HomeMy WebLinkAbout07-16-2020 PZ MinutesCITY OF SEBASTIAN
PLANNING & ZONING COMMISSION MINUTES
JULY 16, 2020
Call to Order — Chairman Reyes called the meeting to order at 6:00 p.m. A
2. Pledae of Alleaiance was recited by all.
3. Roll Call
Present: Mr. Simmons Mr. Reyes
Ms. Kautenburg (a) Mr. Christino (a)
Mr. Carter Mr. Qizilbash
Not Present: Mr. Roth — Excused
Mr. Hughan — Excused
Mr. Alvarez — Excused
Also Present: Ms. Dorri Bosworth, Planning Manager
Mr. Robert Loring, Planner
Mr. Manny Anon, City Attorney
Ms. Janet Graham, Technical Writer (Zoom)
Ms. Mara Schiff, Indian River County School Board liaison, was not present.
4. Announcements and/or Aaenda Modifications
IQ7 C
C O 0_
CW a �$
C A2 n
C0
Ca
W t
C3-Se-
�0 C ° o m
c
nil lain
Mr. Reyes requested an agenda modification so that the Accessory Structure Review
under New Business will be heard before the Quasi -Judicial Public Hearings item. Mr.
Reyes asked for a voice vote to move the agenda item. All Commission members
approved unanimously As voice vote to have the item moved.
Mr. Reyes announced that Messrs. Roth, Hughan, and Alvarez have been excused from
tonight's meeting. Ms. Kautenburg and Mr. Christino will be voting in their places.
5. ADaroval of Minutes — None
6. New Business
A. Accessory Structure Review — LDC Section 54-2-7.5 — 841
Dolores Street — 576 SF Detached Garage — Albert Berry
Mr. Reyes called on the applicant to make his presentation. Mr. Albert Berry, 841 Dolores
Street, Sebastian, described the project as a two -car detached garage for storage of
automobiles, etc. It is being built to code. The height will be the same as the height of
the attached structure.
PLANNING AND ZONING COMMISSION PAGE 2
MINUTES OF REGULAR MEETING OF JULY 16, 2020
Mr. Loring described that staff has found most items to be in compliance. Some additional
considerations for the Commission members are that it should be noted that the garage
sits behind the existing home, which renders it unseen from the street; the manner of
construction appears to be similar to the existing home which has a painted decorative
concrete block relief. Items that staff feels need to be addressed would be that the
applicant needs to paint the proposed garage to match the existing home; it should also
be noted that it appears that the proposed roof shingles match those found on the existing
home, but this might be a condition that the Commission wishes to mandate. The
Commission needs to make a determination if the exterior finish of the detached garage
needs to have a painted stucco finish or may remain a painted concrete block wall finish;
the applicant needs to clarify if a driveway will be built to access the garage and to
acknowledge that the City has the right to remove the driveway if access to the easement
is ever warranted. It also should be noted that the home was built in 1960. No information
regarding height exists with the Building Department file, but it appears to be
approximately 17 feel high, which is the same height as the proposed garage. The roof
pitch appears to be the same or similar to that of the existing home, but no information
regarding the actual roof pitch exists in the Building Department file. The Commission
must decide if any deleterious effects exist with regard to the applicanes request and
make any necessary or additional recommendations. Mr. Loring called for questions or
comments from the Commissioners.
Mr. Carter inquired as to what type of access there will be to the garage. Mr. Berry stated
presently it is just grass, but he may wish to install gravel. Mr. Carter also inquired if the
shingles that will be installed on the roof will be the same as the shingles on the house.
Mr. Berry stated yes.
Mr. Qizilbash suggested the driveway should show on the survey. He referred to the
foundation plan where it mentions a small pad. He asked if that is an AC pad. Mr. Berry
stated that pad is not there any longer. Mr. Qizilbash asked that that be corrected on the
survey.
Ms. Kaulenburg asked if the access driveway will be partially within an easement. Mr.
