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Home My WebLink About10162008 PZ Minutes CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER 16, 2008 Chmn. Paul called the meeting to order at 8:40 P.M. Rrn i cni i PRESENT: Mr. Paul Mr. Buchanan Mr. Dodd Mr. Srinivasan Mr. Hepler Mr. Cardinale Mr. Neuberger EXCUSED: Mr. Blais and Mr. Simmons ALSO PRESENT: Rebecca Grohall, Growth Management Director Dorri Bosworth, Zoning Technician Robert Ginsburg, Interim City Attorney Laura Barr, Recording Secretary Ms. Quimby, School Board ANNOUNCEMENTS: NONE APPROVAL OF MINUTES: Regular Meeting of 9/18/08 MOTION by Dodd/Buchanan to approve the minutes of 9/18/08. A voice vote was taken and the minutes were approved unanimously. OLD BUSINESS: NONE NEW BUSINESS: ~~ ~~. ~~ C.0 '~ V1 ~ 'G ~. ~ V` t~ •~ 41 p ~N QUASI-JUDICIAL PUBLIC HEARING -SITE PLAN AND CONDITIONAL USE PERMIT -BURGER KING - 2,051 SF RESTAURANT W/DRIVE-THRU LANES - 9100 SEBASTIAN BOULEVARD - CROSSROADS PLAZA, LLC/FAST FOOD ENTERPRISES #2, LLP -COMMERICAL GENERAL (CG) ZONING DISTRICT Chmn. Paul opened the hearing and called for ex parte communication. He mentioned for the record that Mr. Howder is his neighbor. Chmn. Paul then swore in everyone that would speak during the hearing. Mr. Todd Howder of MVB Engineering, Vero Beach, FL presented the application. He described the project location as immediately adjacent to the Sunoco gas station on CR512. The Burger King will have three access points, a shared access off CR512, a rear drive to the north exiting on Dryden Avenue, as well as another access point on Q H E }~ ~ ~m~ ` v ~O ~ a~ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 16, 2008 Sebastian Crossings Boulevard. The project will utilize the existing drainage system approved for the Sunoco project. Mr. Howder commented that he and the applicant have worked closely with the Growth Management Department to present a plan that meets the CR512 Overlay District requirements and all municipality codes. Ms. Bosworth reviewed the staff report. The parking exceeds our requirements by eleven spaces. There were some changes staff requested on the landscape plan. The applicant also needs a conditional use approval for the drive-thru facility. Staff recommends approval of the site plan and conditional use permit. Chmn. Paul asked if the applicant was willing to comply with the recommendations from staff. Ms. Bosworth said Mr. Howder did drop off the requested easements and Growth Management would be forwarding them on to the attorney for his review. The applicant is in agreement with the requested landscape revisions. Mr. Neuberger asked about the nearby cemetery and Ms. Bosworth said that was not in the city limits and does not know of any problems occurring there. She added that the city's environmental planner walked the site and found tortoises and some protected or specified air plants that she is going to work with the contractor and developer to remove those and bring them down to McKee Gardens. Mr. Howder added that the developer had to get an environmental permit to move the plants. Ms. Grohall added that the state no longer allows entombment of the tortoise and the developer must do avoidance or relocation. No one spoke in favor or opposition. Chmn. Paul closed the public hearing. Mr. Howder asked that in the supplemental information under conditional use it notes construction of a 2,528 SF Burger King that should actually be 2,051 square feet. MOTION by Dodd/Neuberger to approve the site plan for Burger King at 9100 Sebastian Blvd. with conditions listed in the staff report. ROLL CALL: Mr. Paul yes Mr. Buchanan yes Mr. Dodd yes Mr. Cardinale yes Mr. Hepler yes Mr. Neuberger yes Mr. Srinivasan yes The vote was 7-0. Motion passed unanimously. MOTION by Dodd/Srinivasan to approve the conditional use permit for the Burger King drive-thru facilities at 9100 Sebastian Blvd. ROLL CALL: Mr. Neuberger yes Mr. Buchanan yes Mr. Hepler yes Mr. Cardinale yes Mr. Paul yes Mr. Dodd yes Mr. Srinivasan yes The vote was 7-0. Motion passed unanimously. CHAIRMAN MATTERS: Chmn. Paul asked about the status of the development on Barber Street near Park Place. Ms. Grohall explained that their extension is until July 2009 and staff did contact them about the condition of the silt fence. They will speak with the developer again if 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 16, 2008 needed. Chmn. Paul then asked about the old Hurricane Harbor parking lot and Ms. Grohall said they will check on it. MEMBERS MATTERS: Mr. Cardinale asked about the timeframe of the Land Development Code revisions. Ms. Grohall said look for it around January 2009. Mr. Srinivasan asked to be informed of who is at the commission meetings and why. Chmn. Paul suggested if he didn't know who someone was he could approach the person or ask staff or another commissioner. Ms. Quimby stated that statutorily a school board member is supposed to be on every planning and zoning commission in the county because the school board reaches every municipality. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: Mr. Ginsburg greeted the commission and commended them on working through the comprehensive plan information. Chmn. Paul adjourned the meeting at 9:13 p.m. (10/22/08 sbl) 3