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HomeMy WebLinkAbout01-19-2023 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES JANUARY 19, 2023 Call to Order — Chairman Alvarez called the meeting to order at 6:00 p.m. .1 H. Pledae of Alleaiance was recited by all. 06 C III. Roll Call C Present: C U Mr. Lucier Mr. Haddix (a) 5 E Ms. Kautenburg Ms. Battles d E Mr. Carter Ms. Kinchen S C Ms. Lorusso (a) Mr. Alvarez ca (, Also Present U C Ms. Lisa Frazier, AICP Ms. Dorri Bosworth, Community Development Manager �O Mr. Manny Anon, Jr., City Attorney Ms. Barbara Brooke -Reese, MIS Manager Ms. Janet Graham, Technical Writer IV. Announcements and Aoenda Modifications Mr. Alvarez extended the Commissioners' condolences to the family of their fellow commissioner and respected colleague, Mr. Bill Simmons, who passed away earlier this month. A memorial service and mass are being held tomorrow at St. Sebastian Catholic Church at 10:00 a.m. with a reception to follow. Mr. Alvarez also welcomed to the Commission two new alternate members, Mr. Dennis Haddix and Ms. Susan Lomsso. Mr. Haddix will be voting tonight in Mr. Simmons' vacant position. City Attorney Anon announced that he recently held training for City Council which was dealing with public records, the Sunshine Laws, and quasi-judicial hearings. If any of the Commissioners are interested, there are two options: (1) to go online under the Commission's section on the website along with all the packets that he had presented; (2) a Power Point presentation which was already videoed, 38 minutes long, and can be added to the agenda of a future meeting. c m O PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF JANUARY 19, 2023 V. ADDroval of Minutes: Regular meeting of October 6, 2022 All indicated they had reviewed the Minutes of October 6, 2022. Mr. Alvarez called for a motion. A motion approving the Minutes from October 6, 2022 as presented was made by Mr. Carter, seconded by Ms. Kinchen, and approved unanimously via voice vote. VI. Local Plannino Aaencv (LPA) Public Hearinas Mr. Alvarez closed the Planning and Zoning Commission meeting and opened up the Local Planning Agency Public Hearing. Mr. Anon stated this is an LPA recommendation to City Council -- Small Scale Comprehensive Plan Future Land Use Map Amendment -- Hess Subdivision, Applicant (Proposed Annexation) -- An amendment to the Comprehensive Plan Future Land Use Map for property containing 40.23 ACRES, more or less, located south of Sebastian River Landing, east of vacant property, west and north of single-family development. Existing County Land Use designation is R (Rural Residential), and the requested Sebastian land use is LDR (Low -Density Residential). Mr. Alvarez reviewed the rules that apply to this hearing and asked the staff to make their presentation. Ms. Frazier explained what is being presented tonight, a Comprehensive Plan Future Land Use Amendment request. This 40-acre piece has been brought before City Council requesting a voluntary annexation into our City. Thus, they are coming before this Commission to change their land use from County Rural Residential to the City's Low -Density Residential. She pointed out in the packet the Comprehensive Plan levels that are explained. Staff feels that it is compatible with the adjoining lots. The applicant has expressed that with these 40 acres they will be combining it with the adjacent 40 acres to the west and will be coming back to this Commission for a rezoning to the PUDR for a full 80-acre development. The applicant has supplied information regarding their legal access to this property from CR-510. She stated that staff support is a recommendation for approval for this land use change at the same time as the annexation occurs. Mr. Alvarez called on the applicant to make their presentation. Mr. Bill Pittsley with MBV Engineering, Vero Beach, Florida, identified himself. He had nothing to present other than if anyone had questions or concerns regarding this request. Mr. Carter asked why the applicant is doing the request in two steps. Mr. Pittsley stated it is because the western parcel is already in the City of Sebastian. The parcel being addressed tonight is still in the County. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF JANUARY 19, 2023 Ms. Kautenburg referred to the statement on Page 8 of the proposed Amendment where it states, "This site is intended to offer single-family attached residential homes and developed in conjunction with the adjacent parcel to offer single-family detached homes." She asked if the statement was correct. Mr. Pittsley stated yes, that these dwellings will be basically villas or duplexes which share a common wall. She opined that every new development that is proposed should have a higher density in order to provide more attainable housing in Sebastian. Ms. Frazier explained that when conceptual planning is addressed for PUDR, that will be the time to talk about clustering and the density that can be attained. Mr. Alvarez asked about ingress and egress for this development. Mr. Pittsley stated the main access is going to be 89" Street, which is currently in design with the County. Ms. Frazier added that at the comer of Blue Water Bay, which was never developed, there is an access from there, and the applicant has legal access to that road, which will provide a secondary access. Mr. Alvarez called for public input. There was none. At this point, Mr. Alvarez closed the Local Planning Agency hearing and called for a motion. A motion recommending approval of the Small -Scale Comprehensive Plan Future Land Use Map Amendment from County R to City LDR was made by Mr. Lucier and seconded by Ms. Kinchen. Roll Call Ms. Kinchen -- Yes Mr. Haddix (a) -- Yes Ms. Battles -- Yes Mr. Alvarez -- Yes Ms. Kautenburg -- Yes Mr. Carter -- Yes Mr. Lucier -- Yes Vote was 7-0 in favor, unanimous. Motion carries. VII. Plannina and Zonino Commission (PZC) Quasi -Judicial Hearings A. Quasi -Judicial Public Hearing — PZC -- Recommendation to City