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HomeMy WebLinkAbout09232010 PZ MinutesChmn. Paul called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: OLD BUSINESS: NONE ALSO PRESENT: NEW BUSINESS: CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING SEPTEMBER 23, 2010 PRESENT: Mr. Roth Mr. Cardinale Mr. Dodd Mr. Paul Mr. Simmons Mr. Durr (a) Srinivasan Mr. Hepler Mr. Reyes (a) Rebecca Grohall, Growth Management Director Robert Ginsburg, City Attorney Dorri Bosworth, Zoning Technician Susan Lorusso, Recording Secretary o C O .c m C N CIS E a- E aU� NNW ANNOUNCEMENTS: NONE APPROVAL OF MINUTES: MOTION by Dodd /Roth to approve the August 5, 2010 regular Planning and Zoning minutes. Motion was approved. MOTION by Roth /Hepler to approve the August 19, 2010 LPA meeting minutes. Motion was approved. A. QUASI- JUDICIAL PUBLIC HEARING SITE PLAN MODIFICATION AND CONDITIONAL USE MULLIGAN'S 806 INDIAN RIVER DRIVE RESTAURANT WITH BAR MARINA CR (COMMERCIAL RIVERFRONT) ZONING DISTRICT Chmn. Paul opened the hearing and asked for ex parte communication, there was none. Mr. Ginsburg swore in everyone that would be speaking at this hearing. Representing the applicant was Jeffrey Brasseur of Brasseur Drobot Architects, West Palm Beach, FL. Mr. Brasseur explained that they are requesting a site plan modification which involves interior remodeling, exterior elevation alterations, and providing off -site parking utilizing the approved parking in lieu of program. Mr. Brasseur described the site and pointed out on the site plan where the changes would take place. He also stated that the colors chosen were from the approved color wheel and would be blue for the body, yellow trim, and terracotta for the awnings. tna cD cc= ,ma o2 REED id PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF SEPTEMBER 23, 2010 Ms. Grohall reviewed the modification to the Land Development Code with regard to the parking regulations. She added that City Council did take action on that and unanimously approving a parking in lieu of program and modify the parking requirements. She said that would allow for a greater percentage of off -site parking. Ms. Grohall also stated that the City Council approved a parking agreement for 30 spaces of public parking in the parking in lieu of program for the use of Mulligan's in meeting their site requirements. She concluded that staff recommends approval of the site plan modification and the conditional use permit. Mr. Durr asked if the residence on the second floor would be maintained and Mr. Brasseur said it would. Mr. Roth inquired about underground tanks noted on the site plan. Mr. John King identified himself and replied that the only underground tanks are propane tanks. Although the site had originally been approved for fuel tanks but were never installed by the previous owner, Mr. King stated that at this time there are no plans to go forward with that part. Mr. Durr also asked about the number of dock spaces and how many would be used for transient boats. Mr. King responded there are 47 slips and with the new parking in lieu of 36 will be for long term docking leaving 11 for transient, or restaurant patrons. Mr. Roth asked about the railing noted on the drawing depicted as stainless steel cable. Mr. Brasseur said the applicant had decided not to use that but instead decided to use a traditional vertical white powder coated aluminum picket railing for the second story and would correct the plan. There was discussion regarding the number of handicap spaces required and Ms. Grohall said two are required and are on this site. She added that the fee in lieu of program would not decrease the number of handicap spaces required on a site but could increase handicap parking off -site. The Commission discussed requiring the number of handicapped spaces on site being based on total parking required including the parking in -lieu spaces. Chmn. Paul as for anyone in favor of the application to speak. No one came forward. Chmn. Paul then asked for anyone in opposition to speak. The following came forward. Lewis Gray, 732 Cleveland Street, opposed the change to the parking code and was concerned about an increase in traffic on Cleveland Street. Thomas Lynch, 122 Thunderbird Drive, didn't approve of public parking usage. Ben Hocker, 124 Larchmont Ter., concerned about Toss of public parking. Mr. Ginsburg swore in Mr. Gilliams prior to his testimony. Damien Gilliams, 1623 US Highway 1, questioned the method of noticing abutting property owners. Chmn. Paul asked staff to confirm the notice process and Ms. Grohall said notices had been sent out in compliance with the Land Development Code as well as publication in the local newspaper. Mr. Gilliams stated he was opposed to parking in lieu of program and asked if it affected handicap parking requirements. As there were no other comments from the public, Chmn. Paul closed the public comment portion of the hearing. Mr. King reiterated that the application is for a modification of the outside facade and elevations of the building on an approved site plan. He added that the parking and docks have been approved since the '90's and the building remains a restaurant and bar. 2 PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF SEPTEMBER 23, 2010 Mr. Hepler asked why the meeting had been changed from the regular schedule and Ms. Grohall said the applicant was not able to meet the deadlines for the regularly scheduled meeting and to meet the noticing requirements for a quasi judicial public hearing. Mr. Hepler requested clarification on the parking issue and how it would relate to the commission's vote. Mr. Ginsburg explained the commission does have responsibility over the parking; however, the issue is whether the site plan as shown meets the code. There was further discussion about the fee in lieu of program, particularly it being a waiver and not a specific location of the parking spaces. Ms. Grohall added that the modification to the parking requirements in the LDC actually works to any business within the Commercial Riverfront and the Commercial Waterfront Residential zoning districts. She also said it is a program open to any business venture within those zoning districts. MOTION by Dodd /Simmons approve the site plan modification and conditional use for 806 Indian River Drive. Mr. Srinivasan asked for an additional handicap parking space to be included. At this point Mr. Gilliams approached the podium to speak again although the public input segment of the hearing had been closed. Chmn. Paul did not recognize Mr. Gilliams. Mr. Roth asked that the motion include the white powder coated aluminum fencing instead of the flexible steel cable. He also asked that there not be any underground tanks. Mr. Dodd amended his motion. MOTION by Dodd /Simmons to approve the site plan and conditional use permit for the property located at 806 Indian River Drive with the condition that the applicant modify the fence as they outlined during presentation. that fuel tanks located in the original site plan be removed from this site plan approval, and a third handicap space be added. ROLL CALL: Mr. Paul yes Mr. Cardinale yes Mr. Simmons yes Mr. Hepler yes Mr. Roth yes Mr. Srinivasan yes Mr. Dodd yes The vote was 7 -0. Motion passed unanimously. B. ACCESSORY STRUCTURE REVIEW SECTION 54 -2 -7.5 268 MIDVALE TERRACE 940 SF DETACHED GARAGE STEVEN M. HYDE Mr. Hyde explained he is building the garage for his vehicles and to be used for storage. Ms. Bosworth reviewed the staff report. She noted that an existing shed will be removed after the detached garage is constructed and Mr. Hyde indicated to her that he would be planting the required shrubs. Chmn. Paul noted that he is a neighbor to Mr. Hyde, and when asked by the city attorney stated that he is able to vote on the application fairly and impartially. MOTION by Srinivasan /Dodd to approve the 940 SF detached garage accessory structure at 268 Midvale Terrace. ROLL CALL: Mr. Roth yes Mr. Dodd yes 3 PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF SEPTEMBER 23, 2010 The vote was 7 -0. Motion passed unanimously. CHAIRMAN MATTERS: Chmn. Paul asked when the construction would start at the Schumann Tennis Courts. Ms. Grohall said she would check to see if a firm start date has been established. MEMBERS MATTERS: Mr. Roth mentioned that with accessory structure applications, there should be a document for the applicant to sign attesting that they would remove any structures necessary to meet the code for their new construction. Ms. Bosworth said they did in fact have a letter from tonight's applicant stating the shed would be removed upon completion of the detached garage. Mr. Dodd asked about future process under the new parking regulation. Ms. Grohall said the site plan would still be reviewed and approved by Planning and Zoning Commission. She added the parking in lieu of and if there is a payment plan and what it would entail, would be approved by City Council. Mr. Dodd added that he would like to have the site plan reviewed and approved prior to a parking agreement being reviewed and agreed upon by city council. Mr. Cardinale asked about the progress of Barber Street construction. Ms. Grohall said not much more to report since the last status update. Mr. Cardinale also asked if there is a mechanism in place to ensure that structure removal is complied with and Ms. Grohall said that can be done at the zoning inspection of the building permit. Mr. Durr asked about the landscaping at Seawinds crematorium and Ms. Grohall said she just had a meeting with representatives from Seawinds on that issue and additional landscaping will be added to the site. Mr. Hepler commented that trash is not being picked up at the houses affected by the Barber Street construction and that workers on the project have been putting their garbage into residents bins. Ms. Grohall said they need to let the City Manager's office know of this. Mr. Hepler noted 1291 Barber Street is having this problem as well as neighbors on both sides and across the street. He also noted that Waste Management has not been collecting garbage or recyclables on the designated pick -up days. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: Mr. Ginsburg stated his concerns about Mr. Dodd's comments regarding a plan for the review process when a fee in lieu of application is submitted. He said he would discuss it further with management. .adjourned the meeting at 9:11 p.m. (9/29/10 sbl) C h►■AAJ Pack Mr. Hepler yes Mr. Srinivasan yes Mr. Cardinale yes Mr. Simmons yes Mr. Paul yes 4