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HomeMy WebLinkAbout07-07-2022 PZ AgendaMy Lf SEAT" HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebastian.org AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, JULY 7, 2022 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of May 5th, 2022 6. PUBLIC HEARINGS: None 7. UNFINISHED BUSINESS None 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS A. Discussion - Land Development Code Amendment — Medium Density Residential Development (MDR), Draft RM-10 (Residential Multi -Family, 10 units/acre) Zoning District, and Attainable Housing 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS 12. STAFF MATTERS 13. ADJOURN Page 1 of 53 No stenographic record by a certified court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision made by the Council with respect to any matter considered at this meeting will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) In compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.cityofsebastian.orQ unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule ZOOM INFORMATION Please click the link below to join the webinar: htti)s://usO2web.zoom.us/i/81554181087 Or One tap mobile: US:+13017158592„81554181087# or+13126266799„81554181087# Or Telephone: Dial f for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 815 5418 1087 International numbers available: httvs://usO2web.zoom.us/u/kfi6UA6BO 2 Page 2 of 53 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES MAY 5, 2022 Call to Order -- Chairman Alvarez called the meeting to order at 6:00 p.m. Pledge of Allegiance was recited by all. Roll Call Present: Ms. Kinchen Mr. Simmons Ms. Kautenburg Ms. Jordan (a) Not Present: Mr. Christino (a) -- Excused Ms. Battles -- Excused Also Present: Mr. Carter Mr. Lucier Mr. Alvarez Ms. Dorri Bosworth, Community Development Manager Mr. Manny Anon, Jr., City Attorney Mr. Joseph Perez, AV Technical Assistant Ms. Janet Graham, Technical Writer A E I2 ar a. E ca 3 Co " w ®3 0 r � " 02 2 gg CL a �p0 .i ; "4� - . Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Agenda Modifications Mr. Alvarez announced that Mr. Christino and Ms. Battles are excused from this meeting, and Ms. Jordan (a) will be voting this evening. Ms. Bosworth pointed out that staff provided for the Commissioners an 8B form which is required to be read into the record. This is regarding the last meeting when one of the Commissioners, Ms. Battles, had to step down for conflict of interest. It states that it must be made part of the Minutes, which it is on the original Minutes, and it is to be read into the record before you approve the Minutes at this meeting. Ms. Battles at that time, as you can see on the form in front of you, stepped down because it inured to her special private gain or loss. She works for Kimley-Horn, who was consulting in helping staff Page 3 of 53 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF MAY 5, 2022 with the Land Development Code amendments. Even though it is at a different office, she stepped down and declared this conflict of interest. It has now been read into the record, and it will be a part of the original Minutes. V. Approval of Minutes: Regular Meeting of April 21, 2022 Mr. Alvarez asked if all the Commissioners have had a chance to review the Minutes of the April 21, 2022 meeting. All indicated they had. There being no comments or corrections, Mr. Alvarez called for a motion. A motion approving the Minutes of April 21, 2022 with the statement by Ms. Bosworth regarding Ms. Battles recusing herself at that meeting, as set forth above on pages 1 and 2, was made by Ms. Kautenburg, seconded by Mr. Simmons, and approved unanimously via voice vote. VI. Quasi -Judicial Public Hearinras Mr. Alvarez asked if any of the Commissioners had had any ex parte communications regarding this item. All indicated they had not. A. Quasi -Judicial Public Hearing -- Site Plan Modification and Conditional Use Permit -- Calvary Chapel Sebastian -- 1251 Sebastian Boulevard - Proposed Construction of a 7,420 Sanctuary Addition along with Parking, Utilities, Stormwater and Landscaping -- PS (Public Service) Zoning District -- CR512 overlay District City Attorney Anon read the article into the record, and Mr. Alvarez called for the applicant to present their testimony. All who were to testify were sworn in by Mr. Anon. Ryan McLean with MBV Engineering, Inc. identified himself and his position with MBV Engineering. He stated MBV is the engineer for the Calvary Chapel Sebastian project. He reviewed that the Calvary Chapel Sebastian is seeking to modify and expand the facility to meet the current congregation growth that they are seeing today. The project has been through a substantial amount of back -and -forth for staff approval. He stated that the project as it is put before the Commissioners this evening