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Home My WebLink About09-01-2022 PZ Agendaonn HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebasfan.org AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, SEPTEMBER 1, 2022 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE 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 AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of August 11, 2022 6. PUBLIC HEARINGS: None 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: A. Accessory Structure Review — LDC Section 54-2-7.5 — 702 Crystal Mist Avenue - 720 SF Detached Carport - Mr. John Malerich 9. ADJOURN 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.citvofsebastian.org unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES AUGUST 11, 2022 Call to Order -- Chairman Alvarez called the meeting to order at 6:00 p.m. 06 II. Pledoe of AIIeQiance was recited by all. III. Roll Callr � co 'E � Present: � P2 E Mr. Lucier Ms. Jordan (a) d' E 68- Mr. Simmons Mr. Christino (a) IC Ms. Kautenburg Ms. Kinchen CO .� Mr. Carter Mr. Alvarez 1 00 Not Present: 4)0 C C0 N cCL ¢ <co Ms. Battles -- Excused IV. Announcements and Aoenda Modifications Chairman Alvarez announced that Ms. Battles is excused, and Mr. Christino will be voting in her place. V. Aonroval of Minutes: Regular meeting of July 21, 2022 Chairman Alvarez asked if everyone has had a chance to review the July 21, 2022 meeting Minutes. All indicated they had. Chairman Alvarez called for a motion. A motion approving the Minutes of the July 21, 2022 meeting as presented was made by Mr. Carter, seconded by Ms. Kinchen, and approved unanimously via voice vote. At this time, Chairman Alvarez closed the meeting of the Planning and Zoning Commission and opened the meeting of the Local Planning Agency. VI. Local Plannina Aaencv (LPA) Public Hearincs A. Public Hearing -- Recommendation to City Council -- Ordinance 0-22-06 -- Land Development Code Amendment -- Amending LCD Article V by adding zoning district regulations for RM-10 relating to Medium Density Multi -Family Residential uses; amending LDC Article VI by amending Conditional Use criteria relating to RM-10 Medium Density Multi -Family PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF AUGUST 11, 2022 Residential uses; and Amending LDC Article XV Parking Requirements relating to Medium Density Multi -Family Residential uses. Attorney Anon read the item into the record. Chairman Alvarez called on the staff to make their presentation. Ms. Frazier reviewed the workshop that was held on July 7th, 2022 and that RM-10 was discussed at that time. She was not at that workshop, and she reviewed notes that were taken by Mr. Klepper from Kimley-Horn and Ms. Bosworth. She explained that what is in front of the Commission this evening is the accumulation of what was decided at that meeting. What staff is providing the Commission is a brand-new Zoning Ordinance RM- 10. Staff felt that in writing this and presenting it to the Commission, the City is meeting or at least coming closer to being able to provide attainable housing in the City of Sebastian by providing for a less expensive model and to meet the Comprehensive Plan policy relating to a mix of housing. In addition, changes were made in the Conditional Uses of the Code in relation to RM-10. An example of this is that bed and breakfast facilities allowed in RM-8 are now also allowed in RM-10. Staff also made changes to the parking spaces, for example residential duplex townhomes. It is 1-1/2 spaces for each dwelling unit plus one visitor space per five required parking spaces. That in essence is reducing the amount of parking per unit which in effect reduces the amount of impervious area required by these developments. Staff feels that this is a good plan. She stated that she will address questions/comments from the Commission. Chairman Alvarez called on the Commission members for questions/comments. Mr. Christino addressed the article under Child Care Services, Item No. 4 where it states that "Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the premises." He suggested that with the lots being as small as they are and requiring someone to put a turn -around on it would preclude someone from having childcare available. Ms. Bosworth explained that this is for conditional uses for childcare of more than a certain number of children, which would be larger childcare facilities, and that would be designated on a site plan. This is the Conditional Use criteria that would have to be shown on that site plan. That item refers to much larger sites than the single-family lots that will be having less than six children. Ms. Kautenburg referred to the same Child Care Services, Item b-I where it states, "The site shall be located on a paved public road," indicating a major collector street. She questioned if the childcare facility were to be built to service a particular subdivision, that would not necessarily be a major collector street. Ms. Bosworth reminded everyone that PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF AUGUST 11, 2022 the items that are in black are already current Code. We are not discussing changing the Conditional Use criteria but are adding the RM-10 into that. Ms. Kautenburg just wanted to be certain that this item could be discussed when Conditional Use criteria comes into play. Ms. Bosworth said that, should someone want to open a private day care in a private subdivision, usually those streets are private. So most likely it would not be allowed in a private subdivision. Ms. Frazier added that it would have to follow the zoning districts as they are listed. The particular sentence that Ms. Kautenburg is referring to is saying located within RM-10 they shall be located on major collector streets or larger. A facility located in the other zoning districts shall be located near a major collector street. Ms. Kautenburg addressed the bed -and -breakfast Conditional Use criteria. She questioned Item 1 that says, "Bed -and -breakfast facilities shall only be located on property lying on or east of U.S. V' Ms. Bosworth reviewed that the last time the zoning districts and conditional uses were addressed, that was discussed by Planning and Zoning, and they did not want the bed -and -breakfasts in residential areas. That was eight or nine years ago, and it was added by the Planning and Zoning Commission at that time. Ms. Frazier emphasized that they can be on U.S. 1 or east of U.S. 1. Mr. Christino asked if the Airbnb's are considered a bed and breakfast. Ms. Frazier said they are considered transient facilities. Mr. Carter referred to the section on childcare where it states, "There shall be one parking space for each five children." and he asked, if there are six children, does that mean they must have two spaces or just one. Ms. Bosworth said that in the Florida Statutes, if you have six children or less operating out of a private residence, there is no site plan needed, but a business tax receipt must be obtained. If there are more than six children, that requires a site plan, etc. Ms. Kautenburg referred to page 3 of 7 where it talks about golf courses and support facilities, it states that there shall not be miniature golf. She asked if a small miniature golf course could be part of a park amenity in an RM-10 subdivision. Ms. Bosworth said if one were to go to Article 22 and look up the definition of golf courses, it is not going to include miniature golf courses. If there are any developers who ask about miniature golf courses, the City would process those as special use permits. Ms. Kautenburg asked regarding the parking spaces required, page 1 of 2, flea markets show three spaces per booth. She does not think that is nearly enough. Ms. Bosworth stated that number is not going to be applied to those flea markets that come in as a special event permit. It would be if someone came in and wanted to do a permanent site plan for a flea market, which is allowed in a couple of the City's zoning districts, it would PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF AUGUST 11, 2022 have to be a permanent weekly event. She added that she does not recall ever receiving a request to install a permanent flea market in Sebastian. Ms. Frazier stated that the City is going to be addressing parking in the City in the near future. She stated that she could bring it up at that time. There being no further questions/comments from the Commissioners, Chairman Alvarez called on anyone wishing to present public input. There was no one either in chambers or on Zoom. Ms. Frazier stated that staff recommends approval of Ordinance 0-22-06 and asks that the LPA recommend approval, that this Ordinance is in compliance with the Comprehensive Plan. Chairman Alvarez called for a motion on this item. A motion approving the recommendation to City Council of Ordinance 0-22-06 of the Land Development Code Amendment, amending LDC Article V by adding zoning district LDC Article VI by amending Conditional Use criteria relating to RM-10 medium density multi -family residential uses and amending LDC Article XV Parking Requirements relating to medium density multi -family residential uses as written except for the minor change on page 1 of 3 relating to foster care and group homes with less than six residents, was made by Ms. Kautenburg and seconded by Mr. Carter. 104111W. I] Ms. Kinchen -- Yes Ms. Kautenburg -- Yes Mr. Lucier -- Yes Mr. Simmons -- Yes Vote was 7-0 in favor. Motion carries. Mr. Christino (a) -- Yes Mr. Alvarez -- Yes Mr. Carter -- Yes Chairman Alvarez closed the Local Planning Agency (LPA) public hearing and reopened the Planning and Zoning Commission meeting. VII. Unfinished business -- None Vill. New Business A. Recommendation to City Council -- Review of Capital Improvement PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF AUGUST 11, 2022 Program (CIP) and Capital Outlay Items Greater than $50,000.00 -- 6-year schedule FY 2022/2023 through 2027/2028 Mr. Killgore reviewed that once a year he comes before this Commission to present what City staff is proposing for the Capital Improvement Program. He made a slide presentation (SEE ATTACHED) and went through it page by page describing what each item included. Also attached to the agenda packet is a copy of the Proposed CIP Budget (SEE ATTACHED). He asked that after his presentation the Commissioners ask questions or make comments and then consider a motion to recommend the proposed CIP to City Council. Chairman Alvarez asked about a proposal that he made at a prior meeting related to obtaining a street sweeper for the City's streets and roadways. Mr. Killgore stated that he would be glad to pass that on to Mr. Carlisle. Ms. Kinchen stated that in the past the City has used outside contractors to come in quarterly to clean the streets rather than buying the actual equipment. Mr. Christino agreed with Chairman Alvarez. Mr. Christino opined that the purchase of a street sweeper would benefit the residents of the City much more than the purchase of a $376,000.00 cement truck. There was general discussion among the Commissioners regarding the street sweeper proposal. Ms. Kautenburg thanked Mr. Killgore for putting the reports together. She appreciates in particular the justification forms that came along with the proposals, because it helps her greatly to understand the line items. The other Commissioners agreed. Mr. Carter commented that every year he looks forward to Mr. Killgore's presentation. He reminded everyone that the Commission members are here tonight to make a recommendation to City Council, not to pick apart the budget. A motion that the proposed Capital Improvement Program be recommended to City Council with no changes was made by Ms. Kinchen and seconded by Mr. Carter. Roll Call Mr. Lucier -- Yes Mr. Alvarez -- Yes Mr. Christino (a) -- Yes Ms. Kinchen -- Yes Vote was 7 to 0 in favor. Motion carries. Mr. Carter -- Yes Mr. Simmons -- Yes Ms. Kautenburg -- Yes PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF AUGUST 11, 2022 IX. Adiourn There being no further business, Chairman Alvarez adjourned the meeting at 6:41 p.m. By: A Date: 1. 2. 3. 4. 5. 6. Cnor swo WME OF PELICAN ISLAND Community Development Department Accessory Structure Staff Report Property Owners: John Malerich Contractor: Carolina Carports Requested Action: Approval of a 720 SF Carport Project Location: 702 Crystal Mist Avenue, Sebastian, FL 32958 Lots 8 & 9, Block 351, Sebastian Highlands Unit 11 Current Zoning: RS-10 Current Land Use: Single-family Residence Required Findings: Does Does Not Comply ComVly A. No accessory structure shall be constructed until the construction of the principal structure has been started. 1. House completed 1993 ; or house under construction 2. Accessory structure to be located on same lot as principal structure ; or located on second lot that has J been combined with urinch)al lot bN the house building permit, B. No accessory structure shall be located in any required yard (setback): 1. Front yard: No detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Principal structure setback is 23.2' . Accessory structure setback is 45' . 2. Front yard on corner lot: Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title with an interior lot that contains the principle structure. However, said accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS-10 zoning district, and in all other zoning districts shall meet required front yard setbacks. Secondary front yard setback is 25' , and proposed accessory structure secondary front yard setback is 130'f Does Does Not COMIAN Comph 3. Side yard: Required side setback is 10, Accessory structure side setback is 42' 4. Rear yard: The required rear yard is 20' . A ✓ detached accessory structure ma-,, encroach into the required rear yard, provided it meets all the following: a. It is a minimum 10 feet from the rear property line. ✓ Proposed accessory structure has a 20' setback. b. It is not in an easement. Rear easement is 6' and ✓ proposed setback is 20' c. It does not exceed 400 square feet in lot coverage. Proposed accessory structure is 720 square feet. ✓ d. It does not exceed 12 feet in height. Proposed accessory structure is ? feet in height. ? Accessory structures which are attached, or do not meet the above four requirements must meet the standard rear setback ✓ which is 20' Proposed accessory setback is 20' C. No mobile home, travel trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. ✓ D. Applicant must expressly designate the type of the accessory structure (i.e. garage, shed, etc.) Carport ✓ E. Must comply with all city codes. F. The height of accessory structure cannot exceed height of principal structure. House is approximately 18.68' f and accessory structure will be ? G. Attached or detached Quonset -type or style accessory structures are prohibited. ✓ H. A residential lot is allowed 5 square feet of accessory building area (cumulative) for every 100 square feet of lot area, up to a maximum 1000 square feet. Property square footage 22.215.6 x .05 = Allowable sq.ft. of accessory structures 1,000 ✓ Existing accessory structures 0 SF Proposed accessory structure 720 SF Total existin�u and proposed 720 SF 2 7. Planning and Zoning Commission Review: Any attached or detached accessory building, carport or breezeway over 500 square feet in area must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: Does Does Not Comply ComplV A. Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal -looking products. ✓ B. The roof of the accessory building must have a minimum pitch of 3:12. ✓ C. Accessory structures 501 sq.ft. to 750 sq.ft. in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. D. Accessory structures 751 sq.ft. to 1000 sq.ft. in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways, as follows: 1 shrub for every 3 lineal feet and 24 mA inches in height at planting. Lineal dimension totals - 3 = Total Shrubs Required Review fee has been paid: X YES NO Additional Considerations: C� Prepared by The principal residence has an asphalt -shingled roof. The proposed carport's roof is metal. The carport is also proposed to have a vertical side option added to the structure, which is also metal. The roof and siding color will match the house. The Board must decide if the proposed carport meets the intent of the Planning and Zoning Commission Review provision `C' listed above. The proposed carport walls and roof will have a similar color, but not comparable material as the home. 8/25/2022 Date 3 CITY OF HOME OF PELICAN ISLAND BUILDING DEPARTMENT FIRE PREVENTION OFFICE 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 FAX (772) 589-2566 0A"'hi"UjLDER PERMIT APPLICATION L OF THE FOLLOWINg MUST BE FILLED IN BY APPLICANT, ACCORDING TO FS 713.135 a4°-~ 3141 DATE: ! RIVER COUNTY P�N_-_L ID #_ SUBDIVISION: RECEIVED BY: FLOOD ZONE: T PE OF WORK: [] []NEW STRUCTURE ADDITION []ALTERATION []REPAIR DEMOLITION ❑ OTHER RK INCLUDES: []STRUCTURAL []ELECTRICAL []PLUMBING DMECHANICAL []ROOFING - SLOPE:_ [] FIRE SYSTEM []POOL ALUMINUM STRUCTURE [] SHED [] FENCE [] SLAB OR DECK [] OTHER --'XWORK DESCRIPTION: //(, 5 T-A- Q. _ yt )(ESTIMATED JOB VALUE: $_ TOTAL SIK UNDER AIR JOB NAME: _ 205F 40B ADDRESS: g PROPERTY OWNER'S NAME: �J �lvt� i 12�cGi { PHONE:() ADDRESS:Aj 5� CITY/STATE: ZIP CODE f Z�S S_ CONTACT E-MAIL ADDRESS: GC1 V 3'.Z- F", /Y CONTRACTOR BUSINESS NAME: ��I p4i eA ePDILrS LICENSE #: ceG 1t! 5'iv Z ADDRESS: ►9. 9 a /L CONTACT PHONE: 171f-mez CITY/STATE: 97 P ZIP CODE_�2 70, CONTACT E-MAlL ADDRESSeo : G • tom.._ ARCHITECT/ENGINEER: ■ I1�i PHONE: - V �P� • O 7 T ADDRESS: CITY/STATE: IL'G ZIP CODE: CONTACTE-MAIL ADDRESS: �gTfG�/(�r' °�(,�� f.)`�: PRESENT USE: MIA PROPOSED USE: 0Ai -Phe'r OCCUPANT LOAD: NUMBER OF: STORIES [:]BAYS BAYS LDUNITS []BEDROOMS []HEIGHT TYPE OF CONSTRUCTION: 7T� NCI ��'et`�^ _ GROUP OCCUPANCY: AREA IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? AYES QNO BONING COMPANY: MORTGAGE LENDER: ADDRESS: ADDRESS: _ Ll APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION IN THIS JURISDICTION. I UNDERSTAND THAT A SEPARATE PERMIT MUST BE SECURED FOR ELECTRICAL WORK, i PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS AND AIR CONDITIONERS, ETC. WARNING TO OWNER. YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. A CERTIFIED COPY OF THE RECORDED NOTICE OF COMMENCEMENT SIGNED BY THE OWNER, SHALL BE FILED WITH THE PERMITTING AUTHORITY IF THE VALUE IS $2,500 OR MORE, EXCEPT HEATING OR AIR CONDITIONING CHANGE OUTS LESS THAT $7,500. NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERIl(T, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THE COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES. I ANY CHANGE IN BUILDING PLANS OR SPECIFICATIONS MUST BE RECORDED WITH THIS OFFICE. ANY WORK NOT COVERED ABOVE MUST HAVE A VALID PERMIT PRIOR TO STARTING. IN CONSIDERATION OF GRANTS, THIS PERMIT, THE OWNER, AND THE BUILDING CONTRACTOR AGREE TO ERECT THIS STRUCTURE IN FULL COMPLIANCE WITH THE BUILDING AND ZONING CODES OF THE CITY OF SEBASTIAN. NOTE: THIS PERMIT APPLICATION IS VOID AI-7ER 180 DAYS UNDM THE WORK WHICH IT COVERS, HAS COMMENCED. ALL CONTRACTORS MUST HAVE A VALID STATE CERTIFICATION, STATE REGISTRATION, OR CERTIFICATE OF COMPETENCY ISSUED BY THE CITY OF SEBASTIAN PRIOR TO OBTAINING PERMIT. OWNER'S AFFIDAVIT: I certify that all the foregoing Information Is accurate and that all work will be done in compliance with all lawn applicable regulating construction and zoning. AN OWNER ACTING AS THEIR OWN •j* OWN ER/A06NT SIGNATURE CONTRACTOR MUST PERSONNALLY APPEAR j AT THE BUILDING DEPARTMENT TO SIGN THE M� 1 PERMIT APPLICATION. PER FS 489.103 PRINTED NAME O OWNER/AGENT DATE: ❖ Individuals who sign as the owner's agent must first obtain legal power of attorney to sign on their behalf. STATE OF FLOREDA COUNTY OF I hereb certify that on this IS day of Ju 20 a'>- personally appeared who is personally knobsn to me or has -,'produced identification. Type of identification Tiuced- Al, IX JOSHUASIMPSON Official Si re of Notary Public Notary Seal o��lYPUe��o w commission # HH 113187 Expires AprU4,2025 at 9rFOFF��P earAedThN64dNOWYUNkN