Council -- Special Use Permit -- Mr. Clean Car Wash -- 200 $ 203 Sebastian Boulevard — Community Redevelopment Area -- Triangle Overlay District — Commercial General (CG) Zoning District Mr. Alvarez asked all the Commissioners if they had had any ex parte communications regarding this matter. Ms. Kautenburg stated she did have conversations with the current owner of the land. Ms. Kinchen stated she also had communication with the owners in PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF JANUARY 19, 2023 the distant past. Everyone who was to testify was sworn in. Mr. Alvarez called on the applicant to make their presentation. Mary Solik, 121 South Orange Avenue, Suite 1500, Orlando, Florida introduced herself as legal counsel for Guggenheim Development Services, who is the applicant on this project. She stated she is presenting the Mister Clean project this evening for special use approval. She introduced those who accompanied her. She stated they may or may not speak depending on what questions are asked. Jessie Kent and Preston Miner are with Guggenheim; Teresa Curry is with Axis Infrastructure as the Project Engineer; Sean McGovern is with Mr. Clean Car Wash who is going to be the proposed tenant on this project. Guggenheim is the contract purchaser of the property, and the sellers, the Brognanos, and the broker and their attorney are all here as well. Ms. Solik reviewed her history of doing land -use work throughout the State of Florida. She reviewed her interpretation of some of the items set forth in the staff report. She reviewed the history of this property and suggested the benefits that this proposed project will bring to the City. She stated that this project is consistent with the Commercial General zoning on the property and the Mixed Use, future land use. She called on Mr. Sean McGovern who is with the Mister Clean project, and he will explain what the project is, and present examples of other car washes they have developed in other communities. He will also address the architectural style of the building. Mr. Sean McGovern introduced himself as the CEO of Carnett's Management Company, the parent company of Mr. Clean Car Wash, and described the history of the business and the product they offer. He showed photos that described examples of their buildings (SEE ATTACHED). He described how the water is processed and recycled. Ms. Solik addressed the subject of a market analysis, which she opined is not necessary. She also showed slides of maps on the monitor and described what is shown on the maps. She talked about the surrounding businesses and how the proposed project is compatible with those surrounding businesses. She reviewed differences with the staff report as written. Mr. Alvarez called on staff for their findings and analyses. Ms. Bosworth reviewed the process for applications such as these for the new members of the Commission and what items the Commission can consider relating to applications such as the one presented tonight. She also reviewed the history of the creation of the Triangle area and suggestions made in the past as to what would be acceptable in that area. She also reviewed the items that the Commission shall consider in making their recommendations that are contained in the staff report. She stated that staff recommends that the Commission PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF JANUARY 19, 2023 hold this hearing, consider the questions that staff has asked in the staff report, and make recommendations to City Council to either approve, approve with conditions, or deny. If the Commissioners deny, she will ask that the Commissioners state the reasons for denial for the record. Mr. Alvarez opened the floor to anyone wishing to speak or ask questions advocating approval. Jonathan Rhodeback, Dill, Evans and Rhodeback, 1565 US Highway 1, Sebastian, Florida. He represents the owners of the property that is at issue: Todd, William, and Dan Brognano, He is not speaking on behalf of the applicant tonight. He reviewed the history of his clients owning the property for approximately 20 years. The property has been for sale for that entire time. The project that is put before the Commission tonight is the only project that has been put forth. There have been other feelers put out for uses for this property, but the Brognanos did not bring those matters before the City. He reviewed the history of the Brognanos and their businesses here in Sebastian. He opined that this project is consistent with the Comprehensive Plan. It meets the requirements of the City's special use permit, and the overarching goal according to the Comprehensive Plan is vitality and redevelopment. He gave some background as to the condition of the property over the years. He described the entity that is proposing this project and the positive effects it will have on the City. He asked that the Commission approve referral of this application to City Council. There being no one else appearing in favor of the project, Mr. Alvarez called on anyone who wished to speak in opposition of the project. Bryson Arvanitis, Sebastian. He is the owner of the Purple Pelican Carwash. He is rebranding to Pelican Express. He has been planning to do this for approximately a year and a half. He described the business when he purchased it. He planned to renovate this site with new equipment, etc. He stated that when Dirty Dogs, which is about 500 feet south of his business, wanted to build an express tunnel he decided to do a site analysis. He provided copies of that site analysis to the Commissioners (SEE ATTACHED) and reviewed it. He also described the other carwashes in the area. At this point, Mr. Alvarez read a letter received from Gould, Cooksey and Fennell, the fine who represents Snapper Creek Enterprises, LLC, the owner of City Suds Car Wash (SEE ATTACHED) and sets forth their objections to the application being addressed at this meeting. Ronald Adamson, 564 Balboa Street, Sebastian, reviewed the history of his application for a business in the Triangle area in 1997. He had presented a conceptual drawing, and PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF JANUARY 19, 2023 City Council rejected it, saying that there will never be a car wash in the Triangle. He opined that at that time the City already had in mind what could go in on that property. Patti Baisley, 442 Briarcliff Circle, Ashbury Subdivision, directly behind where the proposed building is going to be located. She added that she is next to a grammar school, and she does not feel that the City needs another car wash or another Dollar Store or another auto parts store right next to the children attending that school. Georgeann McCloskey, 138 Briarcliff Circle, Ashbury Subdivision, Sebastian. She has been in Sebastian for 14 years and loves it. She addressed the impact on traffic if this project is completed and opined that it will make the intersection where the Ashbury residents enter and leave their development more congested. She asked that more thought be put into this application. Alan Baisley, 442 Briarcliff Circle, Sebastian. He opined that Sebastian does not need another car wash. The aesthetics will have a negative impact on the neighborhood. The runoff of water from the business will contain various chemicals. He added that it will have a negative impact on the Lagoon, which is a very sensitive environment. He suggested various other negative impacts. Mr. Alvarez called on the applicant to address items raised by the public. Mr. Sean McGovern spent considerable time addressing the pros and cons of the proposed project. Ms. Solik added to what Mr. McGovern discussed. Mr. Alvarez then called on the staff to summarize. Ms. Bosworth emphasized that only the use is being considered with this application. If the use is approved, then the applicant will have to meet the Code regarding parking, landscaping, stormwater, etc. as well as a traffic analysis. She read into the record from the staff report as to what considerations should be given in making the Commissioners' recommendation to City Council. The recommendation as stated in the Staff Report at Number 11 is as follows: Staff advised the Planning and Zoning Commission to review the staff report, exhibits, application submittal materials, and the detailed considerations. Per LDC, Section 54-2- 3.1(a)(2)d, the PZ Commission shall indicate whether, in their opinion, the proposed special use meets the above Finding of Facts. The PZ Commission shall then make a recommendation to City Council to: • Approve the Special Use Permit request • Approve the request with conditions PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF JANUARY 19, 2023 • Deny the request. Ms. Bosworth added that there is a concern with the number of vacuum stations and haw noise may be an issue, and staff has suggested that, as a condition of approval, the number of stations may be reduced. Staff feels that the rar wash is too similar in nature to vehicular service and maintenance and auto sales uses and that, therefore, it does not conform with the provisions of the Sebastian Boulevard Triangle District. If this application is approved, staff will ensure that it does meet all of the conditions of the Overlay District with regards to architecture, signage, landscaping, and site plan requirements. Staff feels that it is not consistent with the Code of Ordinances and the Comprehensive Plan. She asked that, when the commissioners make their motion, they address those items that they feel do or do not meet the criteria that are required by their recommendation. Mr. Alvarez called for a 5-minute recess. Upon return from the recess, all members were present. Mr. Alvarez called for deliberations by the Commissioners. Ms. Battles had several questions for the applicant and is aware of the concerns of the applicant as to the City staff procedures. She is also aware that the staff is very detailed in their reviews. She asked Ms. Bosworth if the staff has any history of other special use applications that have since been approved or denied in the Triangle District since the removal of vehicular uses wording was implemented. Ms. Bosworth said no. The Firehouse Garage was the impetus that had a previous council stating that this is not really what is wanted in the gateway to the downtown area. Sherwin-Williams and the O'Reilly business are considered retail stores, so they were included in the permitted uses for Commercial General. Ms. Battles then asked if it is fair to say that all of the uses that the applicant mentioned in its presentation would not have been special uses because they were either done before or are uses that were permitted. Ms. Bosworth agreed. She also stated that some of the uses that the applicant noted were not in the Triangle; they were in the Community Redevelopment Area but not in the Sebastian Triangle. Mr. McGovern then answered several other questions of Ms. Battles regarding this project. Ms. Curry and Ms. Solik also answered several questions. Ms. Battles recalled that the applicant had estimated that this car wash could handle up to 120 cars per hour, and she asked how many trips are being estimated. Mr. McGovern stated that this facility is designed to run between 120 and 150 cars an hour. However, that is not what they typically see. Typical is anywhere from 20 to 40 cars. Teresa Curry spoke on behalf of the applicant as to trip generations that are calculated. She estimated the number of cars during what hours and days of the week. Ms. Battles asked what is the number of trips that are anticipated for this business as well as what percentage of those are being PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF JANUARY 19, 2023 currently served, and they are now going to come to your car wash. Mr. McGovern said businesses typically generate additional customers because it's a product that is not currently available in many markets. Ms. Battles asked how the applicant would say their business is different from other car wash businesses. Mr. McGovern elaborated on how the proposed car wash is different from the car washes that are currently in Sebastian. Mr. McGovern described what services they provide, and they are provided quickly compared to others. Ms. Battles asked the applicant to explain specifically how the car wash complies with the Master Plan verbiage that says, "Concepts created within this plan will create a vibrant small-town neighborhood within this area that integrates well into the adjacent residential community." She said that is the part that she is having trouble with. Ms. Solik stated the property is commercially zoned, and this is more of a personal services business that will serve the residential community that surrounds it with a product that is not currently available. She pointed out that the O'Reilly Auto store does perform small repairs and services in the parking lot. Mr. Haddix addressed the aesthetics of a proposed car wash. How does a car wash aesthetically accomplish the goal of aesthetics of a mufti -use facility that caters to perhaps more options available than a single car wash. Ms. Solik said that the applicant will meet the architectural design guidelines of the district as was done on Sherwin-Williams and the O'Reilly auto store. Mr. Haddix spoke to the estimated number of cars that will be served, and it was estimated at 20 to 40 cars an hour. He asked where these numbers come from and what kind of population does this refer to. Mr. McGovern said it is based on historical data. Similar markets, similar traffic counts, similar residential density, similar competition. They do not look for properties that will not be of benefit to them. Mr. Haddix stated he also does not want to see more abandoned buildings in Sebastian. Ms. Lorusso had questions about the history of the Firehouse Garage, which Ms. Bosworth addressed. Ms. Lorusso is doubtful as to the need for another car wash, which Mr. McGovern addressed. Ms. Bosworth added that the issue of this being a single - purpose building is also a concern of staff. Ms. Lorusso stated she has been here for 20+years, and she has not seen one car wash very busy. She questioned where the applicant's figures came from, opining that Sebastian is going to support another car wash. Mr. McGovern said they are bringing a product to Sebastian that is not in your market right now. Ms. Bosworth stated staff supports free enterprise, but the concern is that, because of saturation there would be too many single -purpose buildings that would become empty if car washes go out of business. Ms. Battles asked if the applicant would speak to the single -purpose buildings. Ms. Solik asked if the concerns are for this building or the existing car washes. Ms. Battles said any of them. Ms. Solik described that the existing car washes are concrete block, bay —they are not enclosed buildings. They are easily demolished and the site made ready for a different product. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF JANUARY 19, 2023 Ms. Kautenburg stated she is conflicted regarding this project. She reviewed the purpose for this meeting. She was present for all of the discussions in the past regarding the Triangle. She does not see the need for another car wash. She opined that the only positive result of another car wash is that the City will have an increase in the tax base. She does not see anyone from the public speaking in favor of the car wash. She said the City needs to be careful about having abandoned buildings in the City. She stated the Commission needs to be cautious about going around the zoning in order to create something of the moment. She asked why install a product that can wash 120 cars an hour when the estimate is for only 20 to 40 cars an hour. Mr. McGovern said it is getting the job done more quickly and more efficiently and being a better steward of the water by setting the equipment up to move that quickly. Mr. Lucier asked about the size and position of the building on the property as well as noise from the business. Mr. McGovern addressed those questions. Ms. Kinchen thinks the proposed project is a positive for the City. She does have concerns about the number of additional car washes potentially coming to Sebastian, but she does not see this car wash as competition, as it is going to be totally different from the car washes presently in Sebastian. Mr. Alvarez asked about the number of employees as well as the water that will be needed. He is concerned about protecting the resources of the City. Mr. McGovern stated that professional car washes are a steward of water. Mr. Alvarez also questioned the number of employees that are proposed for the car wash. Mr. McGovern listed what the employees' jobs are. Ms. Bosworth responded to something that was brought up in the discussion of the Triangle about the development —that there really only has two businesses built out so far over all those years. She did state that the Triangle is varied still, and it is a condition of when it was added in the CRA, a lot of why those properties are in there. That is why there is this Master Plan. It was mentioned that the City's compound was 4.6 acres, which is one of the largest parcels. For consideration, now that the compound has been relocated, that property most likely will be up for redevelopment. All it is going to take is one development to get that Triangle going, and others will follow through. A lot of those properties east of the American Legion are residential areas with old mobile homes. They are slowly leaving that area, and there is vacant property there. So, the Triangle is still very open for redevelopment. For consideration, is the car wash going to be an impetus to bring future development into the Triangle or a deterrent? Is this going to push PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 10 MINUTES OF JANUARY 19, 2023 development such as townhouses in the Triangle as envisioned in the Master Plan, or cause them to shy away? She opines that that should be part of the consideration too now that the former public works property is going to be available for redevelopment. Ms. Battles, similar to what Ms. Kautenburg had stated, she also feels very conflicted. She is very much pro development, but she does not know if it is the right use in the right location. Ms. Z wad has used the single -serve tunnel in Vero Beach Mr. Alvarez clarified that he thinks the building is beautiful, and the applicant might have a great product, but the area is the sticking point for the City. He is concerned for the future of the City. Deliberation having been completed Mr. Alvarez called for a motion. A motion not to recommend to City Council the approval of a special use permit for Mr. Clean Car Wash, 200-203 Sebastian Boulevard, Community Redevelopment Area, Triangle Overlay District, Commercial General (CG) Zoning District was made by Mr. Carter and seconded by Ms. Battles. Roll Call Mr. Lucier— No Ms. Kinchen — No Mr. Alvarez — Yes Mr. Carter -- Yes Mr. Haddix — Yes Ms. Kautenburg — Yes Ms. Battles — Yes Vote was 5 ayes and 2 nays. Motion carries. Ms. Bosworth clarified that this was the recommendation to City Council, and it will be forwarded along with the Minutes to City Council. That meeting has been tentatively scheduled for February 22°. City Council will also have a public hearing for consideration, and then they will make the final decision. B. Quasi -Judicial Public Hearing — PZC — Recommendation to City Council -- Special Use Permit -- Take 5 Car Wash -- 1979 U.S. Highway #1 — Community Redevelopment Area — Riverfront Overlay District — Commercial Riverfront (CR) Zoning District Mr. Alvarez asked the Commissioners if they have had any ex parte communication PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 11 MINUTES OF JANUARY 19, 2023 regarding this proposed project. All indicated they had not. Everyone who was to testify was sworn in. Mr. Alvarez called on the applicant to make their presentation. Dale Renfroe with Driven Brands, and Jason Sheridan with Pennoni Associates identified themselves and presented a Power Point presentation of their project (SEE ATTACHED). Mr. Sheridan stated that he and Mr. Renfroe were here to ask for a special use permit for the proposed site just south of the Walmart Super Center along US1. On this site is an abandoned, vacant bank. It is a little over one acre in the center of the Commercial Riverfront Zoning District. It does front US1 which has about 22,600 vehicles a day on average. They will have a common easement with Walmart with direct access to US1. To the back adjacent to the stormwater pond there is also a common driveway to Jackson Street with northern access to US1. According to the trip generation table from the ITE manual, based on the bank with a 4,000 square foot building with a drive-thru, the applicant is reducing both peak traffic and weekday average. So the surrounding area can support the traffic that will be generated from the site. He reviewed the site illustrated on the map. The architectural design will be compliant with the Riverfront Overlay District requirements. He stated that the existing car washes in Sebastian are either self-service or in -bay. They are not set up to turn around the volume that the applicant is proposing. Mr. Renfroe stated that there is no doubt that this car wash is going to compete some with the other car washes. It is his job to find potential locations, and he looks at it as a rising regional trade area. The average cars per day for this business are 150 cars per day. Walmart does over 130,000 monthly visits. So it is less than 5% of the monthly visits that are already generated from Walmart that this business would attempt to get. He opined that the Take 5 Car Wash will not necessarily take a ton of the local business from the Purple Pelican business. He reviewed the projections for the monthly usage of this car wash. Mr. Sheridan reviewed what is considered when looking for site locations: ease of access, highly traveled streets and roads, and sufficient space. This would primarily be a location in the area near a Walmart or a commercial area like a strip mall. The most ideal location for a car wash is an area that is heavily traveled. The projected number of vehicles using this business is typically about 150 vehicles a day as a target. That is less than 1% of the daily travel on that road. So it would be 5,000 to 6,000 cars per month being washed, which is about 3-4% of the shoppers going to that Walmart per month. He stated that Driven Brands is a national company that has multiple auto companies underneath it, and does a significant amount of research in determining the most sustainable locations. This is a tunnel car wash. He added that there has been discussion about single -purpose buildings and said that about 65% of redevelopment is ground -up construction, and most PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 12 MINUTES OF JANUARY 19, 2023 of that is based on the location of the site. The location of the property is what is going to determine the value of that site. Mr. Alvarez called on staff for their presentation. Ms. Bosworth reviewed that this site is in a Community Redevelopment Area also. However, vehicle maintenance and services are allowed. Auto sales are not allowed in this zoning district, but the vehicular maintenance and service use is a conditional use in this CR zoning district. This site is in the US1 corridor, which is also planned out in the City's Master Plan. But it has a much different vision than the City has for the Triangle. So some of those concerns are not the same for this application. She gave a history of the site, the last business being a bank. After the bank discontinued its business, this site has been vacant for 10 years. She added that her department has had numerous calls from restaurants and other uses that would be amenable to use the building. She cannot speak regarding the owner on why none of those businesses went through. She pointed to the aerial map and emphasized that the site is right next to the Walmart site. The Walmart was built before the bank. At the time this bank was built, FOOT stated it is too close to the entrance of Walmart and would not give a driveway for this site. So negotiations were held with Walmart regarding going through their parking lot to get access to this site. The road behind this site as you go off of Jackson Street and turn is not a continuation of Jackson Street. it is a private drive owned by Walmart, and the large lake that Walmart has is not a master plan for these properties but their own stormwater. Walmart also has put use restrictions on the property —competing businesses. Walmart has a tire change and auto service, so there cannot be those businesses on this site. She named some of the other businesses that are contained in the Walmart Super Store that would not be allowed on this site. Staff asked Take 5 to contact Walmart to see if they would approve a car wash use on the site. Walmart said it would be allowed. She stated that the City's main concern is again the location of this particular car wash with regards to other car washes. There is an existing car wash approximately 1100 feet up the road from this site. Also, there are two properties north of the cemetery that are an enclave of the County. They have not been annexed in. Those properties are zoned Commercial Limited. Car washes are a permitted use on those properties. There is an application presently under site plan review within the County. She has included the first page of their review in the agenda packet. She opined that if they go through with that application, most likely that car wash will be there eventually. So we would have three car washes within 1100 feet of each other. The City is concerned that If one or more of those car washes goes out of business, there will be vacant buildings within the US1 corridor. The Commissioners should consider their thoughts regarding the proximity of this car wash to the other two across the road. Staff requests that the Commissioners also review the required findings of fact and conditions of approval and make a recommendation to City Council. Staff then requested the Staff Report and exhibits be entered officially into the PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 13 MINUTES OF JANUARY 19, 2023 record. Staff did not receive any formal letters for or against this application. Mr. Alvarez Staff did not receive any formal letters for or against this application. Mr. Alvarez called on the Commissioners for questions/comments on this matter. Ms. Battles pointed out the 150 trips per day that the applicant mentioned, and it was mentioned that a lot of those would be by Walmart customers using this business. She asked for a percentage of the 150 trips that would be otherwise served by existing car washes. Mr. Renfroe said 150 is the average brand -wide, but he does not have any other information to report. She also reviewed the three criteria that are taken into account when selecting a site, but there is nothing said relating to competition. She asked if that was not part of site selection. Mr. Renfroe stated that it would be great If there were no competitors, but he opined that the market still supports having another car wash, and he is comfortable moving forward. Mr. Sheridan stated that the aerial view of the site states that it meets all of the criteria for choosing a site. Ms. Lorusso asked if the applicant researched accidents in the area of the Jackson Street intersection. Also, she stated that one of the entrances to Walmart is very close to the entrance to the medical facility, and there have been a lot of near misses there. She asked if this site would be accessed from that road between the Murphy gas station and the bank. Mr. Sheridan answered yes, but the main driveway would be to the rear. Mr. Renfroe said they had to agree with Walmart to cut off the access on the side street. They are only going to have it from the back street, the one that connects to Jackson. Ms. Bosworth stated that the parties will eventually get into site plan issues. Although this was not put in the Staff Report, staff has concerns of only having that access there because it sends all of the traffic through the intersection at Jackson Street. Mr. Haddix referred to where on the aerial map it says, "Existing access drive Walmart agreement," and asked if that is a conditional ingress/egress for the applicant's facility or will that not be utilized. Mr. Renfroe said it will not be utilized. Mr. Sheridan stated that if someone were southbound on US1, they could utilize that, but it's not the primary driveway access. Ms. Kautenburg stated that when there are a number of opportunities, and a number of businesses offer a very similar product, human nature tells us we go to the ones that are on the side of the street we are driving on. She is certain that this business would have an impact on the other businesses, she opined that this business would also draw some business that would not visit a similar business on the other side of the road because it is not easy to turn around there. She is not comfortable for stepping around zoning for special uses. She opined that perhaps that is not the Commissioners' position at this point in time. She suggested that, if we are going to be inundated with car -wash requests, PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 14 MINUTES OF JANUARY 19, 2023 we probably should be dealing with exactly where they should go, and they should be mentioned in the City's zoning. Mr. Sheridan stated that this is not stepping around zoning, as it is a special use application, not a variance or relief that the applicant is asking for, or a prohibited use. Ms. Kinchen has concerns that the business will have only one ingress and egress on the property. If you are coming out of the gas station and want to go around that street to get to the traffic light, there is a large blind side there. She is worried that with all the traffic coming from a car wash in addition to everything coming out of Walmart and the gas station, it is going to make it worse. Mr. Sheridan said that would probably only be for the northbound traffic going to that light. If you were going southbound, you would probably exit to the north and use the existing driveway. He stated that, again, this is generating less trips than a bank. Ms. Kinchen's other concern is that there will be five car washes on US1 inclose proximity. At this point, Mr. Alvarez opened the floor for anyone who wishes to speak in favor of this project. Guy D'Amico identified himself as the listing broker and represents the seller of the property. He addressed the history of this site. The bank was in operation for approximately 10 years. The second owner was a doctor whose plans did not materialize. He explained that there were several entities who were interested in the property, and Walmart turned them all down. Walmart did not want any competition within what was considered their parking lot area that might take away from their business. Walmart, in placing the ability for use of their driveway because of the FDOT restriction when the bank building was originally built, to develop that property, the agreement was made with Walmart directly in order to utilize their access agreement through their property line. Walmart said no problem, but they would have to approve anything that goes there. The language comes down to no competition. The present owners have had a lot of interest, especially from a lot of the blight businesses that are seen on either side of US1, which basically are adult arcades that are everywhere. They were ultimately shut down. Since then, every entity who applied to purchase and use this property the owner has verbally turn down because they knew Walmart would turn them down. Presently, Walmart when presented with the idea of a car wash, liked the idea. He stated the applicant's business is one that is completely different from anything in the area. The proposed project is within the zoning and planning, and it does help with community development. Mr. Alvarez then called on anyone who wished to speak against the project PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 15 MINUTES OF JANUARY 19, 2023 Bryson Arvanitis stated that Dirty Dogs has changed their sign to state winter of 2023. So they are still active in this. We do not know what the County's position is. When and if Dirty Dogs comes in, there are going to be three express washes. He stated that his business is an express wash. He is presently expanding and putting in all brand new equipment, etc. Once the building is completed, it is going to be attractive. He stated they will be able to do 75 cars an hour with the new system, each taking four or five minutes. He stated that if Dirty Dogs comes in and this applicant comes in, there will be three of us 500 feet away from each other in a triangle. There being no one else who wished to speak, Mr. Alvarez Galled on the applicant to address issues raised by the staff or by the public. Mr. Sheridan noted again that both the Caliber and Purple Pelican Car Wash are on the northbound side, and, as mentioned earlier, the public are probably going to go in the direction of travel when getting their cars washed, and there are currently no car washes on the southbound side of US1. Regarding the population of 25,000 in Sebastian, their target area is a lot wider than that, especially with the amount of traffic on US1. Mr. Renfroe pointed out that the Dirty Dogs is still a proposed car wash. It is not a done deal, and he does not think considering it in that spot can be done. Mr. D'Amico emphasized that one of the issues the County is having is that the Dirty Dogs car wash backs up to a residential area. He opined that the Purple Pelican was grandfathered in. Now the County is looking at it differently, and the residents behind it may be fighting it. The signage initially advertised the Dirty Dogs business was to open in the fall of 2022, and now it is fall of 2023. Ms. Bosworth stated that she did not contact County staff to get updated on the Dirty Dogs application. She stated it is a permitted use in that CL district. They are going to apply the Roseland Corridor overlay district, which is very similar to Sebastian's. She did note that their comments regarding abutting the residential district were the same as Sebastian's —the requirement of additional opaque buffering. She added that the Purple Pelican was not grandfathered in. It also had to go through getting a special use permit. It was approved, and they actually raised their opaque buffer to eight feet in the back. So there were conditions put onto that, and it was approved. Mr. Alvarez called on the staff to summarize. Ms. Bosworth reviewed the questions that staff had brought up for consideration included explaining that vehicular maintenance and service is permitted in the Riverfront District. She read into the record a couple of questions that staff had for consideration: PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 16 MINUTES OF JANUARY 19, 2023 Was the proximity of the three car washes with their numerous vacuum stations and the amount of impervious area of the Walmart's parking area the vision for the US1 corridor? 2. Does the existing and proposed car wash competition for Sebastian's population pose a large enough risk that, if approved, the Take 5 Car Wash, Dirty Dogs, or even the Purple Pelican Car Wash would go out of business, and the commercial corridor may have two empty single -purpose buildings? 