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Home My WebLink AboutR-97-271225 Main Street Sebastian, Florida 32958 I, Sally A. Maio, MMC, do hereby certify that the attached is a true and correct copy of Resolution No. R-97-27, however, the adoption date is incorrect. The resolution reflects an adoption date of May 7, 1996 when in fact the Resolution was adopted on May 7, 1997 as indicated in the attached May 7, 1997 City Council minutes. Signed and sealed this 16th of January, 2007. Sally A. Mai MMC CityClerk City of Sebastian ~ , 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 EFFECTIVE 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, FLORIDA, 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. EFFECTIVE DATE: This Resolution shall take effect immediately upon is adoption. The foregoing Resolution was moved for adoption by Councilmember T ;~ ' The motion was seconded by Councilmember ~l ~ 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 Ma or thereupon declared this Resolution duly passed and adopted this day of 1996 City of Sebastian, Florida By. VV ~~~ ~ Walter Barnes, Mayor TT T: Kathryn .O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: _ _ ~ `r _ _ ~_ , ~~ a_ ,r-r ~, ~ z Valerie Settles City Attorney • Special City Council Meeting May 7, 1997 Page Seven 97.130 B. Con~~Ft Public Hearing on Application for Special Use 1?~tput ~ Al1s~ Qutsid~ D'tn~r~ at a Waterfront Restaurant at 806 Iti~.i Riy~' I?OyG in GMG (General Marine Commercial) Zoning District - Cortsis~gr ~~.aptign of Resolution No. R-97-27 (Director of Community Development Transmittal~/1L91~jt-97-~7, StaiTReport, 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 GENF,RAL COMMERCIAL MARINE COMMERCIAL zONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RICHARD FEY FOR OUTDOOR RESTAURANT SEATING ON A DOCK AT S06 INDIAN.RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING3 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 Ciry Clerk swore in all those who intended to offer testimony. The Director of Community Development gave staff report (see attached). TAPE II - SIDE I ($: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. • , 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 Zaning 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 Cauncil 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. Proponents who spoke were: Damian Crilliams, 1623 US 1, Sebastian. . TAPE II - SIDE II (9:37 p.m.) Mr. Gilliams continued his presentation. Q,1tpQn~.t$ bhp spoke were: Leonard Bassi, S73 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. • 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 ott 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 Riverfrant 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 far. 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) • 9 Special City Council Meeting • May 7, 1997 Page Ten C. R~q~~tion No. R-97-30 -Vacation of Easement The City Manager briefly explained the matter and the City Attorney read R-97-30 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 . _ ~~ J , 1997, Regular City Council Meeting. ~ G)lu~ ~~ Walter W. Barnes Mayvr ''~,~~, Kathryn 11K Q'Hallara-t, CMC/AAE Ctry Clerk 10