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HomeMy WebLinkAbout09-06-2007 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 6, 2007 Chairman Allocco called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Mahoney Mr. Cardinale Mr. Simmons Mr. Keough Chmn. Allocco EXCUSED: Mr. Buchanan, Mr. Morrison and Mr. Paul ALSO PRESENT: Rich Stringer, City Attorney Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Dorri Bosworth, Zoning Technician Linda Lohsl, Recording Secretary ANNOUNCEMENT: Chmn. Allocco announced Mr. Buchanan, Mr. Morrison and Mr. Paul are excused. APPROVAL OF MINUTES: August 2, 2007 v MOTION by Keough/Allocco to approve the minutes of August 2, 2007. A voice vote was taken and the minutes were approved unanimously. OLD BUSINESS: 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 Each of the commissioners noted they were contacted by Mr. Robert Nilsson regarding his property and concerns with this issue. Mr. Stringer explained that the restriction on the placement of fill, as noted in the title of the ordinance, is being removed for consideration. He described the various methods of measuring height, which could be applied to properties along the riverfront. The request from City Council is to look at changes as to the way it is measured as far as the provision on flood elevation. He informed the commission that they are to make a recommendation to city council on any changes to the code. ~ '~~; ~ p ~ ~.:.~ ~ ~. ~ ~ ~ ~~ _ O ~~ _.. ~ ~ N ~ ~ ~• ~. Q ~~ 0 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 2007 Chmn. Allocco expressed his views of the code and would prefer it remain as it is currently written. Mr. Mahoney asked if there were surveys available to use as a benchmark and Mr. Stringer said the appraiser's office has property information available. Ms. Bosworth added how the FEMA benchmark is determined. Mr. Cardinale asked how many properties would be affected by this change. Ms. Bosworth figured about 30 to 40 parcels, with some connected to west side properties. In answering the question about the county's requirements, Mr. Stringer said it is measured at 35 feet from natural grade or minimum flood elevation whichever is higher. Chmn. Allocco swore in people wishing to speak. Joseph Weisman, 5163 N. A1A, Ft. Pierce, FL, is a landowner in the area. He was confused on the method of measuring elevation. Mr. Stringer explained that the only change would be to add the word front to what exists now in the LDC. Mr. Weisman feels the city will be impacting a few people for no real gain. Tom Collins, Capt. Hiram's, Indian River Drive, when he was on the riverfront committee they encouraged the 25 feet on the east side of the road. He asked for minutes from previous City Council meetings where the new height measurement change was discussed. Ruth Sullivan, Indian River Drive, in favor of protecting the riverfront community. Chris Pinson, 1515 Indian River Drive, Sebastian Entertainment Center, which was recently redeveloped from a single family structure to a commercial business. He is not in favor of raising the regulation and believes FEMA will be final word in any elevation calculation. Herman, Vero Beach, thinks the change to the code would have a negative impact to the property values on the river. Willard Siebert, 1013 Indian River Drive, his family owns three parcels along the riverfront. His family wants to preserve the properties on the riverfront but not at a sacrifice of property owner rights. Damien Gilliams, 1623 U.S. 1, Sebastian, reviewed all the previous comments and agreed with many of them citing personal property rights. Regarding proposed revisions to the Land Development Code, Mr. Stringer recapped quoting LDC 54-1-2.7(3) "In its deliberations, Planning and Zoning Commission shall consider the following criteria." He then summarized consistency with the comp plan, conformance with the ordinances, changed conditions, land use compatibility, adequate public facilities, natural environment, economic effects, orderly development, public interest, and other matters that you deem appropriate. He explained that the commission could either recommend approval or denial of the proposed ordinance with or without changes. The commissioners agreed that they favor personal property rights. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 2007 MOTION by Allocco/Simmons that the Planning and Zoning Commission does not recommend approval of proposed ordinance and is not proposing any recommended changes. ROLL CALL: Mr. Keough yes Mr. Cardinale yes Chmn Allocco yes Mr. Mahoney no Mr. Simmons yes The vote was 4-1. Motion to recommend denial passed. NEW BUSINESS: ACCESSORY STRUCTURE REVIEW -SECTION 54-2-7.5 - 578 CROSS CREEK CIRCLE - 24' x 30' DETACHED CUSTOM CARPORT - M/M STORFER Ms. Bosworth reviewed the application for the commission. There are some deed restrictions in San Sebastian Springs where the front garage door cannot face the road. The carport matches the structure and color of the house and staff recommends approval. Ms. Storfer stated she has a letter of approval from the homeowners association. Ms. Bosworth said the commission only reviews the application as it relates to our code and does not become involved with the deed restrictions. MOTION by Keough/Allocco to approve the accessory structure at 578 Cross Creek Circle. ROLL CALL: Mr. Mahoney yes Mr. Keough yes Chmn. Allocco yes Mr. Cardinale yes Mr. Simmons yes The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARINGS -CONDITIONAL USE PERMITS - MODEL HOME RENEWALS: 1. 1078 & 1080 Barber St. -Holiday Builders 2. 1242 Barber St. -Adams Homes of NW FL 3. 1631 Barber St. -Green Brothers Construction Ms. Bosworth suggested hearing all three applications and making one motion. The Holiday Builders home has been there about six years; the parking is behind the two homes. The Adams Homes is a standard renewal and they have not had any violations or complaints. The Green Brothers home has their parking backing out onto Periwinkle and not Barber. MOTION by Keough/Cardinale to approve the conditional use permits for aone-year period for the three model home applications for Holiday Builders, Adams Homes and Green Brothers. ROLL CALL: Mr. Keough Mr. Cardinale Mr. Mahoney yes Chmn. Allocco yes yes Mr. Simmons yes yes 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 2007 The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING -CONDITIONAL USE PERMIT -NEW MODEL HOME - 449 BRIARCLIFF CIRCLE, ASHBURY SUBDIVISION - GREEN BROTHERS CONSTRUCTION, INC. William Green, Green Brothers Construction presented the application. Ms. Bosworth added that the applicant would like to utilize the parking at the clubhouse. Staff recommends approval with the condition that the permit will not be issued until the clubhouse obtains of c/o. MOTION by Simmons/Keough to approve the conditional use permit for a new model home at 449 Briarcliff Circle, Ashbury Subdivision for Green Brothers Construction, conditional upon the clubhouse obtaining a certificate of occupancy. ROLL CALL: Mr. Keough yes Mr. Mahoney yes Mr. Cardinale yes Mr. Simmons yes Chmn. Allocco yes The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING - RIVERFRONT OVERLAY DISTRICT WAIVER - 1606 INDIAN RIVER DRIVE, CAPTAIN HIRAM'S -SECTION 54-4- 21.A.5(b)(9) -AWNING LENGTH TO EXCEED 30% OF THE FACADE Chmn. Allocco opened the hearing and swore in staff and all wishing to speak. Tom Collins of Capt. Hiram's presented the application. He stated that the facility lost two awnings in the hurricanes. In replacing the structure to the south they inadvertently made it larger. Ms. King added the length of the awning is 60 feet and the code would only allow a 46 ft. long awning, which would have to be segmented and not continuous. Mr. Mahoney noted on the site plan there is a proposed one-story storage building and he would like it removed from this site plan so there is no confusion about what is approved or denied tonight. MOTION by Keough/Allocco to approve the waiver request from Section 54-4- 21.A.5(b)(9) Captain Hiram's awning. ROLL CALL: Mr. Mahoney yes Chmn Allocco yes Mr. Simmons no Mr. Cardinale yes Mr. Keough yes The vote was 4-1. Motion passed. CHAIRMAN MATTERS: NONE 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 2007 MEMBERS MATTERS: Mr. Keough asked what are the restrictions for a person to have an RV on their property with a septic system and the ability to hook up to county water. Ms. King said it is not allowed. Ms. Bosworth added unless there is an approved building permit and the RV is viewed as a temporary trailer. Mr. Simmons commented on his no vote for the waiver, as it is easier to ask for forgiveness rather than permission. Chmn. Allocco asked about the large boat on the corner of Barber and Englar as well as a large RV that also is parked at the property. Ms. King said they would look into it. Mr. Keough commented on the irony of Mr. Gilliams stating his support for events in the park. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: Mr. Stringer said he would check to see if council wants to bring the issue of not filling in the waters. We can be more restrictive than the state in that matter. Chmn. Allocco adjourned the meeting at 9:24 p.m. (9/7/07 sbl) 5