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HomeMy WebLinkAbout09052013PZ Minutes CITY OF SEBASTIAN Oa 1-r- PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING 0 SEPTEMBER 5, 2013 ,� •-- N CO Chairman Dodd called the meeting to order at 7:00 P.M. Z •— Q CO E The pledge of allegiance was said by all. 0- E ROLL CALL: PRESENT: Mr. Roth Mr. Dodd 0 k c Mr. Qizilbash Ms. Kautenburg (a) U o, Mr. Durr Mr. Carter Ci) CD Mr. Paul (arrived late) Mr. Reyes �• � CAS ALSO PRESENT: Joe Griffin, Community Development Director o a a C Robert Ginsburg, City Attorney N a Q co Jan King, Senior Planner Dorri Bosworth, Planner/Secretary ANNOUNCEMENTS: None APPROVAL OF MINUTES: Mr. Roth noted the page headers had the wrong date. MOTION by Durr/Carter to accept the minutes of the August 1, 2013 meeting with the revision to the page headers. Motion was approved unanimously by voice vote. OLD BUSINESS: None NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING - SITE PLAN - BURIED TREASURES ANTIQUES & COLLECTIBLES - 1554 US HIGHWAY #1 - 3,136 SF RETAIL BUILDING AND SITE IMPROVEMENTS-CR(COMMERCIAL RIVERFRONT)ZONING DISTRICT Chairman Dodd asked the Commissioners if they had any ex-parte communication to disclose. There was none. The applicants and staff were sworn in by City Attorney Robert Ginsburg. Mr. Todd Howder, MBV Engineering, representing the applicant, presented the project to the Commission reviewing location, size, parking, and other project specifics. He stated the applicant would need to purchase 4 parking-in-lieu spaces. The stormwater area would be to the rear of the parcel, and the site would employ a private lift station and connect to county water lines. Ms. King reviewed the parking-in-lieu program, noting the cost for the 4 spaces were $3,200 each, which monies went into a parking trust fund set up to create more parking in the riverfront. She stated the revisions to the landscape plan were not received in time for the meeting, or for staff to determine specific amounts needed for the waiver. She requested that the waiver hearing be tabled until the October 3rd PZC meeting. Staff was not prepared to go forward with the PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2013 landscape plan as currently submitted and requested the Commission make any site plan approval conditional on a landscape plan approval. Mr. Howder pointed out that the wooden rear porch on the civil plan 8' X 12' was different from the architectural plans 8'X 14'and would be revised as to reflect the larger. Mr. Dodd requested clarification on making an approval conditional on "receiving a waiver" or just "hearing" the waiver. Staff and the applicant, Ms. Renee Powell, stated it should be on hearing the waiver. Mr. Durr stated he thought the site plan package should already have a landscape plan. Ms. King stated the package did include a landscape plan, but at this time it was deficient and she did not have the final plan from the landscaper. She had been working with him for a long while and did not want to hold up the site plan. A landscape plan would have to be approved, whether with a waiver, or not. Mr. Ginsburg stated if the waiver was not approved, they would have to comply with the landscape code. Ms. Kautenburg asked the applicant if she would be having outside sales like the current site. Mr. Howder stated retail sales would be inside. Ms. Kautenburg then verified it was a single-purpose building. Mr. Howder stated it was. Mr. Qizilbash had questions regarding the drainage structures on Sheet C4, and also direction of water flow, possibly onto the neighboring property. Mr. Howder reviewed the Section Details and stated they could create a natural grassed berm/valley to direct the water away from the adjacent lot. Mr. Durr asked if there would be truck deliveries and had questions regarding the retaining wall on the north side. Mr. Roth inquired about the City's parking area to the east and future development plans for that parcel. He asked if the existing well shown on the site plan was going to be abandoned. Mr. Howder stated that was the well used by the commercial business to the south. Ms. King stated there had been an easement granted across the property for continual use of the well dated before Ms. Powell purchased the property. Mr. Roth also had questions regarding the floor plan of the building. Mr. David Godwin, AIA, architect, was available to answer. Mr. Reyes asked if the back porch extended from the mezzanine or the main floor, and how it was supported if elevated. Mr. Godwin stated it was supported by piles/columns. Mr. Reyes verified with Mr. Howder that the vertical datum used in the design was NAVD 88. He asked if there would be a right-turn only sign in the US#1 median to direct outgoing traffic from the site. Mr. Carter asked staff if the proposed architectural design of the building was keeping with the intent of the development of the area. Ms. King stated she believed so — front porch look, metal roof, cupola, proposed colors, etc. He thanked the applicant for wanting to invest in the community. Mr. Roth asked if the rope and post design could be incorporated into the site. Ms. Powell stated it would be used around her monument sign within the landscaping. She also discussed some of the design details for inside the building. Mr. Paul asked if there would be food served on the back porch. Ms. Powell stated no, her intention was to create an area for waiting husbands. Public input was opened. No one spoke in favor or in opposition of the project. Staff recommended approval subject to the conditions listed in the staff report, which were 1) payment of the parking-in-lieu of fees, 2) lighting detail for the parking area (code requirement), and 3) approval of a landscape plan. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2013 Mr. Roth asked when the parking fees would have to be paid. Ms. King responded it would be fair to request them prior to issuance of the Certificate of Occupancy. Mr. Durr went over the landscape items the applicant was requesting waivers for but noted there were other code requirements the plan did not meet, such as the buffer width requirement in Section 54-4-21.A.7(c)(1)a, which was not on the waiver request. Staff cited Section 54-3- 14.11(a) which allows a reduction in the width of the buffer if adjacent to another neighboring buffer upon recommendation of staff and approval of the PZ Commission, and which appears to not need a formal waiver. Ms. King also explained that when the setback was less than 10 feet, the narrowness of the parcel was considered, and common sense was used as to not totally inhibit the building and project. She stated that if the Commission felt they did not have the authority to approve the reduction, staff could take it to the Board of Adjustment for a variance. Staff opined the language of the code did allow the Commission to make the decision. Mr. Durr stated he felt the Overlay regulations superseded the other requirements. MOTION by Roth/ to approve the site plan for Buried Treasures Antiques & Collectibles with a hearing for the landscape drawing [and waiver request] to be deferred to the October 3rd meeting. There was discussion about amending the motion to add the other two conditions recommended by staff, and the waiver deferral in this motion since there was a separate item on the agenda for the waiver hearing. Mr. Roth agreed that a separate motion would be made on the landscape waiver, and that his motion was to approve with conditions [as stated in the staff report]. Mr. Carter seconded the motion. ROLL CALL: Mr. Durr no Mr. Qizilbash yes Mr. Paul yes Mr. Reyes yes Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 6-1. Motion passed. B. QUASI-JUDICIAL PUBLIC HEARING — RIVERFRONT OVERLAY DISTRICT WAIVER — BURIED TREASURES ANTIQUES & COLLECTIBLES — 1554 US HIGHWAY #1 WAIVER REQUEST FROM OVERLAY LANDSCAPING REQUIREMENTS — LDC SECTION 54-4-21.A.7 MOTION by Dodd/Paul to defer Item B until the October 3rd meeting. Motion was approved by voice vote. C. REVIEW AND CONSIDERATION OF CITY STATEMENT TO INDIAN RIVER COUNTY REGARDING A PROPOSED 149' MONOPOLE COMMUNICATION TOWER TO BE LOCATED AT 8920 86TH AVENUE—ADJACENT TO CITY LIMITS Mr. Dodd asked if the City had been contacted by anyone on this. Staff stated they were included by the County in receiving their review comments of the application, but had not been contacted by the applicant recently. He asked if the tower was commercial or a sole source. Mr. Griffin stated commercial available for other antennae co-location. Mr. Griffin reviewed staffs position as explained and stated in the memorandum. It was brought before the Commission to get their direction on the subject. Mr. Dodd opined that staff was looking for the Commission to say that if the project was in the City, they would deny it. Mr. Griffin 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2013 concurred. He stated the County's Planning and Zoning Commission meeting was scheduled for September 26th The Commissioners discussed other existing towers, noting the one west of 1-95 that looks like a tree. Mr. Paul stated it would be OK as long as the tower blended well with the surroundings. Mr. Griffin further explained staff's concerns regarding possible future development in the area, both residential, and for the Florida Marine Resource Council, and how the tower may affect their building placement, and also concerns with the tower's aesthetics. Ms. Bosworth explained what the City's setback requirements would be and how they differed from the County's. Mr. Paul felt we could not dictate what the owner could do with his property if it met County code. Mr. Dodd stated he felt the surrounding property owners had rights, too, as to what they had to look at, and if it would affect the value of their land. Mr. Reyes asked how high the wind turbines at the airport were. Mr. Griffin stated 29 feet. Mr. Reyes felt the aerials did not do the dimensions of the tower justice. He had no issues with the proposed tower since there were no current annexations or development talks for the area, and he agreed with Mr. Paul. Ms. Kautenburg felt the tower as outlined was completely inappropriate regardless, and understood that the Commission was being asked for an opinion as a neighbor, not an approval. She also felt the tower was not a good use for agricultural zoned property. Mr. Ginsburg stated communication towers were heavily regulated by Federal and State law, and in regarding precedent, both jurisdictions prohibit any kind of discrimination among cellular providers, meaning if one is approved, you can't deny another. MOTION by Dodd/Roth to direct the Community Development Director to prepare and transmit to the County planning and zoning staff a letter specifying our {PZC} concerns, specifically that if this property was located in the City of Sebastian this site plan would not be approved, and that we request that they deny the Special Exemption request for this site. ROLL CALL: Mr. Reyes no Mr. Dodd yes Mr. Roth yes Mr. Durr yes Mr. Paul no Mr. Carter yes Mr. Qizilbash yes The vote was 5-2. Motion passed. CHAIRMAN MATTERS: None MEMBERS MATTERS: Mr. Carter had questions regarding the clearing of a lot across the street from his residence. Mr. Paul apologized for being late, and wanted to note for the record regarding ex parte communications for Buried Treasures, that he had not spoken to his neighbor, Mr. Todd Howder, regarding the project. He also had questions regarding the CR 512 road improvement project. Mr. Reyes requested that staff make the agenda packets more complete, and for Buried Treasures he would have liked additional information on the well easement with the neighbor, the elliptical pipe connecting with the mitered end section, and area drainage plan. Mr. Roth asked if the FIND grant that the City had applied for had been awarded. Mr. Griffin stated the announcement would be September 15th. Mr. Reyes inquired about the batting cages grant. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 2013 DIRECTOR MATTERS: None ATTORNEY MATTERS: None Chairman Dodd adjourned the meeting at 8:21 p.m. (db) 5