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HomeMy WebLinkAbout11-10-2016 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION 06 MINUTES OF REGULAR MEETING NOVEMBER 10, 2016 C:O 1. Call to Order – Chairman Roth called the meeting to order at 6:00 pm. E N J E 2. Pledge of Allegiance was recited by all. (L E 3. Roll Call = 0` U` 6u4-0 Present: Chairman Roth Mr. McManus Vice Chairman Reyes Mr. Hughan (a) Mr. Carter Mr. Alvarez (a) ca .-C Mr. Dodd C N Excused: Ms. Kautenburg Mr. Qizilbash Also Present Mr. Frank Watanabe, City Engineer Mr. Robert Ginsburg, City Attorney Ms. Dorri Bosworth, Planner Ms. Jeanette Williams, Recording Secretary is Ms. Dale Simchick, IRC School Board Liaison was not present Announcements and/or Agenda Modifications Mr. Roth explained that with the excused absences of Ms. Kautenburg and Mr. Qizilbash, Mr. Alvarez and Mr. Hughan would be voting in their place. Mr. Roth called for any modifications to the agenda, hearing none he preceded with the agenda as written. 5. Approval of minutes MOTION: by Dodd/Carter to approve the September 15, 2016 minutes as presented. The motion passed unanimously by voice vote. MOTION: by Carter/McManus to approve the March 3, 2016 minutes as presented. The motion passed unanimously by voice vote. MOTION: by Dodd/Carter to approve the January 7, 2016 minutes as presented. The motion passed unanimously by voice vote. 6. Quasi -Judicial Public Hearings A. Quasi -Judicial Public Hearing — Conditional Use Permit — New Model Home — 1686 Addie Street—Ando Building Corporation. "I CL E PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF NOVEMBER 10, 2016 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. Ginsburg swore in those planning to testify before the Commission. Mr. Andre Dorawa, Jr., 361 Del Monte Road, Unit B, Sebastian stated that he is requesting approval to build a model home at 1686 Addie Street and use it for approximately 5 years. He stated that he had no additional information to provide. Mr. Roth called on staff to make their presentation. Ms. Bosworth explained that the application is for a Conditional Use Permit for a model home. She stated that because this is model home in a residential area there are certain conditional use criteria that have to be met, she reviewed those criteria. She provided details on the parking arrangements noting that an ADA space will be provided. They will receive credit for two spaces in the driveway and will provide three additional spaces by the street. She explained that the builder will install a culvert so customers will not be parking in a swale. Ms. Bosworth stated that staff recommends approval of the model home permit with the four conditions as stated on page three of the staff report. She explained that the permit expires one year from date of approval and may be renewed. At the time it is no longer used as a model the contractor is responsible for removal of the parking area, striping and all signage. Mr. Roth called for anyone from the public wishing to speak in favor of the application. Hearing none he called for anyone wishing to speak in opposition to the application. Hearing none he closed the meeting to the public and called for questions or comments from the Commissioners. Mr. McManus asked if the applicant is aware that the approval is for one year. Ms. Bosworth responded that the initial permit application is for one year, but extensions can be applied for which do not go before the Commission. Mr. Roth explained that if any problems occur with the usage, making the permit for one year those problems can be addressed sooner. Mr. Reyes asked if ADA restrooms would be available. Mr. Dorawa responded that as per code one of the bathrooms will be ADA compliant. Ms. Bosworth clarified that the prior model home that came before the Commission was one in which the garage was made into a sales office which effected the code requirements. Since this model will not have an office the code requirements are that of a single family home. Mr. Reyes commented that the driveway is close to the intersection and asked if that had been reviewed. Ms. Bosworth responded that Engineering has reviewed the plan and placement of the driveway does meet code. Mr. Roth asked if the drain field is for the septic system. Mr. Dorawa responded in the affirmative. Mr. Roth asked if there was sewage available in the area and expressed concern that if it is it should be used. Ms. Bosworth responded sewage is not available. Mr. Roth called for any further discussion, hearing none he called for a motion. PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF NOVEMBER 10, 2016 MOTION: by Reyes/Hughan "I make a motion to approve the Conditional Use Permit for the new model home at 1686 Addie Street by Ando Building Corporation as submitted" Mr. Ginsburg clarified that "as submitted" included the conditions in the Staff Report. ROLL CALL: Mr. Hughan (a) — Yes Mr. Roth — Yes Mr. Dodd — Yes Mr. McManus —Yes Total vote was 7-0. Motion Carried Mr. Alvarez (a) — Yes Mr. Reyes —Yes Mr. Carter —Yes B. Quasi -Judicial Public