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HomeMy WebLinkAbout09-15-2022 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES SEPTEMBER 15, 2022 I. Call to Order -- Vice Chair Kautenburg called the meeting to order at 6:00 p.m� a II. Pledge of Alleaiance was recited by all. Ill. Roll Call (n C Present: C •o at C.N O Mr. Lucier Mr.Christino(a) Fp Mr. Simmons Ms. Battles Ms. Kautenburg Ms. Kinchen < O a c Mr. Carter Ms. Jordan (a) z ca Not Present: m m Cl > > 0 0 Mr. Alvarez — Excused � O n n c 4 Q (A Also Present Ms. Lisa Frazier, Director AICP Mr. Manny Anon, Jr., City Attorney Mr. Paul Carlisle, City Manager Ms. Dom Bosworth, Community Development Manager Ms. Barbara Brooke -Reese, MIS Manager Ms. Janet Graham, Recording Secretary IV. Announcements and Aoenda Modifications Ms. Kautenburg stated that Mr. Alvarez is excused from tonight's meeting, and Ms. Jordan will be voting in his place. V. ADoroval of Minutes -- Reaular Meelina of September 1. 2022 Ms. Kautenburg asked if everyone had had a chance to review the Minutes from September 1,2022. All indicated they had. Ms. Kautenburg called for a motion. A motion approving the Minutes from September 1,2022 as presented was made by Ms. Kinchen, seconded by Mr. Carter, and approved unanimously via voice vote. M. Local PI annino Aoencv (LPA) Public Hearings PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 2 AGENCY MINUTES OF SEPTEMBER 15, 2022 Ms. Kautenburg outlined the rules for this meeting. She then opened the Local Planning Agency public hearing. Mr. Anon read the item into the record. A. Public Hearing -- Recommendation to City Council -- Small Scale Comprehensive Plan Future Land Use Map Amendment -- Man Caves @Sebastian, Applicant (Proposed Annexation) -- An amendment to the Comprehensive Plan Future Land Use Map for property containing 4.56 acres located south and east of Spirit of Sebastian PUD, west of Old Dixie Highway and FEC right-of-way, and north of multiple family residential development. Existing county land use designation is L-2 (low -density residential) and the requested Sebastian land use is CG (General Commercial) Ms. Kautenburg called on the applicant to make its presentation. Mr. Herb Green of Cadjazz Engineering, Kissimmee, Florida, stated he is here to request a small-scale comprehensive plan amendment to allow the applicant to rezone from the current L-2, which is a County designation, to the CG designation for the desired use of creating man caves and a self -storage facility on the site as set forth above. He explained that everything that is going to be generated as far as level of service is some equipment with minimal impact to the City of Sebastian in terms of the total levels of service available. He is requesting approval of this item and asked for questions/comments. Ms. Kautenburg asked for presentation from City staff. Lisa Frazier identified herself and described the request for a 4.56-acre parcel that has been requested to be annexed into the City. Concurrently, the applicant would like to change the land use, and later on this evening the Commissioners will also be considering the rezoning of this property. Currently, it lies within the County as L-2 (low -density residential). They are asking that it be changed to CG (general commercial). She described the adjacent properties and their land use designations. Staff feels that this is a compatible change in use due to the change that has occurred along Old Dixie Highway. Old Dixie has always been more of an industrial area. Regarding adequate public facilities, water and sewer have been brought down Old Dixie Highway, and the applicant is well aware that they will have to connect, and there is a letter in the agenda packet to that effect. Included also in the packet is a conceptual plan of these storage units. Under the zoning they are requesting, this is a conditional use, and they will have to meet certain additional criteria in order to put storage units on this site. She called for questions/comments after public input. PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 3 AGENCY MINUTES OF SEPTEMBER 15, 2022 Ms. Kautenburg opened the floor to public input, and she called on anyone who wished to speak in opposition to this proposal. There was no one either in chambers or on Zoom. She then called for anyone who wished to speak in favor of this proposal. Robert Votaw, Sebastian, Florida. He stated that he is representing the adjacent Spirit of Sebastian project. He stated his group is absolutely in favor of this proposed project. He stated that they would like to see some buffer restrictions a little larger than the 10 feet that has been proposed and possibly doing a chain -link fence instead of a white vinyl fence for security. Otherwise, they are very much in favor of the project. There being no one else to speak in favor of the project, either in chambers or on Zoom, Ms. Kautenburg called for staffs summary. Ms. Frazier stated that she believes that the Commissioners have all of the information that is required, and she will answer any questions. Ms. Kautenburg closed public comment at this point. She called on the Commissioners for any questions or comments. Mr. Christino asked how many storage units will be located on the property. His concern is that the southern section of Old Dixie Highway is unimproved, and there will also be a lot more train traffic there, and he asked if there is a safety concern. Ms. Frazier said that staff does not feel that there will be a large amount of traffic. However, staff has anticipated that the road right-of-way will probably need to be widened . That is part of the site development or annexation that will be considered requiring a portion of the right- of -way to be deeded. Ms. Battles asked whether water and wastewater are available. Ms. Frazier said yes. Ms. Kautenburg asked if this Commission is to address the zoning change as well as the annexation. Ms. Frazier stated this Commission does not address any type of annexation. Annexation is through the Florida statutes, and this Commission is only considering future land use. Later on this evening the Commission members will be addressing the zoning. There being no further discussion, Ms. Kautenburg called for a motion. On staffs recommendation and the fact that this meets the City's land development changes from County L-2 to City CG, a motion recommending approval to City Council was made by Ms. Kinchen and seconded by Mr. Simmons. PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 4 AGENCY MINUTES OF MEETING OF SEPTEMBER 15, 2022 Roll Call Ms. Battles -- Yes Mr. Carter -- Yes Mr. Lucier -- Yes Ms. Kinchen -- Yes Ms. Jordan --Yes Ms. Kautenburg --Yes Ms. Simmons — Yes Vote was 7.0 in favor. Motion passes. B. Public Hearing — Recommendation to City Council -- Large Scale Comprehensive Plan Future Land Use Map Amendment — Graves Brothers Company, Applicant (Proposed Annexation) -- an amendment to the Comprehensive Plan Future Land Use Map for Property consisting of 1913.593 acres, more or less, located south of County Road 510, west of lands adjacent to 70 Avenue, north of 59" Street, and east of 90" Avenue. Current County future land use is AG- 1 (agricultural, 1 unit per 5 acres). The requested City land use is MU (mixed -use). Mr. Anon read the item into the record. Ms. Kaulenburg asked for input from the applicant. Ms. Frazier said Mr. Joseph Schulke, with Schulke, Bittle & Stoddard is here to answer questions. Ms. Frazier made a Power Point presentation (SEE ATTACHED). She went through the Power Point and explained the slides which showed several maps, talked about the boundaries, and discussed that the property would remain A-1 (agricultural) zoning at this time. She then called questions/comments . Ms. Kaulenburg called on anyone in Chambers or on Zoom who wishes to speak in opposition to this project. George Glenn, Jr., Sebastian, FI. Mr. Glenn identified himself as an attorney in Indian River, and he is also on the Board of the Pelican Island Audubon Society, a legal advisor to the Clean Water Coalition, and he works with some other environmental groups. His group proposed some time ago that the City of Sebastian engage with a consultant to come up with a new plan that is site specific that would bring groups together -- concerned citizens, organizations, local governments, etc. -- and it would then make a proposal based on those inputs. It was rejected. He staled that Martin County did it, and Alachua County is doing it currently for 4,000 acres. He staled that, in reading the staff report, it seems to rely heavily on the notion that it is likely going to PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 5 AGENCY MINUTES OF SEPTEMBER 15, 2022 come in through a PUD, and he discussed what is involved with a PUD. He also addressed the agriculture land use category that is in the City's comp plan, which reads in part that, 'The City shall also utilize the agriculture land use designation for future annexations of existing agricultural land." "It is supposed to receive an agriculture land use designation until such time that urban growth is contiguous, and agricultural activities are no longer economically viable." He stated that those are two findings that the City needs to make. He mentioned some of the other concerns his group has such as the open spaces, etc. He asked if anyone knows how many units will be contained in this project. He also called for a traffic impact study to be done. He made several suggestions as to what should be included in the project. He said his group wants Sebastian to grow, but the growth should be done correctly. Richard Baker identified himself as President of the Pelican Island Audubon Society. He spoke on the needs of the environment. He suggested that his group is neither for nor against the project; they just want it done correctly. He reviewed several actions that should be taken regarding the environment when developments are planned and constructed. Tim Glover, President of the Friends of St. Sebastian River. He reviewed that his group was a party to a letter that was sent to Sebastian City Council a few months ago. They recommended to City Council that they engage a consultant for planning and development for this project. He is asking that the Commission would also consider that as a recommendation to City Council. Diana Bolton, Sebastian. She reviewed that she has lived in Sebastian many years. She has been in partnership with developers. She stated that she is in favor of development if it is done correctly. She is also involved with several conservation groups. She called attention to some of the maps that were included in the Power Point presentation and had questions regarding what those maps show. She reviewed numbers that show what the number of residents would be when the development is completed, and she is against that many new residents. Some of her other concerns are the headwaters of St. Sebastian River and wildlife corridors,which are not mentioned at all. Dr.Graham Cox (on Zoom), Sebastian. He wanted to underline some of the things that were said by prior speakers. He stated this is a very big, complex issue that needs some real expertise to steer it through to fruition. He thinks that this project should not be rushed. He also recommended having an annexation agreement developed. There is a plan needed, and having mixed use in general terms is not a plan. No one knows how many people will be living in this area, and the County needs to know that. PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 6 AGENCY MINUTES OF SEPTEMBER 15, 2022 Ms. Kautenburg called on anyone in chambers or on Zoom who wishes to speak in favor of this development. Joseph Schulke of Schulke, Bittle & Stoddard. He stated that he prepared the application. He stated that the annexation is not being considered tonight. He is not asking for any services tonight. He stated that they will be doing an annexation agreement and working that out with City staff and City Council. That is the appropriate time when any limitations or what the City needs should be addressed. It is a little premature to be talking about some of those things right now. He spoke about water and sewer and how that will be addressed when the time comes. He is a resident of Sebastian, and he thinks this project is a great idea. There being no one else from the public who wished to speak, Ms. Kautenburg called for staff summary. Ms. Frazier thanked all of the public who gave their input for the project. She assured the Commission that staff and consultants are taking their time to think about this, and there are many meetings being held in regard to this project. She also said staff is considering putting in an annexation agreement -items that will benefit the City, and that will be brought forward. She added that the Commission may put forth their own recommendations tonight. She called for questions/comments from the Commission members. There being no further questions/comments to the staff from the Commissioners, Ms. Kautenburg closed Public Input and called for deliberations from the Commissioners. Mr. Christino spoke regarding the 43 acres that were originally put aside to protect the south slough. He feels that is an ecologically sensitive area. He would like to have that put back in when proceeding with the plans for this project. Mr. Carlisle, City Manager, stated that all those things will be discussed. He stated that buffers, wetlands, etc. are all addressed as part of the ordinance, whether it is in an annexation or not -it is in the enacting ordinance. Ms. Frazier added that everyone needs to understand mixed use. When you have someone stating that there are going to be 10,000 residential units that is not mixed use. Staff and consultants are going to make sure that in any agreement it will be pertaining to a mixed -use, town -center type of development. Mr. Christino stated that there seems to be some confusion over control of storm water in the area of the Sebastian River Improvement District. He asked if it will continue to operate, or will the City of Sebastian be responsible for maintaining canals and swales in that area. Mr. Carlisle said that Vero Beach has an underlying water management district within it. Those water management districts are established by the State -either by sections 198 or 298. Those do not go away. PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 7 AGENCY MINUTES OF SEPTEMBER 15, 2022 When we get into roadways, infrastructure and swales, that is if it is a private community, they would manage it; if it were a public community, the City would manage it. The major infrastructure, canals, drains, and conveyances currently today would be managed by the Sebastian River Improvement District. That is why the stormwater fee, currently, for this land is only the administrative portion, because the City is not providing any services. Mr. Christino asked, when this is done on land that is controlled by the Sebastian River Improvement District, will the City of Sebastian be paying for those improvements down the road. Mr. Carlisle said no one knows what the drainage plan is going to look like, and we do not know how each individual pod will be developed. That will be addressed during the zoning process and the development process. Ms. Battles addressed the magnitude of the increase in density, and she asked if there was a comparison done to quantify the amount of utility demand increase, and has that been communicated with County utility staff, and what communications have happened between the applicant and County staff. Ms. Frazier stated that it shows on Attachment A that there is enough capacity for any type of development that might be present. The concern by the County is that when a development order is put in, that is when the capacity license comes into play, and you set it aside for that wastewater, etc. Their concern is what is the density going to be at this property and what is the usage. That is not in play at this point because there is no development design. They have enough capacity today, and it is not allocated to any particular development. No one else has claimed this usage. Ms. Battles asked if anyone has compared what the maximum would be given the densities that are approved. Ms. Frazier stated there is no definite number. Some of these concerns will not be addressed until later. Ms. Battles addressed the land -use changes of the property and the mixed use and asked if there have been any community outreach meetings. Ms. Frazier stated that there have been two workshops, and multiple public hearings were held before the land use and annexation. Ms. Battles asked what is generating the reason behind not having the applicant come forward with a conceptual plan at this point. Ms. Frazier said it was done prior, and it was not successful. So the applicant has not presented us with a plan. When the applicant wants to move forward with the rezoning or development plan that is when we get the master plan. The examples being given of the County's master plan -they already have the land use in place. The master plans and development entitlements are happening at the zoning and development -plan stage, which is what the City requires also. PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 8 AGENCY MINUTES OF SEPTEMBER 15, 2022 She suggested that before we can do a master plan that is always market driven. Mr. Carlisle stated that when you get to a point where you start putting land uses and zoning in an annexation agreement, you could run afoul with contract zoning, which is completely forbidden in the State of Florida. So you have to be careful where you cross that line between regulation and contract zoning. There are ways that we have to word this annexation agreement and the land use. A lot of those are covered in our ordinance. Ms. Battles inquired as to what safeguards are there in place if the City moves forward with the land -use change. She asked Mr. Carlisle to elaborate on that. Mr. Carlisle explained that this is an enacting ordinance. It is for mixed use. This is something that we can use. It has all of those layouts that Ms. Frazier explained. Ms. Battles asked if the impact to the school district has been looked at. Ms. Frazier stated that would come during zoning. Mr. Carlisle added that with any development the school board is autonomous, and they determine when a school is needed. Ms. Kinchen emphasized that the only thing that is being discussed this evening is agricultural to mixed use being recommended to City Council. She added that there were some concerns that she heard from some of the audience that some items are not being looked at. Part of those concerns related to water, etc. She would like to know what other concerns there are. Mr. Carlisle explained some of the history of the water on this property. St. John's River Water Management District would not concede that, once they flooded it they would not guarantee that they would not then call it a wetland. So they did not want to go forward with the project and then be penalized for cleaning up the water and then have the land designated as a wetland. Mr. Simmons said that it seems that only affordable housing will be allowed in the 12- units -per -acre. He asked if that is the only use. Ms. Frazier explained that it will be 10 units per acre is what is being permitted in the multi -family areas. However, with incentives that can go up to 12. She further explained that typically for attainable housing the unit size seems to be denser, and the unit area itself needs to be smaller. She emphasized that it can be used for more than attainable housing. Mr. Simmons asked regarding the other acreage that had been annexed for Graves Brothers a couple of years ago, would they go through the same process if they changed that to mixed use. Ms. Frazier said that property is general commercial as the land use. PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 9 AGENCY MINUTES OF SEPTEMBER 15, 2022 Ms. Battles asked if staff plans to have more community outreach meetings as you work through this process and is there community involvement in that process. Ms. Frazier suggested that there has already been community input through the workshops and the public meetings that pretty much the annexation agreement will be between theCouncil and the landowner. Mr. Carlisle stated that it would be a Council decision if they wanted to add more workshops. Ms. Kautenburg assured the public that this is not the first time these matters have been processed. The new comp plan is something that took more than a year to do. She stated that this comes very close to everything that the comp plan calls for. She also assured the public that each chunk of the land that gets developed comes before Planning and Zoning and the City staff, and every part of the development must go through the water run-off, buffers, permission from St. John's, making sure that it meets all of the ordinances. Each one of those meetings is also open to the public. She always wishes that there were more people who were coming to those meetings and asking their questions and having them answered directly as opposed to hearsay. There being no further discussion, Ms. Kautenburg called for a motion. A motion recommending to City Council approval of the land use change from County A- 1 to City MU based on the fact that it meets the requirements of the City of Sebastian Comprehensive Plan 2040 was made by Ms. Kinchen, seconded by Ms. Battles with the condition that the applicant come forward with a conceptual plan. Ms. Frazier presented conditions that the Commission put on the last Grave's Brothers future land -use amendment, and recommended that the conditions be added to the Commission's recommendation for approval. Ms. Kinchen did not agree to the addition of the conceptual plan being added to the motion. Discussion was held regarding the previous conditions, and Ms. Battles withdrew her addition. The following wording is to be added to the motion: • Rezoning of the property shall be done through a Planned Unit Development process as described in Article XX of the Land Development Code. • Housing types shall be mixed to meet various income levels and lifestyle choices. - Future dedication of ROW for an interconnected, extended and improvement of the grid road system, along with a well -planned transportation system of roads and streets throughout the development, in coordination with Indian River County, to specifically include 8V' Street, 77`h Street, and 73rd Street, as well as 70 Avenue. PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 10 AGENCY MINUTES OF SEPTEMBER 15, 2022 - Provision for a mixed -use "Town Center" area. Future dedication and donation of institutional lands necessary for governmental services such as post offices, public safety, schools, etc. that may be needed for increases in necessary services. Strategic assembly of commerce and industrial development at major intersections. Future dedication of conservation lands to include any wetlands of significant importance, and the provision of greenway trails and public access to those areas. - Dedication of City park and recreational lands above what will be required in the individual residential subdivision developments. - Increased buffers adjacent to low density areas outside of the PUD area. - As a condition of future developments, sufficient land area shall be allocated for infrastructure required to support the development and mandate hook-up to central potable water and wastewater systems for all new developments prior to receiving development orders. Therefore, the proposed development must provide sewer and water service as a condition of development. These services may be provided by the County however no septic systems would be allowed in accordance with City policy and land development codes. Roll Call Ms. Jordan -- Yes Ms. Kinchen --Yes Mr. Lucier -- Yes Mr. Carter -- Yes Ms. Battles -- Yes Ms. Kautenburg -- Yes Mr. Simmons -- Yes Vote was 7-0 in favor . Motion passes. A. P&Z Quasi -Judicial Hearing — Recommendation to City Council — Land Development Code Rezoning Amendment for a specific site - Man Caves @Sebastian, Applicant (Proposed Annexation) —An amendment to the Zoning Map for property containing 4.56 acres located south and east of Spirit of Sebastian PUD, west of Old Dixie Highway and FEC right-of-way, and north of multiple family residential development, the existing County zoning is RM-6 (multiple -family residential district, 6 units/acre), and the requested Sebastian zoning is CG (Commercial General) PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 11 AGENCY MINUTES OF SEPTEMBER 15, 2022 Mr. Anon read the article into the record. Ms. Kautenburg asked if any member of the Commission has had communication with the applicant. All stated they had not. Those who were going to testify in this matter were sworn in. Ms. Kautenburg called on the applicant to make his presentation. Mr. Herb Green of Cadjazz Engineering, Kissimmee, Florida, identified himself. He is requesting a positive recommendation for a rezoning from the current zoning to CG upon the voluntary annexation that the applicant has requested. He gave a brief summary of the genesis of the project. The most efficient size in terms of acreage for the project is four acres. This property is surrounded by CG to the north. His group has corresponded with Indian River County and understands the requirements for the right- of-way . Applicant has consented to the right-of-way improvement that is required along the frontage of the project. He called for questions/comments. Ms. Kautenburg called on staff for their findings and analysis. Ms. Frazier reviewed that this is a request for a rezoning from County RM-6 to CG. She described the size and location of the project. The zoning is appropriate for that use (mini storage), but it is a conditional use under that zoning. So they will have to meet specific criteria for approval when they come in with a site plan development. They have provided a conceptual design, but that is not what is being approved. It is only the zoning at this juncture. The design will have to come in again. Staff feels that there is a change in conditions occurring along that corridor, so this is an appropriate change and appropriate use should this property be successful in being annexed into the City. Ms. Frazier suggested that certain conditions be placed on this zoning recommendation should the Commission choose to move forward -that we honor the Spirit of Sebastian and the mobile home park to the south and make sure that the appropriate buffering and security fencing measures be taken in the site plan process, as well as the right-of-way dedication for the improvement of Old Dixie Highway be included also in the site plan approval process. Ms. Kautenburg called on the Commissioners for questions/oomments. Mr. Carter asked how big the individual units are going to be. Mr. Green stated the typical size of this type of unit varies. It could range from 15 feet wide by 30-40 feet deep up to 25 to 55. It is going to be a mix of self -storage component and also the mancave component. The mancaves are typically used for and have been successful in attracting work/storage spaces for carpenters, plumbers, etc. who can put their supplies, etc. in these units as well as having a small office space so that they can go inside and work also. Some people use them as garages and places to store hobby items, etc. The units will be air conditioned as well. PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 12 AGENCY MINUTES OF SEPTEMBER 15, 2022 Mr. Christino asked if these units are going to be sold. Mr. Green stated that has not yet been decided. In other projects like this people actually own the units. It depends on what the local codes are. He agreed with Ms. Frazier that the current conceptual plan is just to show what may be the layout. Mr. Christino is also concerned about large vehicles being used in that area and how that will affect the roads. Mr. Green reviewed that every street is designed for tractor -trailers, so anything less than 80,000 pounds on an axle is simple as far as the roadway is concerned. Ms. Battles asked regarding the units being air conditioned. She asked if each man cave will have separate utilities. Mr. Green said that will depend, but now there is water and sewer available. The applicant will discuss that with staff in terms of defining the site plan. Ms. Frazier emphasized that this is not living space. Mr. Green stated that the applicant will adhere to the criteria that are stated in the zoning and the land development code. There being no one present in chambers or on Zoom who wished to speak in favor of or against this project, and nothing further from staff or the Commission members, Ms. Kautenburg called for a motion. A motion recommending approval of the rezoning request was made by Ms. Battles and seconded by Ms. Kinchen, who stated that the motion should include the Spirit of Sebastian's request for additional buffering and the right-of-way request for widening of Old Dixie Highway for future use, and use of additional fencing as security measures. Roll Call Ms. Battles -- Yes Mr. Carter -- Yes Mr. Lucier -- Yes Mr. Simmons — Yes Ms. Jordan — Yes Ms. Kautenburg — Yes Ms. Kinchen -- Yes Vote was 7-0 in favor. Motion passes. PLANNING AND ZONING COMMISSION/LOCAL PLANNING PAGE 13 AGENCY MINUTES OF SEPTEMBER 15, 2022 VIII. Unfinished Business: — None IX. New Business -- None X. Adjourn There being no further business, Vice Chair Kautenburg adjourned the meeting at 507 p.m. Date: is