Loring staled the driveway will be gravel, and the staff has no problem with allowing that.
Ms. Kautenburg stated her concern is that, should Mr. Berry or one of his heirs decide to
sell the property, there are oftentimes problems with having access to a building being
through an easement without some sort of deeded consideration. She suggested
something in writing from the City to that effect. Ms. Bosworth stated if Mr. Berry wanted
to put a paved driveway back to the proposed structure, he would have to apply for an
auxiliary driveway/driveway extension permit. She stated the City has an affidavit that it
requires that the homeowner would sign that states he is aware that this is going into an
easement, and anytime that easement Is needed not only from the City, but Florida Power
and Light, that he would have to temporarily remove it or break up the concrete. She has
never seen any of the utilities and/or the City require that. That affidavit has to be
PLANNING AND ZONING COMMISSION PAGE 3
MINUTES OF REGULAR MEETING OF JULY 16, 2020
recorded. Mr. Carter asked for a clarification on the issue Ms. Kautenburg was referring
to. It is his understanding that the scenario would occur only if Mr. Berry wished to install
a formal driveway. Ms. Bosworth stated that is correct, if he installed a concrete or more
stabilized base.
Mr. Reyes asked if one of the conditions is that the older shed that is shown on the survey
be removed. Mr. Loring stated that is one of the conditions, that it be removed. Mr. Reyes
asked if Mr. Berry is required with this accessory structure to have the structure be the
same height as the home above the crown of the road. Mr. Loring stated that, based on
the height of the proposed structure, the finished floor elevation will be near or about the
same, based on the height of the buildings.
A motion to approve the accessory structure review for LDC Section 54-2-7.5 — 576 SF
detached garage -- Albert Berry -- was made by Mr. Carter. He would also like to add to
the motion the conditions that the roof of the proposed structure will be similar to the
existing roof, and the driveway will be compliant with the considerations set forth by staff.
The motion was seconded by Mr. Reyes.
Roll Call
Mr. Qizilbash — Yes Mr. Christino (a) — Yes
Ms. Kautenburg (a) — Yes Mr. Reyes — Yes
Mr. Simmons — Yes Mr. Carter — Yes
Vote 6-0 in favor. Motion carries.
Quasi -Judicial Public Hearinas
A. Quasi -Judicial Public Hearing — Site Plan Modification — American
Legion Post #189 — Proposed 1620 SF Building Addition & 1225 SF
Outdoor Event Building — 807 Louisiana Avenue — Public Service (PS)
Zoning District
Mr. Reyes asked if there have been any ex parts communications among the
Commissioners. All Commissioners stated there were none. All who were to speak on
this matter were duly sworn by the City Attorney.
Mr. Carter asked for a clarification as to the address of the property, as there are two
different addresses listed, being 907 Louisiana Avenue (on the architectural plans) and
807 Louisiana Avenue. Ms. Bosworth stated for the record the correct address is 807
Louisiana Avenue. Mr. Reyes asked for the applicant to make his presentation.
Todd Smith, Project Engineer, described that the project before the Commission is a
complete retrofit of the entire site. There are two structures being proposed. The
PLANNING AND ZONING COMMISSION PAGE 4
MINUTES OF REGULAR MEETING OF JULY 16, 2020
landscaping on the site is being brought up to code. The stormwater for the entire site is
being brought up to code for both the proposed improvements as well as the existing
facilities. Louisiana Avenue is proposed to be widened to bring it up to current standards.
He stated that all of the other aspects of the current requirements are being met. Mr.
Reyes called on staff for their input.
Ms. Bosworth asked that the Staff Report be entered into the official record. She stated
this property is in the Triangle Overlay which has adopted the Riverfront Overlay
requirements with regard to landscaping and some of the architectural and signage
requirements. The property has met the basic zoning district requirements. There is a
front setback on the existing building that is a few feet short, but that building was built
before this property was zoned, given its designation as Public Service, so it is
grandfathered in. There are 112 parking spaces required. They are providing 115
spaces, and the parking will be brought up to current design codes. There are also 18
motorcycle spaces that will be provided. About two-thirds of the parking spaces will be
stabilized with either millings or asphalt/concrete. There will also be grass spaces, which
will have a stabilized drive aisle. The code does allow for the grass spaces, but it also
states that the City can direct that the grass spaces be paved If the consistent use of
those grass spaces is such that paving is warranted. Some of the parking spaces are
circular around a stormwater pond, and in lieu of the required hedging around that area,
split -rail fencing will be installed so as to prevent motor vehicles and pedestrians from
going into the stormwater area. Staff has asked that the lamp posts that will be installed
be decorative. As this is a large site and there are several large pine trees already on the
site, the Legion will receive 141 tree credits. They have used some of those credits to
count towards their canopy trees. Some understory trees will need to be added. They
are asking for a waiver along Veterans Memorial Way for 47 understory trees. They still
have 33 canopy tree credits, and they requested to trade some of the canopy tree credits
and a waiver for 14 understory trees. All of the other overlay requirements are being met.
Ms. Bosworth stated that public and private clubs and lodges are conditional uses in the
Public Service zoning district. There is a letter from the engineer, as well as being in the
staff report, that they are meeting all requirements of conditional use criteria. Ms.
Bosworth also stated that this property is in the CRA and so is eligible for facade, sign,
and landscape grants, and help with some of the additional lighting. The site is consistent
with the Comprehensive Plan, the Land Development Code, and the Triangle Overlay
District. Staff recommends that the Commissioners approve the site plan with the four
noted conditions that are on page 8 of the staff report as follows:
• Submittal of a recorded Unity of Title for the two parcels before issuance of the
land -clearing permit.
• Light poles located in the parking area shall be decorative and can be
administratively approved.
PLANNING AND ZONING COMMISSION PAGE 5
MINUTES OF REGULAR MEETING OF JULY 16, 2020
• Changes in traffic generation and frequency in using the grassed parking spaces
shall permit a review to determine if paving improvements to the spaces are
required, in accordance with LDC Section 54-3-10.10(b)(2)b.
• Gaming machines cannot provide monetary prizes.
Staff also recommends that the Commission finds that site modifications are compliant
with the conditional use criteria, and that the Commission also grants the waiver for 14
understory trees, and to allow the extra canopy trees to be used in lieu of 33 understory
trees. Mr. Reyes asked for questions/comments from the Commissioners.
Mr. Simmons commented as to the letter from the Engineer regarding additional
considerations that there appears to be an error where it says the property is in Section
54-2-14.16. Ms. Bosworth stated it should read 54-3-14.16.
Mr. Carter thanked the Post for this project, as it will be a great addition to the City. He
also inquired about the four conditions that Ms. Bosworth mentioned in her presentation.
He asked If there were four or three conditions. Ms. Bosworth pointed out the four
conditions on page 8 of the staff report.
Mr. Qizilbash inquired about who will be doing the improvements along Louisiana Avenue.
Ms. Bosworth said the City is going to supply the base and sub -base, and the American
Legion will be paying for the asphalt overlay and the sidewalk. Mr. Qizilbash also asked
who will be installing the two new swales that are proposed along the west side of the
road. Mr. Smith stated the American Legion will be doing that. He stated that all the
improvements will be done by the contractor for the Legion, but the City has agreed to do
the base and the sub -grade for the five-foot expansion of Louisiana Avenue. Mr.
Qizilbash is concerned that the two swales should be connected with a culvert under the
driveway, and to the south they should be connected to the catch basin. Mr. Smith
explained how the water will drain, and because Louisiana Avenue is steep in that area,
there should never be any water that backs up in the swales. Mr. Qizilbash is also
concemed about the safety of the two compact parking spaces being very close to the
driveway. He asked Ms. Bosworth who approved this plan. Ms. Bosworth stated the
project was started when the City was using consulting engineers, who reviewed the plan.
