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HomeMy WebLinkAbout08-04-2005 PZ Minutes -~/p CHMRMAN (SOAfiDi p.2. e~II"lIs~ ZiZ ^I'PROVf.O~~ 7 DATE..) 2'. 0::,- AP?ROV~TO ' PLANNING AND ZONING COMMISStetJ CITY OF SEBASTIAN MINUTES OF REGULAR MEETING AUGUST 4, 2005 Chairman Smith called the meeting to order at 7:00P.M. The Pledge of Allegiance was said. ROLL CALL: Roll call was not done but the recording secretary noted the following: PRESENT: Mr. Faille Mr. Mahoney Mr. Allocco Mr. Oakes (ai EXCUSED: Mr. Simmons (a) Mr. Paul Mr. Hughes, School Board Representative Chmn. Smith MR. Celli Mr. Keough ALSO PRESENT: Jan King, Growth Management Manager Dorri Bosworth, Zoning Technician Rich Stringer, City Attorney Linda Loshl, Recording Secretary ANNOUNCEMENTS: Chmn. Smith announced Mr. Paul and Mr. Simmons have excused absences tonight and Mr. Oakes will be voting. APPROVAL OF MINUTES: Motion by OAKES/KEOUGH to approve the minutes of July 21, 2005. A voice vote was taken and the minutes of July 21, 2005 were approved unanimously. OLD BUSINESS: NONE NEW BUSINESS: QUASI-JUDICIAL PUBLIC HEARING - SITE PLAN AND CONDITIONAL USE PERMIT -1034 & 1109 INDIAN RIVER DRIVE - PARADISE MARINA RESORT - 39 UNIT HOTEL & RESTAURANT - CR AND CWR ZONING DISTRICTS Chmn. Smith opened the hearing and swore in the applicant, staff and all who were to speak. Mr. Bruce Moia, MMB Engineering, Vero Beach, FL presented the application. He explained the project contains two parcels, one on each side of Indian River Drive, will be a hotel with restaurant use, and he is aware of issues that have not been PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 4, 2005 resolved. He reported that they did not obtain all the variances requested but were approved for one and will be returning with a revised site plan so as to be in compliance with the land development code. They will be presenting the project in two phases, with Phase I on the west side of Indian River Drive fully compliant with the code and this is the only one they will present for approval tonight. Damien Gilliams, the applicant, 1623 U.S. Highway 1, Sebastian, FL gave a background on the progression of the project. He explained how he offered the property to the city for purchase, which did not happen. As some of the neighboring properties had made improvements, he would like follow suit with his property. Ms. King mentioned that a new plan was delivered to the Growth Management Office yesterday morning to be used at the Board of Adjustment meeting last night and the applicant would like to have these plans passed out to this board. Mr. Moia said the only significant change is on the west side where the building setback is brought into compliance. Ms. King continued that staff did a cursory review yesterday and they found the relocation of the buildings on the east side of Indian River Drive and the elimination of the second floor balcony on the motei on the western property. The Engineering Department also provided some additional comments yesterday. The project was originally reviewed as an entire site and staff had no indication until today that it was going to be a phased development or that the west side would be requested tonight to be reviewed as a stand-alone site. Staff would like to review it again based on the new information. She confirmed that the BOA granted a variance reducing the western property perimeter buffer from ten feet to five feet along the Washington Plaza property line. All other requested variances were denied. Mr. Stringer explained that staff would like a continuance, as they have not had time to analyze it as a stand-alone parcel as they had reviewed it in its entirety using both east and west parcels for specific calculations to code. Ms. King and Ms. Bosworth explained how a phased project would work and what would have to be reviewed in order for them to give the commission an accurate recommendation. Discussion continued regarding the review of the very recent revisions and Mr. Stringer offered that under normal circumstances staff review process takes approximately six to eight weeks and in this case they were given a modification yesterday morning and then were informed this afternoon that half the plan has been deleted. Mr. Moia said he believed the changes did not compromise the plan and were intended to reduce the number of variances. Some of the commissioners would like to see a complete plan presented but commented they would go along with other commissioners if they wanted to proceed with review of the west side only. Mr. Stringer tried to explain if the west side is reviewed on its own, nothing from the east side could be considered unless the plan is reviewed as a whole phased project. Mr. Gilliams inferred to a possible conflict of interest with Ms. King, and Ms. Bosworth noted for the record that she has worked with Ms. King for sixteen years and there has never been a conflict of interest. Staff and Mr. Stringer suggested flip- flopping the location of the building to the north side of the property in order to save some of the specimen and protected trees. The LDC allows for parking credit up to 10% if specimen trees are preserved on a site. Mr. Moia said they are saving two trees near the stormwater retention pond. Will Siebert, 1013 Indian River Drive, Sebastian, had concerns that the plan he iooked at in the Growth Management Office is no longer the plan being presented. As a citizen he wants to be assured that the plan has been reviewed by the engineering department for 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 4,2005 proper drainage as well as being reviewed for parking, FAR requirements, and other pertinent code requirements. Maryann Krueger, 121 Miller Drive, Sebastian, as a conservationist she expressed concerns about pollutants getting into the river. Trish Adams, 47 River Oak Drive, Sebastian, agreed with Mr. Oakes regarding private property rights but feels there is a limit to the extent of development. Mr. Keough asked about who would be responsible for installing the lighted walkways, like the ones in front of Capt. Hiram's. Ms. King said the code requires a developer to provide a crosswalk where pedestrians will be crossing a street within their development. The lights along the crosswalks on Indian River Drive were done by the city. Mr. Oakes suggested a 3D-day continuance to give the applicant and staff time to review the changes the applicant has proposed this evening. During discussion on the wording of a motion Ms. King offered that a few years ago the Planning and Zoning commission would include within site plan approval motions the name of the engineer of record, site plan date, etc. and she asked that the motion include that the applicant provide the city with a revised plan that only shows the west property with only the west property calculations. Mr. Stringer tried to clarify the motion as treating the west side as a separate site plan. He added that staff is asking for a submittal of a record copy of that site plan deleting the information from the east side so that in the future the file will be clear and accurate. After Ms. King inquired about the applicant's submittal to St. John's Water Management for permits and Mr. Moia could not confirm they had done so and Mr. Gilliams said that they have been made to constantly change the site plan for the east side, Mr. Moia said he didn't think it was relevant. Mr. Stringer explained the relevance as it being two separate items. Either it is a totally independent site and you have a motion to approve the site plan on the west side of Indian River Drive and it would stand alone or it could be considered a single site and what you do tonight is say you approve the west side with a condition upon gelting an approval on the east side. That way you will be tying the two together. MOTION by Celli/Allocco to approve the Paradise Marina Enterprises Inc. site plan for the portion west of Indian River Drive contingent upon a lelter from staff saying the drainage is stand alone and conditional upon receiving site plan approval to develop the east portion. ROLL CALL: Mr. Keough Chmn. Smith Mr. Celli Mr. Allocco yes yes yes yes Mr. Mahoney Mr. Faille Mr. Oakes yes yes yes The vote was 7-0. Motion passed unanimously. Mr. Stringer added that administratively the applicant provide staff with a modified copy and show the east side as future phase so it is in the file. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 4, 2005 PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - LAND DEVELOPMENT CODE AMENDMENT - ARTICLE XIV, TREE PROTECTION AND LANDSCAPING - ORDINANCE 0-05-18 Ms. Bosworth reported that she met with two members of the tree board, Mr. Minner, Ms. King and Building Department Director Mr. Eseltine. They were in agreement with the items that needed to be cleaned up but did not have enough time to make a presentation for this meeting. Since the ad had been run she requested the board continue the hearing until the next meeting of August 18. MOTION by Smith/Celli to continue the public hearing to the August 18, 2005 meeting. A voice vote was taken and the motion passed unanimously. MEMBER MATTERS: NONE NONE CHAIRMAN MATTERS: Mr. Gilliams interjected that he wouid like the Commission's views on what they would like to see done at his property on the east side of Indian River Drive. There was discussion about the flood elevation for the east side. Mr. Siebert called for a point of order about the discussion on the east side. Mr. Stringer said that was the public hearing and his point of order has been taken. Discussion ensued between Mr. Siebert and the board when Mr. Stringer said there shouid be no discussion from the board to the floor and from a legal standpoint he has a problem with discussing the plan outside the scope of a quasi-judicial hearing. Mr. Stringer advised against discussion about the east side because it is quasi-judicial. DIRECTOR MATTERS: NONE Chmn. Smith adjourned the meeting at 8:43 p.m. (8/8/05 sbJ) 4