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HomeMy WebLinkAbout08-17-2023 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES AUGUST 17, 2023 I. Call to Order II. Pledge of Allegiance III. Roll Call vs Present 06 Mr. Roberts (a) Ms. Lorusso '� ^ Ms. Matthews Mr. Haddix C y p �¢ Ms. Kautenburg Ms. Kinchen E Fo E Mr. Carter Ms. Geesey (a) (� 41 C O N Not Present C13 F ID Ms. Battles -- Excused a I 3 'E o 29 Also Present (n N Q Q Co Ms. Jennifer Cockcroft, City Attorney (via Zoom) Ms. Lisa Frazier, Development Director Ms. Dorri Bosworth, Planner Nicholas Ladyman, Help Desk Technician Ms. Janet Graham, Technical Writer IV. Announcements and Agenda Modifications Ms. Kautenburg introduced and welcomed Mr. Christopher Roberts, who has joined the Commission as the second alternate. She thanked him for giving his time to the City. Also, Ms. Battles has an excused absence, and voting in her place this evening will be Ms. Geesey. The City Attorney tonight is attending via Zoom and will be available for any questions that may need to be addressed. The public hearing that was scheduled for tonight for the property on Roseland Road (D. R. Horton model home) has been cancelled at the request of the applicant. V. APProval of Minutes: Regular meeting of August 3, 2023 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 2 All having indicated that they have reviewed the Minutes of August 3, 2023, Ms. Kautenburg called for a motion. A motion approving the Minutes of August 3, 2023 as presented was made by Mr. Carter, seconded by Ms. Kinchen, and approved unanimously via voice vote. VI. Local Planninq Aqencv (LPA) Public Hearinq: Ms. Kautenburg read the item into the record as follows: A. Public Hearing -- LPA -- Comprehensive Plan Text Governance & Implementation Supply Plan Ms. Kautenburg called for staff's presentation. Recommendation to City Council -- Amendment -- Infrastructure and Elements -- City of Sebastian Water Ms. Frazier stated that this is a request for a text amendment to the Comprehensive Plan. It is entitled the City of Sebastian Water Supply Plan. This is a statutory provision in Chapter 163.2117 of the Florida Statutes relative to the Comprehensive Plan requiring each local government to adopt a Water Supply Plan and incorporate its applicable policies into their Comprehensive Plan. She stated that, when referring to the cover letter by Kimley Horn, you will get the clearest explanation of what your role is this evening. She further explained that every local government has to prepare a 10-year water supply work plan in accordance with this statute. The City did not do that when we were going through Comprehensive Plan changes -- the Comprehensive Plan 2024-2040 update - - because St. John's was in the middle of doing their whole big assessment and work plan and asked us to wait. St. John's completed their Central Plan/East Coast Water Supply Plan about 18 months ago. Now it is the City's turn to get this Plan done, which we have, and to incorporate the recommended objectives and policies from St. John's. St John's has reviewed this plan, they have approved it, and they have recommended the objectives and policies that you read on this cover sheet. Tonight, it will be incumbent upon this Commission to recommend or not recommend to the City Council to accept the Water Supply Plan and recommend or not recommend incorporating the Comprehensive Plan language into the City's Comprehensive Plan. At that point, for those of you who were not here when we did a lot of the Comprehensive Plan amendments, the City Council will then have a hearing and transmit those changes up to DEO. DEO will then review those changes, and they have 30 days to accomplish that. They will then send it back to the City. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 3 Hopefully, everything will look good to them, and then the City Council will once again take it up at a public hearing and approve or deny the incorporation of this language into the City's Comprehensive Plan. Then, we will make that change and put it into all of the Comprehensive Plans that were done prior. Ms. Kautenburg called for public input. There being none, Ms. Kautenburg called for final comments from the staff. Ms. Frazier said there were none, and Ms. Kautenburg called for questions/comments from the Commissioners. Mr. Carter -- Referring to page 13 of the report, he had a question about the expected average annual growth rate of 8% between the years 2023 and 2040. He asked what that figure was based upon and if that is going to be a realistic figure. Ms. Frazier explained how population projections are done. They are not 100% accurate. By looking at the growth of the area and the projected population growth, that is how that is projected. Mr. Carter stated that over the last several years we have had brought before this Commission, whether it be as a recommendation or whatever to City Council, various developments which will exceed that number once they are built out. That is why he questioned the validity of this 8%. He suggested it should be higher. Ms. Frazier further stated they do take into consideration our build -out based on our land use. So that is a given. She will make a note to look into that further. She called everyone's attention to page 8 where they talk about the potable level of service. The City has always been projected as utilizing way more of the GPD than it does. She added that the City's level of service has been pretty high compared to historically what we use. So, if the City continued to incorporate its conservation efforts, she suggested that it is imperative that people understand that stormwater retention, stormwater percolation is very important to our potable water and our aquafers getting refilled. When we direct it down a pipe out into the Indian River Lagoon, we are not refilling our aquafers. It is very important that we recognize that. She believes that the City is doing all that it can to incorporate the conservation efforts into our potable water source retainment. Ms. Geesey -- She estimated that from 2020 to 2040 it is a 40% increase in population. Ms. Frazier said each year from 2020 to 2040 they are showing a growth rate of 11 % up to 2025. It will keep ticking forward. We are the fastest growing area in Indian River County. Ms. Kinchen -- She stated her concerns are the same as Mr. Carter's. She does not think that 8% is going to be enough. She suggested that will really have to be looked at later on, maybe 5 years down the road, and make sure that that is going to comply, PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 4 because Sebastian is the fastest growing city in Indian River County, and it is not going to stop any time soon. Ms. Lorusso -- She addressed the septic -to -sewer situation. She knows the CRA district already has that program in effect. On page 11 it mentions the North Sebastian septic - to -sewer Phase II project. She asked what that is going to entail, what do they consider North Sebastian. Ms. Frazier said this information is a little dated because we had to sunset the Sebastian CRA Septic -to -Sewer Conversion Program last year. This was a program that had been in place since 2016. We were successful in getting a cost -share grant from Indian River Lagoon to help us. That was in 2018. That program was run for many years. It was one grant, and we kept getting extensions until they said we could no longer extend the program because people were not taking advantage of this grant, even though notices were sent out every year. It has not started back up again. As to the Phase II project, she explained that that is the County's project. It is a gravity feedline which helps people connect a lot cheaper. That is all that she is aware of regarding that. Ms. Lorusso asked regarding the FEMA grant for the Collier and one other canal, whether the grant has been applied. Ms. Frazier stated that would be under the purview of Karen Miller, the City Engineer. Mr. Haddix -- Regarding page 4, the first paragraph, last sentence which states, "The CSEC has reviewed multiple projects that could increase the water quantity in Brevard, Indian River, and Okeechobee counties by 29.2 million gallons per day." He asked if this is a demand of quantity, or is it an availability. Ms. Frazier explained that the CSEC is the St. John's report. It is the Central Spring East Coast Regional Water Supply Plan. Ms. Frazier interpreted it as meaning the available quantity. Mr. Haddix referred to page 9, the last paragraph where it talks about the County requiring the use of irrigation qualify effluent meeting FDEP standards for irrigation in parks and facilities, etc. He asked, if the County is making this a requirement, is the County going to have this pressurized. Ms. Frazier stated this is for reuse. If reuse is available, they are going to force you to use it. They have had this on the books for a while. Mr. Haddix stated that, if they are going to require it, he opined that there should be some clarification that means somebody has got to put pumps in -- the City is going to be required to do that for these irrigation purposes, or the County is going to have to pressurize this effluent water that is only available by gravity. He believes it is unclear. Ms. Frazier said she will make a note of that and will have the City Engineer follow up on that. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 5 Mr. Haddix said this question is just for educational purposes for himself. On page 10 where it refers to Policy 4.8, "The County shall require all new subdivisions and projects of 25 or more lots or units..." His question is what the significance of 25 is. He asked if that is a minimum requirement for a subdivision. Ms. Bosworth stated that 25 lots must be a threshold where they presume what the maximum impervious could be so that there would be a stormwater pond that would be required. Mr. Haddix said he was concerned as to what the origin of 25 represents. Ms. Kautenburg -- She felt that this report was extremely thorough. She is also concerned with projected numbers. She has seen many projections over time. While we assume that they are based on an educated guess, sometimes we don't know what we don't know until it happens. She is also of the opinion today that that figure might be a little low, but she might change her mind in the future. Ms. Bosworth explained further that the statement that Mr. Carter made is not saying that from the period of 2023 to 2040 there is only going to be an 8% increase. It is annual, so that each year it will be an 8% increase. Mr. Carter said he understood that. Ms. Kautenburg stated, if there are no further questions or discussion, the Chair will entertain a motion. A motion that the Commission make a recommendation to the City Council to approve the Comprehensive Plan Text Amendment -- Infrastructure and Governance and Implementation Elements -- City of Sebastian Water Supply Plan was made by Mr. Carter, and seconded by Ms. Kinchen. Ms. Kautenburg called for a roll call vote. Roll Call Ms. Kinchen --Yes Ms. Kautenburg -- Yes Ms. Matthews -- Yes Mr. Haddix -- Yes Vote was 7-0 in favor. Motion carries. Vlll. Unfinished Business -- None IX. New Business Ms. Geesey (a) -- Yes Ms. Lorusso -- Yes Mr. Carter -- Yes A. Accessory Structure Review -- LDC Section 54-2-7.5 -- 493 Englar Drive -- 1000 SF Detached Garage -- Mr. John Cronenberg PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING AUGUST 17, 2023 Ms. Kautenburg called on the applicant to give his presentation. John Cronenberg, 493 Englar Drive, Sebastian -- He described the accessory structure for which he had designed and engineered to match the house, concrete block and stucco, the same roof style. It is going to be under 1,000 square feet. He is only going to be using it for himself, for storage, for working on his projects. He states there are two other structures on the property that will be removed once the structure is built. Everything that is in the sheds that are presently on the property has to go somewhere. When the garage is finished, that is where those items will all go, and then the sheds will be removed from the property. He has a landscape plan that meets the Code. There are plenty of trees on the property. He displayed a few photographs on the monitor and pointed out various trees, etc. Ms. Kautenburg called for questions from the Commissioners. Ms. Kinchen -- She inquired if any of the tall trees shown on the photographs are coming out. Mr. Cronenburg stated no. The garage will be set back, so all of them will still be there. Mr. Carter -- He asked if the applicant will be working on any vehicles, etc. Mr. Cronenburg stated only on his own motorcycles, cars, doing woodwork. It will just be a hobby shop. He is retired and needs something to do. Ms. Kautenburg called for comments from the staff. Ms. Bosworth stated staff has worked with Mr. Cronenburg. He has presented a landscape plan that shows that he has added the plants around the building. Also, as can be seen, it is higher than the house, but we have always discussed that the intent was that the structure did not appear to be higher than the house. Based on the grade elevations, there is a 4-foot difference. It still appears less than the house. The staff had also noted that the left -right elevation which was facing the road was kind of plain. But after staff looked at the aerial, there are not any houses facing that street. All of the other houses are facing the other street. So, staff is recommending approval of this application. He meets all of the required codes. Ms. Kautenburg -- She stated she knows Mr. Cronenburg is an honorable person, but in the last year there have been a number of projects that the Commissioners have allowed to pass, and she has found that the owners of the properties, while they are barely meeting the intent, they are not holding up their end of the bargain. She has had to call PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 17, 2023 PAGE 7 Code Enforcement several times to get somebody to finish the job they started. The two sheds that will disappear, she understands. However, she would like to put a time limit on it such as 10-14 days after the completion. Ms. Bosworth stated that, because there is a contract, if it is not CO'd through the Building Department system —if that CO is never issued —within 6 months that permit expires, and there are additional fees that the contractor would have to pay. There was general discussion regarding the two sheds among the applicant, the commissioners, staff, and the City Attorney. The City Attorney stated that with respect to a motion, she would feel most comfortable if you would stick with the standard guidelines that are in place already that Ms. Bosworth mentioned. From an enforcement standpoint with Code Enforcement, it would be most practical to stick with those and follow the Building Department guidelines. She would not feel comfortable imposing any of these different timelines as opposed to what are in place already, and she gave examples of why she has that opinion. There being no further discussion, Ms. Kautenburg called for a motion. A motion approving the accessory structure review for 493 Englar Drive, a 1,000 square foot detached garage, was made by Mr. Carter and seconded by Mr. Haddix. Roll Call Ms. Lorusso -- Yes Ms. Geesey (a) -- Yes Ms. Kinchen -- Yes Mr. Haddix -- Yes Vote was 7-0 in favor. Motion carries. jg Mr. Carter -- Yes Ms. Matthews -- Yes Ms. Kautenburg -- Yes X. Adjourn there being no further business, Ms. Kautenburg adjourned the meeting at 6:41 p.m.