-L- usr- IT3 K,N(�S Fe2) D� c44�-E ssaippe uinlaj ayl to 14D!a a41 of adojanua )o do; Sano auil lE p o�l m SENDER: v_ •Complete items 1 and/or2 or additional services. I also wish to receive the q .Complete items 3,4a, and 4b. following services (for an O a Prim your name and address on the reverse of this toren so that we can return this extra fee): card to you. •Attach this form to the front of the mallpisce, or on the back if space does not u 1. ❑ Addressee's Address Z y permit r•Wrile-Refurn Receipt Requested' on the mailpiece below the article number. y p. ❑ Restricted Delivery N 'The Return Receipt will show to whom the article was delivered delivered. and the date «a Consult postmaster for fee. m 3. Article Addressed to: 4a.. Article Number j e7.T i a ��,� n n (SF/Tl'�f}M . e 4b. Service Type ffi E g ❑ Registered certified ¢ $oS ❑ Express Mail ❑ Insured 5 LU cO oC�-mItN PL 3 ;)q...r p' S ❑ Retum Receipt for Merchandise ❑ COD o p t 7. Date of Delivery $ W T S. Received By: (Print Name) B. Addressee's Address (Only ff requested c LU and fee is paid) L F g s. signal T X to PS Form or , December 1994 rn P 42 27t 5G4 8 84 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to .t'>s t✓`n+ G-ZAA {il-� Street & Number Rri P -Q t- plc J c Post Office, State, & ZIP Code ,Sb6A<, SIV F' 5$ Postage $ 3Q_ Certified Fee Special Delivery Fee LO Restricted Delivery Fee Q' Return Receipt Showing rn P 9 to Whom & Date Delivered a Return Receipt Showing to Whom, Q I Date, & Addressee's Address 0 TOTAL Postage & Fees $ M Postmark or Date E 0 LL rL Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). In 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the � return address of the article, date, detach, and retain the receipt, and mail the article. 3. I1 you want a return receipt, write the certified mail number and your name and address rn R on a return receipt card, Form 3811, and attach it to the front of the article by means of the r gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article QI RETURN RECEIPT REQUESTED adjacent to the number. Q t 4. If you want delivery restricted to the addressee, or to an authorized agent of the 0O ` addressee, endorse RESTRICTED DELIVERY on the front of the article. 00 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. LL 6. Save this receipt and present it if you make an inquiry. City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561 ) 589-5537 0 FAX (561 ) 589-2566 CERTIFIED April 22,1997 Mr. Joseph Graham 805 Indian River Drive Sebastian, Florida 32958 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit to allow outside dining at a water -front restaurant to be located at 806 Indian River Drive in the General Marine Commercial (GMC) zoning district All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.) By: Roberti. Massarelli Community Development Director City of Sebastian �Wjs%j to receivealso -a (lot 0,11 ervice VNIS e)dta lee), Address , d SePOW awe can fetum pddtessefd 5 lot 01M so 1. ad Oeflvetl I aa,d[Of Tse bf this Space dnes 001and4b. 900c"reve OLSteftot lee- MpleteltSMS On the bacK Lilt Pos"�p 'd 8SCO letelteo,3address Of' nye V 'nilplece.10 umber. as ,*Got to le theutntette d date %G Oplint you trott Ot t a. -WOO, beIOVj t" aft eaAavj%vasc.avd tO to tha nAIOV delivatedba p4ach this Jotm d- 01 t" Receipt FlOqqest'o Wt%OM %tie 4S. .F;Oturn A10'. VAII Shov, to vkelun, CeVVITNed �, .Ge-�ypa ated..Se's ' 7 JS ess to.. 4b• ke4jsteted Insured ro- t 13 V . Malt I coo 00 3. wo�!w EXP for r5 k lot e -Dpe—,c 0 ReturnI xc� yc -7. Date requested 1 ass rIY I S U) FL.- e uv fee is P i pont Nam) .................... .. . ece ce ( e e t ) dr sseor Ag ro. 0 Mb 4 �Pft10 AR ps 'Fo P 426' 6f14 855 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to o c u W A if 1 Street & Rumber 7a. C NICkANO aT?_C-,1F'7 Post Office, State, & ZIP Code Postage $ 3 a Certified Fee 1 z Special Delivery Fee Restricted Delivery Fee N IRetum Receipt Showin to rn P j Whom &Date Delivered I© a Retum Receipt Showing to Whom, Q Date, & Addressee's Address 0 TOTAL Postage & Fees $ a CO Postmark or Date 0 LL d Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the m return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address rn on a return receipt card, Form 3811, and attach it to the front of the article by means of the r gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. G 4. If you want delivery restricted to the addressee, or to an authorized agent of the OY G addressee, endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present it if you make an inquiry. d -e -14 City of Sebastian 1225 MAIN STREET G SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 CERTIFIED April 22,1997 Orger & Verna Heen 729 Cleveland Street Sebastian, Florida 32958 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit to allow outside dining at a water -front restaurant to be located at 806 Indian River Drive in the General Marine Commercial (GMC) zoning district. All records are available for review in the office of Community Development, Building Department, 125 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian AfAJIM SENDER: ■ Complete items 1 and/or 2 for additional services. ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■Write'Return Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: P -3 -A0 �s4 5. Received By: (Print Name) 6. Signature- (Addressee or Agent) PS Form 3811, December 1994 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number P IQ& 60y H3 4b. Service Type ❑ Registered Certified ❑ Express Mail ❑ Insured ❑ Return Recce andise ❑ COD 7. Date o - B. f requested Domestic Return Receipt UNITED STATES POSTAL SERVICE I T --First-Class-Mal -'I-,\ Postage & Fees Pa4 %PM -USPS -Permit No. GL -JR CJ A r • Print your nari'le.., a"ad ZIP Codti-In this-b0-x- ,d-- ss MY OF I= MR W -Q- nmm?k �� J� �l S, ctlivi( aa"" - P 42604 883 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to S(-f Z L- -F. .i7t-V 6NN 5 c-" reef & Number P©.cizS�W Post Office, State, & ZIP C e FL 3:ao icy Postage $ Certified Fee I Special Delivery Fee Restricted Delivery Fee L m Return Receipt Showing to r Whom & Date Delivered, n Return Receipt Stowing 6*hon Q Date, & Addressee's Address 0 I TOTAL Postage & Fees $ CO ostmark or Date E o` u_ U) Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service z window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the 2 return address of the article, date, detach, and retain the receipt, and mail the article. LO 3. If you want a return receipt, write the certified mail number and your name and address M on a return receipt card. Form 3811, and attach it to the front of the article by means of the — gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. io 6. Save this receipt and present it if you make an inquiry. d v CERTIFIED April 22,1997 Hazel T. Stevenson P.O. Box 6008 City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 Fernandina Beach, Florida 32034 Dear Property Owner: Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, May 7,1997 at 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an application for a special use permit to allow outside dining at a water -front restaurant to be located at 806 Indian River Drive in the General Marine Commercial (GMC) zoning district. All records are available for review in the office of Community Development, Building Department, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. .Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.) By: Robert J. Massarelli Community Development Director City of Sebastian -t , V4 April 10, 1997 Dear Commission Member: I understand that Mr. Fey and his partners are now requesting approval to place tables and chairs on a deck to be located on the same level as the existing floor of his restaurant and bar they have under construction on Indian River Drive. - What was to be a small Tiki bar has evolved into a much larger operation, including a full scale restaurant and bar, a 25 -slip marina, and a large apartment for the applicant and,.his family or manager. As a property owner and resident of Indian River Drive, I encourage reasonable development, but this request should be denied.. The parking provided (42 spaces) is what was approved,- but in the practical sense, is totally insufficient. It is my understanding that the deck that Mr. Fey is requesting chairs and tables for was originally to be on the ground level as a portion of the dock and a means to access the docking slips in front of the restaurant. When he requested that the deck be elevated to the same level as the main floor of the restaurant, it was my understanding that it was approved strictly as an observation and pass-through area to the docks, and not a dining or seating area. Please note the following: 1. The applicant was well aware of the parking requirements when he recently obtained site plan approval. Now, after the fact, they want to change the plan and greatly impact what is already going to create a big problem --parking. 