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HomeMy WebLinkAbout03-07-2024 PZ AgendaSEBASTIAN CIIIIIIIIIIII CIIINY1110N 1111- IOU COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ® SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebasflan.org AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, MARCH 7TH, 2024 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of February 1, 2024 6. LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS: • Chairman opens hearing; • Attorney reads ordinance or resolution or title, if any; • Staffpresentation; • Public Input; • Commissioners closes hearing; • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing — LPA - Recommendation to City Council — Ordinance 0-24-04 - Land Development Code Amendment — Mobile Food Establishments - Section 54-2-3.6(d)(4) — Maximum days allowed 7. PLANNING AND ZONING COMMISSION (PZC) QUASI-JUDICIAL HEARINGS: • Chairman opens hearing, reads title • Commissioners disclose ex parte communication • Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staffpresents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) • Applicant provided opportunity to respond to issues raised by staff or public • Staffprovided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. REQUEST TO BE TABLED TO 4/4/24: Quasi -Judicial Public Hearing — PZC - Recommendation to City Council — Special Exception Request — Brognano RV & Boat Storage — Industrial Activities (Outdoor Storage) in Commercial General Zoning District & CRA's Triangle Overlay District — Ashbury Boulevard/Sebastian Boulevard — 3.76 Acres 8. UNFINISHED BUSINESS: None 9. NEW BUSINESS: None 10. ADJOURN No stenographic record by a certified court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision made by the Commission with respect to any matter considered at this meeting may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) In compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel25 andATT UVerse Channel 99 and streamed via the city website — www.cin•olsebastian•orQ unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule ZOOM INFORMATION If you wish to attend the meeting by Zoom, please follow the link below to the City's Meeting Calendar, and locate the applicable meeting date. The Zoom connection details are provided. httns://www.cityofsebastian.orc/meetingcalendar 2 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES FEBRUARY 1, 2024 I. Ms. Kautenburg called the meeting to order at 6:00 p.m 11. The Pledge of Allegiance was recited. III. Roll Call Present Mr. Roberts (a) Ms. Kautenburg Ms. Lorusso Mr. Haddix Not Present Ms. Matthews -- Excused Also Present Ms. Battles Ms. Kinchen Ms. Geesey (a) Mr. Carter C coo ltl9 r K 00 CL C CO N -M Jennifer Cockcroft, City Attorney Alix Bernard, Community Development Director Dorri Bosworth, Manager, Community Development Department Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer IV. Announcements and Aqenda Modifications The Chairman announced that Ms. Matthews was excused from tonight's meeting and that Ms. Geesey would be voting in her place. V. Approval of Minutes All having indicated that they had reviewed the Minutes of January 18, 2024, Ms. Kautenburg called for a motion. A motion approving the Minutes of January 18, 2024 as presented 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 REGULAR MEETING FEBRUARY 1, 2024 VI. Local Planning Agencv (LPA) Public Hearinqs A. Public Hearing -- LPA -- Recommendation to City Council -- Land Development Code Amendment -- Murals -- Section 54-3-16.3(15) and Section 54-5-22.2. The City Attorney read the item into the record. All who would testify were sworn in by the City Attorney. Ms. Kautenburg called on City staff to make their presentation. Ms. Bernard described the proposed amendment to the Land Development Code regarding murals. She described the history of the Code, and her department has reviewed how the Code has been addressed so far. This amendment is purely to clean up some of the things that were implemented after the program had been running for a year. She reviewed what staff is proposing to modify. She called for any questions from the commissioners. Ms. Battles -- She had a question as far as if there is any restriction over the type of mural or if there is an approval process for the mural. Ms. Bernard called attention to the second page of the proposed ordinance. It is underlined in blue. It goes into all the different parameters. Ms. Battles asked if we are excluding things that could be derogatory or misconstrued. Ms. Bernard said that a mural is not part of commercial signage, that it actually lends to the character of the area. It will be reviewed by staff, and then a recommendation will be made to City Council for their review. Is also reviewed by the Chamber of Commerce.. Ms. Cockcroft added that there was also some legal clean-up that needed to be done to make sure that the City was in compliance with first amendment rights and things of that nature. Mr. Haddix -- He stated that it was mentioned that it could not be commercial signage, but it says it can be commercial signage. He asked if that is correct. Ms. Cockcroft said it should be non-commercial signage. The definition of a mural is non-commercial artwork. Ms. Bosworth explained that, if a mural advertises your business, it is commercial artwork. If it does not advertise your business, it is a mural considered non- commercial artwork. Ms. Geesey -- She thinks 50% for text and lettering should be lowered a bit. She thinks 25% or 35% would be appropriate. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OF REGULAR MEETING FEBRUARY 1, 2024 PAGE 3 Ms. Kautenburg -- She has seen many murals in other communities with a lot of lettering in them because they are telling a historical story. She would prefer relying on the judgment of the various reviewing bodies. Ms. Bernard said that staff came in at 50% based on some of the other murals that staff had looked at. Mr. Roberts -- He asked if there is a permit process for someone who wanted to have a mural on their building. Ms. Bernard said there is an application process currently in place. It goes through the Chamber of Commerce and then they work in partnership with the City. He asked who is responsible for enforcing those murals. Ms. Cockcroft said Code Enforcement is. Mr. Carter -- He said he is inclined to agree with Ms. Geesey as far as the amount of text. He would recommend 35% text. Ms. Kautenburg opened the floor for anyone in the audience who wished to speak in favor of this item. Christy Lenz identified herself as the Chairperson of the Mural Committee. Cheryl Thibault identified herself as the President of the Sebastian Area Chamber of Commerce. They both stated they are in favor of the mural program. Ms. Lenz explained that they have a review committee. Anything that comes to them has to go through that committee first. They have several teams in place that go through the process before it even arrives at the City for approval, and she reviewed that process. There was general discussion among the applicants, City staff, and the commissioners regarding murals. There was no one who wished to speak against this item. There being no further discussion, Ms. Kautenburg called for a motion. A motion recommending to City Council that they accept the revised Land Development Code, Murals, Section 54-3-16.3(15) and Section 54-5-22.2 was made by Mr. Carter and seconded by Ms. Lorusso. Roll Call Ms. Kinchen -- Yes Ms. Battles -- Yes Ms. Kautenburg -- Yes Mr. Haddix -- Yes Vote was 7-0 in favor. Motion carries. Ms. Geesey (a) -- Yes Ms. Lorusso -- Yes Mr. Carter -- Yes PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING FEBRUARY 1, 2024 VII. Planninq and Zoninq Commission (PZC) Quasi -Judicial Hearinqs A. Quasi -Judicial Public Hearing -- PZC -- Recommendation to City Council -- Special Use Permit -- Sebastian RV Park -- RV and Cabin Resort with Amenity Center -- 608 Davis Street -- 2.93 Acres -- Commercial Waterfront Residential (CWR) Zoning District The commissioners had no ex parte discussions to disclose. All who would testify were sworn in by the City Attorney. Ms. Kautenburg called on the applicants to make their presentation. Elliese Shaughnessy of BGE, Inc. identified herself and her position as a member of the consulting firm. She is here to represent the clients and describe where the property is located. She identified the owners/businesses of the surrounding properties. She presented the conceptual plan and described the various green spaces, etc., and said they are trying to preserve as many as possible. She presented the clients for their input. Sydney Allison Stoyka and Craig Stoyka identified themselves and gave a lengthy description of the property and their plans for it should they be approved for this project. Ms. Kautenburg called on staff for their presentation. Ms. Bosworth explained the special use procedures, and she stressed that this is an application for use approval. Staff had discussed this at a workshop in April of last year. This is for a use for which the City has no codes or guidelines such as parking, etc. If the Commission makes the recommendation to City Council and it is approved by City Council, they will have to come back before you with their full site plan. At that point utility hookups, storm water, etc. will be looked at. She explained that the RV addition to this proposal is before the commissioners for the special use. She reviewed the Staff Report in depth. Below are the suggested conditions for approval: A. The special use is granted for the proposed amount of RV pads and cottages as shown on the 8/9/2023 Conceptual Plan for Sebastian RV Park (13). Any proposed increase to that amount will require additional approval by City Council. B. The special use permit expires three (3) years from the date of approval if the RV park is not operational by that time. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING FEBRUARY 1, 2024 C. The maximum length of stay shall be limited to 30 days. D. A traffic analysis regarding maneuverability through the intersections and driveways, along with a report on the condition of the existing local streets with regards to the length and weight of the Recreational Vehicles shall be submitted with the site plan, and any off -site improvements that may be warranted completed before issuance of the project's CO. E. A full tree survey is required with submittal of the site plan that includes a construction tree preservation plan and a long-term tree maintenance plan to be approved as part of the site plan. F. The RV park shall be in compliance with all applicable Environmental Health Department and Florida Statute regulations that apply to RV Parks and cottage rentals. Ms. Bosworth stated staff recommends approval with those six conditions. Ms. Kautenburg called for questions/comments from the Commissioners. Mr. Carter -- He asked if there are to be 25 units or 8 RV pads and 5 tiny homes. Ms. Bosworth said the 25-unit figure was if they were to come in with townhomes or homes that would have to meet the 900 square feet limit and density limits. Mr. Carter had another concern relating to parking, and he asked if there would be enough parking for the tiny homes as well as the RV pads. Ms. Shaughnessy said they will look into how much parking is needed for each pad and tiny home and include it in the actual site plan. Mr. Roberts -- He asked what is preventing this site from becoming a campground with camp fires, etc. Ms. Bosworth said they could as part of an RV pad have an outdoor fire pit. If you want to state a condition prohibiting tent camping or certain size RVs, that can be done. Ms. Geesey -- She asked if there is a check -in -by time. Ms. Stoyka said yes, there would be. Ms. Kinchen asked if there will be a minimum number of nights. Ms. Stoyka said they have not put in a minimum number of nights, but they will be happy to have recommendations. Ms. Kinchen asked if each tiny home is approximately 1,250 square feet. Ms. Stoyka said yes. Ms. Kinchen -- Asked if there are any plans for putting anything on the property to the east of Indian River Drive next to the river. Ms. Stoyka said they would like to put a dock in, but that is more for personal use for now. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING FEBRUARY 1, 2024 Ms. Lorusso -- She noted how many trees are on the property. She is impressed with the layout so far. She thinks it is a great use for that area. Mr. Haddix -- Asked if there are going to be travel trailers permitted on this property. Ms. Stoyka said they will be motorized. He asked if the applicants are considering one parking space per RV and two for a tiny home. Ms. Stoyka said yes, that makes sense. Mr. Haddix said maybe eight additional spaces at the amenity for visitors. He asked if that can be made part of the conditions this evening. Ms. Bosworth said yes. He asked if it is established that 30 days will be the maximum, are the owners going to permit the move from one site to another site just to accommodate them for however many months they want to stay. Ms. Stoyka said they have not thought about that, but she thinks the idea behind the 30 days is that they want rotation and have different people to come and experience the area and the City. Ms. Bosworth said that staff can revise that condition of approval that says the tenants are limited to 30 days on site. She said that the Florida Statute says short-term vacation stay is 30 days. Mr. Haddix asked if there is county sewer. Ms. Stoyka said they have it already and full hook-ups are available. Mr. Haddix asked about the types of pads. Ms. Stoyka said they want to keep everything as natural as possible. The pads themselves will probably need to be concrete or something that would be a hard pad. For the roadways, they were thinking of a more natural product. Mr. Haddix asked what the City's position is on campfires. Ms. Bosworth said there are some exemptions where you don't need to get a permit. Residential firepits are exempt, but staff will look into a commercial type of use. Ms. Battles -- She asked why