will meet the requirements of the City of Sebastian and will do much to improve the facility going forward. There is a substantial amount of expansion beyond the sanctuary site such as stormwater, utilities, etc. He stated he would be glad to address any questions/comments by the Commissioners. Mr. Alvarez called on staff to present their findings and analysis. Ms. Bosworth verified what Mr. McLean had just said regarding the number of back -and -forth communications Page 4 of 53 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF MAY 5, 2022 on this project. Staff has thoroughly reviewed the plan, and she will address some of the details that are contained in the Staff Report in order to have them as part of the record. Ms. Bosworth described this project as a request for a site plan modification and a conditional use. Churches are conditional uses in the Public Service zoning district. The conditional use criteria that the original church had to meet also has to be met by the addition proposal, which is set out in the Staff Report. This is a building along with some parking, landscaping, lighting, and stormwater improvements. It is the existing site of the former United Church of Sebastian, and they have combined with Calvary Chapel. In 1992 there was a site plan that was approved. Portions of that site plan were built and constructed. There was a multi -purpose building that was used as a sanctuary and a community room. In 1996, they added what became the sanctuary as it now exists. No other phases have been completed since then. At that time, a master stormwater plan for the entire build -out was created, and that stormwater pond and system was permitted and constructed. Thus, on the current plan there are not a lot of changes to the stormwater design and the size of the pond. She described the different areas of the site plan. The setbacks meet the requirements of both the Public Service zoning district, and the setbacks required for the conditional use criteria. She also reviewed the square footage, height, etc. of the proposed facility. Regarding parking, the calculations from the original 1992 plan have changed. So staff recalculated the parking per current code, which meets all the requirements. Parking for churches is calculated on maximum capacity established by the fire marshal. The number of seats is now estimated at 350, but they are not fixed seats. So the fire marshal and the architect determined a maximum capacity for all areas, and parking was based on that maximum capacity, which was 559 occupants that required 140 parking spaces. They are providing 145. When this plan was reviewed by Indian River County Traffic Engineering, they are requiring that anything more than 350 seats may have to make some improvements to County Road 512. The church has kept their maximum seating at 350 seats so that at this time they are not required to do any turn lane improvements onto County Road 512. Ms. Bosworth reviewed the Staff Report in depth after which she said that staff recommends approval of the proposed site plan modifications along with the conditional use permit request for Calvary Chapel located at 1251 Sebastian Boulevard subject to the following conditions: 1. Opaque buffering must be provided along the eastern, southern, and southwestern boundary lines. If the existing natural buffer ceases to be opaque after removal of invasive plant materials (i.e. pepper trees), or plants and trees become weakened by age, storm, fire, or disease, additional buffering -- landscaping or fencing -- must be reestablished along these boundary areas. Buffering will be verified at final inspection and must be in compliance before Page 5 of 53 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF MAY 5, 2022 issuance of the Certificate of Completion. 2. If additional seating is added over the proposed 350 seats, Calvary Chapel shall submit a site plan application so that parking compliance can be reviewed by the City and traffic improvements by the County. 3. The existing well located in the stormwater pond shall be examined and also determined if functional, and either abandoned or capped before issuance of the Certificate of Completion. 