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HomeMy WebLinkAbout12022010 PZ Agenda6. OLD BUSINESS: 7. NEW BUSINESS: 8. CHAIRMAN MATTERS: 9. MEMBERS MATTERS: 10. DIRECTOR MATTERS: 11. ATTORNEY MATTERS: 12. ADJOURNMENT: SEBASTIAN HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 2, 2010 7:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: September 23, 2010 Special Minutes November 4, 2010 LPA Minutes A. Quasi Judicial Public Hearing Riverfront Overlay District Waiver 1732 Indian River Drive, Capt. Butcher's Section 54- 4- 21.A.5. (e) (1) Allowing visible roof mechanical equipment structures without required screening ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)- 589 -5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. Chmn. Paul called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: ALSO PRESENT: 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. OLD BUSINESS: NONE NEW BUSINESS: CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING SEPTEMBER 23, 2010 Mr. Roth Mr. Dodd Mr. Simmons Srinivasan Mr. Reyes (a) Mr. Cardinale Mr. Paul Mr. Durr (a) Mr. Hepler Rebecca Grohall, Growth Management Director Robert Ginsburg, City Attorney Dorri Bosworth, Zoning Technician Susan Lorusso, Recording Secretary vi c .0 m C V c 0 0E H asU al .g -0c 2 2 (ON M 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. 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 loss 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 Mr. Hepler yes Mr. Srinivasan yes Mr. Cardinale yes Mr. Simmons yes Mr. Paul yes 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. Mr. Dodd adjourned the meeting at 9:11 p.m. (9/29/10 sbl) 4 Mr. Paul 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. Srinivasan Mr. Simmons Mr. Paul ANNOUNCEMENTS: NEW BUSINESS: LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) THURSDAY, NOVEMBER 4, 2010 Rebecca Grohall, Growth Management Director Jan King, Planning and Growth Management Manager Robert Ginsburg, City Attorney Al Minner, City Manager None Mr. Reyes Mr. Durr Mr. Hepler Mr. Cardinale oS cp c c •o m C sC• d. G v :13% o O 3 PUBLIC HEARING REVIEW AND MAKE RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE 0 -10 -08 WHICH PROPOSES TO AMEND THE LDC SECTION 54 -3 -11.3 AQUIFER RECHARGE PROTECTION (ARTICLE XI ENVIRONMENTAL PROTECTION) Ms. Grohall explained that staff is proposing to delete paragraphs (4) (5) from Section 11.3. In conversation with staff at Indian River County and SJRWMD, they indicated that the aquifer is being recharged when on -site retention is being used. When the site's soils are those as mentioned within the code, all the water is being recharged back into the aquifer because of the sandy soils, and these two paragraphs may be redundant. The development standards of the respective zoning districts would remain in place (maximum impervious and minimum open space). Mr. Durr asked if the redundancy was the reason staff was requesting the change. Mr. Minner stated it was the major reason, but also economic development. The existing code is more restrictive on coverage, thus making it more expensive to develop, Mr. Cardinale questioned where the recharge area is. Staff stated mainly from the coastal sand ridge (along US Highway #1) east to the river. Mr. Dodd discussed his agreement with the proposed changes as long as item (1) in the section was more strictly adhered to (pre- post- development drainage conditions) possibly requiring more civil engineering details. Mr. Simmons felt that the first sentence in (4) should remain and was important. Mr. Paul agreed. Staff explained they felt it was redundant, since excavating was also dealt Cc a as C m 0 C 2 (I) 4 a a- g) CON a in with in dewatering and cut fill permits. Mr. Paul felt then that it wouldn't hurt if it was left in this section, also. Mr. Roth asked if any other municipalities had restrictive aquifer recharge codes? Ms. Grohall stated not within Indian River County. Mr. Roth wanted to know if SJRWMD had it in their code. Mr. Minner felt excavation was also covered by St. Johns and other jurisdictional permits, but that the last part of (4) was confusing. Mr. Paul opened the public hearing. No one spoke in favor or opposition of the proposed changes. The hearing was closed. MOTION by Simmons /Roth to recommend to City Council this proposed code change in its entirety with the exception of keeping the first sentence in item (paragraph} (4) "Excavation which cuts below the seasonal high water table shall be prohibited unless a design /plan is prepared by a qualified engineer and approved by the city engineer which demonstrates that the work can be completed in a manner that will not detrimentally impact the groundwater table." ROLL CALL: Mr. Paul yes Mr. Roth yes Mr. Dodd yes Mr. Srinivasan yes Mr. Simmons yes Mr. Cardinale yes Mr. Hepler yes The vote was 7 -0. Motion passed unanimously. CHAIRMAN MATTERS: Mr. Paul asked Mr. Minner for an update on the Barber Street paving project. Mr. Minner went into details, stating the project is almost back on schedule with the completion date around December 28 Other projects were discussed with updates from the city manager. MEMBERS MATTERS: Mr. Roth wanted to know who receives and reviews (contract service) engineering work? Staff responded the Growth Management Department. Mr. Simmons noted it was hard to drive north on Indian River Drive from Main Street because of the lack of parking enforcement. Mr. Cardinale asked about Main Street paving and housing starts. Mr. Hepler asked questions regarding the sidewalk elevations along Barber Street. DIRECTOR MATTERS: Ms. Grohall reminded everyone that the Sebastian Clambake event was this weekend. CITY MANAGER MATTERS: Mr. Minner discussed upcoming reviews of the Growth Management and Building Departments, their procedures and processes, and that the PZC would be shortly reviewing the LDC. 2 ATTORNEY MATTERS: NONE Mr. Paul adjourned the meeting at 7:49 p.m. (db 11/24/2010) 3 S HOME OF PELICAN ISLAND 1225 MAIN STREET is SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING THURSDAY, DECEMBER 2, 2010, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A WAIVER FROM SECTION 54- 4- 21.A.5.