2. Consider a beautiful Saturday afternoon. What amount of parking in the practical sense would be needed? USE # OF SPACES - Apartment above restaurant - 2 spaces - Fifteen boat slips are used by storage customers. Half the boats are in use this day and four of the boats in use are deep sea fishing and the men on board (4 per boat) come in separate cars. 20 spaces - Employees, one for marina, twelve for restaurant and bar. 13 spaces 150 customers in the restaurant, on the deck, and in the bar. Two per car. 75 spaces Reasonable number of spaces needed 110 spaces N -2- In my opinion, they are already 68 spots short in the practical sense and to add to this would be detrimental to all citizens and property owners along Indian River Drive. It will also have an incredible impact on the Yacht Club parking, the CAV property parking, and the waterfront along Indian River Drive directly to the south of Mr. Fey's establish- ment. Again, I reiterate that as a resident and property owner in the City of Sebastian and along Indian River Drive, what he is attempting to do is not by the rules or in the spirit of the rules. We, as taxpayers, should not subsidize and provide our parking for a restaurant's private use. Thank you for your consideration in this matter. t 11 Allen French BRUCE COOPER, CONSULTING 6566 WHISPERING PINES LANE GRANT, FLORIDA 32949 CITY OF SEBASTIAN, FLORIDA PLANNING AND ZONING BOARD/LPA DATE: APRIL 16,1997 REF: SPECIAL USE PERMIT IT HAS JUST COME TO MY ATTENTION THAT YOU HAVE A REQUEST TO APPROVE BUILDING ELEVATIONS AND FLOOR PLANS FOR SEMBLER'S MARINA. THIS APPROVAL IS FOR A PREVIOUSLY APPROVED SITE PLAIT' WHICH INCLUDED A RAW BAR OVER THE WATER. THIS WAS FOUND TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN. WITH THAT IN MIND, I WOULD RESPECTIVELY REQUEST THAT THE PLANNING AND ZONING BOARD REVIEW THE FOLLOWING: PROPOSAL 1. THE ORIGINAL REQUEST TO HAVE DECKING OVER THE WATER WITH SEATING. THIS WOULD HAVE TO RECEIVE STATE APPROVAL IN ADDITION TO THIS APPROVAL. IF APPROVED AND DUE TO NEAR COMPLETION OF THE PROJECT, MR. FEY PLANS ONLY TO CONSTRUCT THE DECK TO THE SEAWALL AND PROVIDE HANDICAP ACCESS TO THE DOCK (SEE REVISED PLAN, PHASE 1). IF THIS DOES NOT RECEIVE YOUR APPROVAL, MR. FEY WOULD REQUEST THE NEXT PROPOSAL. 2. THE REVISED PLAN FOR PHASE 1 IS CORRECT AND DEPICTS THE HANDICAP ACCESS TO THE DOCK AT GRADE. THE DECK WOULD BE ELEVATED TO THE REQUIRED GRADE ELEVATION OF 9 FEET M.S.L.- THIS DECK UNDER PHASE 1 CONSTRUCTION IS AT THE REAR PROPERTY LINE (BULKHEAD) AND DOES NOT PROJECT OVER THE WATER. THIS DECK WOULD PROVIDE SEATING AS PREVIOUSLY APPROVED WHEN THE SITE PLAN CONTEMPLATED A 6+ ELEVATION AND WATERPROOF THE STRUCTURE OR ELEVATE THE STRUCTURE TO THE REQUIRED FLOOD ELEVATION. PAGE 2 PHASE II IS NOT CORRECT AND I HAVE MARKED OUT THE CORRECT DOCK AREA. THIS PORTION OVER THE WATER WOULD BE AT THE BULKHEAD HEIGHT AND JUST PROVIDE HANDICAP ACCESS TO THE OVERALL DOCK. THIS WOULD THEN ALLOW THE DECK THAT HAS BEEN RECESSED FOR THE GRADE LEVEL ACCESS TO EXTEND TO THE PROPERTY LINE (BULKHEAD). PHASE H WOULD HAVE TO RECEIVE STATE APPROVAL BEFORE CONSTRUCTION. AT THIS TIME, I HAVE NOT SEEN THE STAFF REPORT BUT, I UNDERSTAND THAT THE STAFF IS OF THE OPINION THAT THIS MATTER SHOULD GO BEFORE THE CITY COUNCIL AS A SPECIAL USE PERMIT. MR. FEY DOES NOT OBJECT TO THIS PROCESS FOR PROPOSAL I. MR. FEY WOULD REQUEST THAT YOU APPROVE AT LEAST PROPOSAL II AS A SITE PLAIN MODIFICATION AND MAKE A RECOMMENDATION TO THE CITY COUNCIL ON PROPOSAL I. PLEASE KEEP IN MIND THE PERTINENT CODE SECTIONS THAT I SUBMITTED AT YOUR LAST MEETING REGARDING THE CITY REQUIRING THE ELEVATION TO BE AT 9 FEET M.S.L. AND APPROVING THE BUILDING PERMIT AND THE BUILDING IS 80 PERCENT COMPLETE. THIS PERMIT AND APPROVED PLANS HAVE SLIDING GLASS DOORS ALONG THE EAST AND SOUTH WALLS. THIS WOULD NOT HAVE BEEN APPROVED UNLESS A DECK WAS AT THE SAME ELEVATION. THE BUILDING DEPARTMENT DID APPROVE THIS PERMIT IN COMPLIANCE WITH THE APPROVED SITE PLAN (AT THE TI.ME OF ISSUANCE OF THE BUILDING PERMIT). THIS SITE PLAN HAS A DECK AT THE SAME ELEVATION OF THE FINISH FLOOR OF THE BUILDING. PHASE II IS JUST A MINOR MODIFICATION TO INSURE HANDICAP ACCESS TO THE MARINA. IN ADDITION, THIS WOULD BE CONSISTENT TO OTHER DECKS THAT ARE ELEVATED ABOVE THE UPLAND GRADE AND ARE IN THE SETBACKS. A COMMERCIAL PROJECT THAT COMES TO MIND IS THE DECK ADDITION FOR HURRICANE HARBOR. I BELIEVE YOU WILL FIND THAT THIS DECK WAS ELEVATED AND CONSIDER NOT AN ENCROACHMENT DUE TO FLOOD ZONE. PAGE 3 . 94 THE INTENT OF THE FLOOD ZONE IS TO ELEVATE THE MALIN STRUCTURE AND IF POSSIBLE, AINTY RELATED ACCESSORY STRUCTURES. THE CITY SHOULD NOT PENALIZE THE PROPERTY OWNER AND CONSIDER THE FLOOD ZONE TO BE THE GRADE ELEVATION REGARDLESS IF THEIR IS FILL TO RAISE THE ACTUAL GROUND. THIS WOULD BE CONSISTENT WITH YOUR CURRENT DETERMINATION TO MEASURE THE BUILDING HEIGHT AT THIS REQUIRED GRADE. THIS APPROVAL WOULD BE CONSISTENT WITH THE PAST DECISIONS OF THE PLANNING BOARD. THANK YOU CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 17, 1997 Chmn. Fischer called the meeting to order at 7:03 P.M. ROLL CALL: PRESENT: Mr. Munsart Mr. Driver Ms. Kilkelly Mr. Johns Mr. Mather Chmn. Fischer Mr. Pliska Ms. Vesia EXCUSED ABSENCE: Mr. Schulke ALSO PRESENT: Robert Massarelh, Community Development Director Tracy Hass, Planner 11 Jan King, Zoning Technician Valerie Settles, City Attorney Ann Brack, Recording Secretary Dr._n_ DRAFT Chmn. Fischer announced a Council meeting 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. Chmn. Fischer welcomed Mr. Pliska back. He also noted that Larry Driver will be voting in place of Mr. Schulke. APPROVAL OF MINUTES: (April 3, 1997) MOTION by Mather/Johns I make a motion that we approve the minutes of April 1. 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 CONINUSSION MINUTES OF REGULAR I'vi r-. r-1 iu*4G OF APRIL 17, 1997 He noted that early in the discussions with the applicant, it was determined to be a dock for water oriented uses. To utilize this structure for dining, the Planning and Zoning Commission determined that it could be handled under a Special Use Permit. He explained that previously, he recornmended denial because it 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. andthat eliminated the staff objection. The staff now recommends approval of the Special Use Permit, and that the Committee recornmend 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 105 seats. 2. All restaurant service shall be seated, i.e. no service to patrons standing in the restaurant or on the dock. I That the special use permit does not allow other non -water dependent uses such as bands, dancing, arcade games, etc. 4. That all of the requirements of the site plan approved by the Planning and Zoning Commission on October 17, 1996 shall be complied with. Mr. Massarelli made reference to some site plan modifications provided by Mr. Bruce 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. If 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 dependent He continued with explanations about water related uses. Mr. Pliska commented on the parking spaces and the seating capacity. Mr. Massarelli explained the calculations of parking versus seating, and Mr. Bruce 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 tried to declare a point of order. City Attorney, Valerie Settles, noted that only a Commission member may declare a point of order. Bruce 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. 17 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 17, 1997 Mr. Cooper proceeded to give his presentation in reference to the subject of the deck/dock at Mr. 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 the 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 Hurricane 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 he did not agree that this permit was necessary. Ms. Kilkelly interrupted Mr. Cooper's presentation and noted that the applicant's representative appears to be 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 meeting 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 elevation of the dock would not be permitted by the City because it was then 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. ,Q r PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 17, 1997 Ms. Settles recommended this issue be sent to City Council with recommendation that they consider it as a quasi-judicial matter. 