Hearing — Site Plan & Conditional Use Permit — StoreRight Self Storage — 68,910 SF Mini -Storage Facility — 9220 Sebastian Boulevard — Commercial General (CG) Zoning District. Mr. Ginsburg swore in all those planning to provide testimony regarding this application. He 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. He requested the applicant come forward and make their presentation. Mr. Warren Dill, Attorney, 1565 U. S. Hwy 1, Sebastian, stated that he represents the applicant, StoreRight (Sebastian XIII), LLC. He introduced Mr. Shaun Puri, StoreRight Construction Manager; Mr. Brian Good, Kimley-Horn & Associates, traffic engineer; Mr. Montoya, General Contractor; Mr. Steve McConn, Chastain, Skillman, Inc., site engineer; Mr. Scott Kelly, company CEO and President of the Florida Self Storage Association. He explained that they are before the Commission to request site plan approval and approval of a conditional use permit for a mini -storage facility to be located at 9220 Sebastian Blvd. He noted that the application is consistent with the City's Comprehensive Plan, Zoning District and the additional requirements of the CR512 Overlay District. He stated that the project has met all the requirements. He provided details on the upgraded aesthetics of the buildings and site. He explained that the property has been vacant since it was annexed into the City in 2004; the overall intensity of the project is very low; the traffic generated will be very low. He stated that the project will not be visible from Sebastian Crossings Subdivision, the only development near the site, because of the large amount of shrubs and vegetation. He showed and explained numerous photos of the jogging trail, the natural buffering and the other establishments near the proposed site. He explained the purpose was to provide a visual of how the proposed facility would look from various angles. Mr. Nick Zent, Project Architect, 132 West Plant Street, Winter Garden, distributed renderings of the proposed project and provided a detailed description of how the site will be landscaped using both the existing trees and shrubs and installing new plant PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF NOVEMBER 10, 2016 materials to enhance the overall appearance of the site and reduce the visibility of the buildings. Mr. Dill stated that he is aware of the objections of the residents of Sebastian Crossings. He explained that the lighting of the site will be located on the buildings and not pole lights that would spill onto surrounding properties. The dumpster will be located internal to the site and will not be visible to residents entering or leaving Sebastian Crossings. He provided a history of the surrounding area and a previously proposed storage facility which never was built stating that this application is in no way similar to the previous application. He requested that the Commission consider approval of the Site Plan and Conditional Use based on staffs thorough review and recommendations. Mr. Steve McConn, Chastain, Skillman, Inc., 4705 Old Highway 37, Lakeland stated that access to the site will not be via Sebastian Crossings Boulevard but by using the access road shared with AutoZone and Dollar General; all drainage will be into the retention pond shared with these businesses and will not impact Sebastian Crossings Boulevard. He stated that great effort has been made to address and comply with all concerns raised by staff to make this project conform to the area both aesthetically and functionally. Mr. Brian Good, Kimley-Horn and Associates, 445 24`h Street, Vero Beach, stated that as documented by the Indian River County traffic data a self -storage facility is the very lowest traffic generator of any allowed use for the site. He explained that their traffic study has been reviewed and accepted by both Indian River County and City staff. He stated that the study shows the traffic generated poses no adverse impact. Ms. Bosworth explained that at the time the Public Notice went out there was proposed to be 74,700SF of storage; that has been reduced to 68,910SF. The notice also stated that the 47 outside storage spaces would be covered, they will not be covered. She provided a history of the site by stating that there was a proposed site plan which staff was developing their report to recommend denial, however the project was pulled and it was never brought to the Council or Commission. She stated that a building setback variance had been requested on this application but as a result of the denial by the Board of Adjustments the plans before the Commission have been revised and do meet all the setbacks. Ms. Bosworth provided details on the number of buildings and their heights. She noted that although the taller interior buildings do not meet the required 5/12 pitch, staff and the applicant felt they would be more attractive at a lower height. As a result they will be 17' 8.5" rather than the approximate 25' which would have resulted using the 5/12 pitch. She stated that the site plan meets parking requirements, a copy of the master