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HomeMy WebLinkAbout09-15-2016 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 15, 2016 1. Call to Order – Chairman Roth called the meeting to order at 6:00 pm 2. Pledge of Allegiance was recited by all. 3. Roll Call Present: Chairman Roth Ms. Kautenburg Vice Chairman Reyes Mr. McManus Mr. Carter Mr. Qizilbash Mr. Dodd Mr. Hughan (a) Excused: Mr. Alvarez (a) Also Present Mr. Frank Watanabe, City Engineer Mr. Robert Ginsburg, City Attorney Ms. Dorri Bosworth, Planner Ms. Susan Mann, Recording Consultant Ms. Dale Simchick, IRC School Board Liaison was not present 4. Announcements and/or Agenda Modifications — None 0 od _ �I _C .O m C � � C -L fu E (. E cU ca .0 JQC o O O a CL TNQ 5. Approval of minutes MOTION: by Dodd/Kautenburg to approve the November 19, 2015 minutes as presented. The motion passed unanimously by voice vote. Mr. Reyes requested a correction on page 7, of the August 18, 2016, from Mr. Moore to Ms. Moore. MOTION: by Reyes/Carter to approve the August 18, 2016 minutes as corrected. The motion passed unanimously by voice vote. 6. Quasi -Judicial Public Hearings A. Quasi -Judicial Public Hearing — Site Plan Modification — City of Sebastian Police Department — 3,000 SF Police Evidence Building — 1201 Main Street — Public Service (PS) Zoning District. Mr. Ginsburg read the Project Description Narrative for the Record. Mr. Roth asked if there was any ex -parte communications that needed to be reported — no one CL E F PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2016 responded. Mr. Ginsburg swore in all those planning to testify before the Commission this evening. Mr. Watanabe, City Engineer, provided a Power Point Presentation (Attached) on the site location and conditions. He stated that the Parks and Recreation Board is in agreement to disassemble and relocate the ADA playground equipment that is on the site at this time. He explained that there is one power pole that was a concern, but it will be left as is. He reviewed the planned structure and stated that the Police Department needs more secure storage space than they currently have in the facility at the airport. He stated that 25 additional parking spaces are planned to accommodate police vehicles. He explained this is a secure building with no public access. He showed renderings of the proposed building and explained that the exterior will be finished to tie into the existing design and landscaping will be consistent with existing as well. He concluded by stating that they have received the drainage modification permit and the project is in this year's CIP budget. Mr. Roth called for comments from staff. Ms. Bosworth responded that Mr. Watanabe represents staff and the project had been coordinated with the Community Development Department. Mr. Watanabe reviewed photos of the proposed site. He stated that he is aware of concern about Gopher Tortoises, but the closest burrow is more than 20 feet from the proposed site and is on the other side of the street. Ms. Kautenburg inquired about the ADA playground equipment. Mr. Watanabe responded that following the discussion about moving the equipment he did research and determined it would not be cost effective to reuse the equipment because of the expense of disassembling it, moving it and having it recertified. He explained that would apply to trying to use any of its components elsewhere, the law requires the playgrounds be certified. Mr. Reyes asked if the City plans to continue to use the existing site. Mr.Watanabe responded that the existing site belongs to the airport and it will be used to house City maintenance equipment. Mr. Reyes asked about the age of the playground equipment. Mr. Watanabe responded that the City has had it quite a while and he is aware that it was very expensive, but moving it would cost even more than replacing it. Mr. Roth opened the meeting for public comment and called for anyone wishing to speak in favor of the project to come forward. Ms. Linda Kinchen, 190 Delmar Street expressed her support of the project because the City needs to have their evidence storage closer. She stated that her only concern is that there may be gopher tortoises on the site as well as across the street. She urged the City to make sure there are none or to take appropriate action if there are any. PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2016 Mr. Roth called for anyone wishing to speak in opposition to the project to come forward. Ms. Andrea Ring stated that she is on the Natural Resources Board and recently attended a conference on gopher tortoises which was held on the proposed site. She explained that there were at least 6 tortoises there and suggested having Fish and Wildlife survey the site to determine the cost of relocation. Mr. Roth closed the Public Hearing and called on staff to address any of the issues mentioned. Mr. Watanabe stated that it is important for the Police Department to have the facility closer. Regarding the gopher tortoises, the City's consultant will inspect the site prior to start of construction and if there are any gopher tortoises on the site they will be relocated in accordance with approved methods. He explained that there are a number of burrows on the property across the street, but as of today there is no sign of the ground being disturbed as would be if there were burrows present. Mr. Reyes asked that a condition of approval be included that a report will be provided and reviewed by staff regarding the gopher tortoises on the site. Mr. Roth asked if there were any further questions or comments from the Commissioners, hearing none he called for a motion. MOTION: by Reyes/Dodd "I would like to make a motion to approve the Site Plan for City of Sebastian Police Department for a building at 1201 Main Street with the condition that an Environmental Assessment Report be provided to show the site is clear of any tortoises or any other environmental issues out there." Mr. Qizilbash stated that the report should be approved by Fish and Wildlife. Ms. Bosworth responded that the report can be from an Environmental Specialist and only needs to be submitted to Fish and Wildlife if a tortoise is found and a permit is required for relocation. Mr. Ryan MacLean, MBV Engineering, Inc. came forward and provided a detailed explanation of how the site is assessed for environmental issues. He concurred with staff that if no endangered species are found there is no need to contact Fish and Wildlife. He stated that the environmental assessment will be conducted as close to start of construction as feasible to prevent the possibility of conditions on the site changing. Mr. Roth called for any further questions or comments, hearing none he called for a vote. PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2016 ROLL CALL: Mr. McManus —Yes Mr. Dodd — Yes Mr. Qizilbash —Yes Mr. Reyes —Yes Ms. Kautenburg—Yes Mr. Carter—Yes Mr. Roth—Yes Total vote was 7-0. Motion Carried B. Quasi -Judicial Public Hearing — Site Plan — AutoZone — 7,762 SF Auto Parts Retail Store — 9150 Sebastian Boulevard — Commercial General (CG) Zoning District. Mr. Ginsburg read the Project Description Narrative for the Record. Mr. Roth asked if there was any ex -parte communications that needed to be reported — no one responded. Mr. Jason D. Kinney, P.E., Kinney Engineering, LLC, St. Petersburg, FL, came forward and stated that he is the Project Agent. He stated that the AutoZone Store will be for sales only, there will be no vehicle services provided at the site. He reviewed the renderings of the structure and stated that complying with the CR512 Overlay District was the dictating factor with the building and landscaping plan. He stated that the stormwater system had been approved by SJRWMD in 2007 and they have received the modification which includes the proposed AutoZone. He explained that an environmental study has been done and a gopher tortoise was found on the site. They have received the necessary permit for relocation from FWC, but the tortoise will not be moved until closer to construction due to their transient nature. He provided details on the procedure of gopher tortoise relocation and the requirements that have to be met. Mr. Kinney stated, in regard to staff recommendations, that the mechanical equipment on the roof will be screened; an irrigation pump will be used and is shown on the plans, the applicant will place a hedge around the pump and well for screening from public view; the landscape plan will be modified to include the required variety of trees; the stormwater condition will be presented by staff; the traffic impact study is still in review with staff due to some differences between the two models being used for comparison, when more details are received the differences will be identified and addressed. He explained that the deficiency is the intersection of CR512 and CR510 and AutoZone will not make a significant impact on traffic in that area. He asked if the requirement for the traffic study could be moved to coincide with Certificate of Occupancy to provide time for the details to be resolved and to allow AutoZone to begin the building process. He stated that he would ask staff to present their report and he would remain in order to answer any questions. Ms. Bosworth explained that the site is split into two portions with AutoZone developing the eastern portion, and the western portion will remain in its natural state until future development. That is the reason that the landscape plan shows only the portion being developed by AutoZone. She explained that AutoZone will meet the applicable requirements should they split the lots in the future. She reviewed the Site Plan in detail PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2016 regarding parking, stormwater management, etc. She stated that AutoZone will also install a sidewalk along their 1.6 acres on Dryden Avenue. They are also going to curb and gutter the entire access road out to Sebastian Crossings Blvd. She concluded that staff recommends approval with five conditions, not six, which she read for the record. She stated that the revised Stormwater Management Analysis has been received and that condition is met. Mr. Watanabe began his presentation by stating that he is a Licensed Traffic Engineer with 25 years experience and provided details of that experience. He provided a detailed explanation of the software programs that are used to evaluate traffic level of service. He explained the issues that exist at the CR510/CR512 intersection and the causes. Mr. Roth asked Mr. Watanabe his opinion of making the traffic study requirement due at Certificate of Occupancy and not issuance of the building permit. Mr. Watanabe responded that his concern is if it is determined that installation of a turn lane is required, and not just signal synchronization, there is the issue of right of way, cost sharing, and other items that need to be resolved. He stated that if there is a delay it could result in the delay of AutoZone opening the store. He explained that his concern is the County's plan to widen CR510 through Wabasso to US Highway One, in doing that the traffic through this intersection will increase making the problem even greater. He concurred with Mr. Roth that the traffic issue should be resolved before issuance of the building permit. Mr. Roth commended staff for having the foresight to require landscaping only on the developed site and not the entire parcel. He called for questions from the Commissioners of either staff or the applicant. Ms. Kautenburg commented that she had no idea that the sale of auto parts was so profitable, but the number of auto parts stores in Sebastian indicate it is. Mr. Roth responded that he agrees, but the City is willing to work with AutoZone in the development of this property. Mr. Dodd expressed concern about the portion of the lot that would remain in its natural state, by stating he would feel more comfortable if a condition of the approval be included to prevent any future clearing or change to the lot that could not be controlled by the City. He also expressed concern about the traffic study and stated that the City should have known this problem existed prior to AutoZone because the area includes 4 commercial lots. He stated that he does not agree with requiring the last applicant to pay the cost of improvements that were needed prior to his project and did not feel that approval should hinge on the results of the traffic study. Mr. Watanabe agreed that the problem probably did exist, but at this time it has been brought to light and has to be addressed. Mr. Ginsburg explained that what is being requesting is that the traffic issue be resolved to the satisfaction of City staff and the County. The City is not assigning the cost to anyone at this time, although that may be the final resolution and those impacted would have to make the determination if they wanted to proceed. He explained that the PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2016 reason for the resolution of the traffic issue is tied to the building permit and not the CO is to prevent the construction of a building that could not be used because there were unresolved deficiencies. Following extensive discussion regarding the traffic issue at this site and similar issues in the past Mr. Ginsburg advised the Commission that the issue here is to approve or not to approve the site plan and not make an attempt to protect all those involved. Mr. Qizilbash stated that the traffic flow is a serious problem at that intersection especially at peak times. He asked if the report has been submitted to the County. Mr. Kinney responded it had been submitted. He explained that it the proposed turn lane was included, but County staff did not comment one way or the other and did not indicate any conditions of approval. Mr. Watanabe stated that although the corridor is in the County the intersection is in the City. His concern was that there are three schools in the area and there is a lot of traffic in the morning hours with school busses passing through the intersection and children being present. Mr. Reyes asked about the cross access easement. Ms. Bosworth responded that there is one in place that was established by the current owner, covers all 4 lots and transfers to any future owners. She stated that the City has that document in its files, that is why it is not a condition for this approval. Mr. Kinney explained that they will share the crosswalk with Burger King and tie into their ADA access to CR512. Mr. Reyes concluded by stating that he is aware of the County's improvement to CR510 as a thoroughfare to Wabasso and stressed that they should share in the cost to rectify the problems with the intersection. Mr. McManus stated that should the lot being left vacant at this time be developed in the future a new landscape plan should be provided. He also expressed concern that the Slash Pines are being included in the tree count because they do not have a good survival rate when there is construction near them. Mr. Kinney responded that there is no plan to develop the property at this time and if in the future that changes the procedure of approval will be followed. He explained that the existing trees on the site to be developed will be protected and the vacant parcel will be blocked off to prevent any access by construction equipment. Mr. McManus stated that when the City finishes the sidewalk the bus stop shelters should be included. He also stated that because there is so much property in area that is owned by EPA, which will never be developed, he does not feel the traffic impact will be near as great as projected. Mr. Roth inquired about the signage. Ms. Bosworth responded that it will be handled under a separate permit. He confirmed that the conditions of approval cover the handling of the stormwater and the maintenance agreement. He stated that there is a need for lighting on the site and felt the plan addressed the need. He expressed concern about pedestrian traffic, especially by school children during football games or other activities. PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2016 Mr. Roth opened the meeting for public comment and called for anyone wishing to speak in favor of the project to come forward, seeing none, he called for anyone wishing to speak in opposition to the project to come forward. Mr. Dick Krull, 360 Sebastian Crossings Boulevard, came forward and was sworn in by Mr. Ginsburg. He stated that he is more concerned about the intersection issue than the site plan. He explained how congested the area is with the number of busses that use the area as a hub and the overall faulty design of the traffic flow pattern. Mr. Roth called for anyone else wishing to speak in opposition to the project, seeing none; he closed the meeting to the public and asked if the applicant would like to respond. Mr. Kinney responded that he did see the buses on Dryden Avenue but that is not in the control of AutoZone and hoped it would not factor into the approval of the project. He stated that he feels that there are some things that can be done to improve traffic flow in the area and the traffic engineer will work with Mr. Watanabe to work out the discrepancies. He thanked the Commission for their time and consideration. Ms. Bosworth stated that the application meets all the requirements and staff recommends approval with the conditions in the staff report. She noted that it is the Commissioners' decision whether approve or to table until the traffic study can be finalized. Mr. Watanabe stated that the proposed turn overlap is already present and including it has no impact on the decision. Mr. Qizilbash asked if the County has approved the traffic report. Ms. Bosworth responded she received an email stating that they County had reviewed the report and had no comment. He stated that the City should not pursue the matter any further since the County had approved the report. Following an in-depth discussion about the City's responsibility it was concluded that Mr. Watanabe was protecting the City's interests by bring this to light. Mr. Watanabe stated that it is his responsibility as City Engineer to address deficiencies such as this intersection and make adjustments to the various elements to correct the problems. Mr. Roth called for any further questions or comments, hearing none, he called for a motion. He noted that item 2 on the conditions has been removed. MOTION: by Kautenburg/Dodd "I move we approve this site plan subject to the five stipulations recommended by staff, which excludes number two on the list." Mr. Roth called for any further comments, hearing none he called for a vote PLANNING AND ZONING COMMISSION PAGE 8 MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2016 ROLL CALL: Mr. Reyes —Yes Mr. Dodd — Yes Mr. Roth —Yes Mr. Carter —Yes Mr. McManus — Yes Ms. Kautenburg — Yes Mr. Qizilbash —Yes The vote was 7-0. Motion Carried. 7. Unfinished Business — none 8. Public Input— None 9. New Business A. Request for Expanded Outside Display Area in the Riverfront Overlay District — Section 54.4.21.3(b)(1) — Harry B's Golf Carts — 1400 Highway #1. Mr. Roth read the request and noted that it had come before the Commission previously. He asked Mr. Blauvelt to present the request. Mr. Harry Blauvelt, Harry B's Golf Carts, stated that he would like increase his outside display of Golf Carts. He explained that he is required by code to have 8 parking spaces which he does not need and would like to use one of them to accomplish what he needs to do. He showed pictures of four carts displayed at the front of the building and six carts displayed at the back of the parking area and stated that is what he is requesting approval to do. Ms. Bosworth explained that this is the original site plan for interior retail space of 2000 SF, which requires 8 parking spaces. She offered to work with the applicant to re- identify the interior space us0and possibly reduce the number of spaces. Mr. Blauvelt stated that he has been at the location for 9 months and is happy there, but needs this change to allow him to continue to grow. Ms. Bosworth explained that she had included a copy of the code and the minutes from the prior meeting but staff did not make any recommendations because it had been previously reviewed. She stated that this request is to expand the display area and the Commissioners could determine what the best way to accomplish the expansion would be. Mr. Roth stated that he feels the request is reasonable from the numerous times he has driven by the site and observed the carts that are currently on display. Mr. Carter stated that he was not opposed to the 4 in the front, which had been discussed previously, but he did not agree with the 6 in the back. PLANNING AND ZONING COMMISSION PAGE 9 MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2016 Mr. Qizilbash stated that he feels 10 carts on display are too many. Mr. Reyes agreed that 10 would too many on display. He asked why, since the number of customers is so low, was it necessary to have so many outside. Mr. Blauvelt responded that there were two reasons. One is that he needs room in his garage to work without having to move the carts in and out. Number two is displaying more carts would make him look more successful. He explained that he reconditions the golf carts in the garage building on the site. Mr. Reyes stated that there should be more detail about what is being proposed and in looking at what is presented he was not in favor of approving the request. Mr. Dodd asked about the driveway at the rear of the property. Ms. Bosworth responded that it is on the site for exclusive use of Mr. Blauvelt's business. Mr. Blauvelt explained that there is a wall along the drive which prevents use by the restaurant. Ms. Bosworth explained that use of the driveway for display would block use of the eighth parking space. Mr. Reyes asked if the carts displayed will be finished carts or ones awaiting repair. Mr. Blauvelt responded that the carts on display will be finished and ready for sale. Mr. Kautenburg stressed the fact that the use per code is retail and the Commission granted a waiver for the display of two carts. She stated that she is opposed to allowing the site to become a used vehicle lot. Mr. Reyes asked if this is not a site plan modification. Ms. Bosworth responded that because the business is not state licensed for vehicle sales staff views it as a retail use. She continued that retail does allow for outside display with the Planning and Zoning Commission approval and as a result the Commission approved the display of two carts; this is now a request to increase the number. She asked that if the motion is to approve the increase it be specific to the business and not the site. Ms. Kautenburg asked for clarification from staff on how the retail code applies to the use of the site for refurbishing. Ms. Bosworth responded that it is a grey area and that information had only become evident with the current request. She explained that staff could look at this business as skilled and trade services rather than vehicle service based on a prior approval for the kitchen cabinet shop that could have been considered manufacturing. Mr. Blauvelt responded that he has a shop on Micco Blvd where repairs are done, all that is done at this location is a final clean up and preparation for sale. Mr. Roth called for any further questions from the Commissioners, hearing none he opened the discussion to the public for comments. He called for anyone wishing to speak in favor of the request to come forward seeing none, he called for anyone wishing to speak in opposition to the request, seeing none he closed the discussion. He called for a motion. PLANNING AND ZONING COMMISSION PAGE 10 MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2016 MOTION: by Dodd/McManus "I move that we approve the outside display area sufficient to display six (6) carts, four at the front of the store and two located in parking space number one, conditionally that approval is specific to Harry B's Golf Carts business and Harry B's Golf Carts only and not succeed to future businesses at this location without approval of Planning and Zoning." Ms. Bosworth advised the Commission that per code parking spaces cannot be used for display and that parking space #1 is the handicapped space. Mr. Dodd stated that after staffs input he withdrew his motion. Mr. McManus withdrew his second. MOTION: by Dodd/McManus "I move that we approve the outside display area sufficient for six golf carts for Harry B's Golf Carts, that the approval is specific to Harry B's Golf Carts only and will not succeed to a future business at this location without Planning and Zoning approval and that Harry B's and City staff reevaluate parking requirements and City staff approve location for this display." Mr. Ginsburg expressed concern that Mr. Blauvelt understood what is expected. Mr. Dodd stated that it was necessary for staff and Mr. Blauvelt meet to determine the location of the six golf carts prior to any additional display carts. Ms. Bosworth stated that she will need a detailed plan of the building with the interior space use identified in order to reevaluate the parking requirements. Mr. Blauvelt asked how long the process would take. Ms. Bosworth responded that as soon as he will provide staff with the information necessary a decision can be made. Mr. Ginsburg suggested that the approval be stated for up to 6 golf carts. MOTION AMENDMENT: Dodd/McManus "I amend the motion to read up to six." Ms. Kautenburg asked if she understood that the outside display will never exceed 6 golf carts, because when she passes the business every morning there is a line of them outside. Mr. Dodd responded to the affirmative. Ms. Bosworth stated that after re- evaluating the parking requirements a definite display area will be established which is where the two additional carts are authorized to be parked. Mr. Dodd stated that there is a possibility that during the day there could be more than six carts in view, but those would be ones coming and going and not on display. Mr. Roth called for further comments, hearing none, he called for a vote. ROLL CALL: Mr. Roth —Yes Mr. Qizilbash—Yes Mr. Reyes —Yes Mr. McManus —Yes Total vote was 7-0. Motion Carried Mr. Carter —Yes Mr. Dodd — Yes Ms. Kautenburg — Yes PLANNING AND ZONING COMMISSION PAGE 11 MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2016 From a question asked by Mr. Blauvelt, Ms. Bosworth asked if the motion required the display be in a parking space or if he could utilize the grass area along the parking lot. Mr. Dodd responded that determination is up to staff. 10. Commissioners Matters Ms. Kautenburg stated that the street markings on Main Street were repainted and have washed away again. Mr. Reyes stated that the hole at Lake and Oak has been repaired with asphalt shavings and it seems to be holding up well. 11. City Attorney Matters — None 10. Staff Matters — None 13. Items for Next Agenda — None 13. Adiourn Chairman Roth called for any further business, hearing none he adjourned the meeting at 8:29 pm. /sm