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HomeMy WebLinkAbout11172011PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING NOVEMBER 17, 2011 Chairman Dodd called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: Mr. Roth Mr. Dodd Mr. Carter Mr. Reyes EXCUSED: Mr. Qizilbash Mr. Kayser (a) Mr. Durr Mr. Hepler Ms. Hennessey (a) ALSO PRESENT: Joe Griffin, Community Development Director Jan King, Senior Planner Robert Ginsburg, City Attorney Dorri Bosworth, Planner/Secretary N � � s C � � � •� � as � �, a��� �U � 3 � � �� �� � C LO O aa U3N �'a ANNOUNCEMENTS: Chmn. Dodd stated Mr. Qizilbash and Ms. Hennessey had excused absences, and Mr. Kayser would be voting in place of Mr. Qizilbash. APPROVAL OF MINUTES: Approval of the 9/1/11 LPA minutes was moved to the LPA meeting immediately following the PZ Commission meeting. OLD BUSINESS: None NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING — SITE PLAN MODIFICATION — AY! JALISCO RESTAURANT — 1814 US HIGHWAY #1 — 1,430 SF BUILDING ADDITION WITH ADDITIONAL PARKING — CR (COMMERCIAL RIVERFRONT) ZONING DISTRICT Chmn. Dodd opened the hearing and City Attorney Ginsburg swore in anyone that was going to offer testimony. The Commissioners were asked if they had any exparte communication to disclose. There was none. Mr. Todd Howder from MBV Engineering, Inc., Vero Beach, represented the applicant, and gave a brief overview of the project, which consisted of a 1,430 SF building addition to the north side of the existing restaurant, and a new parking area for the additional 16 parking spaces to be located in the SE area of the site, bringing the total spaces to 37. The northernmost entrance, closest to the Jackson Street/US Hwy #1 intersection will be eliminated and the southern entrance off of US #1 will become a right-in only. Handi-capped parking will be relocated to a safer area. The existing exfiltration system, which is in disrepair, will be replaced with a trench drain system in the new parking area, along with a new piping system under the existing parking area. The current landscaping is good, but new infill landscaping is being proposed to bring the site up to code. More landscaping will be added along the eastern wall to additionally help create the 6-foot � � a � � O � PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 17, 2011 required buffer. The new elevations, building materials, and colors were aiso explained. There are currently 15 full-time employees with an expected 30 employees when the project is completed. Jan King reviewed staff's recommended conditions of approval which were 1) provide a Unity of Title for the new parking area property, 2) any new mechanical equipment located outside or on the roof should provide screening, 3) existing dumpster needs an opaque gate (to provide screening), and 4) supplement landscaping along eastern wall to provide better buffering. Mr. Roth had questions regarding the stop bar, and asked if the two parking spaces on the north side were handi-capped or for delivery vehicles. Mr. Howder stated they were customer parking. Mr. Roth also verified that the driveway into the new parking area had been reviewed by emergency services, discussed the proposed new landscaping, and clarified the traffic flow during the two phases. Mr. Howder explained showing the site plan on the overhead projector (ELMO). Mr. Reyes verified where the construction entrance would be and stated he did not think the building had a good fishing village theme. He questioned using the proposed tile-barrel roof vs. the existing metal roof, and suggested this project also use hard-scape materials similar to the Tire Kingdom project. Staff stated the tile-barrel roof was allowed by code, and the project was dealing with an existing building. Mr. Roth also liked the idea of the adding the hard-scape materials. Mr. Howder stated he would work with the owner to see if hard-scaping could be added in the front of the building. Mr. Hepler concurred with Mr. Reyes in that he felt a metal roof should be used since other projects had been requested to use it, also. He verified that the new bar area was included in the customer service area. Mr. Durr asked if the new landscaping would be planted on the east or west side of the east buffer wall. Staff and Mr. Howder verified it was the west side because there was not enough property left, and no irrigation. Mr. Carter also had questions regarding the buffer wall, and stated he likes the proposed elevations but would like to see fishing village hard-scaping added, also. He thanked the owners for making an investment in Sebastian. Public Input