3. Does the proximity of the car washes within 1100 square feet of each other affect the welfare of the individual car washes, specifically the existing car wash, and does that affect the businesses around it negatively or positively when there are that many car washes in a cluster such as that? She added that, regarding the findings of fact, it was left up to the Commissioners to determine if it was detrimental to the public safety, health, and welfare and injurious to other properties; the use was consistent with the purpose and intent of the respected district. In this one, staff felt that it was, as it is a different corridor than the Triangle, and staff feels that it is consistent with the City's Comprehensive Plan. Staff had some recommended minor conditions that if the Commissioners approved the request that were offered for their consideration. It is not adjacent to residential. If it is approved by City Council and per the Commissioners' recommendation, staff will assure that it conforms to applicable requirements of the District through review of the site plan, and staff feels is consistent with the Comprehensive Plan. Mr. Alvarez called on the Commissioners for their commentstquestions. Ms. Battles stated again that she is conflicted with this application. She does think that in this case the application is different than the first in that it is not in the gateway corridor. It's in an area of the City that is General Commercial right next to Walmart, where you might expect to see a car wash. She is conflicted as to the short distances between all three car washes. She does not know if that is enough to turn down the application. Mr. Haddix asked if the bank property is locally owned. Ms. Bosworth stated that no, it was a national bank. It has been closed for 12-15 years. Mr. Haddix asked if staff is recommending the application be approved. Ms. Bosworth said no, staff is not making any specific recommendations. Staff is asking the Commissioners to consider it. She stated that staff has also concerns with the number of car washes in a cluster like that. Staff finds the use consistent with the Comprehensive Plan, but staff has concerns with PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 17 MINUTES OF JANUARY 19, 2023 the potential of empty and blighted sites if any of the car washes were to go out of business. Mr. Carter stated that all the Commissioners are charged with this evening is to make a recommendation whether this should be a special use permit, nothing else. Ms. Lorusso asked why all of a sudden these car washes want to be developed in this one particular area. She asked what is promulgating all these car washes. Mr. Sheridan stated he does not know the answer to that question, but there are a few other locations in the state that he is working on that are in clusters. Mr. D'Amico answered that Florida is the most desirable state that everyone wants to move to. Everything is regionalized for the most part, and now all these businesses are saying they want to be in Florida. Ms. Kautenburg stated she still feels conflicted about the subject of special use permits in general. She feels that there is probably market available on US1 and, because of the location on US1, you will draw from other communities, not just Sebastian. The derelict buildings do not bother her quite as much. Mr. Lucier does not believe we need to be worried about how many car washes are on a particular street. Businesses will take care of themselves. Unfortunately, from those who already have a car wash, he feels bad. But the applicant has a right to put a car wash in a particular spot that will work pretty well in his opinion. Ms. Kinchen noted Sebastian made the top 10 places to retire for snowbirds. Mr. Alvarez asked how many employees this business will have. Mr. Renfroe estimated 9 to 12. Mr. Sheridan said 3 to 5 people there all the time. Mr. Alvarez does not see that. His next concern is the water. People are concerned about the water source in this county. Mr. Sheridan said regarding the water, there are going to be between three and four 1500-gallon tanks, and 60% and 80% of the water used in each wash is reclaimed water. Before it is discharged into the public system it goes through a 2500- gallon sand rinse separator. It is also going to be another revenue source for the water company. There being no other discussion, Mr. Alvarez called for a motion to approve, approve with conditions, or deny the application. A motion to recommend approval to City Council with the conditions that staff has outlined in its report was made by Ms. Battles and seconded by Mr. Lucier. Roll Call PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 18 Ms. Battles -- Yes Mr. Haddix -- No Mr. Lucier -- Yes Mr. Carter -- NO Mr. Alvarez — No Ms. Kautenburg -- Yes Ms. Kinchen — No Vote was 3 ayes and 4 nays. Motion fails. Mr. Alvarez called for another motion. A motion that the Commissioners do not make a recommendation to City Council to approve a special use permit for Take 5 Car Wash at 1979 US Highway 1 in the Community Redevelopment Area of the Riverfront Overlay District was made by Mr. Carter and seconded by Mr. Alvarez. Roll Call Ms. Battles — No Ms. Kautenburg — No Mr. Lucier -- No Mr. Haddix — Yes Mr. Carter — Yes Mr. Alvarez — Yes Ms. Kinchen — Yes Vote was 4 ayes and 3 nays. Motion carries Ms. Bosworth stated this will be scheduled for City Council to make the final decision on February 22m. The same materials that were provided and the Power Point presentation and Minutes of the meeting will go to City Council for their consideration. Vill. Unfinished Business — None IX. New Business — Election of Chairperson and Vice Chairperson Mr. Alvarez opened the floor for nominations. Mr. Carter nominated Ms. Kautenburg for Chairperson. Ms. Kinchen seconded that nomination. Ms. Kautenburg accepted the nomination. There being no other nominations, Ms. Kautenburg was named Chairperson via unanimous vote. For Vice Chairperson, Ms. Kinchen nominated Mr. Carter, who declined. Mr. Carter nominated Mr. Alvarez for Vice Chairperson. Mr. Alvarez accepted the nomination. There being no other nominations, Mr. Alvarez was named Vice Chairperson via unanimous vote. X. Adioumment PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 19 MINUTES OF JANUARY 19, 2023 There being no further business, Chairman Alvarez adjourned the meeting at 9:20 p.m. Al j9 Date: