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Home My WebLink About12102014 Special Attachment - OrderL -RL -F SE.�T�N HOME OF PELICAN ISLAND CITY COUNCIL Appeal of Site Plan Approval Appellant: Damien Gilliams Subject: Sebastian Inlet Marina and Trading Co. (Captain Hiram's) FINAL ORDER DENYING APPEAL THIS APPEAL was heard by the City Council of the City of Sebastian, Indian River County, Florida, on the 10'" day of December, 2014, and the City Council, being fully advised in the premises, hereby enters the following Order: 11] Ci13 Di,I 1. This is an appeal from the decision of the City's Planning and Zoning Commission made on October 2, 2014, and rendered on October 10, 2014 (see attached) approving a site plan, conditional use permit and landscape waiver for Sebastian Inlet Marina and Trading Co. (Captain Hiram's) to be located at 1615 Indian River Drive, Parcel No. 30-38-30-00002-0010-00017.0. The project includes a 16 -unit motel building together with associated parking, water and sewer service, drainage and landscaping. 2. This appeal is authorized by Section 54-4-18.6 of the City's Land Development Code, and was conducted in accordance with the provisions of Section 54-1-2.4(g). 3. Based upon a careful consideration of the record herein and the arguments presented to the Council, the City Council determines that substantial competent evidence supports the actions by the Planning and Zoning Commission approving the site plan, conditional use permit and landscape waiver for Sebastian Inlet Marina and Trading Company (Captain Hiram's) 16 -unit motel project. A preponderance of the evidence in the record establishes that such approval is in accordance with the applicable provisions of the Land Development Code of the City of Sebastian. 4. At the conclusion of the appeal presentation, a motion was made by Councilmember Jim Hill, and seconded by Councilmember Bob McPartlan, to deny the appeal and uphold the October 2, 2014 decision of the Planning and Zoning Commission approving the site plan, conditional use permit and landscape waiver for the Sebastian Inlet Marina and Trading Company (Captain Hiram's) 16 -unit motel project. The motion was approved by the City Council by a vote of 4 in favor and 0 against. Therefore, the appeal is DENIED and the Planning and Zoning Commission's decision is UPHELD. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 101h day of December, 2014. ATTEST: Sally A. Maip, MMC City Clerk `A CITY OF SEBASTIAN Richard Gillmor, Mayor iz1/k // /V Date PLANNING AND ZONING COMMISSION City of Sebastian, Florida Application for Site Plan Approval — major modification: Sebastian Inlet Marina and Trading Co. (Captain Hiram's) 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 October 2, 2014, and based upon the testimony and all of the evidence presented, the Planning & Zoning Commission enters the following: FINDINGS OF FACT 1. Tom Collins, representative for Sebastian Inlet Marina and Trading Co. (Captain Hiram's), owner of the real property located at 1615 Indian River Drive, Parcel No. 30-38-30-00002-0010-00017.0 has requested approval for a 16 -unit motel building together with associated parking, water and sewer service, drainage and landscaping. Mr. Collins also requested a conditional use permit for a motel in the Commercial Waterfront Residential zoning district, as well as a waiver from the Sebastian Land Development Code Section 54-4-21.A.7, Riverfront Overlay District Landscape Requirements. 2. Public notice of the hearing by the Planning and Zoning Commission was published on September 17, 2014, 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 plan: Indian River County Utilities Department, Indian River County Fire Department, Indian River County Environmental Health, Indian River County Traffic Engineering Division, St. Johns River Water Management District, Sebastian City Engineer, Sebastian Building Director, Sebastian Public Works Director, Sebastian Police Department, and Sebastian Community Development staff. 4. Mr. Tom Collins, applicant, presented the project to the Planning and Zoning Commission. Additional information was provided by Frank Watanabe, City Engineer, and Jan King, Senior Planner. 5. No one from the public spoke in favor of the project. 6. Damien Gilliams and Ben Hocker spoke in opposition to the project. 7. City staff recommended approval of the site plan application, conditional use permit and landscape waiver, 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 approval of the site plan have been satisfied. 1 ' 1 _ _O Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was made by Commissioner Louise Kautenburg, and seconded by Commissioner David Reyes, to approve the landscape waiver as requested. The motion was approved by the Planning and Zoning Commission by a vote of 7 in favor and 0 against. Therefore, the requested waiver was approved. Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was made by Commissioner David Reyes, and seconded by Commissioner Tahir (Bash) Qizilbash, to approve the conditional use permit Captain Hiram's 16 -unit motel at 1615 Indian River Drive. The motion was approved by the Planning and Zoning Commission by a vote of 7 in favor and 0 against. Therefore, the requested conditional use permit was approved. Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was made by Commissioner Joel Roth, and seconded by Vice Chairman Larry Paul, to approve the site plan for the Captain Hiram's 16 -unit motel at 1615 Indian River Drive, with the following conditions: 1. Provide a recorded Unity of Title connecting the new motel site to the parent site. 2. Provide FDOT permit to relocate the Oyster Pointe sewer line into the FDOT right-of-way. 3. Staff to review the St. Johns River Water Management District permit and the self -certification thresholds. 2 Q 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 was approved with the above stated conditions. In conclusion, a motion was made by Vice Chairman Larry Paul, and seconded by Commissioner Joel Roth to approve Item 7B [on the agenda], in its entirety with the conditions noted above. The motion was approved by the Planning and Zoning Commission by a vote of 7 in favor and 0 against. Therefore, Item 7B [on the agenda] was approved in its entirety with the conditions noted above. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 2nd day of October 2, 2014. ATTEST: Clerk to the a ung and loning Commission 3 CITY OF SEBASTIAN f - - - - - 10 ".111 i 9, t.; 1!!" z' I � Ed Dodd, Chairman Planning and Zoning Commission Date