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HomeMy WebLinkAbout02-03-2022 PZ Minutesa CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES — FEBRUARY 3, 2022 C ? I. Call to Order — Chairman Roth called the meeting to order at 6:00 p.m. C y m C U) � If. Pledge of Allealance was recited by all. _CO E F\ III. Roll Call C: O Present: Mr. Roth Mr. Christino (a) cu C) S Mr. Simmons Mr. Qiziibash 3 Ms. Kautenburg Mr. Alvarez 0i Mr. Carter Ms. Jordan (a) n C: o R vo as Also Present: W N Ms. Dord Bosworth, Community Development Manager Mr. Manny Anon, Jr., City Attorney Ms. Kim Haigler, Environmental Planner Mr. Gary Vicars., MIS Technical Analyst Ms. Janet Graham, Technical Writer Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aaenda Modifications Mr. Roth announced that Mr. Hughan resigned his regular member position in December. He thanked Mr. Hughan for his service wished him well. His vacancy position will be appointed at the February Vh City Council meeting. Mr. Roth announced that Mr. Christino will be voting In Mr. Hughan's place tonight. V. ADDroval of Minutes: Regular meetings of November 4, 2021 and November 18, 2021 Mr. Roth asked if all Commissioners have had a chance to review the Minutes from the November 41°, 2021 meeting. All indicated they had. There being no additions or corrections, Mr. Roth then called for a motion to approve the Minutes of November 4' , 2021 as presented. A motion approving the Minutes as presented was made by Mr. Carter, seconded by Mr. Qizilbash, and approved unanimously via voice vote. Mr. Roth asked if all Commissioners have had a chance to review the Minutes from the November W, 2021 meeting. All indicated they had. There being no additions or corrections, Mr. Roth then called for a motion to approve the Minutes of November f 8'^, PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 2021 as presented. A motion approving the Minutes as presented was made by Mr. Christino, seconded by Mr. Carter, and approved unanimously via voice vote. VI. Quasi -Judicial and Public Hearinas A. Quasi -Judicial Public Hearing — Site Plan Approval — H.A.L.O. Enrichment & Pet Adoption Center — 708 Jackson Street — Proposed Construction of a New 6,875 SF Building along with Parking, Utilities, Stormwater and Landscaping — CWR (Commercial Waterfront Residential) Zoning District Mr. Roth asked If any Commission members have had any ex parte communications regarding this Item. All Indicated they had not. Mr. Anon swore In all persons who intend to provide testimony as to the facts of this matter. Mr. Roth then called on the applicant or their agent to present their testimony. Mr. Ryan McLean, MBV Engineering, the civil engineer on lead for the H.A.L.O site plan, described what the project will entail. He believes this project will go above and beyond in meeting the minimal requirements of CWR zoning and the rivertront overlay. Mr. Roth then called on City staff to present their findings. Ms. Bosworth described the site and purpose of the additional amenities. It has not been reviewed as a kennel or a veterinary facility, although some of those pseudo -type activities may occur temporarily. It does meet all the zoning requirements with regard to building coverage, Impervious and open areas. Setbacks have all been met for the CWR zoning district. Regarding parking, based on a review of the different uses and parking requirements, they need 18 spaces. Fifteen will be able to be built on the site. They are requesting three parking -in -lieu spaces. They are in the zoning designation that does allow them to purchase the additional parking -in -lieu spaces. That request will need to be approved by City Council. That will be a recommended condition of approval. Based on the floor area of the building, it does not require a formal loading zone. She reviewed the stormwater and drainage plans and stated It is a unique site for planning a stormwater design. Based on the projected traffic impact, It was not enough to meet the threshold to require a full traffic analysis. There is a proposed opaque landscape buffer along the north and east property lines consisting of fencing and landscaping. The City Engineer and Stonmwater Department reviewed this along with the City Manager. They asked for some additional information regarding the stormwater. She stated that staff feels this project is consistent with the Comprehensive Plan, the Land Development Code, and the Riverfront Overlay District. Staff recommends approval of this site plan with the following conditions: PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 1. Approval by City Council of the request to purchase three parking -in -lieu parking spaces through the Parking -in -Lieu Purchase Program before Issuance of the building permit occurs. 2. All retaining and planter walls must be painted to match the color, or with a complimentary color, of the principal structure. 3. An additional swale or drainage conveyance measure along the front property line, within the City's ROW, may be required by the City Engineer and Stormwater Department through their review of the ROW permit application. 