storm water permit including this property is on file with the City. She concluded her report on the site plan application by stating that it meets all the applicable requirements. PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF NOVEMBER 10, 2016 Ms. Bosworth continued with the Conditional Use application. She stated that the conditional use is where the Commissioners have the opportunity for input. She reviewed the Conditional Use criteria (#23 a -e) item by item and provided details on how this application meets those requirements. Ms. Bosworth stated that staff and the applicant have worked together to make the aesthetics of the site as pleasing as possible. The effort to maintain the "fishing village" theme was followed as closely as can be considering the nature of the project. She showed the color samples of the paints to be used. She advised the Commissioners that a Gopher Tortoise is located on the property and a condition of site plan approval is receiving a copy of the relocation permit and verification that the tortoise has been removed prior to issuance of a land clearing permit. Ms. Bosworth concluded by stating that the proposed mini -storage conditional use is consistent with the City's Comprehensive Plan and the Land Development Code and the site plan is consistent with the Comprehensive Plan, Land Development Code and CR512 Overlay District. As a result staff recommends approval of both the site plan and the conditional use permit with the condition as stated in the staff report. Mr. Roth thanked Ms. Bosworth for the detailed report. He called for questions or comments from the Commissioners. Mr. McManus asked about hours of access; the availability of the restroom facility to the public; location of entry/exit from the site and if there would be more than one access point. Mr. Dill responded that access is controlled and provided the hours of operation; he explained that the restroom facility is within the controlled area and is for customers only; the only entrance will be off CR512 and noted that there is an existing road which will not be used as an entrance off Sebastian Boulevard. Mr. Reyes asked for details on the lighting. Mr. Zent explained that there are three type lights; can lights will be used over the office entrance, wall mounted lights will be used on the perimeter buildings and sheppard hook lights will be used on the interior buildings. He stressed that there will be no pole lights used. Mr. Alvarez asked what type lighting is proposed. Mr. Zent responded that it will be high efficiency LED lighting which would be white and not yellow. Mr. Reyes asked about the conservation easement and if there may be an eagle's nest. Ms. Bosworth responded that the land was deeded to St. Johns WMD in the original plat and is possibly part of the wet lands and slough. Mr. Reyes asked about the trail which abuts the site. Ms. Bosworth explained that is part of the Rails to Trails project under taken by Indian River County. Mr. Roth asked for additional details on the can lighting. Mr. Zent explained that they would be recessed in the overhang at the office door, would shine down and would be no more than about 8 feet high. PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF NOVEMBER 10, 2016 Mr. McManus asked if the project would have to conform to the CR512 Overlay District landscaping requirements. Ms. Bosworth responded that the very smallest part of the site falls under the overlay district landscaping requirements and the remainder of the landscaping requirements are part of the conditional use permit. Mr. Dodd asked about the number of parking spaces. Ms. Bosworth responded that the parking spaces used to meet code do not include those intended for storage but are for customers parking to load or unload at their storage units and for visiting the office. Mr. Dodd expressed concern about the possible congestion caused by RVs exiting the site in order to go east bound on CR512. Mr. Watanabe explained that the congestion at Sebastian Crossings Blvd and CR512 has been examined during prior applications but Indian River County traffic engineers did not feel it posed a safety hazard, it is more of an inconvenience and delay in getting through the light. Mr. Dodd asked if the roof height not complying with the 5/12 pitch requirements needed a variance. Ms. Bosworth responded that the requirement addresses various types of roof styles and based on that factor a variance would not be necessary. Mr. Roth called for any further questions or comments from the Commission, hearing none he opened the meeting for public comment. He called for anyone wishing to speak in favor of the application to do so at this time. There being no one wishing to speak in favor of the project he called for those wishing to speak in opposition to do so at this time. Mr. Douglas Vitunac, Attorney, Collins Brown, 756 Beachland Boulevard, Vero Beach stated that he represents About Storage, Acorn Mini Storage and Sebastian Self Storage and he is present to provide a history of the site and explain how the proposed