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 questions". Please act on those conditions if you feel 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, dancing, etc., are non -water related uses, and this is a dock facility that is water -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 confusion that has been developing on this project, that it should be made clear that we are only approving outside dining and not other uses. MOTION by Johns/Mather Mr. Johns made a motion that "we 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 call was taken. Mr. Mather - Yes Mr. Pliska - Yes Mr. Driver - Yes Mr. Johns - Yes The vote was 7 - 0. Motion carried. NEW BUSINESS: Chmn. Fischer -Yes Ms. Vesia - Yes Mr. Munsart - Yes ACCESSORY STRUCTURE REVIEW - SECTION 20A-5.7.1)- 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 residence, in finish and in color. The applicant agreed to paint the shed along with the house after the pool installation is finished. 4 y �0 917 PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, the City Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a Quasi. JudicialPublic Hearing on Wednesday, May 7, 1997 at 7:00 p.m., in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting o resolution regording an application for a special use permit to allow outside dining ata water- front restaurant to be located at 806 Indian River Drive in the Gen. mot Marine Commercial (GMC) zoning district. All records are available for review in the office of the City Clerk, City Hall, 1225 Main Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. All interested parties may appear at the hearing and present testi- mony with respect to the proposed special use permit. By: Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian Any person who may wish to appeal any decision which may be made by the City Council of this hearing will need to ensure that a verbalim record of the proceedings is made which record Includes the testimony and evidence upon which the appeal will be based. (286.0105 F. S.) In compliance with the Americans With Disabilities Act (ADA), any- one who needs a special accom. modation For this meeting should contact the City's ADA Coordina- tor at 589-5330 at least 48 hours in advance of the meeting. April 30, 1997 1078027r PRESS -JOURNAL PUBLIC HEARING NOTICE Published Daily CITY OF SEBASTIAN INDIAN RIVER COUNTY Vero Beach, Indian River County, Florida FLORIDA ty Pursuant to Section 20A-2.6 of the Land Development Code of the COUNTY OF INDIAN RIVER: STATE OF FLORIDA City of Sebastian, the City Council of the City of Sebastian, Indian Before the undersigned authority personally appeared Darryl K. Hicks who on Rhmr County, will hold a Special oath says that he is President of the PressJoumal, a daily newspaper published at Vero Beach Meeting to conduct o Quasi - In Indian River County, Florida; that the attached copy of advertisement, being Judicial Public Hearing on Wednesday, May 7, 1997 at 7:00 'c /I ,, �/ / /��J�, p p.m., in the City Council Chambers, t-�t�-I—'lac-V / \FSI I c l.J City Hall, 1225 Main Street, Sebastian, Florida, to consider I Irn ^rA l `� , / adopting a resolution ialuse a an in the matter of J l� i / application for o special use permit s to allow outride dining of o water- front _ I � � .` �I ^ ^ KohC,p Indian R to be located at 7-I'�4s / ILJ11 / l _/ B061ndian River Drive in the Gen-', era) Marine Commercial (GMC) zoning district. All records are in the Court, was pub- ovailoble for review in the office of the City Clerk, City Hall, 1225 /�^r i 1 �p� I qq -7 Main Street, Sebastian, Florida, lished in said newspaper in the issues D'' fel ��L%i `I / Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. All interested parties may appear at the hearing and present testi. many with respect to the proposed Affiant further says that the said Press -Journal is a newspaper published at Vero Beach, in special use permit. said Indian River County, Florida, and that the said newspaper has heretofore been By: IM. O'Halloran, continuous) published in said Indian River County,Florida, each dailyand has been entered as CMC/AAE second class mail matter at the post office in Vero Beach, in said Inian River County, Florida, City of Se PO tY. City of Sebastian for a period of one year next preceding the first publication of the attached copy of Any person who may wish to advertisement; and affiant further says that he has neither paid nor promised any person, firm appeal any decision which may be or corporation any discount, rebate, commission or refund for the purpose of securing this made by the City Council of this advertisement for publication in said newspaper. hearing will need to ensure that a verbatim record of the proceedings NisNINrLL,,,N�., is made which record includes the Sworf;stll ��Ctaga;t.., before me this day Of i I . T C testimony and evidence upon which ,..• . (/ the appeal will be based. `i' NO Tq �j.?. 3 '/ J� in cam 05 F. 5.) + yi� Ar•. �--e� d6 F��S, In compliance with the Americans = S MY CoF-ly)ry �: ( BSident) With Disabilities Act (ADA), any - "T"' OCT' Min' 1997 one who needs a special accom- N�1•Ne• CC31100� !•_ SHEILA M. TUTTLE, NOTARY PUBLIC modation for this meeting should • p state of Bones, my wmmsasaoa ozp. au, 1/977 contact the City's ADA Coordina. %P(/ Cr tar of 589-5330 at least 48 hours (S % 9�L,:�Q, Commission Number: CC311063 �`��'••• in advgnce of the meeting. 'st, �F FLS April 30, 1997 1078027, 'w......, Hill. Notary: SEMIKILA M- TUTT IK VJ/ V 1/ 01 11t,V J.1 , VV C:lA JV.L bN1 V 1 rN V AAca A.a%A., V{v.&4%&%, V.A�Iy LVA♦ LA.W 01tri Icno of 0" HAMMIM, Q 1t ANX A CA.ZM W i 3tt, MICHAEL O'HAIRE JEROME D. QUINN RICHARD S. CANDLER GREGG M. CASALINO May 6, 1997 City Council City of Sebastian, Florida Re: Richard Fey/Channel 68 Marina Honorable Council Members: 3111 CARDINAL DRIVE VERO BEACH, FLORIDA 329e3 R. O. Box 4375 VERO BEACH, FLORIDA 32964 (561) 231-8800 FACSIMILE TRANSMISSIONS: 12611 231- 9729 This firm has been retained by Mr. Fey in reference to the above property. He has asked me to furnish you with, a letter explaining why his property should not require a conditional special -use permit in order to allow dining on the outside deck area. The Sebastian. Planning and Zoning Commission has recommended that a special -use permit with certain new conditions be issued to Mr. Fey, based on the rationale that the deck, because it is elevated, should instead be classified as a dock. Mr. Fey's original site plan included the exterior deck. The site pian was approved and a building permit was issued, subject to a requirement by the City and FEMA that the building be floodproofed or raised in order to meet flood zone requirements. Mr. Fey has always intended to utilize the deck for seating at his restaurant. Either he or his representative, Bruce Cooper, has expressed this on numerous occasions before the Plaruling and Zoning Commission. In addition, the site plan, construction plans, and permit classified the structure as a deck. Further evidence in support of treating the structure as deck includes: The deck will not at any point extend over water. In order to comply with the City and FEMA, the building was raised, The South and East walls contain sliding glass doors, and the deck therefore had to be raised in order to, prevent someone from falling when exiting the building onto the deck. Section 20A -3.12E 4 of the Sebastian Land Development Code requires all buildings to meet required setbacks from the property lines. Buildings are defined in the Code at Section 20A-12.2 as "Any structure having a roof supported by columns or walls. Because Mr. Fey's deck does not meet the definition of a building, it is not subject to the Code's setback requirements. VtJ' VI' V8 'ILL 1! .VU 1':].1 VV.L A. IJ J. OI A.,;# V r v,+ - .r .... rr . r..,.,. City Council City of Sebastian, Florida May 6, 1997 Page 2 * The Sebastian Land Development Code dunes a structure as anything constructed with a permanent location. A deck meets this definition. As such and pursuant to Section 20A -5.2(B), a waterfront structure such as Mr. Fey's deck is permitted to encroach into the required yard. Here, the deck will extend to Mr. Fey's property line. It is also important to point out that this type of restaurant site plan has been previously approved by the Planning and Zoning Commission for Hurricane Harbor. Mr. Fey relied on the Planning and Zoning Commission's approval of the site plan and issuance of a building permit designating the exterior area as a deck which would be used for exterior dining without a special -use permit or any of the accompanying conditions the Commission now recommends. Specifically, he has expended in excess of $250,000.00 for engineering, construction drawings, and actual construction. He has also made long term lease commitments. The prospective tenant required that the lease, which has been executed, contain specific representations regarding seating capacity and dining in the building and on the deck. It is therefore our position that Mr. Fey has acquired vested rights and that the City is equitably estopped from classifying the deck as a dock and requiring Mr. Fey to obtain a special -use permit subject to the conditions the Commission recommends. In the case of Hollywood Beach Hotel Vin: v.: (r`ty Qf Hollvwg2d, 329 So.2d 10 (Fla. 1976), the Florida Supreme Court held that a municipality was precluded from exercising its zoning power due to the doctrine of equitable estoppel where a property owner in good faith, upon some act or omission of the government, has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right he acquired. Mr. Fey has met all of the standards set forth in Hollywood Beach Hotel. He has acted in good faith based on the City's actions of approving his site plan and issuing a building permit. He has been diligent in communicating with and receiving the approval of the Planning and Zoning Con unission. He has complied with the elevation requirements and all other original conditions. He has retained Bruce Cooper as a consultant to assist him with the approval process. He has proceeded with construction and entered into a lease agreement based on exterior seating without a special -use permit which includes any new conditions. Mr. Fey's expenditures of time and money were incurred subsequent to his purchase �J-JI VI JI !rLL 1f . LV 1 L.1 VV1 -.4 .