4. Copy of SJRWMD 10-2 Stormwater Exemption Certificate submitted before land clearing begins 5. Additional Information shall be provided that will demonstrate that the proposed closed stormwater system, which has no positive outfall, has enough capacity beyond the required 24-year 1-1/2-Inch rainfall event, and that there will be no site runoff Into the Jackson Street right-of-way or adjacent properties. Mr. Roth wanted to clarify that there are no work or site changes at all to the current building that is there that houses H.A.L.O. Ms. Bosworth stated that is correct. Besides the City sidewalk, there is no interconnection between these two sites. So this Is looked at as a separate site plan on its own. Mr. Roth then asked the commissioners for questions/comments of the staff or of the applicant. Mr. Carter — • Is glad to see that H.A.L.O, is going to be expanding. They do an excellent job here in the community. • Asked how long the new construction is going to take. • He would like to see more of a nautical theme which is in the Charter for the City, having a nautical theme in new construction if possible. • Even though this is a separate entity, he would like to see the new construction and the existing building match in color as well if possible. That would make for a more uniform appearance. • He enjoys seeing the sign for donations for bleach and things like that, but lately he is seeing scratch -off tickets. He is curious about that. Mr. McLean stated in answer to Mr. Carter's first question, the intent is to obtain site plan approval. Realistically, construction of a building like this is probably nine months or less, if possible. Ms. Bosworth explained that the site plan if approved tonight is good for 12 months. Then per the Code, they can ask for an additional 12-month extension. They could have two years to really get the project going. Otherwise, they would be required to come back before this Commission again if they need another extension. She added that, after consideration by the Commission, the Commissioners could add a condition PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 that requires not necessarily a nautical theme, but adding some of that old fishing village theme in the hardscapingAandscaping with nautical ropes and wooden posts, etc. Mr. Qizilbash — • Stated it is a very nice site plan, well prepared. His main concern Is a drainage problem on the east side. He stated that, when any property is being developed, all the drainage has to be retained on the site. He suggested that Is not the case here. Mr. McLean explained that essentially the stormwater component was set closer to the property. Due to site restriction from the actual LDRs, you cannot build a stormwater system in that 10-foot landscape buffer. Mr. Qizilbash recommended a retaining wall be Installed. In addition, he Is concerned about the small swale at the northeast corner. It is also low. That is a very tiny swale. Mr. McLean explained that there would be a minor discharge into that small swale. The bulk of the system's discharge is into the main on -site chamber system. There was extended discussion between Mr. McLean and Mr. Qizilbash regarding the stormwater situation. Mr. Qizilbash stated that the plan as it is would require a lot of maintenance. He suggested a maintenance program should be provided to the City and that it is recorded. Mr. Christino — • Basically has the same concerns as Mr. Qizilbash. He sees a water Flow issue. The neighbors have already written to the Commission about this. During construction, it takes quite a bit of work to keep runoff contained with a silt fence In a heavy rainstorm. He would like to make sure that there are bales of hay on top of the silt fence to absorb some of the flow. Mr. McLean stated that there will be a built-in system built. They will have stormwater inspections after every significant rainfall event. All those are documented in the permit box on site, and monthly they are checked by DEP by an on -site inspector. So a stormwater inspector will be there twice a week. Mr. Christino is concerned that the adjacent property owners have protection from runoff during the process in order that they not suffer any damage. • As to the gutters from the building, he asked if they are going to be directed to this chambered stormwater management system. Mr. McLean said yes. Ms. Kautenburg — • Stated it Is a very well -designed plan. She Is satisfied that the drainage issues will be properly addressed. Also, the inclusion of No. 5 in the staff recommendation satisfies her. Mr. Roth — PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 • Suggested that adding No. 5 to the conditions for approval will clarify a lot of the concerns. • Asked regarding the retaining wall, it looks on the drawings like there is a double retaining wall there. He asked W it is hollow between those two walls. Mr. McLean explained that the wall is like a raised landscaping component. There being no further questions/comments from the Commissioners, Mr. McLean further explained the how the stormwater system was designed to work. Mr. Roth called on anyone from the public who would like to speak in favor or in opposition. He emphasized that if anyone has factual Information to be presented, they will need to be sworn In. Marsha Hall, Sebastian, was sworn in. She stated that she and her husband own the property just east of the H.A.L.O. property. Her property address Is 698 Jackson Street, just east of the H.A.L.O. property line. They do have some concerns, but she first emphasized that they are in favor of this project. Their concerns are also about the drainage. There Is a house on their property, and over the years there have been some issues with drainage. Those issues were compounded when the H.A.L.O property was cleared. So stormwater control is a big concern of the property owners. She and her husband are hoping that a small berm could be placed where the landscaping Is going to be done on the east property line. She Is hoping that the berm and any additional remedies can be Incorporated into this plan. Another area of concern is the tree replacement. In reviewing the landscape plan, she noted several live oak trees along the east property line. A live oak is a tree that grows up to 80 feet tall and spreads between 40 and 100 feet wide, which would render the Halls having some of the limbs on their property as well. There is a power line there were the service entrance cable leaves the transformer and supplies their house with electricity. That would be a big concern to the Halls regardless of what vegetation was placed there due to limbs getting Into electric lines and causing an issue. She understands that every property owner is responsible for limbs of a tree that hang over its property. In the future, If they were having to maintain the growth of