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HomeMy WebLinkAbout05-03-2018 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES MAY 3, 2018 1. Call to Order— Chairperson Kautenburg called the meeting to order at 6:O1 2. Pledge of Allegiance was recited by all. 06 3. Roll Call Present: Also Present: C_ Mr. Roth Mr. Mauti (a) .0 Mr. Simmons (a) Mr. Qizilbash A E 9 � n Ms. Kautenburg Mr. Hughan C G Mr. Carter Mr. Alvarez e Mr. Reyes LC V ,VJ Mr. James Stokes, City Attorney O Ms. Lisa Frazier, Community Development Directo� �C ac�, 2 Ms. Dorri Bosworth, Planner N Q Q tCL o Ms. Janet Graham, Technical Writer Ms. Dale Simchick, Indian River County School Board, was not present. 4. Announcements and/or Agenda Modifications Ms. Kautenburg proposed an agenda modification to move Item No. 9A, New Business, forward to make it Item A under Section 6, Quasi -Judicial and Public Hearings. No objections were voiced. 5. ADDroval of Minutes Regular Meeting of April 19, 2018 Ms. Kautenburg asked for any additions or corrections to the Minutes as presented. Mr. Roth suggested three corrections as follows: (1) On Page 6, in the second line of the last paragraph the word "urgent' be inserted to read, "Since there were urgent time constraints..."; (2) Page 7, fourth paragraph, he would like to add the sentence, "Many early railroad depots in Florida were painted yellow."; and (3) Page 10, last paragraph, after the first sentence adding, "Does the two-lane road end where the new entrance is planned?" Ms. Kautenburg asked for any additional changes or corrections. Hearing PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF MAY 3, 2018 none, she asked for a motion to accept the Minutes with the above changes. A motion to accept the Minutes with the above changes was made by Mr. Carter, seconded by Mr. Hughan, and approved unanimously by voice vote. 6. Quasi -Judicial and Public Hearings .A. Accessory Structure Review — LDC Section 54-2-7.5 — 480 Concha Drive — 988 SF Detached Garage — M/M Joseph Harrison Brian Flores, contractor for the project, described the proposed project, which will be a detached garage with a parking space on the adjacent lot, said lot having been previously purchased by the homeowner. Ms. Kautenburg asked members of the Commission if anyone had had any ex parte communications on this project. Members indicated no. Mr. Roth had a question regarding the driveways and whether they had been reviewed by the City Engineer. Ms. Bosworth stated they will be reviewed by the City Engineer and a decision will be made before the permit is issued. She explained that the item for consideration of the Commission is the structure itself, the landscaping, and the use of the property. Mr. Mauti asked if the proposed bathroom will tie into the existing septic. Mr. Flores answered yes. Mr. Mauti also asked if the power will tie into the existing home. Mr. Flores answered yes. Mr. Hughan asked if this would be a two-story structure. Mr. Flores explained that it is not a two-story structure, the steps shown lead up to a deck. Mr. Qizilbash questioned regarding the septic system, whether the Health Department had been contacted, as the drain field may have to be increased. Mr. Flores stated if the addition does not contain a bedroom, he would not need approval from the Health Department. Mr. Qizilbash pointed out the stairs are not shown on the floor plan. Mr. Flores stated he can have them added to the floor plan. Mr. Reyes questioned the peak height on the roof and what is the peak elevation compared to the existing structure. Mr. Flores stated the roof will be six inches lower PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF MAY 3, 2018 than the existing structure. He also resubmitted a plan to lower the slab another six inches, so the new structure would be about 12 inches lower than the existing structure. Mr. Reyes asked about the remaining trees on the property, and Mr. Flores said they plan to remove all the trees from the lot. He will acquire a permit to remove the oak tree and will eventually have to mitigate that by planting two oaks. Mr. Reyes asked about the capacity of the present septic system, and Mr. Flores explained that, unless there is another bedroom added, there does not have to be an increase in the capacity of the septic system. Mr. Reyes would like to see a landscape plan. Mr. Flores stated he would submit a landscape plan. Ms. Bosworth stated they will be required to have 34 hedge plants around the building, and staff will confirm that the hedges and 15 trees are in place before the CO is issued. Mr. Reyes inquired whether the headwall in the rear of the lot is continuous across both lots. Mr. Flores stated yes. Ms. Kautenburg inquired if this project is in an area where there is question as to the stability of the seawalls. Ms. Bosworth stated any structural stability on the lot will be considered by the Building Department. Ms. Kautenburg stated she is uncomfortable with the bathroom in the garage and all the access doors making it appear as an additional living space. Ms. Bosworth stated they were required to label the use of each area so it is clarified for any future owner as tb the intended uses for the structure. Mr. Roth stated from the drawings the roof looks higher than the roof on the existing structure. Mr. Flores assured the Commission that the engineers were out and studied it, and the new structure will be 12 inches lower than the existing roof. Hearing no further questions or comments from the Commission, Ms. Kautenburg asked for a motion. A motion to approve the Accessory Structure Review at 480 Concha Drive with an attached garage with the conditions that there be submitted a landscape plan showing proper foundation plantings, hedge plants and trees to be compliant with City code was made by Mr. Carter and seconded by Mr. Alvarez. Ms. Bosworth asked the Commission to allow staff to verify landscaping compliance at the final inspection as to not hold up issuance of the building permit. Mr. Carter amended the motion to exclude that condition. Mr. Alvarez agreed. Motion passed unanimously by voice vote. B. Public Hearing — Recommendation to City Council — Large Scale Comprehensive Plan Future Land Use Amendment — Graves Brothers Company, PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF MAY 3, 2018 Applicant — Section 25, Township 31 South, Range 38 East — Subject Parcel being 75 Acres, More or Less, Located On CR 510 — Request is for CG (General Commercial) Land Use Mr. Stokes read the item into the record. Joseph Schulke of Schulke, Bittle & Stoddard, Vero Beach, represents Graves Brothers concerning this project. He described the property as being on the north side of CR 510 and abuts the City limits in the Laconia area south of the south prong of the Sebastian River/Creek and east of the Lateral C Canal. The property is 66 acres. He described the history of how the County recommended properties that could be annexed to the City, this being one. He stated the City's comprehensive plan indicates the City is in need of commercial, industrial, and multi -family property and needs to add that to their plan. He described this property is at a proposed intersection where there will be a lot of traffic. Inter -County and FDOT are planning to extend 82Id Avenue from its current termination point all the way to CR 510, and that will be the new truck route. The CG designation in Sebastian does support commercial, light industrial, and multi -family development. Ms. Kautenburg asked for questions/comments from the Commission. Mr. Carter asked about the projected time line of this project. Mr. Schulke opined that it will be concurrent with the 82"d Avenue and 510 improvement plan, which will probably occur in 2021-22. Mr. Qizilbash asked who owns the property north of this property. Mr. Schulke identified the property north of the eastern portion of this property as being owned by the City and the Sebastian River Improvement District. Ms. Frazier stated everything south of the Elkham Canal is in the County. Mr. Mauti asked Mr. Schulke to estimate how many residential or multi -family units would be developed if commercial development was not pursued. Mr. Schulke stated the developer does not have a plan in place at this point, but it could be 100-200 units plus the commercial component. Mr. Roth asked where 82"d Avenue will be in relation to this property. Mr. Schulke stated it will be on the east side of the canal and the west side of this property. Mr. Roth PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF MAY 3, 2018 asked the staff when 82nd Avenue is extended, who will finance that. Ms. Frazier explained that the DOT is bringing 82nd Avenue just to 510 at this point, and there are no plans to extend 82nd Avenue north to the River. Mr. Reyes questioned if the DOT proposed improvement is for a truck route. Mr. Schulke stated it is a designated truck route to go from 512 to 510 to 82nd Avenue to State Road 60. Mr. Reyes is concerned with the impact on the wetlands and the increase in truck traffic entering the City. Mr. Alvarez shares Mr. Reyes' concerns and is concerned about the future of Laconia. Ms. Kautenburg thinks this project would be a good addition to the City. Ms. Kautenburg asked for public input in favor of the project. Ben Hocker, Sebastian, asked if the Commercial General designation would allow apartment complexes. Ms. Frazier explained that it could become a mixed -use development with commercial and high -density residential. Ms. Kautenburg asked for public input opposed to the project. Nikki Grant, Laconia Street, Sebastian. Her concern is that the applicant could not give many specifics for the plan, and she thinks it is premature to approve the project and is concerned that, if the property becomes commercial, it is going to cause a larger drainage demand on the area. She also objects to a truck route going through the Highlands. There being no further public input, Ms. Kautenburg