was opened. Mr. Harry Marshall, 825 Bailey Drive, was sworn in by City Attorney Ginsburg. He stated he owned the property at 707 Jackson Street, two lots east of the project. He stated he met with staff earlier and they reviewed the plan with him, which he found pleasing. He was also grateful for the investment and requested timely approvals for his business neighbor. No one spoke against the project. Staff summarized that they recommended approval of the project with the four conditions as outlined in the staff report. Mr. Durr stated he was OK with the tile-barrel roof because it was a Mexican restaurant, but he would also like to see nautical hard-scaping added to the site. Mr. Dodd stated he had no issues with the elevations, either. MOTION by Roth/Durr to approve the site plan for Ay! Jalisco with the four staff conditions including a fifth one to have the developer and staff work together to incorporate a fishing village rope/post railing on the north and, if feasible, south sides of the building in areas that are safe for pedestrian and vehicular traffic. ROLL CALL: Mr. Durr yes Mr. Kayser yes Mr. Hepler yes Mr. Reyes yes � PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 17, 2011 Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 7-0. Motion passed. B. QUASI�JUDICIAL PUBLIC HEARING — SITE PLAN MODIFICATION — MULLIGAN'S RESTAURANT 8� MARINA — 806 INDIAN RIVER DRIVE — MARINA OFFICE, OBSERVATION DECK, DUMPSTER AREA, AND PAVING OF PARKING AREA — CR (COMMERCIAL RIVERFRONT) ZONING DISTRICT Chmn. Dodd opened the hearing and City Attorney Ginsburg swore in anyone that was going to offer testimony. The Commissioners were asked if they had any exparte communication to disclose. There was none. Mr. David Phillips of Sustainable Engineering & Design reviewed the projecUsite plan on the overhead projector. He did a summary of the new traffic flow and pavement changes, the dumpster relocation with a new enclosure to match the building, the addition of a 10 X 10 marina office, new elevations, ADA accessibility up-grades, and a drainage explanation. He stated the SJRWMD permit had been obtained. A new observation pier, also shown on the site plan, which is being designed by Coastal Engineering, Inc., was in the process of getting the Army Corp. of Engineers permit. A note was added to the site plan that the pier was to be used for observation, fishing tournaments, judging, a marina overlook, and not for seating. Mr. Phillips also reviewed the new infill landscaping being added to compliment the existing. Jan King summarized the proposed modifications and gave a brief history of the site. She noted comments from other jurisdictional agencies have been addressed, and then she reviewed staff's recommended conditions for approval. Ms. King also went over comments from the city's consulting engineer and explained how they had been addressed. Mr. Dodd expressed his concerns regarding the pervious concrete being used for the parking spaces, and impurities over-fiowing into the river. Mr. Phillips stated he thought the problems would be avoided with proper construction methodology — not sealing off the sub-grade, and good maintenance. Discussion was held on the proposed "crown system" and 2-inch water-quality curb, which way the water flowed, and the parking lot construction schedule. Mr. Dodd stated he was surprised SJRWMD signed off the permit. Mr. Phillips explained it was St. Johns who required the water-quality curb. Ms. King noted there was a stormwater maintenance scheduled listed on the last page of the site plan. Mr. Phillips stated they were going to go over the maintenance procedures with the property owner before they finalized the project. Mr. Dodd stated he would like to see bands eliminated from using the observation deck since the city was currently reviewing noise in the riverfront and there was no buffer from the music. Mr. Griffin noted it was stated on the site plan as occasional. Mr. Carter questioned the number of boat slips that were being leased, and a discussion ensued regarding the number, uses, and intent of the proposed marina office. Mr. Durr stated he agreed with Mr. Dodd regarding bands on the observation deck and felt "occasional" should be defined, verified that irrigation had been installed per the 2010 site plan, and noted the new parking island did not have curbing that would protect the landscaping. Mr. Kayser agreed "occasional" should be clarified. Mr. Jeff Brasseuer, project architect, noted there had not been any code enforcement issues regarding noise at Mulligan's that he knew of. City Attorney Ginsburg reviewed some of the recent discussions held by City Council about noise in the rivertront. Mr. Phillips stated the owner told him that the bands would be set up facing into the restaurant and not out towards the barrier islands. The bands would be placed on the deck for special events such as holidays like the 4th of July. Mr. Hepler suggested the bands get a �3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 17, 2011 permit. Mr. Reyes verified that the Submerged Land Lease will be amended to include the observation deck. Mr. Roth commended Mulligan's for initiating the project to improve the parking area for the safety of their patrons. He noted the elevation of the proposed marina building indicated it was for marina storage. Mr. Brasseuer clarified it was for the marina office and stated it would be air- conditioned and manned by an employee. There was a discussion with staff on how code enforcement would handle the situation if the observation deck became a bar area. Public Input was opened. No one spoke in favor of the project. Mr. Mike Alonzo, representing Native Tackle & Supply at 807 Indian River Drive, across the street from the project, requested that the use of the proposed marina office be clarified and if it was including any retail, and stated their concerns regarding the parking calculations listed on the site plan (bar area was excluded), traffic flow from the Yacht Club, the number of Charter Boats currently operating from Mulligan's (4), marina parking, rental boats, overflow parking at the Yacht Club, dumpster location, and grass survey for the observation deck. He requested the decision on the site plan be delayed for further consideration of their concerns. Mr. Phillips stated it was his understanding that the marina office would be used for ice and other marina accessory items, he did not know the actual number of charter boats in operation, and the dumpster location was determined by computer for best accessibility by the trucks. Parking calculations was discussed by staff. Maria Jovanovich, 729 Cleveland Street, objected to the location of the dumpster and felt it would be a hazard to traffic exiting the Yacht Club and pedestrians. Mr. Durr verified that the new marina building was calculated for parking as marina office and questioned why not retail. Staff stated the marina office at Hiram's and Capt. Butcher's was calculated the same way. Discussion ensued regarding who would purchase the marina-related items from the building. Kelly Alonzo, wife of Mike Alonzo, had concerns with noting the marina building as office and storage, but using it for retail. They had heard it was a proposed bait shop, which would be in competition with them, objected to the building, and felt staff was sweeping it under the rug. Ben Hocker, 124 Larchmont Terrace, asked if the marina required pump-outs because of the number of boats slips. Mr. Dodd stated no. Public input was closed at 9:13 pm. City Attorney Ginsburg asked Mr. Phillips what the band use of the deck was restricted to. Mr. Phillips stated the owner responded to his similar question by replying that bands would be playing on the deck for major events like St. Patrick's Day, New Year's Eve, 4'h of July, and some of the bigger holidays. Mr. Ginsburg stated there were 12 to 15 similar "major events". A voluntary covenant that states bands could only play on the deck on such festive days was discussed. Mr. Ginsburg reminded the Commission that their responsibility was to make sure an application meets the code. On a voluntary basis, an owner has the right to restrict his own property. He stated that there seems to be a tendency with the Commission to assume that city ordinances will be violated, and the city will be ineffective in attempting to enforce its ordinances. Respectfully, he felt those assumptions were unwarranted. Mr. Dodd discussed the amount of charter boats operating and the required parking. Ms. King explained that the charter boat and the boat slip where the charter boat parked was actually being counted finrice for parking requirements. Mr. Dodd verified that the bandstand itself did not require 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 17, 2011 additional parking. Mr. Reyes requested that the Commission be given the boat slip layout for next review. Discussion ensued regarding the number of slips the site plan was approved for, and the Submerged Land Lease. Mr. Hepler stated he would like to only approve the parking lot improvements at this meeting and table the dumpster, the 10' X 10' marina office, and the observation deck until more information is received about the actual business intentions. Mr. Durr agreed that he would like to postpone a decision until more information regarding the boat slips was provided. Mr. Griffin clarified that there were 36 boats siips that parking was provided for, and 11 transient slips. MOTION by Dodd/Carter to approve the site plan for Mu�ligan's with the four conditions that are listed in the staff report with the addition of #5 being that the owner provide a maintenance schedule for the parking lot prior to receiving a C/O, and #6 to direct the city staff to remind the owner of the parking requirements and that there are only two six-pack boats ailowed (if there are four six-pack boats operating as advertised, staff needs to intervene), and #7 that city staff approach the owner in an attempt to negotiate a covenant to define what "occasional band set- up" is. Mr. Dodd clarified that #7 is not a requirement, but a request to attempt the clarification. Mr. Roth still had concerns that the actual use for the marina office was not clear. Mr. Dodd stated it wouid not affect the parking, and he felt the city could not dictate what an owner couid do with his buildings [bait shop). Mr. Roth verified that a bait shop was an allowed use on the property. Staff stated yes. ROLL CALL: Mr. Reyes Mr. Roth Mr. Hepler Mr. Kayser yes Mr. Dodd yes yes Mr. Durr no no Mr. Carter yes yes The vote was 5-2. Motion passed. CHAIRMAN MATTERS: MEMBERS MATTERS DIRECTOR MATTERS: ATTORNEY MATTERS: None None (Will be discussed at following LPA meeting) None None Chairman Dodd adjourned the meeting at 9:56 p.m. (db) 5 PLANNING AND ZONING COMMISSION City of Sebastian, Florida Application for Site Plan Modification: Ay! Jalisco Restaurant FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER THIS CAUSE came on for public hearing before the Planning and Zoning Commission of the City of Sebastian on November 17, 2011, and based upon the testimony and all of the evidence presented, the Planning & Zoning Commission enters the following: FINDINGS OF FACT 1. Pedro Nevarez and Gloria Huitron, owners of the real property located at 1814 U.S. 1, and also identified as Indian River County Parcels 30-38-30- 00001-0050-00005.0, 30-38-30-00001-0050-00008.0, and 30-38-30-00001-0050- 00011.0, have requested approval of a site plan modification which includes a 1,430 square foot building addition along with required parking, drainage and landscaping. 2. Public notice of the hearing by the Planning and Zoning Commission was published on November 2, 2011, in the Press Journal, a newspaper of general circulation in the City of Sebastian. Notice of this hearing was also mailed to all property owners within three hundred (300) feet of the subject property, as shown in the records of the Property Appraiser of Indian River County, in accordance with the requirements of the Land Development Code. 3. The following agencies and staff reviewed the proposed site modifications: Planning and Zoning Division of the Community Development Department of the City of Sebastian, Indian River County Utilities Department, Indian River County Fire Department, Indian River County Environmental Health, St. Johns River Water Management District, Indian River County Traffic Engineering Division, Sebastian Police Department, Sebastian Building Director, and Frank Watanabe, Sebastian Consulting Engineer. 4. Mr. Todd Howder, Project Manager, MBV Engineering, Inc., presented the application to the Planning and Zoning Commission. Mr. Joseph Griffn, Director of Community Development, and Jan King, Senior Planner, provided additional information. 5. One person spoke in favor of the project. No one from the public spoke in opposition. 6. City staff recommended approval of this application, with conditions. CONCLUSIONS OF LAW Based upon a careful consideration of the evidence presented, and the applicable provisions of the Land Development Code of the City of Sebastian, the Planning and Zoning Commission determines that the requirements for granting the site plan modification have been satisfied. 1' 1 ' Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was made by Commissioner Joel Roth, and seconded by Commissioner pomenic Durr to approve the site plan modification for Ay! Jalisco Restaurant, 1814 U.S. 1, for a 1,430 square foot building addition and requisite parking, drainage and landscaping, with the following conditions: 1. Provide a recorded Unity of Title document combining all lots included in the site plan. 2. If any new mechanical equipment is to be located outside the building or on the roof, provide screening per Sebastian code. 3. Existing dumpster needs opaque gate to provide screening. 4. Supplement landscaping along block wall to provide better buffering between the commercial and residential use. 5. Incorporate fishing village vernacular (e.g. posts and rope). The motion was approved by the Planning and Zoning Commission by a vote of 7 in favor and 0 against. Therefore, the requested site plan modification was approved with the above stated conditions. � DONE AND ORDERED in Sebastian, Indian River County, Florida, this 17th day of November, 2011. ATTEST: CITY OF SEBASTIAN C• l� Ed Do d, Chairman Planning and Zoning Commission �j I�E5I2 Date Clerk to the P anning and Zoning Commission 3 PLANNING AND ZONING COMMISSION City of Sebastian, Florida Application for Site Plan Modification: Mulligan's Marina LLC FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER THIS CAUSE came on for public hearing before the Planning and Zoning Commission of the City of Sebastian on November 17, 2011, and based upon the testimony and all of the evidence presented, the Planning & Zoning Commission enters the following: FINDINGS OF FACT 1. Mulligan's Marina LLC, owner of the real property located at 806 Indian River Drive and also identified as Indian River County Parcel No. 31-39-06- 00000-0070-00005.0, has requested approval of a site plan modification which includes pavement of the existing parking area with revised drive aisle, a dumpster enclosure, a 10 foot x 10 foot marina office, and a 16 foot x 30 foot observation deck. 2. Public notice of the hearing by the Planning and Zoning Commission was published on November 2, 2011, in the Press Journal, a newspaper of general circulation in the City of Sebastian. Notice of this hearing was also mailed to all property owners within three hundred (300) feet of the subject property, as shown in the records of the Property Appraiser of Indian River County, in accordance with the requirements of the Land Development Code. 3. The following agencies and staff reviewed the proposed site modifications: Planning and Zoning Division of the Community Development Department of the City of Sebastian, Indian River County Utilities Department, Indian River County Fire Department, Indian River County Environmental Health, St. Johns River Water Management District, Indian River County Traffic Engineering Division, Sebastian Police Department, Sebastian Building Director, and Frank Watanabe, Sebastian Consulting Engineer. 4. Mr. David Phillips, P.E., of Sustainable Engineering & Design, LLC, presented the application to the Planning and Zoning Commission. Mr. Joseph Griffin, Director of Community Development, and Jan King, Senior Planner, provided additional information. 5. Three people spoke in opposition to the proposed modifications. 6. City staff recommended approval of this application, with conditions. CONCLUSIONS OF LAW Based upon a careful consideration of the evidence presented, and the applicable provisions of the Land Development Code of the City of Sebastian, the Planning and Zoning Commission determines that the requirements for granting the site plan modification have been satisfied. 1' 1 ' Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was made by Chairman Ed Dodd, and seconded by Commissioner Rick Carter to approve the site plan modification for Mulligan's Marina LLC, 806 Indian River Drive, for pavement of the existing parking area with revised drive aisle, a dumpster enclosure, a 10 foot x 10 foot marina office, and a 16 foot x 30 foot observation deck, with the following conditions: l. Provide copy of Army Corps of Engineers permit for 16' x 30' observation deck prior to issuance of building permit. 2. Revise gates of vinyl fence to swing away from the walkway or swing 180°. 3. Applicant to coordinate with City staff regarding relocation of sabal palms out of the site triangle. 4. The proposed observation deck shall be limited to uses described on the site plan. Any proposed change of use for this deck must obtain City approval and provide the requisite parking to support such use. 5. Provide the maintenance plan for the pervious parking lot. 6. This site provides for two six-pack charter boats. Any additional charter boats must provide the required parking. 2 The motion was approved by the Planning and Zoning Commission by a vote of 5 in favor and 2 against. Therefore, the requested site plan modification was approved with the above stated conditions. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 17tb day of November, 2011. ATTEST: CITY OF SEBASTIAN � ��� Ed Dodd, Chairman Planning and Zoning Commission �l a� ap 1 2 Date Clerk to the lanning and Zoning Commission 3