a live oak, they could Incur considerable expense of having to do so. She is suggesting replacement of the live oak with a more manageable tree might be a remedy that could be easily implemented. Mr. Roth called on staff for any additional input. Ms. Bosworth wanted to note for the record that the Commission did receive a letter from Mr. and Ms. Hall, and It was not presented to them here at the meeting, but staff did forward It to them earlier, and also placed a copy of it at their seats tonight. Regarding stormwater, staff has conditions that help them work with MVB and Mr. McLean. Mr. Qizilbash requested adding in Item No. PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 5 of staffs recommendation that the drainage problem on the east side should be resolved by Installing a retaining wall or sloped buffer on the applicant's property, not on the neighbors' property. Ms. Bosworth agreed, whether It be a retaining wall, berm, or redesign of that area. Regarding the tree issue, Ms. Bosworth stated staff will look at the landscaping plan. Staff cannot reduce the number of trees or the size, but they can switch out the live oak that is In that area with other trees such as magnolias, etc. Staff can switch out the location of those trees. Ms. Bosworth reaffirmed staffs recommendation to approve the project with the five noted recommendations read Into the record. There being no further deliberations among the Commissioners, a motion to approve the new site plan for an Enrichment and Pet Adoption Center by H.A.L.O., consisting of demolition of an existing residential structure and construction of a new 6,875 square -foot building with a water feature along with required parking, stormwater, landscaping and site amenities, including the five recommendations from staff was made by Mr. Carter and seconded by Mr. Simmons. Roll Call: Mr. Roth — Yes Mr. Alvarez — Yes Mr. Christino (a) — Yes Mr. Mr. Qizilbash — Yes Vote was 7-0 in favor. Motion passes. VII. Unfinished Business — None VIII. Public Input — None IX. New Business -- None Mr. Simmons — Yes Mr. Carter — Yes Ms. Kautenburg — Yes X. Commissioners Matters — Election of Chairperson and Vice Chairperson Mr. Roth opened the floor for nominations for Chairperson. Mr. Simmons nominated Mr. Alvarez for Chairperson, which was seconded by Mr. Christino. Mr. Carter nominated Mr. Roth for Chairperson, seconded by Mr. Alvarez. Mr. Roth declined the nomination for Chairperson. Ms. Kautenburg nominated Mr. Carter for Chairperson. Mr. Christino seconded the nomination of Mr. Carter. Mr. Carter declined the nomination. Mr. Roth called for any additional nominations for Chairperson. There being no further nominations for Chairperson, Mr. Alvarez will serve as Chairperson for the next calendar year. PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 Mr. Roth opened the floor for nominations for Vice Chairperson. Mr. Christino nominated Mr. Simmons for Vice Chairperson. Mr. Simmons declined. Mr. Carter nominated Ms. Kautenburg, seconded by Mr. Christlno. Ms. Kautenburg accepted that nomination. There being no further nominations for Vice Chairperson, Ms. Kautenburg will serve as Vice Chairperson for the next calendar year. Mr. Simmons asked regarding the status of the parking spaces for Taco Mobile. Ms. Bosworth stated they were issued a land -clearing permit. There was an opportunity for the property owner to also buy the lot to the east. Their site plan expired. Coming in next week is a revised site plan that Is now going to include two lots. Staff will start that review, and then It will come back before this Commission. Mr. Christino stated that he has been Informed that Mr. Mechling regarding the Spirit of Sebastian project that they are beginning work on that property. Ms. Bosworth stated the construction drawings have been signed off for Pod 2, which they will do first. Mr. Christino also addressed the number of houses being built In Sebastian for which there are some dedicated groups of developers who are here from down south. They are building strictly to rent. These homes do not have a single shrub anywhere around them. They plant a few slash pines, and then they leave. He asked for an explanation. Ms. Bosworth clarified that the Code currently does not require any landscaping besides those trees. However, it is proposed in the near future to review the landscape article, with the Natural Resources Board reviewing it first, and forwarding recommendations to the Planning and Zoning Commission. Mr. Roth thanked the City for the window shades which were given to the Commissioners XI. City Attornev Matters — None XII. Staff Matters Ms. Bosworth stated that the preconstruction meeting was held on site at Squid Lips. She stated there will be lots of activity on that site very soon. She recalled that work would be started on the west side parking first In addition to working on the slab. Then once the west side is completed, the east side will be done. They plan on keeping the restaurant open. She noted that the demolition permit has been issued for the Mobil gas station on US1, and updated that the recommendation to City Council for land uses and zoning for the properties in November was reviewed by the State. They had no comments. PLANNING AND ZONING COMMISSION PAGE 8 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 The annexations and all of those land uses and zoning will be heard by City Council at their meeting on February 911. They have all been advertised. As to the Comprehensive Plan, all of the new Items In the Comp Plan that require Land Development Code changes are being worked on At this Commission's next meeting on February 171h there are three ordinances that will be brought before the Commissioners. They will be recommendations to City Council. She said there are a lot of projects being worked on, so the Commission should be busy for the rest of the year. XIII. Adloum There being no further business, Mr. Roth adjourned the meeting at 7:05 p.m. ffs j9 Date: