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HomeMy WebLinkAbout05-04-2023 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES MAY 4, 2023 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 IL Pledae of Alleaiance was recited by all. III. Roll Call Present: Ms. Matthews (a) Mr. Haddix Ms. Kautenburg Ms. Battles Mr. Carter Ms. Kinchen Ms. Lorusso Not Present Mr. Lucier -- Excused Ms. Geesey (a) -- Excused Also Present Ms. Lisa Frazier, Community Development Director Ms. Dorri Bosworth, Community Development Manager Mr. Andrew Mai, City Attorney via Zoom Mr. Joseph Perez, AV Technical Assistant Ms. Janet Graham, Technical Writer IV. Announcements and Aaenda Modifications .o CY) C C U) C �U) �E . E tv Ms. Kautenburg announced that Mr. Lucier is excused from tonight's meeting, and he has tendered his resignation effective today. She thanked him for his service to the community and the many volunteer hours he served in the community, wishing him the best in the future. She stated that alternate member, Ms. Geesey, is also excused from tonight's meeting, and Ms. Matthews (a) will be voting in Mr. Lucier's place this evening. V. Approval of Minutes: Regular meeting of April 20, 2023 All having had an opportunity to review the Minutes of April 20, 2023, Ms. Kautenburg called for a motion. A motion to approve the Minutes as presented from April 20, 2023 was made by Mr. Carter, seconded by Ms. Kinchen, and approved unanimously via voice vote. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF MAY 412023 VI. Quasi -Judicial and Public Hearinqs A. Public Hearing -- Recommendation to City Council -- Rezoning Amendment for a specific site -- Sebastian Oaks, LLC, Louisiana Avenue — Sebastian Oaks, LLC, Applicant -- Section 6, Township 31 South, Range 39 East. Subject parcels are 15.75 Acres, More or Less -- Request is for a change from RM-8 Medium Density Multi -Family Residential to RM-10 Medium Density Multi - Family Residential. (Staff Report, Exhibit A, Exhibit B, Letter of Opposition) Mr. Mai read the item into the record. Ms. Kautenburg explained to all the process for this agenda item and called on the Commissioners to reveal if they have had any ex parte communications regarding this item. All indicated they had not. Ms. Kautenburg called on Mr. Mai to swear in all who would be presenting factual information. All who would be presenting factual information were then sworn in. Ms. Kautenburg called on the applicant or his agent to make their presentation regarding this request. Jonathan Barkett, Attorney for the Applicant, introduced himself. He stated that Sean Greene, Engineer for the project, is also present this evening. He reviewed that this site is already zoned RM-8 and has been for years. The applicant is applying to change this to the new RM-10 designation. He stated that it is important to note that whether or not this amendment is granted, the area will be developed as multi -family residential. He understands from reviewing the staff report that traffic is going to be a topic of discussion. His client is happy to address these concerns at the site planning level at the proper time. He emphasized that tonight is just the rezoning from RM-8 to RM-10. The engineers did provide a traffic study that shows that the road will meet the adoptive level of service and the standards of the City of Sebastian. The proposed amendment is otherwise in compliance with the policies of the City as well. He offered to answer any questions about the project. Ms. Kautenburg called on the Commissioners for questions/comments. Mr. Carter asked for a clarification. He asked that, by changing the zoning, 30 more units will be allowed. Mr. Barkett said it will be 18 more units. Ms. Kautenburg then called for staff presentation. Ms. Frazier stated this hearing this evening is for a Rezoning Amendment request for a specific site -- Sebastian Oaks LLC on Louisiana Avenue. She stated that the applicant is requesting a change from RM-8, which allows 8 units per acre, to RM-10, which allows 10 units per acre. Staff included the RM-10 zoning district ordinance PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF MAY 4, 2023 for the Commissioners' review. She reviewed that, as part of the City's Comprehensive Plan update it became apparent for the City to try and attempt to address some of the attainable housing needs throughout the country. The City established another zoning district with a little bit higher density and smaller units. It is very compatible with the City is existing RM-8 already existing townhome code. In that same ordinance some of the parking requirements were reduced that staff had found to really not be necessary in certain developments which created more impervious area and stormwater runoff that everyone is trying to reduce. That was the reasoning behind the RM-10 zoning district. The applicant, knowing that this was coming forward, requested that staff wait on their site plan review, which they submitted back in 2021, and stated that they would wait until this new zoning district comes into being in order to apply for it. They can get up to 157 units from the 126 units that they currently have. However, they are only proposing to add 18 units. Ms. Frazier stated that staff, during their review of the 2021 plan, were very concerned with access and traffic. That has been relayed to the applicant, and they are very much aware of it. That is why in this evening's packet staff did include their traffic analysis for Louisiana and the surrounding corridors that would be impacted or used. Ms. Frazier reviewed the history of the zoning for this area. She added that, regardless of the decision that is made this evening, this area will be developed with the medium density residential allocation as has been stated this evening by the applicant. She reviewed the items that shall be taken into consideration when the Commissioners consider a rezoning of a property. It must be consistent with the Comprehensive Plan of the City. Staff has outlined where they feel it is in line with the Comprehensive Plan or where it may not be. Staff feels that this zoning change is compatible with the land use and in conformance with the ordinances, and it is providing orderly development as is existing in this area. Thus, staffs conclusion is that the requested rezoning from RM-8 to RM-10 is consistent with the zoning map and zoning code and that this Commission is required to make a recommendation to the City Council as part of this request. The motion this evening should state that it is a recommendation to the City Council. Ms. Kautenburg called for questions/comments from the Commission members for the applicant and staff. Mr. Carter -- He asked the applicant in their planning for the project and the ultimate development, what is the price point that the applicant is looking to achieve for the units. Mr. Barkett stated that is not a question he can answer at this time. He emphasized that at this time the applicant is just looking for the zoning change. He added that to go into the pricing of the units at this time would be unrelated to whether or not the applicant meets the requirements of the City to change the zoning. Ms. Bosworth clarified that the site plan application that was submitted is for an apartment building for rental units. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 M IN UTES OF MAY 4, 2023 Ms. Battles -- Regarding the traffic study, questioned regarding the COVID factor of 1.1 used,and how that was determined. Mr. Greene, the engineer for the project, stated that he did not prepare the traffic study, and he did not want to speculate as to why that was used. He can find out the answer. He is aware that traffic counts were projected out to 2024 using projections and numbers that are standard throughout Indian River County. Ms. Battles stated that she finds the number somewhat low, and that plays into the results of the report. Mr. Haddix -- He understands that tonight's agenda item is only for zoning. He asked if there is conditional zoning with this, or is it only zoning. Ms. Frazier said conditional zoning cannot be approved. However, in the Commission's approval or denial of a rezoning request, you can voice your concerns to Council regarding whether you approve or deny that particular rezoning request. He stated that he is concerned about the MOT of this area. He thinks that that should be addressed. Ms. Frazier said that can be a part of the motion this evening. Ms. Matthews -- She asked for a clarification regarding the number of units. The number discussed this evening has been 18; however, in the document it stated 16 units per building. Ms. Frazier stated that 18 is the proper number. Ms. Kautenburg -- She understands that we are only talking about changing the zoning rather than what it will look like in the future as to how many trees, are there sidewalks, what shape are the buildings, etc. None of that enters into a change of zoning. She wanted to emphasize that, should this Commission recommend the change and pass it on to the Council and the Council adopts the change, the change goes with the land. The change in zoning, rather than being specific to a site plan, is specific to the land in general. There being no more questions or comments of either staff or Commissioners, Ms. Kautenburg opened the meeting to individuals from the floor to address the Commissioners with their comments or concerns. She called on anyone from the public in favor of the request who wishes to address the Commissioners. There being no one other than the applicant, Ms. Kautenburg called on those who are opposed to the request: Jane Sonia -- She is the manager of Grace's Landing, a senior community that has existed along Louisiana Avenue for 27 years. It is a 70-unit apartment community, and most of the residents are seniors, and they have experienced some really difficult traffic situations just based on the growth of Sebastian itself. She stated that to go east or get to US1 they have to cross the railroad tracks. So the trains come into play, and Brightline is going to be running 32 trains a day. There are also the freight trains, the traffic from their property, the growth of this whole area. She stated that Louisiana Avenue is a very narrow road, and it has a bend. In the site plan that she saw it looks like the access to PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF MAY 4, 2023 the property in question — and she acknowledges that there is a great need for housing in Sebastian — additional housing in that specific area she opines would cause a hardship to the people who already live there. There is a blind spot where it appears that they would be putting their access to Louisiana Avenue. She drives that road several times a day, and there have been many times when she is approaching that curve the mail truck is there, and she cannot see him until she is right there. She knows to go 15-20 miles an hour down that road. She stated her opposition to any additional zoning to allow the land to be able to carry more housing in the future if this does not go through. In the future, it could be 156 units. She stated it is the traffic situation. Even though housing is needed in Sebastian, she suggested the growth should not be more than what Sebastian can sustain, which this is going to be difficult enough. Diana McNamara, 1037 Foster Road, Sebastian -- She has come to City Hall to discuss this, and she has found out that there is a possibility that there might be allowed an emergency exit on Foster Road. She stated Foster Road is a private road. The City maintained it for potholes a few times, but they say the City does not own the road. She does not feel that an emergency exit from Sebastian Oaks should be allowed on a private road. The City does not help to maintain Foster Road. She does not feel that in the heart of the City a project like this should be allowed. It is too much for the traffic that Louisiana Avenue can handle presently, and it will cause a lot of problems. She would like the Commissioners to take the situation on Foster Road into consideration as a catchall for this property. Eight units would be great. She understands that the owner wants to develop that property, but her property will abut this property. Her concern is the aquifer because everyone on Foster Road has a well. She stated there is a lot of wildlife in that area, and she hates to see that affected. She opposes this zoning change, and she asked if the property owner is asking for 10 units to help with the cost of construction. She does not think this is the right setting for a project like this. Rob Gribbroek, 1041 Foster Road, Sebastian -- He agreed with the prior speakers. He questioned the traffic study being done during COVID. The traffic on Louisiana has tripled over the last few years. He stated that US1 and Main Street and Louisiana Avenue is a ticking timebomb. If there are a great number of cars turning left onto Louisiana, and there are 32 high-speed trains coming through there in addition to the other trains, this is not going to work. He spoke about Louisiana Avenue being a narrow road. He also is concerned about the aquifer'. He suggested changes that would need to be done to make the traffic situation sustainable should this project go forward. Ira Downes, 1045 Foster Road, Sebastian -- He moved to Sebastian for privacy and safety. He is confused about the change from RM-8 to RM-10. He is concerned about PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF MAY 4, 2023 the devaluing of his property, safety with the traffic on Louisiana Avenue when adding 144 units, stormwater runoff, etc. Mark Lund, 1053 Louisiana Avenue, Sebastian -- He thinks the City should buy the property at a fair price and make the property a City park. Beth Taylor -- She is a resident at Grace's Landing. She does make multiple trips a day on Louisiana Avenue. She sees the backups every day when trains go through. Coming off of US1 onto Main Street is a nightmare. There are often two or three cars abreast right there as they come off of US1 onto Main Street. She opposed this Zoning change. Louisiana Avenue cannot hold all the traffic that is projected. Sheila Benfield -- She is a resident of Grace's Landing. She stated the traffic is horrible. When the railroad crossing was closed the traffic was backed up constantly trying to get to Main Street. Adding this much more traffic is going to make the traffic much worse. She hates to see this done to the property with all the wildlife that is present. Jon Hagerat -- He owns multiple houses on Foster Road. Regarding a turning lane, there is nowhere to put a turning lane anywhere on that road. The entrance to that road is right at the curve that has been talked about. He suggested that the study that was done during COVID is not realistic because, if you look at the population of Sebastian during COVID, and look at the population today, especially looking at the traffic on US1, there are many more people in Sebastian. He suggested that, at the very least, a study should be looked at during the winter months especially, when the northerners are here, and see what that would show. There was mention of the school buses. Whenever there is a school bus on Louisiana Avenue, traffic has to move over to be able to pass the school bus because the road is so narrow. Luther Fitch, 4 Palmer Drive, Sebastian -- He owns the property next to the applicant's property. There is a natural hammock that runs the length of the property. He would like to know what is going to be done with that. It is important to the habitat in that area. He agrees with what has already been said, and he is not in favor of this project at all. Linda Rindell, Foster Road, Sebastian (Zoom) -- She is in agreement with what has already been stated. There being no other members of the public to speak on this matter, Ms. Kautenburg called on the applicant to respond to the issues that have been raised. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF MAY 412023 Mr. Barkett reiterated that the concerns of the citizens are valid. However, they are not appropriate at this stage. These concerns should be addressed at the site plan level, and this hearing is only about the zoning change. The City staff has not even had a chance to review the traffic study yet. In order to get approval for this project, the applicant has to hire expert engineers in traffic who prepare these reports to work with the professionals who work at the City. At that time, if the City staff has concerns, which they will, about the traffic and the turn lanes and blind corners, those issues will be addressed. These are very valid concerns, but that is the appropriate time to address those. Ms. Kautenburg called on City staff to summarize. Ms. Frazier thanked everyone who expressed their concerns. She reiterated that this property is zoned and land used appropriately for multi -family development, and the request is to increase the density from eight units per acre to ten units per acre. Traffic is an appropriate consideration when it is being looked at to increase density on the property. Staff has reviewed the traffic analysis. It shows that Louisiana Avenue can support the additional traffic. However, the road is very narrow, and there is very limited area to improve it. Those are considerations that will be addressed during the site planning process. However, the consideration of traffic at this point is appropriate when you are considering a rezoning to a higher density. Ms. Kautenburg asked for the Commissioners to deliberate and pose final questions. Ms. Battles -- She recalled that one of the residents had mentioned an emergency exit on Foster. She asked if that is in discussion because of them having more than 100 units and the requirement from the County Fire Marshal to have a second access for fire and emergency vehicles. Ms. Frazier stated that Ms. Battles is correct, that they need to have an emergency access, and the fire official has looked at Foster Road, and it would be adequate for emergency access. Ms. Battles asked if that is something that would need the approval of the private owner. Ms. Frazier said it is a private road, and the landowners around that road would have to be considered, yes. Ms. Battles stated that her concerns regarding the traffic study are consistent with what the residents have said. She suggested that a peak season factor of 1.11 is typical during a normal year. However, being that it was arrived at during COVID, she does not think that that was appropriate. She is concerned that some of those factors were low, and she opined that a new traffic study is required. Ms. Matthews -- She also has some concerns about the increase in the number of units and the possibilities of development and the effect on infrastructures and not being able to redevelop as time passes. She also suggested that a traffic study should be done before a decision is made on something like this. She does not see that area being able to handle this type of increase in structure and volume. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF MAY 4, 2023 Ms. Kautenburg -- Regarding the traffic study, she asked Ms. Battles and Ms. Matthews if they are indicating the new traffic study should be made prior to recommending a change from R-8 to R-10, or are they saying a traffic study should be made at the time -the site plan is being developed for whatever would be built there. Ms. Battles suggested an updated count for appropriate factors used in the study that we see before we approve rezoning for additional units. That would be her preference. Ms. Matthews also would like to see a traffic study before the increase. She is concerned about the infrastructure, the increase in traffic, and she would like to see it done before the Commission votes for the increase. Ms. Kautenburg said she does not have any further questions at this time. Ms. Lorusso -- She is aware that Sebastian needs affordable housing. She has been stuck on the railroad tracks because of someone wanting to turn left onto Louisiana Avenue. She stated that is a frightening feeling. She does not think the zoning needs to be increased to RM-10 in the area of Louisiana Avenue. Ms. Kinchen -- In looking at the Staff Report, in Item 7 the Conclusion states that RM- 8 to RM-10 is consistent with the zoning map and the zoning code. She asked if the City staff is recommending that this change be approved. Ms. Frazier stated no. All that is meant by that sentence is that the request is in line with the zoning map and the zoning code, and the Commission must make certain that it is in compliance and consistent with the Comprehensive Plan. Ms. Kinchen also has a concern with the traffic on Main Street. However, there is an additional entrance to Louisiana Avenue from CR-512 that could be used instead of the entrance off of Main Street. She has been down Louisiana Avenue, and it is very narrow. She does not see the need to raise the density for this area at this point in time. She feels that Foster Road is too narrow even for an emergency exit. Ms. Kautenburg -- She added that she too has concerns regarding traffic. She agrees that an up-to-date traffic study should be done. She also mentioned the Brightline trains that will be coming through Sebastian as well as the freight trains that are presently coming through the City. Ms. Battles -- She asked if this matter can be tabled until an updated traffic study is done. Ms. Bosworth stated that one concern is that an updated traffic study may take three to four months, and how do we timely process the decision. Ms. Frazier called on the City Attorney for his input. Mr. Mai stated that the Planning and Zoning Commission's duty is to either recommend approval or denial of the application based on the evidence and the record that you have before you. You can continue this to a date certain, and it would have to be readvertised and would likely cause the applicant a hardship in the amount of time it would take. But the Commission could continue it to a date certain in the future to obtain more information. The applicant may agree or disagree. He added PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF MAY 412023 that the Commission could in its motion indicate that you would prefer that the applicant brings forth an updated traffic study for the next hearing or the site plan. Ms. Lorusso -- She asked Ms. Frazier that whichever way this goes, whether the Commission recommends changing it to RM-10 or leave it at RM-8, the applicant does have to provide an updated traffic study at the site planning. Ms. Frazier, stated that whichever way it goes tonight, the City can make that request because staff would follow the Commission's concerns. Mr. Carter -- For clarification, he asked that whatever happens on the zoning, at site planning stage they would still need to have an updated traffic study. Ms. Frazier stated that is correct. There being no further discussion, Ms. Kautenburg called for a motion. A motion denying recommending to City Council changing the zoning from RM-8 to RM-10 on the property in question was made by Mr. Carter. Mr. Haddix asked if the concern regarding the MOT be added to the motion. Mr. Carter agreed to add that to his motion. A second to the motion was made by Mr. Haddix. Roll Call Ms. Kinchen -- Yes Ms. Battles -- No Ms. Kautenburg -- Yes Ms. Matthews (a) -- Yes Vote was 6-1 in favor. Motion carries. Mr. Haddix -- Yes Ms. Lorusso -- Yes Mr. Carter -- Yes Ms. Bosworth stated that the first reading of the ordinance for City Council will be on May 24. Adjacent property owners will receive a letter for that City Council hearing. VII. Unfinished Business -- None VIII. Public Input Ms. Kautenburg called for public input on items other than what are on the agenda for this meeting. Terry McGinn (Zoom) -- He stated that there is a piece of property on Indian River Drive that is scheduled to be reviewed for a 96-room hotel. He suggested that, if that goes forward, there will be a significant amount of traffic trying to exit at Kroegel's fruit PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 10 MINUTES OF MAY 412023 stand on US1 or at Main Street, which will greatly exacerbate the traffic problem. He stated that his only reason for bringing this up is to call attention to the Zoning Commission and anyone who might be listening, and it is crucial that anyone from the Planning and Zoning Commission who is able to attend the technical review meeting on Wednesday, May 10t', concerning this piece of property which is 88 yards from the City limits. He has seen the traffic study, and he thinks that the traffic study that was done on that particular application, even though it is in the County, should be challenged and done over. This project if approved is going to have a drastic impact on the City and its traffic. Ms. Kautenburg added that, even though this proposal is for property in the County, so are we. She encouraged anyone who can attend that meeting and cares about this matter go to the meeting and make your feelings known. IX. Commissioners Matters -- None. X. City Attornev Matters -- None XI. Adioumment There being no further business, Ms. Kautenburg adjourned the meeting at 7:16 p.m. jg