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HomeMy WebLinkAbout01-16-2020PZ MinutesCITY OF SEBASTIAN PLANNING & ZONING COMMISSION MINUTES JANUARY 16, 2020 1. Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m. 2. Pledoe of Alleaiance was recited by all. 3. Roll Call Present: Mr. Rath Mr. Christino (a) -- Late %e Mr. Simmons (a) Mr. Qizilbash "' m Ms. Kautenburg Mr. Hughan C (A O A¢ Mr. Carter t0 E O \ n Not Present: Mr. Reyes -- Excused Mr. Alvarez — Absent V� a Cl) Also Present: Mr. Paul Carlisle, City Manager C > m Mr. Robert Loring, Senior Planner > -0 C Ti 0) Mr. Manny Anon, Presiding Attorney O a a,a � N Ms. Dord Bosworth, Planner ¢ ¢ o Ms. Janet Graham, Technical Writer Ms. Bosworth announced that, since Mr. Reyes and Mr. Alvarez are not present tonight, Mr. Simmons and Mr. Christino will be voting in their places. Ms. Mara Schiff, Indian River County School Board liaison, was not present. 4. Announcements and/or Aaenda Modifications Ms. Kautenburg announced that this evening Mr. Reyes has an excused absence. 5. ADDroval of Minutes Ms. Kautenburg asked if the Committee members had reviewed the Minutes as presented. All indicated they had. Ms. Kautenburg called for a motion to approve the Minutes of December 19, 2019. A motion to accept the Minutes of the meeting of December 19, 2019 as presented was made by Mr. Roth, seconded by Mr. Simmons, and approved unanimously via voice vote. 6. Quasi -Judicial and Public Hearinas PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF MEETING OF JANUARY 16, 2020 A. Public Hearing — Recommendation to City Council — Special Exception Request — Industrial Activities (Contractor Trades) in Commercial Riverfront Zoning District -- 908 US Highway #1 — Family Heating and Air, Inc. Mr. Anon read the requested action into the record. Ms. Kautenburg inquired if there has been any ex parts communication among any of the Committee members. All indicated no. Ms. Kautenburg called upon the applicant to present his testimony. Mr. Mike Rizzo stated his business is a heating and air conditioning company. He wanted his business to get more exposure in the community to increase their business and their recognition in the City. He stated he does not understand why his business is being classified as an industrial enterprise. He would like a little more explanation on that. Ms. Kautenburg stated that when staff makes their presentation that will be reviewed in detail. She explained that the City requires the special exception because what is being proposed to be done on the site does not comply with what the Code calls for. Mr. Rizzo stated he was unaware of that. Ms. Kautenburg asked for questions of the applicant by any Committee members. Mr. Hughan: • Inquired how Mr. Rizzo plans to control the traffic going into and out of the south entrance next to the donut shop. Mr. Rizzo said he is not opposed to telling his people not to use that entrance. He further explained that their traffic is mainly between 7:30 and 8:00 a.m. There is not much traffic after that time. • Asked for more information on how Mr. Rizzo plans to direct his traffic to the south side of the building and then around the building, as it appears there is not enough room there. Mr. Rizzo stated he had spoken to Ms. Bosworth regarding that. He presented a PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF MEETING OF JANUARY 16, 2020 loading and unloading system to Ms. Bosworth. He was then advised that it was the opinion of City staff that there was not enough room. He said he could have some of his service techs start a little bit later to decrease the flow of traffic in that area during the 7 to 8 o'clock time frame. Mr. Qizilbash: • Inquired as to what is behind the building and is there a septic system there. Mr. Rizzo said the septic is on the north side of the building between the building and the dumpster. Ms. Bosworth stated that staff has provided as part of the packet Exhibits C and D which was a current survey that did show where the concrete is. It didn't show the easements or the septic tank. Then there was an older survey in the file that did show the easements from the subdivision, but neither of those surveys showed where the septic tank or drain field were. Mr. Qizilbash stated he noted there is room for additional parking in the rear of the building on the north side. If trucks could be parked there, that would help. Mr. Rizzo stated he could limit the truck parking to the point where there is only one truck on the site during nonworking hours. He stated that 90 percent of his trucks now go home, but he could let 99 percent of them go home. Mr. Christino: He has been to that location three times over the last week, especially at the 8 o'clock hour. He stated this morning there were 10 trucks in the parking lot. It seems that at 8 o'clock the trucks leave and go out to the jobs. In the back of the building he saw one truck parked. There is not much more room than that. He did notice the dumpster and a compressor. Since there are condominiums behind the building, he is concerned that this equipment etc. does not become an eyesore. Mr. Rizzo explained that the process has been slowed down in the way they are proceeding with their plans. He wants the business to look presentable in order to entice people to come in. The dumpster was there before he moved in, and he is just using it. He has told City staff that he will build a fence to create a buffer for the residents in back of his property. PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF MEETING OF JANUARY 16, 2020 Mr. Christino stated his main concern is with the trucks being parked in front of the building and in the grass along Route 1. Mr. Rizzo stated that his former landlord is allowing him to park some of his trucks at his old business site until these issues can be worked out with the City. • Inquired why Mr. Rizzo didn't come to the Planning and Zoning Department when he was applying for permits, etc. Mr. Rizzo stated he had been unaware that there was a rule like this, so he was unaware that he was not in compliance. Mr. Christino asked if the landlord/owner didn't inform Mr. Rizzo that this site was in a riverfront commercial district. Mr. Rizzo stated that he leased the property through Re/Max, and they didn't notify him that the property was in the riverfront district. They knew exactly what his business did. The landlord never said anything to that effect. No one told him until the day they were contacted by Code Enforcement. He stated he will modify the windows that he installed in order to satisfy the City. He would like to keep the tinted windows, but he has told Ms. Bosworth he will do whatever he has to do. Mr. Carter: Stated he always likes to see a local business that is growing. He stated he doesn't want to handicap this business, but it needs to conform to what the zoning requires in Sebastian. He appreciates the fact that Mr. Rizzo is willing to work with City staff on this matter. Mr. Simmons: • Stated it might have been of benefit to have had the property owner here tonight to answer a few questions. Mr. Rizzo stated he had spoken to the owners, and nobody notified him of a problem. The owners do not live here. Mr. Roth: PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF MEETING OF JANUARY 16, 2020 • Stated it's unfortunate that Mr. Rizzo put a lot of work and effort into this project already. He sees a problem with location and traffic. Another problem is that this is in an overlay district. • If there is parking behind the building, there will probably need to be some type of security and lighting. He does not see how noise and a lighting condition can be corrected, and this may create a nuisance for the residents of the townhomes. At this point, he feels there is a lot of speculation surrounding this project, and this Committee is being asked to make a recommendation on it without a lot of detail. He suggested tabling it and asking for further information on what could be done to mitigate some of the problems. Mr. Rizzo stated that he could only have one truck that stays on the site, and he could park it alongside the building instead of behind it. He stated that, since they are a 24-hour-a-day service business, it makes sense for the technicians to have their trucks in their driveways. • Stated that in most situations industrial properties are not compatible with being next door to residential areas. Ms. Kautenburg: • One of her concerns is that the applicant began this venture without finding out what types of permits were required for his business. The sign and parking ordinances in Sebastian are meant to maintain the City as much as possible considering everyone's Interests. Mr. Rizzo stated that he had never heard about there being a riverfront district. As far as improving the property to conform to the City's standards, work has been at a standstill until he knows exactly what is going to be required. Mr. Roth stated that, if Mr. Rizzo signed a lease for the property with a realtor, that should have been disclosed at that point. Mr. Rizzo stated it was not. He stated neither did the landlord/owner inform him. • As far as the trucks going home with the technicians at night, there are also parking ordinances for neighborhoods in the City. These trucks would not be permitted to be parked at homes under the parking ordinance. Mr. Christino: PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF MEETING OF JANUARY 16, 2020 Said in support of what Ms. Kautenburg just stated, that is correct. The City cannot have businesses operating with large trucks and marked vans and box trucks, relying on their employees to provide their driveways to park those trucks. He is aware that there are several businesses in the City that do not abide by this parking ordinance. That problem is going to be addressed in the future. He thinks it is a great spot for a retail front along Route 1, but there is not enough space to have a warehousing operation there. • Recommended the applicant consider an off -site warehousing operation in the industrial district. Ms. Kautenburg asked for input from the City staff. Ms. Bosworth stated that she thinks Mr. Rizzo knows that staff has echoed this Commission's comments --that staff is happy to see a business that has been in the City for several years grow to where he has this type of business. The City wants him to be successful, but the City must enforce the codes that are appropriate for the City's zoning districts. She emphasized that this is a special exception, not a site plan review. Staff did ask for a conceptual business operational plan. The special exception would be for the use. This is a request to permit a use that is not usually permitted in this Commercial Riverfront Zoning District. Based on Exhibit A (SEE ATTACHED), his business requires an office, showroom, warehousing, and an accessory to that business are the fleet operations. Exhibit A spells out according to the City's Land Development Code that this is an industrial activity. Basically, the applicant is asking to allow an industrial activity in the CR Zoning District. In Article (3) there are specific findings of fact that per this hearing the Commission is to establish whether his request meets those findings. There are also six criteria that this Commission is required to review and verify if those are being met. Ms. Bosworth reviewed those criteria for the Committee. In staffs report it is stated how staff sees whether the applicant is meeting these findings of fact and these criteria. Staff has offered their recommendation of what will be good for the business but also allowable for that site. Staff feels that the truck traffic in and out of the site could be hazardous to traffic safety of the adjacent business. Ms. Bosworth reviewed the conditions for approval contained in the Staff Recommendation section of the attachment to the agenda packet. Staff feels that the PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF MEETING OF JANUARY 16, 2020 business office and showroom operation are allowable, but not the fleet and warehousing operation. She stated that, based on what City Council may decide, if there is approval for the special exception, staff recommends getting full civil engineer drawings as one of the conditions, with stormwater, a parking plan, possible utilities, and full compliance with the Riverfront Overlay District codes. Mr. Anon stated it would be appropriate at this point to hear if the applicant has any questions of the staff. Mr. Rizzo asked for clarification that, no matter what the Commission decides tonight, this will still go before City Council next month. Ms. Bosworth stated yes, that would be on February 12. Ms. Kautenburg asked for input from anyone from the public in attendance who is in favor of this action. Seeing none, she asked for input from anyone from the public who wishes to speak in opposition to the request. Ben Hocker, Sebastian, stated he has seen this operation in the commercial area. He has seen multiple trucks blocking the area multiple times. He sees this as a case where someone rented the property without getting all the pertinent information on what is permitted on the property. He opined that the landlord and/or the owner of the property is at fault by not informing Mr. Rizzo what the lease arrangements would be. He called attention to the sign that was erected not being in accord with the sign ordinance in the City. He also stated that this should be described as a nonconforming use. Ms. Kautenburg asked for final comments from the staff. Ms. Bosworth reviewed the recommendations contained in their report. Ms. Kautenburg called for discussion and questions from the Commission members. Mr. Simmons: Stated his recommendation would be to deny the special request. Mr. Roth: • Brought up the proximity of this property to