•� .....r•r......, -�, City Council City of Sebastian, Florida May 6, 1997 Page 3 of the property. This is important to note, in that the Fourth District Court of Appeals, the court with appellate jurisdiction over Sebastian, has held that the mere purchase of property does not give a party vested rights. Walker v. Indian River County, 319 So.2d 596 (Fla. 4th DCA 1975). In conclusion, it is our position that Mr. Fey has acquired vested rights to have the exterior structure treated as a deck rather than a dock, precluding the necessity of a special - use permit with new conditions. Y hope that this letter will assist you in understanding Mr. Fey's legal position and will support the actions taken by the City to simply grant a site plan modification or special -use permit without any restrictions regarding the use of the deck/dock by patrons of the restaurant or by limiting the normal acessory uses of a restaurant/lounge, such as entertainment. Of course, such uses would still have to comply with the performance standards of the Code. If you have further questions or concerns, please feel free to contact myself or Bruce Cooper. Very truly yours, err' GREGG M. CASAUNOt ESQ. GMC/pd cc: Richard Fey Bruce Cooper I. 2. City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, MAY 7, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. 3. ROLL CALL Citv Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Special City Council Meeting May 7, 1997 Page Two I Mayor Barnes asked that two items be added to the agenda, the first being a proclamation for RN Recognition Day. MOTION by Sullivan/Cartwright I would move to add that proclamation to the agenda. (3A) ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 The City Manager requested addition of an item to release an easement to accommodate a property owner for a closing. MOTION by Taracka/Cartwright I make a motion to add Resolution R-97-32 to the agenda. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 Mayor Barnes read and presented a proclamation to Inez Fielding, Florida Nurses Association. 2 Special City Council Meeting May 7, 1997 Page Three 4. QUASI-JUDICIAL PUBLIC HEARING(S), FINAL ADOPTION 97.118 A. Conduct Public Hearing on Application for Special Use Permit for a Proposed Libertino Daycare Center - Tract E. Block 485. South Wimbrow Drive in Residential Single Familv District (RS -10)- Consider Adoption of Resolution No. R-97-23 - Deferred from 4/16197 (Director of Communitv Development Transmittal 4/10/97. R-97-23. Staff Report. Application. Location Map. Sec. 20A-6.1.0.3. LDC) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A DAYCARE CENTER IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE RS- 10 ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. CARMINE C. LIBERTINO AND MS. JUDITH M. ORDONEZ FOR A DAYCARE CENTER LOCATED ON SOUTH WIIVIBROW DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:08 p.m., and the City Attorney read Resolution No. R-97-23 by title. The applicant waived swearing in of any parties. The Director of Community Development gave the staff report (see attached); explained that the reason this is before City Council is that one of the conditions of conditional uses, which this type of application would ordinarily fall under, is that daycare centers are to be located on major collectors. He said the comprehensive land use plan does not identify Wimbrow Drive as a major collector which is based on the Indian River County system. He said staff is working on comprehensive plan amendments which would establish "local collectors". He reiterated staff report and recommended approval with conditions as outlined in the report. Mrs. Sullivan expressed concern for the conflict between the Land Development Code and Comprehensive Land Use Plan and the use of special use permits. Carmine Libertino, 6167 Island Harbor Road, Sebastian, distributed a sketch of the facility, and said there was a need for childcare in Sebastian. 3 Special City Council Meeting May 7, 1997 Page Four Proponents who sooke were: Frank Cooper, 534 Balboa Street, Sebastian Onponent5 who spoke were: Dennis O'Hara, Georgia Boulevard, Sebastian Sal Neglia, 461 Georgia Boulevard, Sebastian Dean and Linda Nephew, 365 Georgia Boulevard, Sebastian Thomas Huber, 325 Georgia Boulevard, Sebastian Gary Kaczinski, 433 Arbor Street, Sebastian Mayor Barnes closed the public information period. The Director of Community Development said daycare centers, by the Land Development Code, are limited to residential districts and COR and could not be placed in general commercial districts. He said the issue tonight is to determine if the use on the property is proper and that if determined to be so, site plan will be addressed at a later time. He said it was his understanding that sewer lines are available on CR 512 and that the site will be required to connect; that a traffic impact study could not be required because there will be less than 1000 trips per day generated; and said he was not aware of any civic zoning designation and that this property was in RS -10 zoning. TAPE I - SIDE II (7:48 p.m.) Mrs. Sullivan pointed out that the Comprehensive plan designates only CR 512 and CR 505 as major collectors, and in a conflict, shall prevail. Mayor Barnes expressed concern for increased traffic. Mr. Taracka expressed concern regarding using special use permits and inconsistencies with the comprehensive plan. Mr. Paul cautioned about concerns relative to increased traffic and urged others to work with businesses. Mrs. Cartwright said the comprehensive plan merely defines collector streets, the City is .working to alleviate conflicts between the Land Development Code and Comprehensive plan and asked that the location of other daycare centers in the City be considered. The City Attorney reminded City Council that quasi-judicial matter must be based on substantial competent evidence presented. 4 Special City Council Meeting May 7, 1997 Page Five MOTION by Cartwright/Paul I move to approve Resolution R-97-23. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - nay Mr. Barnes - nay Mr. Taracka - nay Mrs. Cartwright - aye MOTION FAMED 2-3 (Sullivan, Barnes, Taracka - nay) MOTION by Sullivan/Taracka I would like to move denial of the special use permit for the proposed Libertino Daycare Center on South Wimbrow Drive in a residential single family district, RS -10, since a childcare facility located within RS -10 district, its states `shall be located on a major collectof street or larger' as designated in the City's adopted thoroughfare map and that in the comp plan only CR505 and CR512 are identified as major collectors and that when there is a conflict with the comprehensive plan as there is in this case, the comprehensive plan shall prevail. The City Attorney advised that the reason the special use permit was applied for was that the site was not on a major collector, therefore, Council will have to find that the use will be detrimental to the health, safety or welfare or be injurious to other parties and state why. Mrs. Sullivan then added "that it is injurious to the health, safety and welfare of the neighborhood because it is not on a major collector." The City Attorney said the application cannot be denied based on the fact that it is not located on a major collector because that is the reason they are asking for the special use permit and advised that a specific finding of fact be made as to why it is detrimental. Mrs. Sullivan added "because of the additional traffic this type of development would generate, and because the many small children in the neighborhood." E Special City Council Meeting May 7, 1997 Page Six Mayor Barnes suggested a substitute motion "the requested daycare center on South Wimbrow is detrimental to the public safety since the additional traffic will negatively impact traffic in the neighborhood based upon substantial competent evidence provided at the hearing". Mrs. Sullivan agreed to use Mayor Barnes' motion. Mrs. Cartwright said, for the record, "that childcare centers are presently used in the City of Sebastian in similar locations, and I disagree that we've heard competent testimony otherwise to disallow this use." Mr. Paul said he did not see any competent evidence that the daycare should be denied and expressed concern for limiting business in the City. ROLL CALL: Mrs. Sullivan - aye Mrs. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay MOTION CARRIED 3-2 (Cartwright, Paul - nay) Mayor Barnes called recess at 8:22 p.m. and reconvened the meeting at 8:35 p.m. All members were present. T Special City Council Meeting May 7, 1997 Page Seven 97.130 B. Conduct Public Hearine on Application for Special Use Permit to Allow Outside Dining at a Waterfront Restaurant at 806 Indian River Drive in GMC General Marine Commercial.) Zoning District - Consider Adoption of Resolution No, R-97-27 (Director of Community Development Transmittal 5/1/97. R-97-27. Staff Report. Application. Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING OUTDOOR RESTAURANT SEATING ON A DOCK IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL COMMERCIAL MARINE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RICHARD FEY FOR OUTDOOR RESTAURANT SEATING ON A DOCK AT 806 INDIAN RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:36 p.m., and the City Attorney read Resolution No. R-97-27 by title. The City Clerk swore in all those who intended to offer testimony. The Director of Community Development gave staff report (see attached). TAPE H - SIDE I (8:50 p.m.) The Director of Community Development continued his report and in closing, recommended approval with certain conditions as stated in the report and an addition to condition 4 "or as amended". In response to City Council questions, he said all new development in the Riverfront area will have to meet .FEMA requirements; that there are a total of 42 parking spaces for the site; and said there was a provision to allow narrower parking stalls. Mrs. Sullivan said she was concerned about parking and did not want to see off-site parking. Bruce Cooper, Bruce Cooper Consulting, representing Richard Fey, said for the record that the 1991 approval was conceptual only, distributed the TRC developed in 1994 for the site plan approval (this document did not come back to the City Clerk); requested that the 105 seats be provided throughout the restaurant including the deck and said Mr. Fey is willing to provide valet parking off-site. He said for the record, FEMA requirements for this property have been the same since 1990. He then distributed copies of letters from Mr. Fey's attorney Gregg Casilino, Esq. dated May 6, 1997. 7 Special City Council Meeting May 7, 1997 Page Eight The City Attorney filed an objection to the Casilino letter being entered into the record, stating that the applicant is illegally estopped from bringing out the issue of whether or not a special use permit is needed, since the applicant agreed to pursue the special use permit.. Mr. Cooper said, for the record, Planning and Zoning approved the plan in 1994 and a building permit was issued allowing the deck to be elevated; said the deck did not qualify as a structure to meet setback requirements; and requested that Council allow entertainment on the deck without applying for a special use permit In response to Council questions, Mr. Cooper said hours of operation have not been established; approximately seven employees will be used; and said he objects to conditions C and D. The Director of Community Development said valet parking as mentioned tonight would not be allowed under the Code. Richard Fey was sworn in by the City Clerk and said resin tables will be* used and that there will be security on site. Fponents who spoke wer@: Damian Gilliams, 1623 US 1, Sebastian. TAPE II - SIDE II (9:37 p.m.) Mr. Gilliams continued his presentation. npnonents who ,spoke were: Leonard Bassi, 573 Browning Terrace, Sebastian questioned Mr. Cooper's occupational license. The City Attorney said testimony has to be limited to credibility of a witness. The Director of Community Development read excerpts of a letter of objection from Alan French to the Planning and Zoning Commission into the record. Mayor Barnes opened and closed the public information period. The Director of Community Development reiterated staff report and in closing, recommended approval with certain conditions as set out in the resolution. 8 Special City Council Meeting May 7, 1997 Page Nine Mr. Cooper reiterated the applicants' request for 105 seats and to allow service to all patrons sitting or standing and to allow entertainment on the deck. Mayor Barnes closed the hearing at 9:45 p.m. Mayor Barnes disagreed with condition B, whereby "all service shall be seated, i.e., no service to patrons standing in the restaurant or on the deck", stating it would probably be unenforceable. The Director of Community Development concurred but said parking was the critical issue. - The City Manager agreed that parking was a critical issue on the Riverfront and stated that many waterfront areas have problems with outside music because the noise carries. Mr. Cooper asked that unamplified music be allowed on the deck, however, the Director of Community Development objected since this was not applied for. Mrs. Cartwright objected to music outdoors and disagreed with condition B. Mr. Paul questioned the environmental impact of serving on the deck. MOTION by Taracka/Paul I move to approve Resolution R-97-27 with conditions A, C and E. ROLL CALL: Mrs. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - nay MOTION CARRIED 4-1 (Sullivan - nay) 6 Special City Council Meeting May 7, 1997 Page Ten C. Resolution No. R-97-30 -Vacation of Easement The City Manager briefly explained the matter and the City Attorney read R-97-27 by title. MOTION by Cartwright/Taracka I move approval of Resolution R-97-30. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 5. Being no further business, Mayor Barnes adjourned the Special Meeting at 10:21 p.m. Approved at the Kathryn M. O'Halloran, CMC/AAE City Clerk , 1997, Regular City Council Meeting. Walter W. Barnes Mayor 10 0 QUASI-JUDICIAL HEARING SIGN-UP SHEET WEDNESDAY, MAY 79 1997 97.130 B. Conduct Public Hearin¢ on Anolication for Snecial Use Permit to Allow Outside Dinine at a Waterfront Restaurant at 806 Indian River Drive in GMC (General Marine Commercial) Zonine District - Consider Adontion of Resolution No. R-97-27 LeoA114de/, ,[airs Name 52.3 ©SCdivni.�rC YE/t /L Address �— For Agai. Name Address Information For _Ogainst Information AJr.O A>%. 1 tt� Nat,� tl �_ of Address For - Information Address r ,� For Against Information _— A �- t------------------------------------------------------------------------------- �4M WLA -__-�7 1 LL I b1N�C Name 1023 �� F� -r�vk-K-) Address or Against Information n Address For Information Name Address For Against Information Name Address For Against Information Name Address For Against Information Name Address For Against Information 2 Name Address For Name Address For Name Address For Name Address For Against Information Against Information --------------------------------------------------------------------------------------------- Against Against Information Information Name Address For Against Information ---------------------------------------------------------------------------------------------------------------- 3 City of Sebastian, Florida Subject: Channel 68 Marina (Tiki Bar) Agenda No. 99 /:?>o Special Use Permit Department Origin: Community Development Approved for Submittal by: WW QW— Date Submitted: May 1, 1997 For Agenda of: May 7, 1997 Exhibits: Resolution R-97-27; Staff Report; application; location map EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None .• Imo'' Mr. Richard Fey has applied for a special use permit to allow restaurant seating on the dock adjacent to the Tiki Bar Restaurant. Uses on a dock are water dependent. Restaurant seating is not a water dependent use. The Planning and Zoning Commission as well as the City Attorney recommend that the request be handled as a special use permit. The Planning and Zoning Commission have reviewed the application and recommend approval. RECOMMENDED ACTION Approve resolution R-97-27. RESOLUTION NO. R-97-27 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING OUTDOOR RESTAURANT SEATING ON A DOCK IS NOT DETRIMENTIAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL MARINE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RICHARD FEY FOR OUTDOOR RESTAURANT SEATING ON A DOCK AT 806 INDIAN RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN txr ECTIVE DATE. WHEREAS, Mr. Richard Fey has applied for a special use permit for outdoor restaurant use on a dock at 806 Indian River Drive; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has considered this application and has found that the requested special use permit is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity and that the proposed use is consistent with the purpose and intent of the general commercial zoning district and the use is similar with the uses allowed in such a district; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has recommended approval of the requested special use permit, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOIRDA, as follows: SECTION 1. FINDINGS OF FACTS: The City Council of the City of Sebastian, after considering the evidence presented at the hearing, finds as follows: 1. The requested outdoor restaurant use on a dock at 806 Indian River Drive is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity; and, 2. The proposed use is consistent with the purpose and intent of the general marine commercial zoning district and is similar in nature and compatible with uses allowed in such a district. SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use permit for Mr. Richard Fey for outdoor restaurant use on a dock at 806 Indian River Drive. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code: A. That the restaurant seating, indoors and outdoors, is limited to 105 seats. B. All restaurant service shall be seated, i.e. no service to patrons standing in the restaurant or on the dock. C. This special use permit does not allow other non -water dependent uses such as bands, dancing, arcade games, etc. D. All of the requirements of the site plan approved by the Planning and Zoning Commission on 10/17/96 shall be complied with. SECTION 4. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 5. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 6. Lk'k'iLCTIVE DATE: This Resolution shall take effect immediately upon is adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice -Mayor Richard Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Resolution duly passed and adopted this day of 11996 City of Sebastian, Florida By: Walter Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles City Attorney Community Development Department Special Use Permit Application -Staff Report 1. Project Name: Channel 68 Marina Tiki Bar Restaurant 2. Requested Action: Approve a special use permit for outside dining. 3. Project Location a. Address: 806 Indian River Drive b. Legal: C. Indian River County Parcel Number: 4. Project Owner: Mr. Richard Fey Channel 68 Marina, Inc. 1623 N. US Highway No. 1 Suite A5 Sebastian, FL 32958 5. Project Agent: 6. Project Engineer: 7. Project Attorney: 8. Project Description a. Narrative of proposed action: The Original Site Plan. The original site plan for the Project was approved in October, 1990 ("Original Site Plan"). The Original Site Plan approval was for a dock extension and parking improvements, and conceptual approval of the footprint of a restaurant. A staff report dated September 21, 1990, states that "The decking placed within a required setback must be at grade level or it will be considered a structure." The Original Site Plan provided for 55 boat slips. The conceptual site plan for the restaurant provided for 42 seats. The parking required was 33 spaces, with 34 provided. The First Amended Site Plan. The first amended site plan for the Project was approved on July 21, 1994 ("First Amended Site Plan"). The 1 First Amended Site Plan increased the Project's restaurant seating from 42 seats to 84 seats. The Second Amended Site Plan depicts all of the seating as indoor seating. The Planning and Zoning Commission approved the First Amended Site Plan with the following conditions: 1. Stamped & sealed engineering calculations for storm water runoff. 2. At the time of building permit, flood proofing of the building or a change in elevation of the finished floor to provide for the flood zone. (The flood criteria in effect in 1990 are the same as those presently in effect). 3. Floor layout indicating seating for bar and restaurant which shall not exceed 84 seats. 4. Applicant to indicate 10 slips to be utilized for boat parking for the restaurant use. 5. This approval is not for fuel tanks until such time a conditional use permit is granted. 6. Handicap parking stalls shall met F.D.O.T. requirements. 7. Parking lot lighting provided. 8. Modify parking dimension and compact stalls. 9. Site plan overall dimension of the building, not the architectural plans as provided. 10. Screening of the dumpster area and screening of mechanical equipment after the equipment has been installed. 11. The applicant agrees to remove or cap (to H.R.S. specifications) the existing fuel line running out of construction, prior to C/O. The First Amended Site Plan was approved for a marina with 42 slips and an 84 seat restaurant. The parking required for the Project was 42 spaces and 42 spaces were provided. No credit was given for the 10 boat slip parking towards the restaurant use. Conditional Use Permit. On October 3, 1996, the applicant received a conditional use permit for the use of fuel storage tanks to serve the marina. Special Use Permit. On October 16, 1996, the applicant received a special use permit to locate a single family residence above the 2 restaurant. The Amended Site Plan was modified to show two spaces for the residence. Second Amended Site Plan. On October 17, 1996, the Planning and Zoning Commission approved with conditions, a major modification to the site plan ("Second Amended Site Plan") to implement the special use permit described above. The Second Amended Site Plan increased the restaurant seating from 84 seats to 104 seats. The conditions are: 1. The proposed residential special use permit shall receive approval by the City of Sebastian City Council. 2. No more than 50% of the total length of the dock on two sides of the restaurant adjacent to the building can be connected to the restaurant or provide access into the building. At least 50% of the dock must be a minimum of three (3) feet from the primary structure. The dock around the primary structure shall include handrails along the water's edge and the openings between the dock and the primary structure. 3. The handicapped access shall be modified to meet all code requirements. 4. The LP tank, 4000 gallon portable fuel tank and the two 6000 gallon underground fuel tanks shall be approved by the Indian River County Fire Department and Indian River County Health Department. 5. The sign shall not hinder the operation of the swale as designed. 6. Provide a copy of the St. Johns River Water Management District permit and stormwater maintenance program. 7. Tire stops be installed in all parking spaces. No Left Turn and Do Not Enter signs for one way traffic. 8. Parking area - paved or paver bricks. Written approval from SJRWMD for gravel in the parking stalls. The Second Amended Site Plan approval was for 15 boat slips and 105 seats in the restaurant. There was no increase in parking. During the discussion on the consideration of the application for the major site plan modification, the use of the dock for increased restaurant seating was debated. A deck within the City's required setback must be at grade level, or it will be considered a structure. As a structure, a variance must be obtained, in order to allow construction within the setback. The Planning and Zoning Commission determined that if the applicant wants outdoor seating at the restaurant, it must obtain a 3 special use permit to allow a non -water dependent use of the structure to be constructed within the setback. The staff has discussed this with the City Attorney and she concurs. The Applicant contends that the First Amended Site Plan gave it the authorization to build the structure within the setback, since a condition of approval provided for compliance with flood criteria (the applicant reasons that the Planning and Zoning Commission anticipated that the structure would have to be raised, and, therefore was approving the construction within the setback). However, as noted above, the First Amended Site Plan approved 84 indoor seats. Clearly, it was anticipated that the structure was to be either a deck (which must be constructed at grade, or a dock if it is to be within the setback, which must obtain a special use permit if it is to be used for outdoor dining). Treating the structure as a dock will enable the applicant to obtain a special use permit to allow for outdoor dining. Accordingly, the applicant filed an application for a special use permit in order to obtain the authorization for outside dining and to allow the use of 32 of the boat slips for transient parking, in order to enable an increase in restaurant seating from 105 to 201 seats. The applicant has also requested consideration for walk-in and patrons on bicycles, so that it can obtain further additional seating, without the requirement of additional parking spaces. At the April 3, 1997, Planning and Zoning Commission meeting the applicant withdrew the request for the use of 32 of the boat slips for transient parking and for consideration for walk-in and patrons on bicycles for additional seating. In addition, the applicant agreed to locating the structure upland out of the water. At that meeting, the applicant raised the issue relating to the outdoor dining. It was the applicant's position, as discussed above, that the structure around the building was approved in the First Amended Site Plan and it is the Flood Insurance Program requirement that requires the structure to be elevated. Therefore, the structure is a deck allowable in the setback. The restaurant seating on such a structure is therefore allowed and does not need a special use permit, even though it is being elevated. The staff position and that taken by the Planning and Zoning Commission in the past is that a dock is allowed in the setback, but not a deck. (Sec. 20A -5.2.B.). A dock is allowed for water dependent uses. The Original Site Plan was for the extension of a dock. A restaurant is a water enhanced use, but is not a water dependent use. Therefore, the only way for the restaurant to be authorized to utilize the dock, a structure not meeting the City setback requirements, for restaurant seating, is to grant the applicant a special use permit. b. Current Zoning: GMC — general marine commercial 4 Iq North: East: South: West: Adjacent Properties Zoninq PS PS COR Current Land Use Yacht Club Indian River Lagoon River View Park residential Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: .60 acres Future Land Use INS INS COR restaurant under construction Immokalee-Urban land complex none Zone VE (el. 9) - Coastal flood with velocity hazard (wave action); base flood determined. Zone AE (el. 9) - Base flood elevation determined Zone AE (el. 8) - Base flood elevation determined Indian River County Utilities Indian River County Utilities River View Park just to the south and the Yacht Club just to the north Police station approximately 4,500 northwest, fire station approximately 6,000 to the north. 9. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent C. Housing: consistent d. Public Facilities: consistent 5 e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 10. Is the granting of the special use permit detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located? Ever since I came to work for the City, I have heard concerns expressed about the parking at the site. During the staffs review of the Second Amended Site Plan, parking was carefully checked. The site plan included the required number of spaces for the residence, 15 slip marina and 105 seat restaurant. In order to ensure that the parking requirements can be met on site, it is important to limit the service at the restaurant. The parking requirement is based on the number of seats. Provisions is not made for stand up patrons. If the special use permit is granted, allowing restaurant use on the dock structure, significantly more than 105 people could be standing outside. This will create a greater demand for parking. The restaurant service should be limited to seated patrons in order to meet the code on-site parking requirements. The granting of the special use permit is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity in which the property is located. 11. Is the use requested consistent with the purpose and intent of the respective zoning district, and can it be demonstrated to be similar in nature and compatible with the uses allowed in the zoning district? Restaurant use is consistent with the purpose and intent of the GMC zoning district. Therefore, the requested use is consistent with the purpose and intent of the GMC zoning district and it is demonstrated to be similar in nature and compatible with the uses allowed in the zoning district. 12: Additional considerations: While the staff was processing this staff report, Sembler's Marina came in with the elevation and floor plans as required by the approval of the site plan. My first reaction to the floor plan was that this is a restaurant use over the water and is inconsistent with the comprehensive plan. In researching the history of the Sembler's Marina project, I found an Indemnification Agreement Between the City and Sembler marina Partners, Ltd. Dated June 12,1991. Apparently a question was raised as to whether the construction of the proposed restaurant on and over the Indian River on pilings was inconsistent with the City's adopted Comprehensive Plan. In the agreement the city determined that the proposed restaurant is a part of that project (the approved site plan), is accessory to the water -dependent use marina, and is consistent with the City's Comprehensive Plan. n 13. Other Matters: The Planning and Zoning Commission reviewed this application and recommends that the City Council find that the requested outdoor restaurant seating is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity and that the proposed use is consistent with the purpose and intent of the general marine commercial zoning district and the use is similar in nature and compatible with uses allowed in such a district. It was further recommended that the City Council approve the request for a special use permit for outdoor restaurant seating to the with the following conditions: 1. That the restaurant seating, indoors and outdoors, is limited to 105 seats. 2. All restaurant service shall be seated, i.e. no service to patrons standing in the restaurant or on the dock. 3. This special use permit does not allow other non water dependent uses such as bands, dancing, arcade games, etc. 4. All of the requirements of the site plan approved by the Planning and Zoning Commission on 10/17/96 shall be complied with. 14. Analysis: The first issue to be addressed is "Is the structure a deck and the use of the deck irrelevant or is the structure a dock and all uses of the dock should be water dependent or approved by special use permit?" The answer to this question determines the need for a special use permit. The Land Development Code requires "Every part of a required yard shall be open from its lowest point to the sky unobstructed ..." (Sec. 20A-5.2.). The code defines the yard as an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein (Sec. 20A-12.2.). Both sections of the code clearly state that the yard is unobstructed. Since the restaurant is built to the building setback, the remaining area to the east and south of the building is the yard and no structures are allowed. The code provides for some exceptions such as roof overhangs, play equipment, flag poles, chimneys, and bay windows (Sec. 20A-5.2.). In the past this section of the code was interpreted that a deck, sidewalk, driveway, or similar structure built at grade was therefore allowed within the required yard. Once a structure, such as a deck, is raised above the grade, the structure obstructed the space from the grade to the sky, and therefore is not allowed in the required yard. Docks or other permitted waterfront accessory structures are not considered yard encroachments (Sec. 20A -5.2.B.). 7 The First Amended Site Plan for the restaurant included a deck constructed at grade around the building. As long as the deck is at grade, it is not considered a "structure" and could be located within the setback. The file also contains a drawing of the restaurant seating. All seating is shown to be indoors. Due to the Flood Insurance Program requirements the restaurant building was raised approximately 3 feet above the grade. The applicant indicated to the staff at that time that he wished to raise the deck to be the same level as the restaurant. We indicated that the deck would then be a structure and would violate the setback requirements. The fact that the applicant had provided a drawing showing all of the restaurant seating inside and that the access to the restaurant can be made through a front door and not necessarily by the deck, makes the deck an accessory use to the principal structure. In order to achieve the use of the property and the building the deck does not need to be raised. It is a desire of the applicant, in order to increase restaurant seating, not a requirement of the use. In an attempt to accommodate the applicant, I suggested that the structure could be considered as a dock, with the use directed to the water. The dock is only to provide access to the water, allowing someone to stand and fish, bird watch, look at the boats in the marina and to walk to the marina. I clearly indicated that restaurant use was not a water oriented use. In order to be considered a dock, it was determined that the facility should not be attached to the primary structure. In order to achieve that, no more than 50% of the total length of the dock adjacent to the building could be connected to the building or provide access into the building. At least 50% of the dock must be a minimum of three (3) feet from the primary structure. With the consent of the applicant, this concept was presented to the Planning and Zoning Commission when the Second Amended Site Plan was considered (10/17/96 meeting). The Commission agreed and indicated that if the applicant wanted to use the dock for restaurant seating that he would be required to get a special use permit. There was no objection from the applicant Accordingly, the site plan the Planning and Zoning Commission approved included such conditions that the dock be separated from the restaurant. The applicant did not appeal or otherwise object to this determination. For no apparent reason, when the application for the special use permit was heard by the Planning and Zoning Commission, the applicant raised the issue of the need for the very permit which it had applied for and the same permit which was a condition to the site plan approval which it had not objected to and had concurred with. If the structure is considered a deck, it violates the code as a yard encroachment. It could not be permitted to be constructed let alone to be used for restaurant seating. If the structure is considered a dock, it is a permitted structure, but the use is limited to water oriented activities. The restaurant seating could be allowed as a special use. E; The second issue is "Does the requested special use meet the requirements of the code?" The answer is that the requested use is consistent with the comprehensive plan and the code of ordinances. In order to be consistent with the Land Development Code, the use shall be conducted in conformance with the site plan approved 10/17/96 by the Planning and Zoning Commission. The last issue concerns the significance of the Indemnification Agreement with Sembler's Marina. It is the staffs opinion that the foundation for that agreement is incorrect. Just because a use is accessory to a water dependent use, the accessory use is not necessarily a water dependent use. The comprehensive plan clearly states a use shall be water dependent to be allowed on submerged lands, non -water dependent uses are specifically prohibited. This would include non -water dependent accessory uses. The Sembler's Marina agreement is specifically related to that project and the facts associated with that project. It is the staff's opinion that the facts for the requested special use permit are different than the Sembler case and therefore the conclusions of the agreement are not transferable to this Project. 15. Conclusion: The requested special use permit is consistent with the comprehensive plan; the granting of the special use permit is not detrimental to the public safety, health or welfare nor injurious to other properties or improvements within the immediate vicinity in which the property is located; and the use requested is consistent with the purpose and intent of the respective zoning district, and is similar in nature and compatible with the uses allowed in the zoning district. The requested special use permit is consistent with the Land Development Code. 16. Recommendation: The staff recommends that the City Council find that the requested outdoor restaurant seating is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity and that the proposed use is consistent with the purpose and intent of the general marine commercial zoning district and the use is similar in nature and compatible with uses allowed in such a district. It is further recommended that the City Council approve the request for a special use permit for outdoor restaurant seating to the with the following conditions: 1. That the restaurant seating, indoors and outdoors, is limited to 105 seats. 2. All restaurant service shall be seated, i.e. no service to patrons standing in the restaurant or on the dock. 3. This special use permit does not allow other non water dependent uses such as bands, dancing, arcade games, etc. E S All of the Zoning Cpmmissio� ont 1Of t/7e 0/1 �/g Site Plan 6 Sha// be Comp/ eq Vi the DgTE�I 10 Planning and APPLICATION FOR SPECIAL USE PERMIT In accordance with Section 20A-2.6, Land Development Code, the City Council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for in the zoning regulations. All such uses shall not be otherwise illegal, and shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations. The City Council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented to it in each case that: 1) The granting of the permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and 2) The use requested is consistent with the purpose and intent of the respective district, and can be . demonstrated to be similar in nature and compatible with the uses allowed in such district. The fee for a special use permit is $150 (established by Resolution No. R-88-09). In addition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' radius of the subject property along with the appropriate certified return receipt mailing fee (currently .V:-29- for U.S. mailing) . .P. f):]. NAME OF APPLICANT: //�.sif'O� ADDRESS OF APPLICANT:� -'15, A, -,V .5 / S-1�0 F7:- `�o bocd 16,62, a) 9S� APPL ICANT PHONE # : . <V,-:7- Z b -2-P ADDRESS OF SUBJECT PROPERTY: �y �i y �,-.t .C -7C LEGAL DESCRIPTION OF SUBJECT PROPERTY:., ZONING OF SUBJECT PROPERTY: ' REASON FOR REQUEST FOR SPECIAL USE PERMIT: N rl r y % - ) - - JP, A-V) C In a, abaa Vj m� 1.�� y r- �,sZ . r, r a,�c A i Gy,&3wa+' An T8E BUILDING O FICIAL MAY RAQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS 162 7 Iq 7 Signature ofr'Appli.cant Da e b:specuse.app 1. A. 4 WAIVER AND CONSENT I/We, the owner(s) of the property located at , Sebastian, Indian River County, Florida, (the "Property"), hereby authorize each and every member of the Board/Commission of the City of Sebastian (the "Board"/ "Commission") to physically enter upon the property and view the Property in connection with my/our pending (the "Proceeding"). I/We hereby waive any objection or defense I/we may have, due to the quasi-judicial nature of the proceeding, resulting from any Board/Commission member entering or viewing the property, including any claim or assertion that my/our 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 Consent is being signed by me/us voluntarily and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the City of'Sebastian. Dated this day of , 199 SWORN to and subscribed before me this 19 . Notary Public My Commission Expires: day of E'4 z7,r,--V M=e -r et / 77 a ioro mer, AV W,- en:- j4 Al.:r 7 1ha r -;-cc ,-4e,7 rO Of IZ5 7&1 Z Acra Pe la--rxf, .7o //r4r A:la.:s- I 6aerle -gP/ A�c CC t7lolr57 44 a Of 12::F Aral, /a //rcr //ra-,rc<x /0 *r'- 4IV* 5 -op -m."" e?7 a -.,r .Goy` jo/ . gr4 .7,z --75.r PARCEL A/Z/A-145-ER -rWO 7h'�al 34' ,C© W IV Xf / C,0,-'rC r 0/ /10(rOr of 1h C c cc o /-?77.4 41 7;rjr7' A40 A49- 40' / e7 t=60 cc -ol /Z' Se. 30 fZ- 4-140 7$6,C C /X0-17 'r r -, �r so/6/ 4-11�e al WI'117 1h CC 111-71C 45pf 4*10 Ao'a 14" 4 -.-Poo,- 1h C.r C 10 z>/z7,,7 9, 7% c o/' Cl e w - r ca, /0 1h 0 IeIAA-' -0/t /747 O/d 01".el e C a o-Ae,,-r. --fo 41 1h .2 0 ' 4.'5'' Cal 1'/ 4r /47,,7 5r ,"/rcz zs'-O', *cv' Z -r -,_"f e:el ;z Orr Z7 --r to clo-ol:-7 74; fir aelrcdx 46' eo I.Ar 740.Ecr?lf a4' .o:p/ <?to. 47 1 r er e 4r rlwr --4ecIlh er 4:y'1::r14o,,-r c,-- 4c:%,-' 4'%0. 4*9 //r f.•4' Wo/,e,- Ma, -A- 074' Orr /Z::ro A yr MOSBY Amo'ASSOCIATES. INJ 4"Z " H,,&. N H a L PIZ f -i /-:::744 I v Io VERO SCACm, riLONCOA too$* 0 7 *011#0009$1 I %A \ \v �• IBp�f \ �\,� $I. y Oa 0 0 6'0 o7,p \ o, Q.�ez 1 ac L �R ESU o Oo FEDGEWATERBL I m RRK P B,1 2-10 5 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 May 21, 1997 Mr. Richard Fey 1623 N. US Highway No. 1 Suite A5 Sebastian, FL 32958 Re: Special Use Permit - Outdoor Restaurant Seating Dear Mr. Fey: The City Council, at its May 14, 1997 Regular Meeting, adopted Resolution No. R-97-27 granting you a special use permit. A copy of the resolution is enclosed for your records. Sin ly, Ka . O'H orae, CMC/AAE City Clerk sam cc: Director of Community Development, Bob Massarelli LAND DEVELOPMENT FILE CHECKLIST (Includes documentation for approvals by Council for annexations, CLUP amendments, rezonings, subdivisions and PUD conceptual, preliminary plat and final plat approvals, special use permits, vacations of easement and varianreci Primary Name: (% 0-n o eJ �,q d li &v i vm 'Ti k I F)QL' (Subdivision, PUD or Applicant/Developer Name if Small Parcel) Applicant or Developer tton Name: k i c h owol -Fey 'I L Proposed Use: o u, ,5 i de, 6U i n 0� (if applicable) J Location: p 0& liqd (0-n 29 i V D r i ve, (address, parcel number, or metes and bounds description) Acreage: Adootina Documents: (as aoolicable *Annexation Ordinance: Date: _ CLUP Map Amendment: Date: Rezoning/Conceptual Date: Special Use: iL - q i - 2 Date: Preliminary Plat: Date: *Final Plat: Date: *Recorded: (Book and Page) Location in Vault. Comments: Date: