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HomeMy WebLinkAbout07-15-2021 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MR61JT JULY 15, 2021 0 CO C_ ._ m _ I. Call to Order — Vice -Chairman Roth called the meeting to order at 6:0.r2 CIr II. Pledge of Allegiance was recited by all. CL E H III. Roll Call CC O 16 Present: Mr. Roth Mr. Qizilbash a Mr. Simmons Mr. Hughan Ms. Kautenburg Mr. Alvarez •C o o is Mr. Christino (a) O O g a m C0 N ¢ ¢ sn Not present: Mr. Carter -- Excused Also Present: Ms. Lisa Frazier, Community Development Director Ms. Dorri Bosworth, Community Development Manager Mr. Manny Anon, Jr., City Attorney Ms. Joseph Perez, AV Technical Assistant Ms. Janet Graham, Technical Writer (Zoom) Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aaenda Modifications Mr. Roth announced that Mr. Carter has been excused from tonight's meeting, and Mr. Christino will be voting for him this evening. Mr. Reyes, who has been on the Planning Commission for 10 years, opted not to continue his commitment to the Commission. The City is very appreciative of the service that he gave. He also announced that Ms. Kautenburg has been appointed to the position of a regular member of the Commission. Mr. Roth asked if anyone is present representing the interests of 65 Blue Island Street, San Sebastian Springs, Sebastian. Seeing no one, Mr. Roth stated they would leave that matter until last. V. Approval of Minutes: Regular meetina of April 1.2021 Mr. Roth asked if all Commissioners have had a chance to review the Minutes. All indicated they had. Mr. Roth then called for a motion. A motion approving the Minutes of April 1, 2021 was made by Mr. Christino, seconded by Mr. Hughan, and approved unanimously via voice vote. VI. Quasi -Judicial and Public Hearings PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING OF JULY 15, 2021 A. Quasi -Judicial Public Hearing -- Site Plan, Modification Approval -- North County Library Expansion —1001 Sebastian Boulevard -- Proposed Construction of a new 2,823 SF Building Addition along with Parking, Utilities, Stormwater and Landscaping — Public Service (PS) Zoning District Mr. Roth inquired if any of the Commission members have had any ex parte communications and/or visited the sites. All indicated they had not had any ex parte communications. As a point of clarification, Mr. Anon stated that the statute indicates that all members should indicate if they visited the site(s) and/or if they had any communication with anyone regarding the projects. Mr. Qizilbash stated he does visit the sites, but he does not talk to anyone there. Mr. Simmons indicated he visited the Library site, and he spoke to no one about the project. Mr. Hughan indicated he had visited the Squid Lips site, and he visited the 65 Blue Island Street site, but he could not get in the gate. He did not visit the library site. He did not talk to anyone. Mr. Alvarez indicated he had not visited any of the sites. Ms. Kautenburg indicated she had visited the sites. Mr. Roth indicated he had visited all three sites, and he did not speak with anyone. Mr. Christino indicated he visited the sites, but he did not talk to anyone. Mr. Anon indicated he would forward a copy of the Florida statute for clarification purposes to Mr. Roth, and he can then disseminate it to the other Commission members. At this point, all who would be speaking on either of the two projects were duly sworn. Mr. Anon read the item into the record. Mr. Roth called on the applicant's representative to present testimony on this project. Mr. Todd Howder of MBV Engineering, Inc. identified himself and MBV as the site engineers for this project. This is an Indian River County project. It is a small addition to the North County Library with some parking spaces. As part of the project, they are doing some palm tree maintenance that needs to be done. They are also doing some landscaping work to some of the trees and existing landscaping throughout the area that was part of the original plan that needed to be done for this project. Mr. Roth called on staff for their report. Ms. Bosworth entered the Staff Report and survey, the architecturals, and the civil engineering plans as part of the record. She stated that, as Mr. Howder explained, this project is going to be for a 2,823-square-foot building addition in the southwest comer. As part of this project, they are also adding 10 additional compact parking spaces, they are restoring the stormwater pond, and replacing the missing landscaping from the 2001 plan. The Staff Report details that they have met the requirements of the Land Development Code. She reviewed that the Sebastian Lakes community is a residential PUD. Those residential PUDs allow a certain percentage of commercial property. The Winn -Dixie, the Library site, the Walgreens and the Bank are all partof this PUD. A lot of the lakes and stormwater areas are all interconnected through PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING OF JULY 15, 2021 the PUD and then eventually outfall into the 512 ditch. The client and the applicants have been meeting with St. John's regarding what needed to be restored and brought back to the original St. John's stormwater permit. Some of the sheets have shown that there were numerous utility easements that have been platted over the years. There should have been some easements on the last round of building additions that needed to be abandoned. That will all be corrected through this project along with dedicating a new utility easement along the rear. Some of those utilities will be running under the building. Staff has determined that the site is consistent with the Comprehensive Plan, the Land Development Code, the 512 Overlay District, and staff recommends approval of the proposed site plan modification with the one recommendation of the abandonment of all applicable utility easements, and that establishment of necessary utility easements shall be completed before issuance of the Certificate of Completion can occur. Mr. Roth asked if there is any requirement for landscaping around the new structure. Ms. Bosworth stated that the Triangle Overlay and the Riverfront Overlay require foundation plantings for a building. The 512 Overlay District only has increased landscaping along 512, but it does not have the requirement of foundation landscaping. Mr. Roth opened the hearing for comments from the public regarding this particular project. Shelby Bacon, Sebastian lives in Sebastian Lakes subdivision and asked if the parking is going to be added to where the parking spaces are presently on the conference room side. She also asked if this would impact any of Dr. Brooks' property. Ms. Bosworth stated it is not going into Dr. Brooks' property, and the proposed parking is within a green area. It will not remove any parking that is presently in place. They will actually extend and add some parking on that side. Ms. Bacon asked if there will be some shrubbery or the like in front of the Sebastian Lakes development and behind the library. Mr. Howder displayed the plans on the monitor and pointed out on the landscape plan what will be done on the property. Seeing no one else in Chambers who wished to speak on this project and hearing no one on Zoom who wished to be heard, Mr. Roth closed the public comment portion of the hearing. Mr. Qizilbash Regarding the compact area parking, those spaces are all 8 x 15 feet. He suggests there is room to make those spaces 8 X 17 or 18 feet, and where there is space available, they can be made a little longer. Mr. Howder said they will add a foot or two where they can. On the sanitary sewer information, next to pond 2, that is where the gravity sewer ends. It does not say in what direction it goes. Mr. Howder said that is an existing line and it is going to stay. Mr. Qizilbash asked from there, where does the gravity sewer go. Mr. Howder said it goes north and south. He explained that the County provided the survey. They just showed the survey on this parcel. They did not go PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING OF JULY 15, 2021 any farther because this is actually a connected sewer section. These are interconnected not only with the pond system, but it also goes to master lift stations that a lot of these areas are connected to. There is a lift station that is connected in Sebastian Lakes that it is connected to. Mr. Qizilbash requested that a notation be made on the plan to that effect. Mr. Howder said he would do that. Mr. Christino: • Stated the plans are complete, and he is pleased to see the deep root system that is being used for the new plantings. Ms. Kautenburg: • Pointed out that the library is one of the "stars in our crown" in Sebastian. It has always been beautifully maintained. Every addition that has been added has been added tastefully, and she is glad to see that the County is adding more space, because she is aware that there is a growing need. She stated these plans were very well done. Mr. Roth: • Stated that when the Commission gets plans that are well done like this one, it makes the Commissioners' job a lot easier. There being no further quesfions or comments by the Commissioners, Mr. Roth called for a motion on this matter. A motion to approve the plan as submitted with the stipulations that archaic easements be abandoned properly, and new necessary utility easements are to be completed before the issuance of a Certificate of Completion was made by Ms. Kautenburg and seconded by Mr. Christino. Mr. Roth called for a roll call vote. Roll Call Mr. Hughan — Yes Mr. Simmons — Yes Mr. Qizilbash — Yes Mr. Christino (a) — Yes Ms. Kautenburg — Yes Mr. Alvarez — Yes Mr. Roth -- Yes Vote was 7-0 in favor. Motion passes B. Quasi -Judicial Public Hearing — Site Plan Modification Approval & Riverfront Overlay District Waivers — Squid Lips Restaurant & Fins Marina — 1660 Indian River Drive — Proposed Additions of a New 8,400 SF Over -the -Water Restaurant, a New 2,100 SF Marina Office Complex, PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING OF JULY 15, 2021 and a New 2,300 SO Smokehouse Restaurant along with Parking, Utilities, Stormwater and Landscaping -- Proposed Waivers from Section 54-4- 21.A.5(c)(1) Roofs and Parapets Regarding Required Roof Pitch, and Section 54-4-21.A.7(c)(2)b.1 regarding required Foundation Plantings -- Commercial Waterfront Residential (CWR) Zoning District Mr. Anon read the item into the record. Mr. Roth called on the Commissioners to disclose any ex parte communications on this matter, which would include conversation and/or a visit to the property. Mr. Hughan visited the site, Mr. Christino visited the site and had no ex parte communications regarding this project. Mr. Qizilbash visited the site and had no ex parte communications regarding this project. Mr. Simmons drove by the site. Mr. Alvarez stated he did not visit the site, nor has he had any discussions with anyone regarding this project. Ms. Kautenburg stated she has visited the site. She did not speak with anyone. Mr. Roth visited the site but did not speak with anyone at the site. Mr. Roth called on the applicant or its representative to present testimony on this project. Ryan McLean identified himself and MBV Engineering, who is the civil engineer for this project. Essentially, this is a multi -faceted project to basically expand one of the milestones in Sebastian. There is the addition of an 8,400-square-foot over -the -water restaurant that makes use of an existing pad that has been in the community for close to 30+ years, and some other retrofits on the western parcel coupled with a multitude of necessary site improvements to support such development. It is a multi -faceted project including two restaurants along with the manna support structure that provides support to the existing Fins Marina. Ultimately, there was a lengthy process of approximately five years to address this project. He asked for any questions/comments the Commissioners may have. Mr. Roth called on the staff for their input. Ms. Bosworth entered into the record the staff report and survey, the landscape plan, the civil engineering plan, the building and floor plans that were all contained in the Commissioners' agenda packets. She reviewed the staff report to verify that the Land Development Codes for this project have been met. With regard to finished floor elevation, on the concrete pad some of the benchmarks have changed over the years from 1929 to 1988, and the FEMA maps have changed. It was something that the City's building official caught, and it was going to be about six to seven inches short for the FEMA requirements for the supporting posts underneath that slab. That was taken before City Council for a FEMA variance, and after consideration by City Council, that was granted. Square footage, building coverage, open and impervious areas are all in compliance. The existing Squid Lips restaurant that is over the water is a part of a submerged land lease, which means it is not included as part of this land area for this project. The property line for this application goes out into the water, and that slab is a part of the area that is included for impervious and open -space requirements. With regards to building heights, the existing slab was measured a few years ago using the PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING OF JULY 15, 2021 previous code, and it was determined that they were in need of a variance. It went before the Board of Adjustment, and it was granted. But within the last six months, the Land Development Code has been changed on where that measurement is started. As you can see in the staff report, it is now only a foot and a half. It was good for 24 months and, as staff was still reviewing the project, they did have to ask for a 6-month extension of that variance request, and that has been granted. On the west side they are going to put a new dumpster enclosure and also add a compacter with an enclosure that will help with waste management for the three restaurants that will be on that site. With regards to parking, on page 5, there is a good breakdown of the parking spaces. As to the new spaces that will be added, it has been part of City policy that two motorcycle parking spaces equal one standard space. They are putting in 23, so that counts as 12 parking spaces. She discussed the landscaping plans and stated that on the west side of this property there are some beautiful specimen oak trees, and the Code allows parking credits to be given for those specimen trees. Based on the size and the information that staff was given on the tree survey, the City has given them 22 spaces for credit. One of the staffs recommendations for approval, if for whatever reason —hurricanes, drought, disease —any of those trees have to be removed, they would be required to provide three additional parking spaces for each tree if they were to come down. The applicant also needed 14 parking -in -lieu spaces. She explained how that program works. There is a large ditch on the west side that the applicant is going to pipe and also add 19 parking spaces on the street in accordance with the City's design. There is a formal agreement that would need to be executed by City Council and the applicant, and staff is requesting that that get done before they get any COs on the building, but that is something that can be done while they are under construction. According to the architectural plans, the over -the -water restaurant is going to have their mechanical equipment on the roof. That is to be screened. The other two buildings will have their mechanical equipment on the side, and they will be screened. The marina office and the restaurant that will be over the water, because of the uniqueness of them being raised, a lot of that plumbing, electrical, and mechanical type of piping will be underneath, and there will be some sort of screening that goes all the way around those buildings so that it is hidden. It will be determined if any of the under -the -walkway piping, etc. needs to be screened. Also included in the plans is the lighting plan that shows the fixtures that are going to be added to the building. Based on the additional trips, the applicant was required to do a traffic -impact analysis. The City Engineer did review that. He had requested some additional information for the hours on the weekends during the evening dining hours, which was provided. Based on the information, it was determined that it would not impact the level of service for Indian River Drive that required any additional improvements to the road in that area. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF REGULAR MEETING OF JULY 15, 2021 Ms. Bosworth stated that the applicant is requesting a landscape waiver for the foundation landscaping that is going to around the Smokehouse Restaurant —five canopy trees. Because the west side of the building is up against the stormwater area, staff feels that the request should be granted. Staff had been working with the applicant regarding the area that is going to be to the front of the over -the -water restaurant —the beach area. There are some existing native plantings there, and staff was looking for some additional native plantings to be added, which does show on the plan. But it also shows a lot of palm trees and some other canopy trees. When they are planting, if it looks as if that is going to be too many trees for that area next to the water, staff would ask to have that waiver request extended for another five trees if need be. The other waiver is for the pitch of the roof on the new over -the -water restaurant. The Code requires a minimum of 5:12, but since they have already gotten a height variance and to be able to get the walls in a functional restaurant, it is a 4:12 pitch. It is still a pleasing building, so staff feels that it meets the intent of the Riverfront Overlay and recommends approval of that waiver request also. Ms. Bosworth closed by stating that on the site plan there is a small encroachment of the Davis House Bed and Breakfast deck. That has been there for many years. The owner of the Squid Lips property and the owner of the Davis House are okay with the encroachment. Because this is an agreement between the two property owners, staff requested that the Squid Lips property owners send them a notice telling them it is expanding its site, and there is still this deck issue, and if down the road we need to address it, the City is aware of it, and we will have to follow the setback code. Ms. Bosworth said that staff has determined that this proposed site plan is consistent with the Comprehensive Plan, the Land Development Code, and the Riverfront Overlay Distinct and recommends approval of the site plan with the following proposed conditions: 1. At this time, the civil engineer is working with DEP to get their stormwater ERP permit. Staff just has not received the final copy of it yet, and staff would like a copy of it before the land -clearing permit is issued. 2. That the parking -in -lieu agreement be executed by the applicant and City Council before a certificate of occupancy for the first building completed can be issued. 3. The eight specimen trees that were saved in conjunction with parking permits, if any of the trees are damaged, removed, or cut down, three additional parking spaces will need to be provided. 4. Screening would be required if piping and wiring underneath the new concrete - and -wood ramp are noticeably visible. 