the old railroad station. That would potentially be a draw for tourism, and that is something else to be considered in the overall picture for this property. PLANNING AND ZONING COMMISSION PAGE 8 MINUTES OF MEETING OF JANUARY 16, 2020 • He does not like to say no to any business, but he is not in favor of having all the truck traffic and the warehousing. Mr. Hughan: • Is also concerned with all the truck traffic and the warehouse operation. He is open to having a business there, but not with all the traffic the vehicles will create. Mr. Christino: • Is in agreement with his fellow Commission members. He hopes the applicant's business is successful, but he is of the opinion that a separate industrial property should be procured for the warehousing and operation of the fleet. Mr. Qizilbash: • Is in favor of businesses succeeding. The staff has strict recommendations which will cost a lot of money to implement. He is in favor of granting the special exception. Ms. Kautenburg • She is in favor of the business office and showroom, but she has a problem with the warehousing and truck traffic into and out of the property. Thus, she would not be in favor of recommending this special exception request unless the staff recommendations were adhered to. Ms. Bosworth stated that this property is eligible also for grant money for the signage and landscaping, which she did tell Mr. Rizzo, and the City will work with Mr. Rizzo to obtain grant money to help with the signage and landscaping. There being no further discussion, Ms. Kautenburg called for a motion. A motion that the Committee accept the special exception to Section 54-2-5.4(c) of the Sebastian Land Development Code to allow industrial activities (contractor trades) within the Commercial Riverfront CR Zoning District with staff recommendations that are listed on Pages 6 and 7 of the document was made by Mr. Carter and seconded by Mr. Qizilbash. Ms. Bosworth clarified that this is the recommendation that does allow the warehousing and fleet operations from that site with a full site plan. Mr. Roth asked if that would be No. 11. Ms. Bosworth stated no, it is No. 12. She stated that No. 11 is what staff is PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF JANUARY 16, 2020 PAGE 9 recommending. After extended discussion and more clarification from Ms. Bosworth, Mr. Carter withdrew his motion. After more discussion regarding this request among staff, Committee members, and Attorney Anon, a motion to deny the Special Exception but accept the items outlined in Paragraph 11 of staff recommendations was made by Mr. Christino and seconded by Mr. Simmons. Ms. Kautenburg asked for any further discussion. Hearing none, she called for a roll call vote. Roll Call Mr. Hughan — Yes Mr. Qizilbash — No Ms. Kautenburg — Yes Mr. Roth — No Vote was 4-3 in favor. Motion passes. Mr. Simmons (a) — Yes Mr. Christino (a) — Yes Mr. Carter — No Just to clarify on the record, Ms. Kautenburg verified that the vote was 4-3 denying the Special Exception but including the staff recommendations under Paragraph 11 which would be welcome. Mr. Anon asked the Recording Secretary for a verbal verification of the roll call vote, which was done. 7. Unfinished Business — None 8. Public Input — None 9. New Business — None 10. Commissioners Matters Mr. Roth: Asked for a point of clarification from Ms. Bosworth regarding some guidance for the Commission when they are reviewing the Livability and the Future Land Use sections of the proposed Comprehensive Plan. PLANNING AND ZONING COMMISSION PAGE 10 MINUTES OF MEETING OF JANUARY 16, 2020 Ms. Bosworth said that when planning for the upcoming workshop in February, Ms. Frazier asked that the commissioners look through the Future Land Use Element and the Housing Element and review the goals and policies that are set forth in those sections. That will be for the livability workshop. Mr. Chdstino: • Stated he has been discussing this matter with Ms. Frazier. He believes this Commission's question to Ms. Frazier should be: What constitutes a small-town feel. He feels this should be put forth to the residents. He supports the workshops that are being planned and appreciates the hard work of City staff. Ms. Bosworth stated that should be considered one of the goals, to keep the small- town atmosphere and prevent urban sprawl. 11. City Attomev Matters — None 12. Staff Matters Ms. Bosworth introduced the new City Planner, Mr. Robert Loring. He has vast experience with zoning and is a certified architect. He will be helping with site plans, etc. 13. Adjournment Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 7:09 p.m. j9