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Home My WebLink About12072006 PZCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 7, 2006 Chmn. Allocco called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. Rn~ i rni i PRESENT: Mr. Simmons Mr. Mahoney Chmn. Allocco Mr. Morrison (a) Mr. Buchanan (a) Mr. Oakes EXCUSED: Mr. Cardinale Mr. Paul Mr. Keough ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Dorri Bosworth, Zoning Technician Rich Stringer, City Attorney Linda Lohsl, Recording Secretary t~'i s„u c ~ ~" (~. ~ ~. ~ ~ ~_ ~' ~ (_A ~. O~ ~ ~~ i 4 ANNOUNCEMENTS: Messrs. Keough, Paul and Cardinale are excused and Messrs. Morrison and Buchanan will be voting tonight. APPROVAL OF MINUTES: P&Z Regular Meeting 11/09/06 MOTION by Simmons/Oakes to approve the minutes of November 9, 2006. Motion passed unanimously. OLD BUSINESS: NONE NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING -CONDITIONAL USE PERMIT - NEW MODEL HOME - 451 BRIARCLIFF CIRCLE, ASHBURY SUBDIVISION -ADAMS HOMES Chmn. Allocco swore in the applicant, staff and all who would speak. Ms. Bosworth reviewed the staff report and made specific notation about the lot layout, parking for model homes and explained the temporary parking plan. Mr. Clay Patton of Adams PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 7, 2006 Homes made himself available to answer any questions. The commissioners were in agreement with the parking plan. MOTION by Oakes/Morrison to approve the conditional use permit for one year for Adams Homes model home at 451 Briarcliff Circle, Ashbury Subdivision. ROLL CALL: Chmn Allocco yes Mr. Morrison yes Mr. Simmons yes Mr. Mahoney yes Mr. Buchanan yes Mr. Oakes yes The vote was 6-0. Motion passed unanimously. B. QUASI-JUDICIAL PUBLIC HEARING -SITE PLAN MODIFICATION - CAPTAIN HIRAM'S, 1606 INDIAN RIVER DRIVE - 1460 SF SECOND- FLOOR ADDITION AND 96 SF SERVICE BAR - CWR (COMMERCIAL WATERFRONT RESIDENTIAL) ZONING DISTRICT Chmn. Allocco swore in the applicant, staff and anyone wishing to speak. Mr. Thomas Collins deferred to the staff report. Ms. King reviewed the staff report. She said this is a major modification involving a 1460 sf second floor addition over the kitchen of the existing building and an additional 8'X12' walk-up service bar in the sand bar area. There is a letter from the engineer confirming the 96 sf bar will not have an effect on the drainage in the sand bar area, and Floor Area Ratio calculations were discussed. Ms. King explained that the second floor addition could possibly be used by guests for group meetings and in so doing the applicant was required to show parking for that area. She made mention that if they ever choose to expand the Tiffany Room into this area, they would have to come back for a modification of site plan and parking would be required for that area. MOTION by Morrison/Oakes to approve the site plan modification for Captain Hiram's, 1606 Indian River Drive. ROLL CALL: Mr. Mahoney yes Chmn. Allocco yes Mr. Buchanan yes Mr. Morrison yes Mr. Oakes yes Mr. Simmons yes The vote was 6-0. Motion passed unanimously. C. QUASI-JUDICIAL PUBLIC HEARING -SITE PLAN & CONDITIONAL USE PERMIT - SHOPPES OF SEBASTIAN II, PHASE 2 -STONY POINT DRIVE AND CR 510 - 12,600 SF RETAIL BUILDING - CL (COMMERCIAL LIMITED) ZONING DISTRICT Chmn. Allocco swore in the applicant and anyone wishing to speak. Mr. Jack Wilcox of Blue Ribbon Sebastian, LLC presented the application. Ms. Bosworth presented the staff report and noted that a lighting plan has not been received. Commissioners asked questions pertaining to setbacks, drainage, parking and lighting. The following people spoke: 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 7, 2006 Vicky Lee Santano, 132 Morgan Circle, Sebastian River Landing, had concerns about the zone change to the east side parcel. Cameron Owen, 104 Bellamy Trail, Sebastian River Landing, concerned about a restaurant serving alcohol. Deb Berg, 128 Morgan Circle, Sebastian River Landing, concerned about alcohol