asked the staff for their input. Ms. Frazier reviewed the staff report and the considerations to be made by the Commission in determining a change in future land use, including the fact that future commercial development projections are low in Sebastian compared to other areas in the State. She also stated there are no future plans for Laconia as being part of a truck route. Staff thus recommends a favorable recommendation to approve the requested land use change. Ms. Kautenburg called for deliberation/questions by the Commission. PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF MAY 3, 2018 Mr. Roth questioned how the land use can be changed if the property is not in the City. Ms. Frazier explained that the Commission is only recommending change in land use, and it will be up to City Council to determine if this property should be annexed by the City. Mr. Reyes raised the question of how annexations come to the City. Ms. Frazier explained that requests for annexation are made to the City by others. There being no further discussion, Ms. Kautenburg called for a motion. A motion was made by Mr. Carter, seconded by Mr. Roth that the Planning and Zoning Commission forward a favorable recommendation to City Council to approve the requested land -use change to General Commercial by the applicant, Graves Brothers Company, for Section 25, Township 31 South, Range 38 East — of approximately 75 acres. Ms. Kautenburg called for a roll call. ROLL CALL: Mr. Reyes -- No Mr. Roth -- Yes Mr. Alvarez -- No Mr. Qizilbash -- Yes Total vote was 5-2 in favor. Motion carries. Mr. Hughan -- Yes Mr. Carter -- Yes Ms. Kautenburg -- Yes Ms. Kautenburg stated that the public hearing was closed. C. Quasi -Judicial Public Hearing — Site Plan Modification — Sunshine Early Learning Center — 2,150 SF Building Addition — 1001 Roseland Road — RS- 10 (Single Family Residential) Zoning District Mr. Stokes read the item into the record and swore in anyone who will be speaking on this project. Mr. Qizilbash stated he recused himself from voting on this item and signed the recusal 8-B form. Ms. Kautenburg asked members of the Commission if anyone had any ex parte com- munications on this project. Members indicated no. Ms. Kautenburg asked for the PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF MAY 3, 2018 applicant to speak on the project. Mr. Tahir Qizilbash, Engineer for the project, described where the property is located. The proposal is for an additional structure of 2,150 square feet and improving the parking lot to a total of 25 spaces with a concrete surface. The existing septic system will be abandoned in favor of connecting to the County main system. The existing retention area will be addressed, and there will be a curb around the retention area and the parking area. Traffic flow will remain the same as well as signage. Landscaping will be adding canopy trees along Roseland Road, bushes along Fulton Street and Riviera Avenue and understory bushes. Ms. Bosworth reviewed that this is an existing site which abuts three streets, and most of the site issues were grandfathered in. There will be new fencing around the building. The applicant has met the conditional -use criteria. The additions will not require a change in the state license. She stated the consulting engineer had three comments if the application is approved, and staff has added them as conditions. Mr. Qizilbash stated he would comply with those conditions. Ms. Bosworth asked that if the State licensing capacity changes, the City be notified, and staff will revisit parking calculations. Ms. Kautenburg asked for questions/comments from the Commission. Mr. Reyes asked if there were any green elements in the design. Mr. Qizilbash stated no, the parking lot will be concrete. Mr. Roth asked about the increased traffic trips generating a new traffic study. Ms. Bosworth stated presently projected trips are 80; if there are projected to be over 100 trips daily, that would require a new traffic study. Ms. Kautenburg asked for public input in favor of the project. Robert Brodie, architect for the project, stated the project functions well. Mr. Reyes suggested the possibility of gathering rain water on site, as this is a learning center for the children. Mr. Mauti asked if the playground is ADA approved. Mr. Brodie stated there were some PLANNING AND ZONING COMMISSION PAGE 8 MINUTES OF REGULAR MEETING OF MAY 3, 2018 concrete surfaces added, and the threshold from inside the building to the sidewalk around the building is ADA approved. Mr. Qizilbash stated the playground meets the requirements for children, and there are no ADA requirements for the playground area itself. Mr. Mauti is concerned about the safety of children being around the retention ponds. Mr. Qizilbash stated the children will not be near the retention ponds. He stated state requirements are for a fence around any retention ponds three feet and above; these ponds are two feet deep. Mr. Roth is concerned that there is not an emergency exit between the two buildings past the fence to the front. Mr. Brodie stated there are two emergency exits, one on the very north of the new building and one on the south of the existing building. Mr. Brodie explained the emergency plan in place for the site. Mr. Alvarez asked what the current enrollment is. Mr. Qizilbash stated enrollment is presently 50. Mr. Reyes asked if there is a plan to continue the four -foot fence over to the building. Mr. Qizilbash stated no. Ms. Kautenburg asked for public input from anyone opposed to the project. Steven Steinacher, 850 Riviera, Sebastian, asked what is the maximum enrollment permitted with the current state certification. His concern is for the noise generated by the children, and a concern about the additional traffic on Riviera. He asked if there will be a new fence and suggested more landscaping along Riviera. Mr. Qizilbash stated there would be more trees and bushes in that area, they will be adding trees and understory bushes, and the shed will be inside the fence. He stated present enrollment is 50, and the license is for 70. Ms. Bosworth addressed the landscaping plan, including palm trees and three-foot viburnum hedges and suggested a condition could be imposed to allow the hedges to grow even taller so as to create additional noise buffering. Ms: Kautenburg asked for questions or comments from the Commission. Mr. Mauti suggested conditioning approval on the viburnum hedges being kept at a certain height to provide additional buffering. PLANNING AND ZONING COMMISSION PAGE 9 MINUTES OF REGULAR MEETING OF MAY 3, 2018 Mr. Roth questioned whether the higher hedges would cause a site problem for vehicular traffic, and Ms. Bosworth stated staff would look into that. Hearing no further public input, Ms. Kautenburg called for a motion. Motion was made by Mr. Carter, seconded by Mr. Alvarez to approve the Sunshine Early Learning Center site plan modification for a 2,150-square-foot building addition with the following conditions: If the state licensure changes in the future with regard to capacity, the site plan will be revisited in the future regarding parking requirements and conditional use criteria. Mr. Alvarez stated that other conditions suggested by the Consulting Engineer be a condition for approval, being: (1) Provide inverts for the proposed 12-inch ADS pipe connecting the two retention areas; (2) Provide a section detail of the grass parking area; and (3) Place a "One -Way Only" sign along the driveway leaving the parking lot heading north. Ms. Bosworth stated another condition is the five-foot Type A landscape buffer along Riviera Street. Ms. Kautenburg called for a roll call. ROLL CALL Ms. Kautenburg — Yes Mr. Hughan -- Yes Mr. Carter -- Yes Total vote was 6-0 in favor. Motion carries. 7. Unfinished Business — None. 8. Public Inout— Mr. Roth -- Yes Mr. Reyes --Yes Mr. Alvarez -- Yes Ben Hocker, Sebastian, addressed the accessory structure review at 480 Concha Drive and asked if the title to the two properties had been merged. Ms. Kautenburg stated yes. 9. Commission Matters Mr. Carter made a motion, seconded by Mr. Roth, that the Commission make a proclamation recognizing Mr. Griffin, who will be retiring, for his public service to the community. Motion passed unanimously by voice vote. PLANNING AND ZONING COMMISSION PAGE 10 MINUTES OF REGULAR MEETING OF MAY 3, 2018 10. City Attornev Matters — None. 11. Staff Matters Ms. Frazier announced that two commissioners have already signed up for the Growth Management Workshop to be held on June 7�h in City Hall, and the Atlantic Coast section of the APA will pay for the Commission's participation. 12. Adjourn Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 7:37 p.m. A FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME IZ MAIL((339Stf IN ADDRESS to 3 tar} IZ3A-g l CICOUNTY TY tw\J FL -TNP-t DATE ON WHICH VOTE OCt;URRED Ttfu�50/tJ M4�1 .3 INAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE PL-AN,VIn,(r ZOA l IV(s— Cb/rt/KI S S 1 ri,- THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCALAGENCY NAME OF POLITICAL SUBDIVISION: ll`ry a F S tY6/i-s 7 1 AvV MY POSIQ N IS:' ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813 - EFF. 10/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(0, F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The forth must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the forth in the minutes. A copy of the forth must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. //-• Gn _ at 17J /S 4n t hereby disclose that on Sly//L (a) A measure came or will come before my agency which (check one or more) , ' inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative. inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,20 by which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. c �.3 /P' Date Filed S r�a NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB - EFF. 10/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(0, F.A.C.