use does not meet the City's Comprehensive Plan. He expressed concern that the inaccuracies in the Public Notice and the date change may be the result of a staff shortage at the City. Mr. Roth stated that the date change was due to the Chambers being used for voting. Mr. Vitunac provided a detailed history of the property when it was in the county and then as it was annexed into the City. He stated that the developer presented the City a plan for residential, commercial general and retail development. He stated that this was the City's vision to make CR512 an inviting gateway into the City. Mr. Vitunac played a portion of the City Council Meeting related to the annexation of this properly. He noted that the consensus of the Council was the importance of the creation of jobs, residences and an attractive prosperous entry into the City. He quoted the statement that the applicant made regarding the City's retaining control of development of the property and urged the Commissioners to exercise that control in considering the application being presented. He concluded by stating that a mini -storage facility is more industrial than commercial general and definitely not the retail use that the City had envisioned for this prime piece of property which is the gateway into the City and a visitor's first impression. PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF NOVEMBER 10, 2016 Mr. Dick Krull, 360 Sebastian Crossings Boulevard stated that he represents the Sebastian Crossings Home Owners Association and home owners in Fischer Lake Islands subdivision. He presented a petition signed by 128 residents of Sebastian Crossings in opposition to the proposed facility. Mr. Krull showed multiple slides and photos depicting the traffic problems that exist in the area and stated that adding this facility would only make the maneuverability more difficult and hazardous. He expressed concern about the greater possibility of flooding. He read parts of the CR512 Overlay District Code and stated that this use does not meet the intent to provide a pleasing entry into the City. He stated that although there is landscaping the buildings and RV storage would be visible from Sebastian Crossings Boulevard and the trail which was developed because of the path's historic value to both Sebastian and Fellsmere. He concluded by urging the Commissioners to deny this application. Ms. Debbie Duncan Sargent, 103 Carlisle Way was sworn in by Mr. Ginsburg. She stated that her home was purchased with the knowledge that the property along CR512 was commercial and they hoped there would be shopping, restaurants, etc. She requested that the Commission deny the application for the mini -storage, which is more industrial, and keep the area as it was originally intended to be. Mr. Steve Philipson, owner of About Storage, was sworn by Mr. Ginsburg. He stated that mini -storage facilities are appropriate for industrially zoned areas and not commercial general areas. He commented that approving this conditional use would be a serious misuse of a prime location. He urged the Commissioners to deny the application and maintain the original intent for development of the property. Mr. Roth called for anyone else wishing to speak in opposition to the application. Seeing none, he asked if Mr. Dill wanted the opportunity to address the concerns expressed. Mr. Dill stated that he was not aware that there were three mini -storage facilities in the City who oppose competition. He responded to Mr. Vitunac's statement that the use is not consistent with the Comprehensive Plan when City staff had determined that it did. He provided details on the original plan for development by explaining that Publix declined being an anchor tenant in a shopping center that was not "on a hard corner' as a result of this the developer determined a storage facility may be more appropriate. He provided details on what was presented on the original plat by stating that it did show a mini -storage facility when this property was annexed. He stressed the fact that due to the size the property would not be developed for retail and if it were the residents would be facing a far greater traffic problem than what the proposed facility would create. Mr. Scott Kelley, 6225 Tigerflower Court, Land O Lakes, FL stated that he has been in the mini -storage field for many years and has done many studies regarding supply and demand of storage facilities. He noted that because of the weather conditions and the number of HOAs in Florida the demand for offsite storage is higher. He explained that the nature of storage facilities has changed over the years and is now part of commercial rather than industrial zoning districts because they are used by women and the commercial environment is safer and more attractive than going into an industrial PLANNING AND ZONING COMMISSION PAGE 8 MINUTES OF REGULAR MEETING OF NOVEMBER 10, 2016 area. He provided detailed statistics on how the market is evaluated and the relationship of this site to the three other self -storage facilities in the City. He noted that in his research he determined that the existing facilities are close to capacity which supports the need of additional self -storage units. He concluded by asking the Commission approve the application. Mr. Dill asked if there were any questions, there being none he concluded by stating that the site plan and conditional use applications do meet the City's code and requested the Commission approve the applications. Mr. Roth stated that comment and discussion is concluded and called on staff to present their summary and recommendations. Ms. Bosworth stated that the site plan does meet all the regulations and staff recommends approval. Ms. Bosworth stated, regarding the conditional use permit, that the code does allow a conditional use for mini -storage facilities in the Commercial General Zoning Districts and that is what was used in formulating the staff recommendations. She read the conditional use criteria and advised the Commissioners that they have the discretion to approve or deny based on their interpretation of compliance with these criteria and input during the Public Hearing. She explained that the proposed facility that came to the City in 2006 did not meet what staff considered the aesthetics that were wanted for the CR512 gateway, but due to various reasons the application was never brought to the Commissioners. She stated that staff feels that requirements of the conditional use permit and site plan are met and staff recommends approval with the condition that addresses the gopher tortoise. Mr. Roth thanked staff and stated that he has done research and in fact this application is eligible for a conditional use permit. He called for comments or questions from the Commissioners. Mr. Dodd asked Mr. Ginsburg if there were any provisions in the annexation ordinance that prohibits or restricts this type use of the property. Mr. Ginsburg responded that there were none with respect to this parcel. Mr. Dodd stated that he feels that there could be a better use of the property since it is the gateway into the City, but the decision has to be based on the code. He expressed concern about the traffic and congestion that will be created and ask staff, that if this application is approved, if they could look into some possible remedies. Mr. Dodd asked if the motion for the conditional use permit should include language stating that the storage spaces be specifically identified as RV storage to prevent the possibility storage of rental trucks. Mr. Ginsburg responded that condition could be included in the motion. Mr. Reyes commented that he feels that the proposed facility will be an improvement to the area as a gateway into the City. He stated that the actual storage will be toward the rear of the property and what would be visible from CR512 would be the entrance. He stated that as far as the traffic, in his opinion those exiting the site would go west bound PLANNING AND ZONING COMMISSION PAGE 9 MINUTES OF REGULAR MEETING OF NOVEMBER 10, 2016 on CR512 then make a u -turn if they wanted to proceed east. He expressed concern about the bus traffic, but stated that is not part of this application and needs to be addressed with the City and County. Mr. Reyes stated that, from personal experience, there is a need for additional storage facilities because of the restrictions on boat and RV storage at residences. He stated that he is in favor of approval of the applications. Mr. Roth asked if the restriction prohibiting storing flammable or explosive materials in the facility is in the lease. Mr. Dill responded that it is a condition of in the lease agreement which is probably very similar to the other storage facilities in the City. Ms. Bosworth stated that storage of hazardous materials is also reviewed by the Fire Department and if that were allowed the cost of fire walls between units would be extremely high. Mr. Roth called for any further discussion, hearing none, he called for a motion. MOTION: by Dodd/Reyes "I move that we approve the conditional use permit for Store Right Sebastian consisting of 68,910 SF mini -storage facility at 9220 Sebastian Boulevard within the Commercial Zoning District." Mr. Roth called for any further comments, hearing none he called for a vote on the conditional use permit. ROLL CALL: Mr. Reyes —Yes Mr. Roth — Yes Mr. Alvarez (a) — No Mr. McManus — Yes The vote was 6 - 1. Motion Carried. Mr. Dodd — Yes Mr. Hughan (a) — Yes Mr. Carter—Yes MOTION: by Reyes/Dodd "I will make a motion that we approve the site plan for Store Right Sebastian for a 68,910SF mini -storage facility at 9220 Sebastian Boulevard with the staff condition for the gopher tortoise removal." Mr. Roth called for any further comments, hearing none he called for a vote on the site plan. ROLL CALL: Mr. Roth — Yes Mr. McManus —Yes Mr. Reyes —Yes Mr. Dodd — Yes Mr. Alvarez (a) — No Mr. Carter —Yes Mr. Hughan (a) —Yes The vote was 6 - 1. Motion Carried. Mr. Roth thanked everyone for their patience and input this evening. He stated that the meeting was still in process and asked all those wishing to have a discussion to exit the Chambers.