sales at businesses in the shopping plazas. In response to Mr. Oakes question, Ms. Grohall said that all applications for liquor sales must be reviewed and signed off by the Growth Management Department to verify the proposed site is within the proper zoning setbacks of schools and churches. There was extensive discussion regarding zoning and land use designation and changes. Peter Puzo, 243 Stony Point Road, Sebastian River Landing, agrees with neighbors' concerns and said Mr. Wilcox did follow through with all he said he would do during the building of the Publix. MOTION by Allocco/Morrison approve the Shoppes of Sebastian Phase 2 with the conditions as recommended by the Growth Management staff on page 8 of the staff report for the site plan and conditional use permit. ROLL CALL: Mr. Buchanan yes Chmn. Allocco yes Mr. Oakes no Mr. Simmons yes Mr. Mahoney yes Mr. Morrison yes The vote was 5-1. Motion passed. D. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL - LDC AMENDMENT -ORDINANCE 0-07-04 -AMENDING THE CODE FOR PROPERTIES EAST OF INDIAN RIVER DRIVE TO RESTRICT PLACEMENT OF FILL AND TO MEASURE HEIGHT OF STRUCTURES FROM THE ELEVATION AT FRONT BUILDING LINE Mr. Stringer gave an explanation of flood elevations and the measurement of building height of a structure. He described the process of deciding the best way to measure, which is taking the measurement from the natural elevation. There was extensive discussion about the evolution of height measurement east of Indian River Drive. Damien Gilliams, 1623 U.S. 1, Sebastian, asked if there were any back up information on the proposed ordinance. There was discussion regarding holding workshops for input from affected property owners. Mr. Stringer explained any change to the land development code has to first go through a hearing at the Planning and Zoning level for a recommendation in favor or opposed to it. Notification of affected property owners was also discussed. MOTION by Oakes/Buchanan to recommend city council and planning and zoning have a workshop with the public to discuss this issue and staff can give a presentation and send individual notices to all property owners on the east side of Indian River Drive. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 7, 2006 Mr. Stringer asked if this joint workshop could include all riverfront development to discuss other areas of concern along the riverfront. Mr. Oakes did not want to include other issues within his motion. ROLL CALL: Churn. Allocco yes Mr. Simmons yes Mr. Buchanan yes Mr. Oakes yes Mr. Mahoney yes Mr. Morrison yes The vote was 6-0. Motion passed unanimously. E. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -LDC AMENDMENT -ORDINANCE 0-07-05 -AMENDING THE CODE TO REQUIRE A 100-FOOT BUFFER ALONG THE SEBASTIAN RIVER CONSISTENT WITH INDIAN RIVER COUNTY REQUIREMENTS There was discussion regarding what the city had in place currently and Mr. Stringer said there were no specific requirements in the code and this will bring the city in line with the county's requirements. Frank White, member of Friends of St. Sebastian River, talked about the marine life in the river. MOTION by Oakes/Simmons to recommend city council amend the LDC to require a 100-foot buffer along the Sebastian River consistent with Indian River County requirements. ROLL CALL: Mr. Buchanan yes Mr. Mahoney yes Churn. Allocco yes Mr. Simmons yes Mr. Morrison no Mr. Oakes yes The vote was 5-1. Motion passed. CHAIRMAN MATTERS: Churn. Allocco read a letter of resignation by Mr. Oakes. MEMBERS MATTERS: Mr. Oakes thanked the commission members and staff for all their help and knowledge. Mr. Mahoney asked about LDC 2-13, finality of decision of the city council on an appeal, specifically the time frame an applicant must wait to reapply. DIRECTOR MATTERS: Ms. Grohall wished Mr. Oakes success in his future endeavors. She wished everyone a happy holiday and prosperous new year. ATTORNEY MATTERS: NONE Churn. Allocco adjourned the meeting at 9:36 p.m. (12/14/06 sbl) 4