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HomeMy WebLinkAbout06-06-2024 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES JUNE 6, 2024 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m. Pledqe of Allegiance -- was recited by all. Roll Call Prasant Ms. Kautenburg Mr. Carter Ms. Lorusso Ms. Battles Absent— Excused Ms. Matthews Also Present: Mr. Reno (a) Ms. Kinchen Ms. Geesey Mr. Roberts (a) Jennifer Cockcroft, City Attorney Alix Bernard, Community Development Director Dorn Bosworth, Community Development Manager Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer IV. Announcements and Aqenda Modifications Ea Ms. Kautenburg welcomed Mr. Reno as a new alternate member of the Commission, and she thanked him for volunteering. Ms. Kautenburg congratulated Ms. Battles on the birth of her new baby. She also announced that Ms. Matthews was excused from tonight's meeting and that Mr. Reno would be voting in her place. Ms. Kautenburg stated shewas pleased to see so many members of the public in attendance this evening and explained the procedure for members of the public who planned to speak. Planning & Zoning Commission/Local Planning Agency June 6, 2024 Ms. Bosworth called the Commissioners' attention to the items next to each commissioners chair: A copy of the RM-10 Ordinance, which was codified to put into their Code books, and copies of the Ordinances thatwere approved in April by City Council updating some of the new processes for the Commission. Ms. Bosworth stated that tere will be a meeting on June 20th howeverthe next scheduled meeting would be July 41h, and that meeting will be canceled. She was notsure aboutthe second meeting in July. V. ADoroval of Minutes: Regular Meeting of March 7, 2024 There being no additions or comments, Ms. Kautenburg called fora motion approving the Minutesof March 7, 2024 as presented. A motion approvingthe Minutesof March 7, 2024 as presented was made by Ms. Geesey, seconded by Mr. Carter, and approved unanimously via voice vote. VI. Local Planninq Aqencv (LPA) Public Hearings A. Public Hearing — Recommendation to City Council — Small Scale Comprehensive Plan Future Land Use Map Amendment -- St. Lucie Development Corporation, Applicant -- AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR PROPERTY CONTAINING 20.38 ACRES LOCATED EAST OF SCHUMANN DRIVE, NORTH & EAST OF DAY DRIVE, AND SOUTH OF DAHL AVENUE, OR SPECIFICALLY LOTS 15 TO 28, BLOCK 583, LOTS 1 TO 28, BLOCK 582, AND LOTS 2 TO 29, BLOCK 581, SEBASTIAN HIGHLANDS UNIT 17. THE EXISTING LAND USE DESIGNATION IS LDR (LOW DENSITY RESIDENTIAL, 5 UNITS/ACRE) AND THE REQUESTED LAND USE IS MDR (MEDIUM DENSITY RESIDENTIAL, 10 UNITS/ACRE) Ms. Kautenburg opened the hearing, and Ms. Cockcroft read the item into the record and called on the applicantto present their testimony. Speaker oath cards were collected and given to the Chairman. Wesley Mills, Mills, Short & Associates, appeared for the applicant. He described the property in question and reviewed the history of this property as to rezoning and howthe property will be compatible with the surrounding uses. He reviewed and emphasized the environmental concerns. There are a few gopher tortoises, which will be relocated. Regarding traffic, the increase in traffic is pretty small, and because of the small size of the property, it does not warrant a traffic study, and it is well below the thresholds of warranting a traffic study. He will get into the details of that later. Capacity for water and sewer was studied. The increase in capacity is 15,000 gallons per day, which is a small amount of the capacity of the County. He stated thatonly 1,200 acres of vacant land are able to be developed within the City of Sebastian. Of that 1,200 acres, only4.5% is zoned multifamily, and 57% is single family Planning & Zoning Commission/Local Planning Agency June 6, 2024 residential. He estimated that, if the applicantwere to develop a project in the current configuration, they would be looking at homes with starting prices of $400,000.00 going up to probably $600,000.00. That is just not attainable housing. The current project is one step toward the achieving of attainable housing. The median income forresidents in Sebastian is approximately $50,000.00. As far as a mortgage payment, that gets one into about a $200,000.00 home. This application is really in an effort to meet the City's Comprehensive Plan. All through the Comprehensive Plan, itsays thatthe City's goal is to achieve attainable housing forthe normal working person in Sebastian. He stated he would be happy to answerany questions. Ms. Bosworth reviewed and explained the history of what is before the Commission ton ightand why it is listed twice on the agenda. She presented a map on the screen, and pointed outwhere this property is and how itwill be accessible once it is developed. She also described the traffic study that was made. She emphasized that tonight's meeting is only regarding the land use and zoning; it does not address any design. Shedisplayed additional maps which showed the current low -density residential and medium density residential land use as well as the commercial limited that has townhouses and assisted living along with applicable data regarding multi -family zoning property taken from the Comprehensive Plan. She also answered Ms. Kautenburg's question regarding greenspace, setbacks, etc. She reviewed and explained the staff report and the request for the land use, and staff feels it meets the criteria from the Comprehensive Plan, and staff recommends that the Commission give a recommendation to City Council to approve. Ms. Kautenburg called for public input, and she described