The current City Engineer, Mr. Ken Griffin, has also reviewed the plan.
Ms. Kaulenburg stated it is a great plan and is a welcome improvement to the area. Her
only concern is the tens "gaming machines." Mr. Smith stated there are machines in
there right now, and they are only video games. There are no prizes at all.
Mr. Christino stated he likes the plan and the way it looks.
Mr. Reyes stated it is a very nice plan, and it has been reviewed by three engineers, so
PLANNING AND ZONING COMMISSION PAGE 6
MINUTES OF REGULAR MEETING OF JULY 16, 2020
he is comfortable with all the questions and comments that have been made. He asked
if the grassy parking areas are going to be stabilized with a base or left as they are. Mr.
Smith stated a full stabilization will be put in. Mr. Reyes commented on a grid being put
in where stabilized sod can be used, and it will last longer. Regarding the waiver on the
understory trees, he inquired if there would be a condition when applying for a landscape
grant for somebody who has received a waiver on landscaping. Mr. Smith stated the
main concern with the 14 understory trees on the north side of the site is because there
is a great deal of infrastructure in that area, and they do not want to do any excavating
anywhere in that area. That is why the waiver on the understory trees in that area was
requested.
Mr. Reyes called for public input by anyone present in Chambers or anyone attending via
Zoom who wanted to speak in favor of the project. There being none, he called for anyone
present in Chambers or anyone attending via Zoom who wanted to speak against the
project. There were none. Mr. Reyes called on the City to summarize.
Ms. Bosworth stated that staff recommends that the Commissioners approve the site plan
with the four conditions listed on page 8 of the Staff Report. Staff also recommends that
the Commissioners find that the proposed site modifications are in compliance with the
required LDC Article VI Conditional Use criteria, and that the Commissioners grant a
landscape waiver for 14 understory trees and to allow the 33 extra canopy trees to be
used in lieu of 14 understory trees. Mr. Reyes called for a motion.
A motion for approval of the site plan modifications for American Legion Post #189 for the
proposed 1620 square foot building addition and 1225 square foot outdoor event building
at 807 Louisiana Avenue with the four conditions outlined under Staff Recommendations
was made by Mr. Carter and seconded by Mr. Christino.
Roll Call
Mr. Qizilbash -- Yes Mr. Carter — Yes
Mr. Reyes — Yes Mr. Kautenburg (a) — Yes
Mr. Simmons — Yes Mr. Chrisfino (a) — Yes
Vote 6-0 in favor. Motion carries.
Mr. Reyes asked for a verbal vote on adding an amendment to the motion to include
granting of a landscape waiver for the 14 understory trees and to find the plan meets the
conditional use criteria. The amendment to the motion was approved unanimously via
voice vote.
8. Unfinished Business -- None
9. Public Input — None
PLANNING AND ZONING COMMISSION PAGE 7
MINUTES OF REGULAR MEETING OF JULY 16, 2020
10. Commissioner Matters
Mr. Christino asked what the estimated time for completion of the project is. Mr. Smith
estimated the project would be under construction by the end of this year. Mr. Christina
also asked when the Minutes from the previous meeting could be expected. Ms.
Bosworth stated they will be on the agenda for the next meeting.
11. City Attomev Matters — None
12. Staff Matters
Ms. Bosworth stated that the next three elements of the proposed Comprehensive Plan
will be discussed at the July 30th meeting, which is two weeks from tonight. A week after
the July 30th meeting is the regularly scheduled August 6th meeting. At that meeting, Mr.
Killgore will be presenting the Capital Improvements Budget for review. The agenda
packets will be hand -delivered to the Commissioners' homes so that they will have
sufficient time to review them.
13. Items for Next Aoenda — None
14. Adjourn
There being no further business, Mr. Reyes adjourned the meeting at 6:52 p.m
jg