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HomeMy WebLinkAbout07-07-2005 PZ Minutes CITY OF SEBASTIAN JULY7,2005 ~~~ CHAfflMAN (80'\RD).P~ ~O:M IS");p;;;. APPROVED ~Q _OATE__n-;- J\PPROVED SUBJECT TO PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING Chairman Smith called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Faille Mr. Mahoney Chmn. Smith Mr. Celli Mr. Keough Mr. Allocco Mr. Mahoney EXCUSED: Mr. Simmons Mr. Oakes Mr. Hughes, School Board Representative ALSO PRESENT: Dorri Bosworth, Zoning Technician Rich Stringer, City Attorney AI Minner, City Manager Councilman Sal Neglia ANNOUNCEMENTS: Chmn. Smith announced Mr. Simmons and Mr. Oakes are excused and Ms. Bosworth stated Mr. Paul will be arriving shortly. APPROVAL OF MINUTES: MOTION by Keough/Allocco to accept the minutes of April 7, 2005; May 19, 2005; and June 16, 2005 as submitted. A voice vote was taken and motion passed unanimously. OLD BUSINESS: NONE (Mr. Paul arrived) NEW BUSINESS: QUASI-JUDICIAL PUBLIC HEARING - SITE PLAN -1034 & 1109 INDIAN RIVER DRIVE - PARADISE MARINA RESORT - COMMERCIAL RIVERFRONT (CR) & COMMERCIAL WATERFRONT RESIDENTIAL (CWR) ZONING DISTRICTS Chmn. Smith opened the hearing and asked the applicant to approach the podium. Mr. Gilliams approached the podium and stated that there is a dilemma that has arisen with regard to the conditional use permit that is now required. Mr. Stringer stated that there is PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 7, 2005 going to be a conditional use review required on this application for the east side development. Technically you could do the site plan review and then the conditional use but that would require the commission to hear this application twice. Mr. Stringer recommended a continuation of this until the notice for the conditional use portion is published. He pointed out if an issue were to arise from the conditional use review that would alter the site plan the commission would have to review the site plan again. Ms. Bosworth noted that the site plan shows parking on the east side, which is a non- conformity and must receive a variance from the Board of Adjustment. She questioned if the commission would like to see the variance hearing outcome first before proceeding with the site plan and conditional use review. Chmn. Smith inquired how long it would take to go through the variance process and then return to this board and Ms. Bosworth thought the earliest date this application could come back to the P&Z would be a meeting in August. Mr. Gilliams asked if he could have this heard at the next meeting under old business. Mr. Stringer interjected that it would have to wait until the first meeting in August due to the time constraints for advertising the legal notice. He added they might be able to get the variance to City Council on July 27th Mr. Gilliams asked if he could get the commission's input on what is before them tonight but Mr. Stringer said because it is a quasi-judicial matter they must make their decision on solely what they hear during the public hearing. Mr. Gilliams asked if he could meet with the people in attendance to hear their questions and concerns. Mr. Celli asked Mr. Stringer if, when he was walking the site, he spoke to Mr. Gilliams would he be in violation of any sunshine law. Mr. Stringer said no but he would have to disclose anything that came out of the conversation that would affect his determination. In general it is discouraged because in a quasi-judicial hearing your decision must be based on purely what is presented within the hearing. After discussion of what could be discussed Mr. Stringer recommended the application be continued to the August 4th Planning and Zoning meeting and Chmn. Smith declared a continuation. Mr. Gilliams concurred and asked if he could meet with the people in attendance after the commission adjourns their meeting. Mr. Stringer said that was acceptable. CHAIRMAN MATTERS: NONE MEMBER MATTERS: Mr. Paul asked if anyone found out what happened to the "Welcome to Sebastian" sign on 66th Avenue. Ms. Bosworth had not been given any information from Jan on that and would talk to Public Works. He also asked about a No Right Turn at U.S. 1 and eastbound CR-512. Ms. Bosworth said she will find out who has sign jurisdiction on that road and area, possibly being FOOT. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: Mr. Stringer said the council wants the commission to proceed with reviewing a draft of a modification to the tree and landscape ordinance, which would be coming to them shortly. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 7, 2005 Mr. Minner introduced himself to the Commission and offered his assistance to help. He is working with Ms. Bosworth while expediting the recruitment of a new Growth Management Director. Mr. Stringer asked Chmn. Smith to obtain a motion to continue the site plan review to the August 4th meeting. MOTION by Smith/Keough to continue the review to August 4th ROLL CALL: Mr. Mahoney Mr. Allocco Mr. Celli Chmn. Smith yes yes yes yes Mr. Faille Mr. Keough Mr. Paul yes yes yes The vote was 7-0. Motion carried unanimously. Chmn. Smith adjourned the meeting at 7:19 p.m. (7/8/05 sb/) 3