HomeMy WebLinkAbout03-21-2019 PZ MinutesCITY OF SEBASTIAN
PLANNING & ZONING COMMISSION MINUTES
MARCH 21, 2019
1. Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m.
2. Pledoe of Allegiance was recited by all.
3. Roll Call
Present: Mr. Roth Mr. Mauti (a) p j ..
Mr. Simmons (a) Mr. Qizilbash N44
Ms. Kautenburg Mr. Hughan C -on
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Mr. Carter Mr. Alvarez E fE
Not Present: Mr. Reyes -- Excused 0
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Also Present: Ms. Dom Bosworth, Planner '++ --
Ms. Janet Graham, Technical Writer 3 "
Ms. Mara Schiff, Indian River County School Board, was not present. N O c n m
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4. Announcements and/or Agenda Modifications
Ms. Kautenburg announced that, since Mr. Reyes is excused, Mr. Simmons will be voting
in his place.
Ms. Kautenburg proposed an agenda modification, moving New Business to being
addressed immediately after approval of the Minutes, with the item listed for consideration
being an accessory structure review Hearing no objections, the modification to the
agenda was approved.
5. Aooroval of Minutes
A. Regular Meeting of March 7, 2019.
Ms. Kautenburg asked for any additions or corrections to the Minutes as presented.
Hearing none, Ms. Kautenburg asked for a motion to accept the Minutes. A motion to
accept the Minutes as presented was made by Mr. Carter, seconded by Mr. Hughan, and
approved unanimously by voice vote.
6. New Business
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MINUTES OF REGULAR MEETING OF MARCH 21, 2019
A. Accessory Structure Review — LDC Section 54-2-7.5 — 557 Sloane
Street — 720 SF Detached Garage — Cheryl Scranton
Ms. Kautenburg asked for the applicant to present her case.
Ms. Cheryl Scranton and Mr. Ed Furnari, her husband, appeared, and Mr. Furnari spoke
on the matter. His proposed plan is to build a garage on the lot adjacent to the lot on
which their house is situated. It will be a Carolina Carport building, all metal.
Ms. Bosworth stated that, based on the size of the proposed garage -720 square feet—
it is required to be reviewed by the Planning and Zoning Commission. The staff report
contains all the items from the Code that need to be met in order to issue the building
permit. The setback requirements of 20 feet have been met. Because the building is
proposed to be erected right at the 20 -foot setback line, the Building Department will
require a new survey. She stated the house is 14 feet in height, but she needs to know
what the height of the proposed structure will be. Mr. Furnari stated it will be 13 feet. Ms.
Bosworth stated the applicants had mentioned that there are two sheds on the property.
Mr. Fumad stated each of the sheds is 12 by 10 feet, but one of those sheds is going to
be tom down after he builds the new garage. Ms. Bosworth stated it should be a condition
of approval that the one shed be taken down and removed from the property before the
CO is issued on the new building. She stated that the architectural design of the proposed
building must be compatible with the overall architectural design of the primary residence,
including facades and materials, color, trim, roofing materials, and pitch. Staffs only
concern is with the roof. The applicants have stated the roof on the new structure is going
to be a green metal roof.
The roof on the house is now a black shingle roof. Mr. Fumari stated regarding the color
of the roofs, the roof on the house is 20+ years old. They will be doing a new roof within
the next five years, and they do not want a black roof. They plan on putting a green metal
roof on the house when they replace the roof so it is more in line with the carport roof. He
further stated that, if this is a major issue, he can always change the color of the roof
going on the carport to black.
Ms. Kautenburg inquired if any members of the Commission had any questions or
comments.
Mr. Simmons:
• Inquired if the trees that are presently existing are to remain. Mr. Furnari stated
yes, they will keep the trees that are there now.
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MINUTES OF REGULAR MEETING OF MARCH 21, 2019
Mr. Roth:
• Regarding the proposed structure being corrugated metal, he inquired if staff is
satisfied with that. Ms. Bosworth stated the siding on the house is vertical, and the
metal on the carport will be horizontal. If the proposed structure were 750 square
feet, the siding would have to match the house exactly, but with the 720 square -
foot size, it is not required to match exactly. She stated the garage will be painted
to match the color of the house.
• Commented that the color of the proposed building is listed as tan. Mr. Fumed
stated the builder only offers so many color choices, and the one they picked
appeared to be the closest to the color of the house.
• Commented on a 12 x 12 concrete pad in the rear of the property with a 4 -foot -
wide walkway that is pictured. Mr. Furnari stated that concrete pad and the
walkway are no longer present; there is a pool in that area.
• Asked if Mr. Fumed has any objections to the motion containing the Sandstone
color as the color of choice. Mr. Fumed said that would be acceptable. He will
contact the contractor and change the color to Sandstone if necessary.
Ms. Kautenburg:
• Mentioned a rather large motor vehicle pictured, and it appears to be parked near
the front of the lot. The Code states recreational vehicles must be behind the front
line of the house. Mr. Furnari stated they would move that vehicle so that it is in
compliance.
• Stated she does not have a problem with the color of the roof as proposed. She
stated there is enough diversity in the neighborhood and there are enough trees
on the lot that the roof colors will not be a problem.
Mr. Mauti:
• Inquired whether the building will have any windows. Mr. Fumed stated it would
have no windows, just a garage door on the front and one on the back and one
man door on the side.
• Inquired as to the size of the garage doors. Mr. Fumed stated one of the garage
doors is going to be 12 X 9, and the other is going to be 10 X 8.
• Asked if the manufacturer could send actual samples of the colors available. Mr.
Furnari stated he did not know if that could be done. Ms. Bosworth stated that they
will not be able to match the colors perfectly, and if the colors are generally in the
same color group, that is acceptable. She did emphasize that the color of the roof
needs to be addressed. She also stated if the Commission wants Sandstone as
the color, that could be put into the motion, but she did not think it necessary to get
a sample sent.
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Mr. Hughan:
• Stated from the pictures, the beige color offered for the garage would match the
color of the house more than the tan. Mr. Fumari stated when they looked at the
color chart on the Internet, the tan looked to be the closest to the color of their
house. He commented that colors that are printed on different devices/websites
are not always the same, and what you get in the end is not always what you
expected when it was ordered. He stated if the Commission thinks another color
than what they have chosen will match the house better, he is willing to change
the color for the carport.
• Inquired if the manufacturer stated what the wind load would be on this building.
Mr. Furred stated it is approved by Indian River County, and he approximates it at
150 MPH. Ms. Bosworth stated it has to be 160 MPH, but that will be verified
during the structural review.
• Inquired what the roof color on the garage is going to be. Mr. Furnari stated it will
be green.
Mr. Qizilbash:
• Questioned how many sheds that are there now will stay. Mr. Fumed stated one
will stay and one will be tom down. Mr. Qizilbash stated that would be above the
750 feet maximum allowed. Ms. Bosworth stated they are entitled to have 1,000
square feet beoause.their lot is over an acre.
• Inquired if there will be any utility easements affected. Ms. Bosworth stated once
the formal survey is obtained, that will show if there will be any easements affected.
• Inquired if Mr. Furred has unity of title for the two lots. Mr. Fumari stated yes.
• Asked if the figure of 44,000 square feet in area is correct. Ms. Bosworth stated,
according to the property appraisers records, that is correct.
• Inquired if there will be a driveway installed. Mr. Fumari stated there is a culvert
there presently which he put in about two years ago.
There being no further discussion, Ms. Kautenburg called for a motion. A motion to
approve the 720 -square -foot detached garage at 557 Sloane Street, Lots 2 and 3, Block
64, Sebastian Highlands Replat Unit 2 as submitted, with the requirement for a survey,
removal of one of the sheds now present on the rear of the lot, and recommending the
Sandstone color on the siding was made by Mr. Roth and seconded by Mr. Carter.
A roll call vote was called for by Ms. Kautenburg.
Roll Call
Mr. Roth — Yes Mr. Simmons (a) -- Yes
Mr. Alvarez — Yes Mr. Hughan — Yes
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF MARCH 21, 2019
Mr. Qizilbash — Yes
Ms. Kautenburg -- Yes
Motion carries unanimously.
Quasi -Judicial Public Hearinas
A. Quasi -Judicial Public Hearing --
Demolition and New 2,400 SF
(Existing 2,600 SF State Farm
Riverfront) Zoning District
Mr. Carter — Yes
PAGE 5
Site Redevelopment Plan -- Verizon
Retail Building at 1676 US Highway #1
Insurance Office) — CR (Commercial
The Commission's clerk and Technical Writer, Janet Graham, swore in everyone who
was offering testimony.
Ms. Kautenburg asked if any of the Commissioners had had any ex parte communications
regarding this matter. All the Commissioners indicated they had not.
Ms. Kautenburg then asked for the applicant or the applicant's agent to make their
presentation.
J. Wesley Mills, of Mills, Short & Associates, representing the owners of the property,
stated the plan is to demolish the existing building, construct a slightly smaller new
building with architectural enhancements to be more compatible with the neighborhood.
The tenant would be Verizon Wireless. Site improvements are also proposed for the
project to help bring it more into compliance with City requirements but also FDOT
standards for vehicular traffic. A significant amount of landscape enhancements for the
site are proposed, removing any exotic or invasive vegetation now on site, and improving
the traffic flow on the asphalt parking area to bring it more into compliance with today's
standards. He stated he is here to answer any questions any of the members has about
this project.
Ms. Kautenburg asked for staff input.
Ms. Bosworth described the site and referred the Commissioners to their agenda packets.
Two-thirds of the property will be open space. It is not expected that there will be any
large delivery trucks—just UPS- and FedEx -type trucks. There is a steep slope to the
rear of the building, and the staff has requested a fence along the property in that area.
The developer plans to install a split -rail fence similar to the fencing at the rear of the
Dollar Store across Route 1. It was discovered that several of the trees in that area are
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either exotics or invasives, so they will all be taken out. The palms, pines, and oaks will
be preserved, and the site will be brought into compliance with current Riverfront
landscaping laws. St. John's Water Management District reviewed the proposal. Since
it is a redevelopment project, Verizon did not need to get a formal stormwater permit, but
they did ask that there be installed some small retention areas at the front of the site. An
off-site improvement they are going to do is to add a sidewalk in the right-of-way along
US Highway #1.
The east property line does abut private residences, so there is an opaque buffer required.
A 293-linear-foot wooden fence will be installed. There will also be a one-foot berm
installed near that fence which will also prevent some water runoff in the case of a heavy
rain.
Staff requested a Phase 1 and Phase 2 report on the site. Regarding the history of the
site, in the past it was a Stuckey gas station. The old site plans showed where the gas
tanks were located. The tanks were filled with sand when the property was turned into a
restaurant. According to the site assessment that was received, the site met all the soil
testing and national standards. There are no tortoises, no wetlands. There is in the
northeast comer a power pole with an osprey nest on it. Research revealed no
requirement of how far the developers have to be away from that osprey nest while the
site was being cleared. However, the staff will require the contractor who is going to clear
the site to present some type of plan that shows how that is going to be addressed—
either by keeping away a certain distance, maybe clearing by hand, or other ways in which
they can protect the nest while work is being done.
Due to the steepness of the slope at the rear of the property, an erosion-control matting
will be installed. An inspection will be done on the matting 30 days after installation to
ensure that there has been no erosion since it was installed, and the sod and other
landscaping materials have taken root.
Regarding the lighting in the rear of the property, some shielding may be necessary to
ensure the light does not infringe on residential property to the east.
Staff feels that the proposal meets all the Land Development Code requirements, the
requirements of the Riverfront Overlay District, and staff recommends approval of the site
plan.
Ms. Kautenburg asked for questions or comments from the Commissioners
Mr. Carter:
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• In keeping with the desire to keep the fishing -village theme, he would like to see
some nautical -theme additions incorporated into the plans.
Mr. Qizilbash:
• Questioned whether St. John's Water Management has approved of this plan. Mr.
Mills stated they have gotten a letter of approval from St. John's. They also got a
letter from FDOT approving the plan. The stormwater drainage system also has
been designed based on City standards.
• Stated the City requires retaining drainage of an inch and a half of rainfall, and this
plan only calls for one inch. Ms. Bosworth stated staff would request that the
revised calculations show that what is designed is an inch and a half.
• Regarding drainage flow, there is not a single crass -section in the driveway/parking
lot, but If FDOT has approved the plan, then he is not concerned.
Mr. Mauti:
• Regarding the existing underground tanks, he asked if those tanks are metal or
concrete. Mr. Mills stated he believes they are concrete tanks, and they had the
soil tested around those tanks before they purchased the property. Ms. Bosworth
stated the only records that could be found regarding the tanks was from the 1980s
and stated the tanks were filled with sand and slurry, but the records did not
indicate if the tanks were concrete or metal. She stated the Phase 2 testing did
not indicate there was anything additional needed. Mr. Mauti stated that if the
tanks were metal, there could possibly be a problem with them collapsing.
• The plan shows where there will be a future sign. He inquired regarding what
dimensions that sign might be and if the sign will have electricity. Mr. Mills stated
the sign will be a standard monument sign in compliance with the City's
regulations, and the sign will be electric.
• Concerning the runoff from this property onto the property to the east, he is
concerned that the proposed berm and fencing will not be adequate. Mr. Mills
stated there will be a berm constructed, the soil will be stabilized and monitored,
so if there is an issue during construction, it will be addressed. The structure will
have roof drains and guttering. There will be underground piping to drain the water
into the drainage along US 1.
Mr. Hughan:
• Concerning the osprey nest, he inquired whether ospreys are affected by lighting
like the tortoises are. Ms. Bosworth stated there was research done, and nothing
could be found regarding the effect of lighting on ospreys. Mr. Mills stated that,
even though the nest is not on their property, they will take whatever precautions
are necessary to protect the nest, as it is on the right-of-way.
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• Addressed the sea grapes at the north driveway and questioned whether those will
be removed. Mr. Mills stated yes.
Ms. Kautenburg:
• Is very impressed with the plans, especially the underground drainage in the
driveway/parking lot.
Mr. Roth:
• Regarding the lighting, he would recommend some sort of shield on the lighting so
that it does not extend an excessive distance. Mr. Mills stated there are plans for
light fixtures with shields, which makes it have a down -lighting effect. Ms.
Bosworth stated if there are any complaints from neighboring property owners
regarding the lighting once the project is completed and the property is lit, that can
be addressed.
• Also regarding lighting, he wanted clarifiration on what lighting fixtures will be used
on the front of the building. Mr. Mills stated on the drawings on Page A-102 the
light fixture that is being proposed for the front of the building with the shields is
described there.
• Questioned if the air-conditioning unit will be totally surrounded by a structure that
will hide the air conditioner. Mr. Mills stated yes.
• Regarding the fence at the rear of the building, he suggested instead of a split -rail
fence maybe a post -and -rope fence might be more in keeping with the fishing
village theme. Mr. Mills stated that following discussion between the staff and his
team, it was decided that the split -rail fence would be used.
• On the drawings there is what he deems as a Vee barrier. He questioned whether
that is permanent. Mr. Mills stated that is not a permanent barrier, it will just be
used during the construction phase.
• Questioned if FDOT has approved the curb cut as it is proposed. Ms. Bosworth
stated the FDOT permit has been obtained regarding the plan.
Mr. Alvarez:
• Inquired how high the light poles will be. Ms. Bosworth stated they will be 20 feet.
• Asked how many employees will be hired. Mr. Mills stated it will be a typical
Verizon store, but he is not certain how many employees they will have. Mr. Robert
Gierke, the owner/developer, stated the sales team is 6 to 12 that they rotate
around depending on the volume and the days of the week.
Mr. Simmons:
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• His only comment is that this plan will be a huge improvement over what is there
now.
There being no further questions from the Commissioners, Ms. Kautenburg called upon
anyone from the public who wishes to speak in favor of the project.
Beth Sembler, who owns the property to the east of the property in question, stated she
is very much in favor of the Riverfront district overlay requirements. Although she is in
favor of the project, she wishes the proposed building were more in keeping with the
fishing village theme. She is also concerned about the osprey nest. There has been an
osprey nesting in that nest for several years, and she would like to see more than just the
minimal protection required by law. She is also concerned about the runoff coming off
the back slope of the property. She has spoken with Ms. Bosworth concerning the lighting
in the back of the building, and if she feels the lighting is intrusive onto her property, she
wants to be assured that it will be rectified. She inquired about the hours of business,
and Mr. Gierke stated they will open between 9 and 10 a.m. and close between 8 and 9
p.m. Sunday hours would be shorter. Ms. Sembler reiterated she is not against the
project, but these are the concerns she has.
Ms. Kautenburg called upon the applicant to respond to issues raised by staff or the
public.
Robert T. Gierke, owner/developer, reviewed the work that went into getting approval for
this project, and how the final design was geared toward the flavor of the rest of the
neighborhood as much as possible. He also staled that whatever runoff there is from the
building will go westward toward US 1, and whatever drainage there is from the rear of
the property towards the east will be from whatever is there presently. While they will be
disturbing the exotic species that presently exist, they will be replacing those with a very
extensive amount of landscaping, including trees, in that area. He stated Verizon wants
to be a good neighbor, including protecting the osprey nest. Mr. Mills discussed that the
work that has to be done will be a distance away from the osprey nest, not immediately
next to it. He stated they will speak to the environmentalist to see how they can better
protect the osprey nest.