we are trying to stay away from the density subject. Ms. Bosworth said staff is not, but there are minimum sizes for those cottages. She stated an RV cannot be counted as a dwelling unit. Ms. Battles thinks a condition to prohibit RVs or anything east of Indian River Drive should be added. She asked if the owners plan to make the river an amenity of their property. Ms. Stoyka said yes, part of it will be the tenants will be able to walk down there. Ms. Battles asked conceptually what is planned for stormwater. Ms. Stoyka said they will add in water retention where they could or was necessary. She would want each lot to have water and sewer added. She would say that that would definitely be necessary. She recommends that thought be given to the campers that actually pop out in relation to the trees. Ms. Battles said it looks like the lots are not 25 feet wide. Ms. Stoyka said it may be 15 by 65 feet. Ms. Kautenburg -- She asked if a special use permit goes with the property in perpetuity. Ms. Bosworth said that, if City Council approves this application, it will be through a resolution, and that resolution becomes legislative for that property, along with the conditions of the special use. So any change to the number would have to come back before this Commission. Ms. Kautenburg said the 90 days bothers her. She PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF REGULAR MEETING FEBRUARY 1, 2024 would like 30 days. Ms. Bosworth said it could be made part of the motion to address the maximum, with a minimum of 7 days or 15 days, etc. Ms. Kautenburg said this would appeal to her. Ms. Kautenburg asked if Mr. and Mrs. Stoyka have been RVers. They said yes, they have been. Ms. Kautenburg opened the meeting to anyone who wishes to speak in favor of this project. Rebecca Hoch, is the neighbor to the north of this property. Her concerns are mostly with noise, and she would like to see no generators allowed. Campfires are another concern, pets are also a concern, and fill is another concern. She is not opposed to the plan, but she does have the questions that she voiced. She asked how she can follow up on seeing what the conditions of approval are. Ms. Kautenburg and Ms. Bosworth explained that process. Ms. Kautenburg called for anyone who is opposed to this project. There were none. Ms. Bosworth reviewed the discussion items that were set forth tonight, and suggested the commissioners may want to add as part of their motion for the conditions of approval. She stated that staff had six conditions. She suggested changing Letter C on Page 5 of the staff report to say that the maximum length of stay shall be limited to 30 days on site. That may eliminate the loophole of just moving to another pad. As additional conditions, Ms. Bosworth suggested that per the commission's discussion adding no RV pads or cottages could be east of Indian River Drive. She also suggested adding wording for no tent spaces, and to provide a minimum of one parking space per RV pad and two for the cottages, and eight parking spaces at the amenity center. Ms. Bosworth said there seems to be some concern about the size of the cottages being large. She suggested the commissioners could limit the maximum size for the cottages, but she does not know if that can be done. Ms. Bosworth said there are some preemptions that the state has for vacation rentals, and the City Attorney will look into that. Ms. Bosworth spoke concerning campfires. There is little research on that. Regarding pets, she does not know if they can stipulate that pets are not permitted. She suggested that there be some sort of park regulations regarding generators and fill. Regarding fill, staff would make sure that drainage would not go onto bordering properties. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF REGULAR MEETING FEBRUARY 1, 2024 Ms. Cockcroft stated the applicants have the right to address the concerns that were voiced this evening. Ms. Stoyka, said she does not want to restrict pets, etc. She said she would be open to restricting the hours of registration, and pets being inside during certain hours. Mr. Haddix asked about buffers, and Ms. Bosworth stated that would be addressed later in the process, but it can be addressed tonight in the motion if additional buffers were wanted. He also suggested that there should not be generators running since the pads will have full hookups. Ms. Cockcroft suggested that wording such as the property owner would have rules for the operation in place be included in the motion. Ms. Kautenburg called for questions/comments from the commissioners. There was consensus that additional conditions be listed in the motion as follows: a. Maximum length of stay thirty days on site b. No RVs or cottages east of Indian River Drive c. Extra buffer at any property lines adjacent to the residential use d. No tents e. Address the parking -- minimum one space for the RV pads, two for the cottages, and at least eight at the amenity center f. Provide full hookups at each site g. Establish rules of operation provided by the owners regarding pets, noise, and generators h. Size of the cottages The property owners voiced their agreement with these additional conditions. There was general discussion among staff, the City Attorney, and the commissioners regarding the conditions to be added to the staff report as set forth above. Ms. Kautenburg called for a motion. A motion recommending to the City Council in favor of a special use permit for Sebastian RV Park, RV and Cabin Resort, with amenity center at 608 Davis Street, 2.93 acres, commercial waterfront, residential, CWR zoning district, with the 13 conditions that have been discussed. Motion was seconded by Ms. Lorusso. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OF REGULAR MEETING FEBRUARY 1, 2024 Roll Call Ms. Kinchen -- Yes Ms. Lorusso -- Yes Ms. Geesey (a) -- Yes Mr. Haddix -- Yes Vote was 7-0 in favor. Motion passes. Ms. Battles -- Yes Mr. Carter -- Yes Ms. Kautenburg -- Yes PAGE 9 B. -Judicial Hearing -- PZC -- Recommendation to City Council -- Rezoning Amendment -- Warrior Recycling, Applicant -- 7701 130th Street -- 5.13+/- Acres -- HI (Heavy Industrial) Existing Land Use -- IN (Industrial) Existing Zoning -- Requested Zoning HI (Heavy Industrial) The commissioners stated that they have had no ex parte communication with the applicant. Ms. Kautenburg called on staff to make their presentation. Ms. Bernard stated that what is before the commissioners tonight is a zoning request for Warrior Recycling located at 7701 130th Street. The request is to change the zoning classification from IN (Industrial) to HI (Heavy Industrial). She described the dimensions and location of the property. She reviewed that the property contains one 5,000 square foot building but is otherwise vacant. The property is interested in using the property as a recycling facility, which requires the request to Heavy Industrial. The future land use is also heavy industrial, and the zoning is in alignment with the future land use. The applicant is here to answer any questions the commissioners may have. Ms. Cockcroft read the ordinance into the record. Rebecca Grohall of MBV Engineering, Inc., 1835 20th Street, Vero Beach, Florida. She is here on behalf of her client and is here to ask for the commissioners' approval in this matter. The site was designated in its future land use classification as heavy industrial about a year ago. This just shifts the zoning from industrial to heavy industrial. She called for any questions the commissioners may have. Ms. Kautenburg asked if nothing is being added or changing anything that is done on the property currently and now we are simply changing the classification of zoning. Ms. Bernard said that is correct. Ms. Kautenburg called for questions/comments from the commissioners. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OF REGULAR MEETING FEBRUARY 1, 2024 PAGE 10 Mr. Carter asked if the applicant made an application before within the last couple years for a recycling center. Ms. Grohall said there is a pending site plan application for the recycling facility. There being no other questions from the commissioners, Ms. Kautenburg opened the floor for anyone who would like to speak in favor of this change. There being no one, Ms. Kautenburg called on anyone who would like to speak in opposition to this change. Barbara Kipp identified herself as the neighbor on the north side. She asked what the difference is between industrial and heavy industrial. Ms. Bernard explained the difference between the two uses. Ms. Kipp asked for some details of the difference. Ms. Kipp asked if it is possible to put a buffer between her property and the applicant's property. Ms. Bernard said yes. Ms. Bernard said there are additional requirements for buffers that go with heavy industrial. Ms. Kautenburg said that when the site plan comes back there will be another meeting, and the close neighbors will get a notice of that meeting. Shannon Cook identified himself as the applicant. He has worked with staff and City Council for five years, and he has made sure that every small detail was covered. He is very pro neighborhood. He also owns other property behind the property in question. Ms. Battles asked if the owner could start operations with the facility as is. Ms. Bernard said the applicant has been under site plan review for several years. This is the first step. There is an existing building there, but staff wanted to make sure that everything is in order. Ms. Bosworth explained the history of the process that was followed to be certain that everything was done properly. She explained that Mr. Cook could use the building as it is right now, the particular recycling center he could not start until the site plan gets approved. There being nothing further, Ms. Kautenburg called for a motion. A motion recommending approval to City Council the changing of the zoning from Industrial to Heavy Industrial consistent with the City's current zoning map was made by Ms. Kinchen and seconded by Mr. Carter. Roll Call Ms. Battles -- Yes Ms. Lorusso -- Yes Ms. Geesey (a) -- Yes Ms. Kinchen -- Yes Mr. Haddix -- Yes Mr. Carter -- Yes Ms. Kautenburg -- Yes PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 11 MINUTES OF REGULAR MEETING FEBRUARY 1, 2024 Vote was 7-0 in favor. Motion passes. C. Quasi -Judicial Hearing -- PZC -- Recommendation to City Council -- Rezoning Amendment -- Old Public Works Compound, City of Sebastian, Applicant -- 100 Veterans Memorial Way -- 4.13+/- Acres -- MU (Mixed Use) -- PS (Public Service) Existing Zoning -- Requested Zoning CG (Commercial) Ms. Cockcroft read the ordinance into the record. Ms. Bernard said that the City is the applicant in this scenario. Staff is requesting to rezone the old Public Works Compound on Veterans Memorial Way. She said the current zoning is Public Service with a future land use of Mixed Use. Staff is asking to rezone it from Public Service to General Commercial which is how the property immediately to the south of this property is zoned. She said she would answer any questions from the commissioners. Ms. Bosworth said there was an exhibit with the ordinance that refers to the legal description, and the commissioners only got a portion of it. Staff caught it after the packets had been delivered, so staff wanted, for your records, to give you the other portion of the survey that will go with the ordinance if it is adopted. Ms. Bernard said she had nothing to add. This is a simple rezoning. Ms. Kautenburg called for questions/comments from the commissioners. Mr. Roberts -- He asked if this is the piece of property where the distillery wants to go. Ms. Cockcroft said that is not being considered tonight. Ms. Battles -- She asked if this is in preparation for the City to sell the property. Ms. Bernard said staff is looking at the highest and best use. Ms. Kautenburg -- She understood there were some ecological issues with the property, and she asked if they were taken care of. Ms. Bernard said her understanding is that they are currently in the process of being remedied. There being no one either in chambers or on Zoom who wished to speak, Ms. Kautenburg called for a motion. A motion was made recommending to City Council the rezoning amendment for the old Public Works Compound, City of Sebastian applicant, at 100 Veterans Memorial Way, 4.13 +/- acres, changed from Public Service to General Commercial. The motion was seconded by Ms. Kinchen. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OF REGULAR MEETING FEBRUARY 1, 2024 Roll Call Ms. Kautenburg -- Yes Mr. Haddix -- Yes Ms. Kinchen -- Yes Mr. Carter -- Yes Vote is 7-0 in favor. Motion carries. VIII. Unfinished Business -- None IX. New Business Election of Chairperson and Vice -Chairperson Ms. Lorusso -- Yes Ms. Battles -- Yes Ms. Geesey (a) -- Yes PAGE 12 Ms. Kautenburg called for nominations for Chairperson. Mr. Carter motioned to elect Louise Kautenburg to the position of Chairperson of the Planning and Zoning Commission. Ms. Kautenburg accepted the nomination. She called for other nominations. There being no other nominations for Chairperson, Ms. Kautenburg was duly elected to the position of Chairperson. Ms. Kautenburg called for nominations for Vice -Chairperson. Ms. Lorusso nominated Linda Kinchen for Vice -Chairperson. Mr. Carter seconded the nomination. Ms. Kinchen accepted the nomination. There being no other nominations for Vice -Chairperson, Ms. Kinchen was duly elected to the position of Vice -Chairperson. X. Adiournment There being no further business, the meeting was adjourned by Ms. Kautenburg at 8:05 p. M. BY: DATE: A MYOF HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 a FAX (772) 388-8248 www.cityofsebastion.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Ordinance No. 0-24-04 - Proposed Land Development Code Amendment - Article III amending sections relating to mobile food establishment operating requirements DATE: March 7, 2024 Agenda Item Title: Ordinance No. 0-24-04 In the spring of 2023, City Council was approached by a local mobile food truck vendor who requested that council reconsider the code to allow for more permitted days on a property. Currently, the Land Development Code allows "a mobile food establishment to only be permitted on a property for a maximum of no more than two days per calendar week". Staff has been directed by City Council to amend Article III - Sec. 54-2-3.6.(d)(4) to allow mobile food establishments to be permitted three days per calendar week. A first reading of the Ordinance has been scheduled for City Council on March 20t', 2024. Staff recommendation: RECOMMEND APPROVAL OF ORDINANCE NO 0-24-04 Alix Bernard, Director Community Development Department ORDINANCE NO.O-24-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.6 REGARDING PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian hereby finds that it is in the public interest to modify and update certain provisions of the code relating to Mobile Food Establishments; and WHEREAS, the City Council has previously established its intent to modify certain provisions of the Land Development Code with respect to mobile food establishments in order to promote the economic interests of the community; and WHEREAS, the Local Planning Agency held a public hearing on March 7, 2024, and made a recommendation to City Council to approve/deny Ordinance 0-24-04. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Adoption of Recitals/Advertising. The above recitals are hereby adopted as true, correct and found to be the legislative intent of the City Council of the City of Sebastian. Further, all advertising and public notice requirements have been timely made. Section 2. Textual Amendment. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE III. SPECIAL USE, SPECIAL EXCEPTION AND TEMPORARY USE PERMITS Sec. 54-2-3.6. PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS. (d) Operating requirements. (1) Mobile food dispensing vehicles shall be self-contained when operating, and provide their own required trash and/or recycling receptacles, and receptacles for public use. Mobile food establishments shall remove all waste and trash at the end of each day of operation, and prior to vacating their location, and fully comply with F.A.C. Rule 61C-4.0161. (2) Under no circumstances shall grease or any waste materials be released into any stormwater system, tree landscaping area, sidewalks, streets, parking lots, or private/public property. Mobile food establishments shall be responsible to properly discard any waste material in accordance with federal, state, county, municipal, or any laws, rules, regulations, orders, or permits. 1 (3) No more than two mobile food establishments shall operate at the same location at any one time, except as may be permitted as part of an approved temporary use permit on privately -owned property as regulated in section 54-2-3.2. (4) Mobile food establishments are permitted on each property a maximum of no more than two three days per calendar week. (5) Class I mobile food establishments operating at a site for a duration longer than four hours shall have an agreement which confirms that employees have access to a flushable restroom within 150 feet of the establishment's location during the hours of operation. (6) Mobile food establishments shall not require the use of more than 10% of existing parking spaces. In addition to the location of the mobile food dispensary vehicle, a 10-foot by 10-foot area, covered or uncovered, may be permitted to accommodate seating and tables, if approved by the property owner. Section 3. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. Repeal of Laws in Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The sections of the Ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Kelly Dixon Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn 2 The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2024. CITY OF SEBASTIAN, FLORIDA ED DODD, MAYOR ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: JENNIFER COCKCROFT, ESQ., BCS CITY ATTORNEY Dorri Bosworth Subject: RE: RV Special Exemption - Continuance Request From: Ameron Homes [mailto:ameronh aol.com] Sent: Thursday, February 29, 2024 3:51 PM To: Alix Bernard Subject: RV Special Exemption - Continuance Request CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY attachments or clicking on links. ESPECIALLY from unknown senders. Good Afternoon, We are requesting a continuance for the meeting scheduled for 3/7/2024. Requesting to be moved to the April 4th Planning & Zoning Meeting. Please confirm receipt of this email. Sincerely, William Brognano 772-473-0469 Ameron Homes, Inc. P.O. Box 780874 Sebastian, FL 32978 PH 772-589-1299 FAX 772-589-1304 This email has been scanned for spam and viruses by Proofpoint Essentials. Click ere to report this email as spam.