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Home My WebLink About10-04-2007 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER 4, 2007 Vice-Chairman Paul called the meeting to order at 7:00 P.M The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Mahoney Mr. Buchanan Mr. Morrison Mr. Cardinale Mr. Paul EXCUSED: Mr. Simmons and Mr. Keough ~; ALSO PRESENT: Rich Stringer, City Attorney Rebecca Grohall, Growth Management Director Dorri Bosworth, Zoning Technician Linda Lohsl, Recording Secretary Lenora Quimby, School Board Representative ANNOUNCEMENT: Mr. Paul announced Mr. Keough and Mr. Simmons are excused. APPROVAL OF MINUTES: September 6, 2007 E a'L ~~ ~: ~t:: ' c ~:. Q ~ ~ o~~ ~~~ 3, ~ v~ ~: ~ N ~,. _. a ti- MOTION by Cardinale/Mahoney to approve the minutes of September 6, 2007. A voice vote was taken and the minutes were approved unanimously. OLD BUSINESS: NONE NEW BUSINESS: ACCESSORY STRUCTURE REVIEW - SECTION 54-2-7.5 - 1326 COVERBROOK LN - 17.3' x 38.6' DETACHED GARAGE -WALTER RAYNES Walter and Sandy Raynes presented their application. Ms. Bosworth reviewed the application for the commission. They will be removing the detached metal carport and replacing it with this garage. It meets all the codes and staff recommends approval. MOTION by Morrison/Cardinale to approve the accessory structure at 1326 Coverbrook Lane. ROLL CALL: Mr. Morrison yes Mr. Buchanan yes Mr. Cardinale yes Mr. Paul yes Mr. Mahoney yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARINGS -CONDITIONAL USE PERMITS - MODEL HOME RENEWALS: 1. 1473 Barber St. - CEMCO 2. 100 8~ 102 Carlisle Way -Burgoon Berger Construction Corp. Mr. Paul opened the hearing and swore in staff and anyone to speak. Ms. Bosworth reviewed both applications and suggested the commission make two separate motions. There have been no code enforcement violations at the CEMCO site. It meets all requirements and staff recommends approval. The other two model homes are in the Sebastian Crossing subdivision off CR 512. There have been some concerns with their off premise signs however, they have now gotten back on track with what is allowed by code. Staff also recommends approval of these model home renewals. Damien Gilliams called out from the audience inquiring about general public input. Mr. Paul said each quasi-judicial hearing on the agenda allows for public input on those particular items. There were no other comments from the public. The commission had no questions or concerns. MOTION by Morrison/Buchanan to approve the conditional use permits for aone-year period for CEMCO at 1473 Barber Street and Burgoon Berger at 100 & 102 Carlisle Way. ROLL CALL: Mr. Mahoney yes Mr. Morrison yes Mr. Buchanan yes Mr. Cardinale yes Mr. Paul yes The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING - CONDITIONAL USE PERMIT - RESIDENTIAL DEVELOPMENT IN A COMMERCIAL PUD -THE POINTE AT CHESSER'S GAP TOWNHOUSES - FLEMING STREET Mr. Paul opened the hearing and asked for any ex parte communication. He mentioned that one of the presenters, Todd Howder, is his neighbor. Mr. Paul swore in all that were to speak. Doug Vitunac, attorney for Richard Jones, presented the application. He explained that the residential use would be less intrusive to the neighborhoods than the commercial use currently allowed. Ms. Bosworth explained the specific criteria for conditional use. Staff recommends approval with the condition that the 1.23 acres be deeded back to the Chesser's Gap POA after construction and before final platting. The commissioners asked questions about scrub jays, traffic, and site conditions. No one spoke in favor of the project. The following were opposed: Bruce Lee, 103 Harbor Point Dr. Maureen Mathewson, 108 Harbor Point Dr. Patricia Keller, Collier Creek Estates Larry Ferrie, Harbor Point Drive 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 Robert Johnson, Easy Street Eleanor Lee, 103 Harbor Point Dr. Damien Gilliams, 1623 U.S. 1 Mr. Vitunac offered rebuttal of the public comments and read case law as it relates to conditional use permit approval. Mr. Howder reviewed the traffic study and sewage calculations. MOTION by Morrison/Buchanan to approve the conditional use permit for residential development in a commercial PUD by The Pointe at Chesser's Gap Townhouses with the condition noted in the staff report. ROLL CALL: Mr. Paul yes Mr. Mahoney yes Mr. Cardinale yes Mr. Buchanan yes Mr. Keough yes The vote was 5-0. Motion passed unanimously. There was a five minute break. The meeting resumed at 9:00 p.m. and all commissioners were present. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -SITE PLAN - THE POINTE AT CHESSER'S GAP TOWNHOUSES - FLEMING STREET - CHESSER'S GAP, LLC -PUD-C ZONING DISTRICT PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - PRELIMINARY PLAT -THE POINTE AT CHESSER'S GAP SUBDIVISION - 14.5 ACRES - 116 UNITS Mr. Paul opened the hearing and swore in staff and all wishing to speak. Ms. Bosworth asked that the site plan and preliminary plat be reviewed together however; the commission should make separate motions for recommendation to city council. She then went over the staff reports and recommendations. She reviewed the conditions for approval. Todd Howder, MBV Engineering, said no residential buildings would abut the crematorium at Seawinds. The commissioners discussed building colors, traffic and school bus route. MOTION by Morrison/Mahoney to recommend city council approve the site plan for The Pointe at Chesser's Gap Townhouses, Fleming Street with the conditions noted in the staff report. ROLL CALL: Mr. Buchanan yes Mr. Cardinale yes Mr. Morrison yes Mr. Paul yes Mr. Mahoney yes The vote was 5-0. Motion passed unanimously. MOTION by Morrison/Mahoney to recommend city council approve the preliminary plat for The Pointe at Chesser's Gap subdivision on 14.5 acres for 116 units with the conditions noted in the staff report. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 ROLL CALL: Mr. Morrison yes Mr. Mahoney yes Mr. Buchanan yes Mr. Paul yes Mr. Cardinale yes The vote was 5-0. Motion passed unanimously. CHAIRMAN MATTERS: Mr. Paul, as a representative of the Rotary Club, asked Ms. Grohall about the area around the Rotary Club's pier being in need of cleaning out. She said there are very specific state guidelines and they would be available to set time aside to speak with him. Mr. Paul asked about commissioners' ability to enter a property that has an application pending. Mr. Stringer said it is not standard procedure as accessory structures are generally being added to a residence and should be addressed on a case by case issue. Mr. Paul asked about the status of the Captain and the Cowboy site work. He then noted it was his pleasure working with Mr. Allocco and wished him well in his future endeavors. MEMBERS MATTERS: Mr. Mahoney read a personal commentary regarding issues that have come under public scrutiny. Mr. Cardinale agreed with Mr. Paul about Mr. Allocco. Mr. Morrison asked that Mr. Gilliams be allowed to address the commission. Damien Gilliams, 1623 U.S. 1, Sebastian, thanked Mr. Morrison for recognizing him. He commented that the agenda does not have a public input segment and thought it should. He mentioned he was looking to develop another marina on Indian River Drive and asked if parking, drainage and landscape be required. Ms. Bosworth said yes. He commented he was not in favor of the outcome of Mr. Allocco's removal from the board. He asked about the status of the resolution for electrifying his docks. Mr. Stringer said he is working on a total resolution rather than a "piece-meal". Mr. Morrison expressed his opinion of the city council and Mr. Allocco's removal. DIRECTOR MATTERS: Ms. Grohall informed the commission that Mr. Keough's term expires November 1 and he sent an a-mail stating he would not be seeking another term. The city will be soliciting applications for planning and zoning board members. ATTORNEY MATTERS: In answering Mr. Paul, Mr. Stringer said they are not only legislative but also judicial in their functions and cautioned them that some public comment could compromise the commission's decisions in the future. Mr. Paul asked staff about having agenda items in the back of the room for review and Ms. Bosworth said it is scanned and available through the website. Also, the notices have a statement regarding where and when packet information can be viewed. Mr. Paul adjourned the meeting at 9:48 p.m. (10/8/07sb/) 4