Ms. Bosworth stated that when the land -clearing permit request comes in, staff will require
a plan from the land -clearing contractor on how they will protect the osprey nest.
Ms. Kautenburg asked Ms. Bosworth to summarize the request
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Ms. Bosworth stated that most of the questions have been addressed. Regarding the
runoff on the slope to the rear of the property, if after the rainy season begins in June it
is felt that there needs to be more stabilization, that will be addressed.
Ms. Kautenburg asked if any of the Commissioners had any further concerns.
Mr. Roth is still concerned with the front architecture of the building. Mr. Carter reiterated
his concern about the absence of a nautical theme on the front elevation of the building.
Ms. Bosworth stated staff would look into the possibility of adding some hardscaping
relative to a nautical theme. Mr. Simmons asked if there is anything about this project
that does not meet the existing Code. Ms. Bosworth stated it meets the intent of the
Riverfront and meets all the requirements for site development.
There being no further discussion, Ms. Kautenburg called for a motion. A motion to
approve the site redevelopment plan consisting of the demolition of an existing office
building and construction of a new 2,400 square -foot retail building, along with the
required parking, landscaping and side amenities at 1676 US Highway #1 was made by
Mr. Carter and seconded by Mr. Simmons. This motion is made subject to the following
conditions: that consideration be given to protecting the osprey nest in future plans, and
also consideration be given to the drainage if alterations are needed as construction
continues to completion.
Ms. Kautenburg called for a roll call vote
Roll Call
Mr. Hughan — Yes Mr. Simmons -- Yes
Mr. Clizilbash — Yes Mr. Alvarez -- Yes
Ms. Kautenburg — Yes Mr. Carter — Yes
Mr. Roth — No
Vote was six ayes and one nay. Motion carries.
10. Commissioners Matters
Mr. Mauti:
Addressed the Spirit of Sebastian project and the questions that were unanswered
on the developer's application—those being Nos. 2, 3, 5, 7, 8, and 9. He inquired
whether the developer has since provided the answers to those questions. Ms.
Bosworth stated the items that were necessary for a complete preliminary plat
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package have been submitted. She further stated she would look up the specific
questions Mr. Mauti mentioned.
Mr. Roth:
• Questioned what the progress is of the old railroad building on Cleveland Street.
Ms. Bosworth stated permits have been issued already, and the developer is in the
process of getting the building ready for retail use. The complete site will have to
be in place before a CO is issued for that building to be able to be used for
commercial use.
• Is concerned about the lack of followup on the "fishing village" theme that was
decided upon in the past for the City. He feels that some of the matters the
Planning and Zoning Commissioners suggest are not being followed up on. Ms.
Bosworth stated that the staff was very disappointed in what has been presented
as the CRA Master Plan. There were three revisions to this proposed plan, and
these revisions underwent some outside peer review as well as City staff review,
and the consultants have now been let go. So much of what has been talked about
regarding Mr. Roth's concerns are tied in to the CRA Master Plan, so when the
Master Plan is finalized, a lot of the questions Mr. Roth raised will be answered.
• Pointed out that he was not criticizing any one person or the staff in general; he
just would like to see more feedback from the upper echelon at the City.
Mr. Alvarez:
• Regarding the property on Sebastian Boulevard (CR 512), there is a for sale sign
there now. Ms. Bosworth stated it has always been for sale, and the developer
has a time line for the final plat which should be submitted shortly.
• In regard to native -animal signage in the City displaying tortoises, etc., he has
never had any contact by anyone in regard to this matter. Ms. Bosworth stated
she would get with the person from the Environmental Department on this subject.
• He agreed with Mr. Roth's concern about followup on matters this Commission has
brought up. Specifically, he is concerned about the vehicles for sale along Barber
Street. Ms. Bosworth stated she had conferred with Code Enforcement, and those
sites are in compliance.
Mr. Mauti:
Explained what he had found regarding the question of whether selling these cars
is a business in a residential area. Ms. Bosworth stated complaints such as this
need to go before the Code Enforcement Department. Ms. Bosworth explained
that the City needs additional proof such as photographs that these cars are being
sold from a residence on a regular basis
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Ms. Kautenburg:
• Opined that this is a matter for Code Enforcement, and not this Commission, and
if someone has a complaint, to file it on line and/or go to the Police Department
and file a complaint.
11. Citv Attomev Matters -- None
12. Staff Matters -- None.
13. Adioum — Ms. Kautenburg called for any further business. Hearing none, she
adjourned the meeting at 7:47 p.m.
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