the procedure that is to be followed. Shefirst called for inputfrom those who are opposed to the change inland use. Michael Conapacke,108 Thunderbird Drive — He would like to know whatthe reason is for requesting the amendmentto the zon ing map forthe subject parcel from residential single family to residential multifamily. The area under discussion is surrounded essentially by single-family homes. The plan is to intrude into that area with multifamily homes. He also asked whatthe definition is of multifamilyunit. He asked aboutwhether the traffic impact has been considered at the intersection of Schumann D rive, Thunderbird Drive, and the new Sunburst Circle. He asked if the units in the parcel will be connected to City sewer, or will septic tanks be allowed on canal -front property. He asked if the impact on Pelican Island Elementary School has been considered. Chairman Kautenburg informed the speaker that questions would be addressed after public input was closed. Tom Lohr, 116 Thunderbird Drive — He first came to Sebastian 20 years ago due to the quality of life. He noted at thattime thatSt. Lucie County lies to the south and Melbourne the north. His opinion was that those two counties were being overdeveloped. At that time, Sebastian seemed to be a very laid-back city with a great quality of life. He now sees Sebastian as a place where we can accommodate a lot of growth. He asked if Planning&Zoning Commission/Local Planning Agency June 6, 2024 Sebastian really needs to do that. He hopes the members of this Commission are really thinking hard about the direction they would like to see Sebastian going into the future and preserving the quality of life of the many who have come here for continues. He recalled that Mr. Mills' presentation spoke about taking the first step and getting it rezoned, and then we will address details later. He is concerned aboutthat idea, and he would like to have more information on that. Marilyn Dubee, 1302 Schumann Drive —After she and her husband having served our country for many years, they moved to Sebastian in 2014 because of the peaceful atmosphere of the City. She is strongly opposed to the rezoning request from low density to medium density. She is concerned about the impact with additional septic systems. She asked if there will be City sewer as well as runoff into the canal. She is also concerned with the impact on infrastructure. She strongly recommends to City Council and this Commission to considerthe many impacts of this type of construction. Bart Edwards, 162 Day Drive -- Since 1988 he has worked in the construction industry. He disagreed with whatMr. Mills stated regarding septic estimates. He is also concerned about the impact on traffic and other infrastructure. Deborah Gravely, Sebastian— She reviewed what the affordable housing parameters are in general. She stated that as of today Sebastian has zero affordable housing units available. The waiting list fora housing voucher is two years. She is in favor of the City of Sebastian rezoning available lots and allowing more affordable housing units so that the people who live and/or work here can afford to live here. Ronald Blank, 164 Day Drive — He stated that people like to have affordable housing available. He would liketo have a traffic flow study done before this project goesforward. He suggested that there are plenty of areas off US1, and we should consider what is being done and get the proper studies. He also asked why the Spirit of Sebastian does not offer affordable housing. Debra Ann Colavita, 122 Justine Drive — She appreciates the efforts to manage the growth in Sebastian. Her objection is to duplexes. She opined that most duplexesare investor owned and rental properties. As far as affordability, rents in Sebastian have skyrocketed since COVID. Rents are $1,800.00 to $2,200.00 and above for duplexes, etc. This is notgoing to help the person who needs affordable housing. She asked why $200,000.00 to $300,000.00 homes cannot be built, such as Habitat for Humanity is doing. She sees no difference in the tax revenue between a single-family home and a duplex. She is also concerned about the destruction of trees and wild animals. Tony Kraus, 157 Miller Drive — He agrees with most of the comments that have been made tonight. He is opposed to multifamily housing. He believes that there should be affordable housing, just not in this particular area. Mike Rose — withdrew n Planning & Zoning Commission/Local Planning Agency June 6, 2024 R. J. MacMillan He is a lifelong resident of Indian River County. He thinks that people have the right to develop their property. He suggested thatwe have an extreme need for affordable housing, and it is always easierto say ifs better to go to anotherneighborhood. He agrees that there needs to be proper buffers and zoning, which he believes will be done. He added that taxes on rental properties are higherthan forsingle-family homes. He thinks with the proper buffers and other requirements, this is an ideal situ ation to have it in that neighborhood. Ben Hall, 1266 Schumann Drive — He is a local business owner, homeowner, and has been hereabout six years. He lives right in between both of these entrances where the most impact will be on the traffic. There is a lot of traffic on Schumann already, especially when there is anaccidentonUS1 or anywhere nearby. He addressed flood zones. There is a flood zone all around the canal area. These properties are going to haveto be built much higherto be above the flood zones. He stated that, with multifamily housing, there is not less people than single-family housing. Jim Buffington -- Hestated he ownsthe lotat the comerof Schumann