(e).(1) OF THE SEBASTIAN LAND DEVELOPMENT CODE. CAPT'N BUTCHER INC., IN REGARDS TO PROPERTY LOCATED AT 1732 INDIAN RIVER DRIVE, SEBASTIAN, FL, IS REQUESTING A WAIVER TO ALLOW VISIBLE MECHANICAL EQUIPMENT ROOF STRUCTURES ON THE BUILDING WITHOUT THE REQUIRED SCREENING. ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND PRESENT TESTIMONY WITH RESPECT TO THE PROPOSED WAIVER REQUESTS. LAWRENCE PAUL, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Published November 17, 2010 3. Project Location a. Address: b. Legal: 4. Project Owner: 5. Project Engineer: 7. Project Description: HOME OF PELICAN ISLAND Growth Management Department Waiver Request Staff Report 1. Project Name: Capt'n Butcher's restaurant build -out 2. Requested Action: Waiver requested from Section 54- 4- 21.A.5(e)(1) of the Land Development Code to allow visible mechanical equipment roof structures on the building without the required screening. 1732 Indian River Drive Sebastian, FL Metes and Bounds within August Park Subdivision Harold Adams Capt'n Butcher Inc. P. O. Box 1047 Sebastian, FL 32978 (772) 473-6070 6. Project Agent: Harold Adams P. O. Box 1047 Sebastian, FL 32978 (772) 473 -6070 a. Narrative of proposed action: Harold Adams, in regards to Capt'n Butcher Inc. located at 1732 Indian River Drive, is requesting a waiver from the following: "Section 54- 4- 21.A.5(e)(1) "Visually offensive elements" whether freestanding, mounted on roofs, or located anywhere on a structure shall be concealed from view on all sides. Individual screens, building elements, or appropriate The applicant believes there is no practical way to screen the roof mounted mechanical equipment. b. Current Zoning: c. Adjacent Properties: Zoning Current Land Use North: East: South: West: d. Site Characteristics landscaping, are to be used to completely screen the offensive elements from view from adjacent roads, properties, and parking areas. Parapet walls, visible roof structures, individual screens, or building elements shall be used to completely screen roof mounted, visually offensive elements from view from any point around the entire building perimeter. Screening services shall relate to the building's style of architecture and materials. All screening devices shall be designed so that no part of the offensive element extends beyond the top of the screen, measured vertically. Rooftop screening devices shall not be required for plumbing roof vents which are less than four inches in diameter and less than 12 inches above roof penetration. These roof vents are to be located where they will be least visible from roadways." Total Acreage: Current Land Use(s): Water Service: Sanitary Sewer Service: CWR (Commercial Waterfront Residential) CWR C CWR CWR 2 Archie Smith Fish House Indian River Lagoon residence vacant Future Land Use RMU C RMU RMU marina, apartments, ship store public water public sewer 8. Staff Comments: The Riverfront Overlay District establishes special architectural standards to promote attractive buildings by utilizing quality design. The code places emphasis on special features to guide development toward that end. After sustaining hurricane damage, the building shell was reconstructed and a new metal roof was installed. At this time, Mr. Adams is completing the build -out of the kitchen portion of the building for the restaurant. Previously some mechanical equipment vented through the roof, as shown on the attached photo. The new mechanical equipment is based on the needs of the future tenant, and will increase the amount of equipment seen on the building. There appears to be no practical way to screen this roof equipment. The existing roof system was not designed to accommodate additional structures such as individual screens or walls. It should also be noted that the roof equipment will be similar to the metal roof material. 9. Board Criteria for Determining Waivers (Section 54 -4- 21.6): As part of an application for development, a request may be made for a waiver of any of the provisions of this article (Article XXI. Performance Overlay Districts). The request shall be heard by the planning and zoning commission in determining if any such provision be waived, modified or applied as written. The planning and zoning commission shall hold a quasi-judicial hearing on the requested waiver. The criterion for granting a waiver or modification of any of the provisions of this article is whether the strict interpretation of the requirements of this article places an inordinate burden on the property owner as defined by Florida Statutes. The waiver procedure herein is the exclusive remedy to the application of the provisions of this article and is to be utilized in lieu of an application for a variance. 10. Staff Recommendation: Staff recommends approval of this waiver request. Modifying the existing roof to accommodate screening for this equipment is not a practical solution. Also, the mechanical equipment will be similar to the roof in material and color. 'rep. ed by Rebecca rohall Dat Growth Management Department 3 30393100001000000002.1 PaLrc1of1 vy userC ontrols /I)elault.nicx ?Resuurccly Ph °COS& Wehsite-- InclianRivcr1 1 1 A. tke S 01/01/2008 02:46 7724658221 RRSHEETMETALWORKSINC PAGE 01/01 R R SHEETMETA.L WORKS, INC. 1246 Bell Avenue Ft. Pierce, FL 34982 PHONE (772) 465 -2 FAX (772) 465 -8221 rrsheetmetalwork kbellsouth.net 4 1, FI AT //ilk' e.c u.rL+ fi