5. There are some existing signs on the site that do not meet the current Land Development Code sign requirements, and all of the new signs that we saw on the plans would need separate permits and will also need to meet code. 6. Staff recommends that the Commission grant a waiver for the design criteria to PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF REGULAR MEETING OF JULY 15, 2021 allow the 4:15 pitch roof and a landscape waiver for five foundation canopy trees around the Smokehouse Restaurant, and up to five additional trees within the shoreline buffer area on the east side by the new over -the -water restaurant. Mr. Anon clarified that as to No. 3 of the above recommendations, three additional parking spaces per tree will need to be provided. Mr. Roth called on the Commissioners for questions/comments of the applicant or staff. Mr. Qizilbash: • On Sheet C4, Permits Required, he asked why there is no St. John's permit. Mr. McLean explained that at certain times DEP trumps St. John's in the environmental resources stormwater evaluation. Mr. Qizilbash stated that so many trees and bushes are shown in the retention area. Traditionally, DEP and the City of Sebastian code does not allow it, and the stormwater counts allow for the volume reduction associated with the trees. It is not traditional, but if you saw the landscape requirements associated with not only the City of Sebastian plus the Riverfront Overlay, the amount of canopy meets the requirements. • Asked why the City is allowing parking in the street right-of-way. Who will be responsible for maintenance of these 19 parking spaces? Ms. Bosworth stated that in many of the downtown areas there is existing on -street parking. It is something at this point that the City has felt that it wants in its riverfront. It did go through a review from Stormwater. • Stated that there is angled parking shown that will be backing into the southbound lane of traffic. He asked what the angles will be for those on -street parking spaces. Mr. McLean stated there will be a 45-degree stamped asphalt or stamped concrete design which is the,City standard. Mr. Qizilbash suggests that the 12-foot width of the street is not enough to allow vehicles to back out of those parking spaces safely. He feels that is a traffic hazard.. • Regarding the 10-foot landscape buffer shown between motorcycle parking and the property line which all drains to the street, he suggests that will make drainage onto the street worse. Mr. McLean stated they are trying to intercept as much off - site water flow as possible. Mr. Qizilbash stated there should be a swale in this 10-foot buffer to keep the water in the property and going to that retention area. • Mr. McLean said the City of Sebastian Code does not allow a stormwater facility within the 10-foot landscape buffer. Mr. Qizilbash stated that the water from all the driveways on the east side is also flowing to the street. Mr. McLean said entrance driveways are allowed to flow to the right-of-way. Mr. Qizilbash stated that when property is developed, the existing problems should be taken rare of, but it is being made worse in this area. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF REGULAR MEETING OF JULY 15, 2021 Referring to the 19 parking spaces, he asked who is going to be responsible for the maintenance of those parking spaces. Ms. Bosworth explained that the money that is paid for those spaces goes into a parking trust fund. It is no different than the parking that is in front of Captain Hiram's or the Crab Stop. Mr. Qizilbash opined that someone should correct these things. Ms. Bosworth stated that the City Engineer, the Consulting Engineer, the Stormwater Department, and the City Manager have looked at specifically that design. She addressed Mr. Qizilbash and stated if he would like to make it a condition that it is reexamined, looking at his concern that there is going to be additional drainage into the street, staff can certainly provide that. Mr. Chdstino: • Regarding Mr. Qizilbash's concerns, he suggests direction flow from the parking lot on the west side of Indian River Drive would exacerbate the condition of flooding in that area. • Regarding the areas that are going to be unpaved, he asked what materials will be used in those areas. He is also concerned that there is going to be more water on Indian River Drive. Ms. Bosworth stated that all of the parking spaces are going to be asphalted or concreted. There will not be any stabilized or pervious parking spaces. Mr. Chdstino also asked about the parking spaces on the south side west of Indian River Drive. Ms. Bosworth stated those are existing spaces. • Mr. Chdstino asked if any of those areas are going to be replaced with something that is going to be a quick -draining material to avoid any overflow onto Indian River Drive. Mr. McLean said there will be no parking on anything but asphalt or concrete in the City. They do not allow a stabilizing material in that capacity. • Regarding the grease trap, will there be a 250-gallon grease trap added for the barbeque restaurant? Mr. McLean said that is correct. Mr. Christino stated the other one is 1250 gallons. Mr. McLean said MBV Engineering has just recently retrofitted it to a 1250-gallon system. Mr. Chrstino stated he does not see any notation of whether the grease would be stored on site or across the street. He is concerned about transporting any grease in that area, especially over the water. He asked Mr. McLean if he knows how that is handled by the restaurant. Mr. McLean stated he personally does not. He knows there is a fixed system for grease storage to be within the dumpster. He also stated that the bulk of actual food production is not occurring in the over -the -water restaurant, and they are still working out the kinks. Mr. Hughan: • Regarding the on -site parking on the roadway, he understands that that is going to remain after the project is finished. Mr. McLean stated that is correct. Mr. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 10 MINUTES OF REGULAR MEETING OF JULY 15, 2021 Hughan stated this project will be a welcome addition to the riverfront area Mr. Simmons: Stated he is a little confused regarding swapping trees for parking and deleting trees for some other reasons, how they relate to each other. Mr. McLean explained that, because of the great consideration that went into the preservation of the specimen trees on the west parcel, it was determined that they would work with City planning staff regarding that matter. Mr. Simmons stated that in essence they are swapping specimen trees for parking spaces. Mr. McLean said they are actually given credit for preservation. Ms. Bosworth stated it is in Article XIV, Tree and Landscape Article about being able to give parking credits for specimen trees. That has been done for the Tiki Bar where they are parking on the west side of the street. It has also been done for the Train Station because they had saved some very nice oak trees. She further stated that the applicant has added the required buffer around the trees to keep the concrete out of that area in order to protect the trees. Mr. Alvarez: • Addressed the pilings that have been there for some time. He read that those pilings were approved back in 1991. He asked if any study has been done on those pilings and whether they are in a condition to support the new restaurant. Mr. McLean said that there was a crane brought in and pile testing was done to make sure those pilings are viable, which they are. • Asked if new signage will be going in. Mr. McLean said yes. Ms. Kautenburg: • Stated it is a very thorough plan and is easy to follow and understand. She is very glad this project is going forward. She likes the idea of additional public parking which creates places for the walkers to park at the north end of Indian River Drive. Mr. Roth: In looking at parking on the west parcel in front of the new restaurant, he is concerned whether there will be indoor seating or mostly takeout. Mr. McLean said the Smokehouse restaurants tend to be more of a takeout style. There is a small indoor seating area but no exterior seating. Refering to the elevation drawings, he feels that it is not well identified as to the proposed building at Squid Lips Sebastian. Mr. McLean explained that the linear building is the over -water restaurant. He also identified the small building in the middle on the east parcel is the marina support building. He stated there will be PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 11 MINUTES OF REGULAR MEETING OF JULY 15, 2021 two buildings on the west parcel and three buildings on the east side. Mr. Roth complimented the applicant for their design and architecture that will be used in this project. On the east parcel, there is a walkway that goes around three sides of the building, and he asked if that is going to be done when the building is completed. Mr. McLean stated that is correct. Looking at the lagoon, when looking at the righthand far back comer, there is a concrete square that is missing, and he asked what the plan is for that area. Mr. McLean said that slab was missing due to an accident or weather, etc. It will be built in and will square off the over -water slab. It will be a complete rectangle. Ms. Frazier addressed the questions Mr. Qizilbash had asked regarding the drainage and the parking spaces. She stated she and Ms. Bosworth will go back and look at that matter and readdress it. As far as the parking -in -lieu, that has been a program that has been in place for a long time, and the City does maintain the parking spaces. Ms. Frazier also addressed the question of landscaping within the stormwater ponds. Those are not typically allowed. However, in this instance, because of the topography with the adjacent property to the west, they had to put in a retaining wall in the landscape buffer. So staff felt that the five feet between the property line and the retaining wall there was not adequate room to put in some of the large canopy trees that are required in the Riverfront Overlay. Staff allowed the applicant to put them adjacent to the retaining wall but also on the stormwater banks, thus not taking up some of the treatment volume, which St. John's normally would not allow. In addition, staff did have MBV provide them with calculations. She thanked everyone involved who have been working on this planning for a very long time. She thinks it will be a wonderful asset to the community. At this point, Mr. Roth opened the floor to anyone who is present in Chambers who wishes to speak in favor of the project as well as anyone on Zoom who wishes to speak in favor of the project. Seeing no one, Mr. Roth called for anyone present who wishes to speak in opposition of the project as well as anyone on Zoom who wishes to speak in opposition to the project. There being no one, Mr. Roth asked Mr. McLean if he had anything else he wished to say. Mr. McLean thanked the staff for their work and cooperation in developing the planning for this project. Ms. Bosworth added that there will be three separate building permits. The first one to get its CO is where the requirement of the parking, the landscaping and the final Planning and Zoning inspection will be required. They are working at getting their permits in. There has been a cursory review on some of those buildings. Not all three buildings have to be done at the same time, but the first building will be the one that triggers the parking, stormwater and landscaping being completed. Ms. Bosworth summarized staffs recommendations as shown on Pages 9 and 10 of the agenda packets and the addition of one more condition and another waiver: PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 12 MINUTES OF REGULAR MEETING OF JULY 15, 2021 • The added condition will be for staff to reexamine the 10-foot buffer east of the motorcycle parking adjacent to the parking -in -lieu spaces regarding water shed into the street. Staff will see if that can be modified so that it is not a total water shed into the street area. • An additional waiver allowing stormwater and retaining wall within the perimeter landscape buffer area. Mr. Roth called on deliberations by the Commissioners. Mr. Roth addressed parking lot lighting. He did not see a drawing dedicated to lighting. Ms. Bosworth staled that the site plan does show the location, both on the east and west sides. There will be some light poles on the east and west sides, and then the photometric plan showed the lumens that would be generated from those lights and the cut sheets that showed what kind of lamp poles and lighting that would be. On the posts for the ramps, there is going to be lighting on top of each post. Those may be on timers. There was also lighting on the building, and 20-foot poles in the parking area, with gooseneck lighting fixtures off of those poles. There being nothing further from the Commissioners, staff, or applicants, Mr. Roth called for a motion. A motion recommending approval of this project, subject to the five bullet points beginning on page 9 and onto page 10 of the Staff Report and on the third bullet adding the words "per tree" after the word "provided" in the last sentence, and also to include in item No. 2 regarding Riverfront Oveday District design criteria a waiver allowing for a 4:12 roof pitch, and in Item No. 3 granting a Riverfront Overlay District landscape waiver for five foundation canopy trees required around the west side of the Smokehouse Restaurant, and up to five canopy trees within the shoreline buffer area in front of the new over -the -water restaurant. Also to include an Item No. 4—Staff to reexamine the drainage on the west side of the street and make any necessary improvements to make it correct, also to include an Item No. 5—to grant a waiver to allow stormwater in the buffer areas was made by Ms. Kautenburg and seconded by Mr. Simmons. Roll Call Mr. Roth -- Yes Mr. Simmons -- Yes Mr. Alvarez -- Yes Mr. Hughan -- Yes Mr. Christino (a) -- Yes Ms. Kautenburg -- Yes Mr. Qizilbash — Yes Vote 7-0 in favor. Motion passes VII. Unfinished Business — None Vill. Public Input — None PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 13 MINUTES OF REGULAR MEETING OF JULY 15, 2021 IX. New Business A. Accessory Structure Review -- LDC Section 54-2-7.5 -- 1,000 SF Detached Garage — 65 Blue Island Street, San Sebastian Springs -- R. Greenberg Mr. Anon read the item into the record. Mr. Roth called on the applicant to present their case. Ms. Bosworth stated the contractor was not present, and since this was a straight- forward application, she recommended to proceed if the Commission members agree. She feels that she can answer any questions the Commissioners may have on this project. It was the consensus of the Commissioners that the matter can proceed without the applicant or their representative being present. Ms. Bosworth reviewed this was an application for a new home on a larger lot in San Sebastian Springs. The new home itself has a two- or three -car garage. This review is for a detached garage for an RV. It is a custom garage going up at the same time that the house is built. They have added a cupola onto it, and it is a pretty straightforward request. It meets all the requirements such as setbacks and heights. The only thing that was not included with the permit was a specific landscape plan for the required shrubs. She has already spoken to the contractor. He has drawn one up that will show the 36 bushes around the building, and he is aware that that would need to be, if approved, planted before they get the certificate of occupancy for the house. Also included in the agenda packet is the land -clearing sheet that shows how many tree credits they are going to get for the oversize lot, and they are going to meet their tree requirement. It meets the intent of the Code, and staff recommends approval with the condition that the landscaping shrubs around the foundation of the accessory structure are planted before a certificate of completion can occur for the accessory structure. Mr. Rath then called for questions/comments from the Commissioners. Mr. Christino: • As to the permit application, he assumes that the accessory building is included with the initial permit application. Ms. Bosworth stated yes, it is. Ms. Kautenburg: • This neighborhood has a homeowners' association, and she is aware that they have a lot of restrictions there. She asked if this structure has been approved by their architectural review committee. Ms. Bosworth stated yes, it has. There being nothing further, Mr. Roth called for a motion. A motion approving the requested action on the detached accessory structure for 65 Blue Island Street, including PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 14 MINUTES OF REGULAR MEETING OF JULY 15, 2021 the additional considerations on page 3, was made by Mr. Simmons and seconded by Mr. Alvarez. Mr. Roth asked Mr. Simmons if he would accept amending the motion to include the wording regarding 36 bushes to be planted around the accessory structure. Mr. Simmons stated he would, and Mr. Alvarez also accepted the wording. Roll Call Mr. Rath — Yes Mr. Qizilbash -- Yes Mr. Alvarez -- Yes Mr. Hughan — Yes Mr. Christino (a) -- Yes Mr. Simmons -- Yes Ms. Kautenburg -- Yes Vote was 7-0 in favor. Motion passes. X. Commissioners Matters — Election of Chairperson and Vice Chairperson Mr. Roth spoke regarding Mr. Reyes resigning from the Commission. As Mr. Reyes was Chairman and Mr. Roth was Vice Chairman, the Commission needs to have an election of officers. Atthis point, he opened the floor for nominations for Chairperson. Mr. Hughan nominated Mr. Roth as Chairperson, and Mr. Alvarez seconded the nomination. There being no further nominations, Mr. Roth called for a vote. Roll Call Ms. Kautenburg — Yes Mr. Christino (a) — Yes Mr. Hughan — Yes Mr. Roth — Yes Mr. Simmons -- Yes Mr. Qizilbash — Yes Mr. Alvarez -- Yes Vote was 7-0 in favor. Mr. Roth was elected as Chairperson. Mr. Roth called for a nomination and a second for Vice -Chairperson. Mr. Alvarez nominated Mr. Qizilbash as Vice Chairperson, which Mr. Qizilbash did not accept. Mr. Christino nominated Mr. Alvarez, and Mr. Simmons seconded the nomination. There being no further nominations, Mr. Roth called for a vote. Roll Call Ms. Kautenburg -- Yes Mr. Christino (a) -- Yes Mr. Hughan — Yes Mr. Roth — Yes Mr. Simmons -- Yes Mr. Qizilbash -- Yes Mr. Alvarez -- Yes Vote was 7-0 in favor. Mr. Alvarez was elected as Vice -Chairperson. Mr. Roth suggested the Commissioners be provided with a printed list of actions to be PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 15 MINUTES OF REGULAR MEETING OF JULY 15, 2021 taken and the order in which they should be taken during a meeting. He feels that would be very helpful to the person running the meetings. Mr. Anon suggested Mr. Roth contact the City Clerk, and she can assist. Ms. Bosworth also volunteered to help with that. XI. Citv Attomev Matters Mr. Anon stated that he will forward the case law on the question regarding ex parte communications that was discussed to Mr. Roth, and he can disseminate it to all Commissioners. Ms. Frazier called attention to the copy of the new approved Comprehensive Plan which has been included in all Commissioners' agenda packets. She thanked all the Commissioners for all their work and dedication on this project. She added that the legislature passed a new law where another element is required to be added: the Private Property Rights element. It will have to be added ASAP because any amendment to the Comprehensive Plan is going to require this. Thus far, the DEO has told staff that amendments to the future land -use map would suffice as an amendment to the Comprehensive Plan. There are some future land -use map changes coming up, so this element has to be added. XIII. Journment There being no further business, Mr. Roth called for a motion. A motion to adjourn was made by Mr. Hughan, seconded by Mr. Christino, and the motion passed unanimously via voice vote. Meeting was adjourned at 8:02 p.m. Jg