4. The separate sign permit for the monument sign will need an approval from Indian River County Utilities for its partial location within their utility easement. Ms. Bosworth stated that staff feels this plan is consistent with the City's Comprehensive Plan, its Land Development Code, and the overlay district requirements, and staff is recommending approval of both the site plan and the conditional use with the four conditions as set forth above. She invited questions/comments from the Commissioners. Ms. Kautenburg stated she has several concerns: First is the open seating. She asked how it can be verified that the 350-seat limit is not being exceeded. Secondly, she asked if this organization runs periodic flea markets. Ms. Bosworth said staff has not had any applications for flea markets from Calvary Chapel over the past year. Thirdly, Ms. Kautenburg stated she is extremely concerned about the cracked well piping that could be spreading contaminated water. She feels strongly that that should be taken care of, and regardless of when, that should be part of this approval. Mr. McLean spoke regarding the cracked well housing. He said it is a cracked valve at the top end of the 2-inch well at the border of the pond. The applicant as part of this process is to cap the well. The well will be capped immediately at the start of construction. The question was only raised if the well were to be abandoned. If it is, the Health Department would come out and make a determination on how it is to be done. Currently, the plan is to cap the well at the start of construction. But in the process of construction they are going to make a determination to either repair the well head and make use of it and/or abandon the well. Ms. Kautenburg would like to have specific assurance as to this issue. Mr. McLean asked Ms. Kautenburg what she would like to see occur. Ms. Kautenburg stated she would like to have assurance that it is not going to be drawing contaminated water into the aquifer. Mr. McLean said that whatever is decided, it will happen as part of the construction process. The site will either be completely repaired or completely abandoned. Those are Page 6 of 53 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF MAY 5, 2022 the only two options. Ms. Bosworth stated that is already stated as a condition of approval in the staff report, that it has to be dealt with before a certificate of completion. She suggested that Ms. Kautenburg can change the wording so that it is to be taken care of and addressed during the demolition stage of the project so that it is dealt with as part of the first step. Ms. Kinchen referred to Mr. McLean's email to Ms. Bosworth under item No. 6 where it refers to school and accessory residential uses and that they are not proposed, and she questioned why there are so many classrooms. Mr. McLean replied they are for Sunday school. There are different rooms used for the various ages of those attending the classes. It is very much different to operate a school than it is to operate a Sunday school. Ms. Bosworth made a note that, if the facility were to do that (a) it would need a second conditional use permit, and (b) it would cause the need for significant modification to the parking configuration. He added that the City monitors the parking adequately for incorrect use of the facility. Mr. Carter commented that he is glad that the property is going to be improved. He added that, from the City's standpoint, it appreciates the congregation investing in the community and in its church. Mr. Alvarez called on anyone who wished to speak on the project. Mr. Richard Mauro, 114 Salazar Lane, Sebastian -- He is a member and volunteer at the church. The church is growing, and there are many ministries conducted within the church, and it is convenient that there are separate areas where meetings and business of the church can be conducted. He asked that the Commissioners approve this project. Craig Szeman, 918 Oswego Avenue, Sebastian -- He is one of the pastors at Calvary Chapel Sebastian. He thanked the Commissioners for considering this project. Joanne Holl, 53 Blue Island Street, Sebastian -- She stated her residence is directly across County Road 512 from the church in the community of San Sebastian Springs. That community only has two exits: one onto CR 512 and one off the back of her community onto Gardenia or Riviera. She is concerned about the safety of the residents pulling onto 512 when there are so many cars at the church with no traffic light. The exit from their community is directly across from the church, and the residents are concerned about the safety of residents leaving their community with that size congregation right there. Ms. Bosworth responded regarding the concern of Ms. Holl. She stated that when staff Page 7 of 53 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF MAY 5, 2022 receives a site plan, especially one that is on CR 512, it is forwarded to Indian River County Engineering for their review of all the traffic information. There is a threshold that when they determine a certain amount of traffic for each use, that a full traffic impact analysis needs to be done. This project did not call for a full traffic study. However, the plan was reviewed by IRC Traffic Engineering, and they have determined that the seating that is proposed is okay, but any increase to that seating will require another traffic review for a possible turn lane in that area. She stated that staff is recommending approval of this plan. In the motion, staff would request that the Commissioners include the six items listed on Page 7 of its report, as well as the four conditions noted on Page 8. Regarding number 3 on Page 8, if you would like the language regarding the timing of the well to be changed, you could add that language into the motion. Ms. Kautenburg stated she is still concerned that no requirement for a turn lane is based on seating of no more than 350, and we do not have any way to verify that. She considers this as borderline, as she knows that lots of times during the day, particularly on weekends, there are some issues. Mr. Alvarez added that like at St. Sebastian Church, they hire a police officer to control the traffic. Ms. Bosworth spoke again regarding the seating capacity, that it was based on the City's requirements, and they do meet that requirement. She said the reason why that subject was contained in the agenda packet as an exhibit, is that the request to hold off that turn lane was an agreement between the church and the county itself. If the seating goes over 350, they will need to come back and readdress the turn lane. She emphasized that, if at any time it is discovered that there were more than 350 seats, the Church could be found in violation of their site plan, since it was made a condition of approval, and also in violation of the agreement that they made with the County. Ms. Kautenburg again voiced her concerns regarding a turn lane. Mr. Alvarez referred to the rendering included with the site plan. He asked where the addition is going to be, on the northeast side or the southwest side. Mr. McLean said if you are standing on CR 512 facing the church, the addition will be in the southwest area of the property. Mr. Alvarez called for a motion. A motion approving the site plan modification and conditional use permit for Calvary Chapel Sebastian, 1251 Sebastian Boulevard -- proposed construction of a 7,420 square foot sanctuary addition along with parking, utilities, stormwater and landscaping -- PS (Public Service) zoning district -- County Road 512 overlay district, to include the four conditions that staff is recommending for approval on Page 8 of the staff report as well as the six facts and findings on Page 7 of the staff report for the conditional use criteria have been met was made by Mr. Carter and seconded by Ms. Kinchen. Page 8 of 53 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF MAY 5, 2022 Roll Call Ms. Kinchen -- Yes Mr. Alvarez -- Yes Mr. Lucier -- Yes Ms. Jordan (a) -- Yes Ms. Kautenburg -- Yes Mr. Carter -- Yes Mr. Simmons -- Yes Vote was 7-0 in favor. Motion carries. VII. Unfinished Business -- None Vill. Public Input -- None IX. New Business -- None X. Commissioners Matters Ms. Kinchen welcomed the new church, and she hopes the church gets its 350 members. Mr. Carter wished all the mothers a Happy Mother's Day. XI. Citv Attornev Matters -- None XII. Staff Matters Ms. Bosworth announced that there will not be a meeting on May 19th. The next meeting will be in June. XIII. Adjournment There being no further business, Mr. Alvarez adjourned the meeting at 6:45 p.m. By - Date: Page 9 of 53 MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Medium Density Residential Development (MDR) and Attainable Housing DATE: July 7, 2022 Agenda Item Title: Medium Density Residential Development (MDR) and Attainable Housing Introduction and discussion on the proposed Land Development Code (LDC) and Zoning District change and how these changes relate to Attainable Housing standards and compliance with the Comprehensive Plan 2040. The following provides the Policy statement that corresponds to the proposed amendments. Land Use Element Policy 1-1.2.3: Medium Density Residential Development (MDR) Areas designated as Medium Density shall accommodate a mixture of single-family (detached and attached) residential housing, multi -family residential housing, and compatible civic uses and open space(s) at a maximum density of ten (10) dwelling units per acre and up to twelve (12) dwelling units per acre with the use of TDRs or incentives. TDRs and incentives shall be outlined in the LDC and may include but are not limited to projects that incorporate regional stormwater pond(s), attainable and workforce housing, shared parking structures(s), bike/pedestrian connectivity, and quality of public open space. Policy 3-1.4.1: Mix of Housing. The City shall promote livability by ensuring the City's LDC and review processes promote a diverse mix of housing stock that is well -integrated with the City's mobility network and accessible to services and amenities. Recommendation Following discussion, Ordinance change will be presented for recommendation by LPA and presented to City Council for adoption. Lisa Frazier, Director Community Development Department Page 10 of 53