andThunderbird. He is concerned about having a traffic study. Ms. Bosworth said there will be answers to a lot of the questions after the publicinputis completed. Mr. Buffington said he has not seen any additional plans for Schumann, and he is concerned about the traffic at the comerof Thunderbird and Schumann. Ms. Kautenburg closed the public input and called for Commission deliberations and questions. Ms. Bosworth reviewed the procedures, andsaid then Mr. Millscan answerthe questions on plans. She did emphasize that this hearing is just on land use and zoning. This Commission will make a recommendation to City Council, and City Council is going to havetworeadings ofthe ordinance ifthey wish tograntthisrequest. Those who received notice of tonight's meeting will definitely receive letters for those City Council meetings. If the land use and rezoning are approved, the next step for the developer is to come in with a preliminary plat. That is the design of what he would like to build. Thatisthepoint at which he has to submitwith that application a fullyvetted environmental report from a certified environmentalist. A full traffic analysis is required at that time. They are also required to go to the school board and get a letter from the school board that calculates how many children are estimated. They then analyze all of the school districts in Sebastian and let staff know if they have capacity for those students. If they do not, the developer may have to give money to add onto those schools. That preliminary plat also goes before the Planning and Zoning Commission and City Council, and the publicwill also receive letters forthat. All that information is set forth in the public records. At that point, the applicantwill come in with the actual construction drawings. She explained that this subdivision is required by the Code that any stormwater that this subdivision would generate must stay on their property. It does not go into the canal. The Code also requiresthat, if you are in afloodzone, you are requirecito work with FEMA to putenough fill on that property to remove the property from a flood zone. So, there are a lot of development parameters that still haveto meet approval of the land use and zoning. At Planning & Zoning Commission/Local Planning Agency June 6, 2024 this point, the developer is not given full range at this point to develop the property. It takes time. She said that Spirit of Sebastian was approved in 2018; they had their grand opening today. Mr. Mills then addressed the concerns voiced by the public. He understands their concerns. He stated that the future land use and the rezoning would allow for single family and does allow for multifamily duplexes. Duplexes are not the applicant's plan at this point. As far as what can be built, Ms. Bosworth covered that. Regarding traffic study, with the actual project they will provide a traffic analysis. As to sewage, he understands the significance of the lagoon and the impact that septic systems h ave on it. This project will be tied into Indian River County's sewer system. As far as a school capacity analysis, that will be done with the project because at that point they will know how many units are being asked for. Regarding stormwater impacts, there will be a review through the City, and they will have to meet all of their stormwater requirements as well as St. John's Water Management District and the lagoon as an impaired water body. So, there are extra treatment requirementsfor the stormwater, and they will have to comply fully with that. As far as roadways are concerned, the significance of abandoning the plan he talked about earlier, when they come in with a new project, the roads will have to be private. They will not be the responsibility of the City. The project will pay for impact fees. Some portion of those fees will go towards the City of Sebastian for capital projects. Regarding tree impacts, if the project goes forward there will not be a single tree remaining on that site. That is because of all the other requirements such as buffers, etc. When the application is presented, it will be reviewed as a new site plan. There is a sign ificantwaiton thatsite plan thatthe applicant is compatible with the existing conditions of historic trees, specimen trees, and that will be taken into accountwith the design. As far as the flood zone question, probably less than 1% of the site is located within theflood zone. With the new project, there will haveto be landscape buffers. So not single housewill be builtin the flood zone. If there is any work within the flood plain, the applicant will have to provide compensatory storage to offset that volume. He understands the concerns aboutthe quality of life. Atthe end of the day, he said thatthis is a small project. He does not think by approving this small project that it changes the dynamics of Sebastian in that sense and will impact the quality of life. Mr. Sheridan — He asked if the existing seawall is on the property. Mr. Mills said the seawall is right on the right-of-way, right on the property line. He cannot differentiate if it is on the line by looking at the maps that he has here. He also stated there is a drainage and access easement. Mr. Mills added that, if the project moves forward with the 70 platted lots vs. a rezoning, it would make no difference whether it is investor owned or homeowner owned. Ms. Kautenburg called fordeliberations by the commissioners. Ms.Geesey — She has studied this matter closely, and this is contiguousto single-family homes. Regarding investor -owned properties, there are some of these in the City that need to be condemned, and she does notwant to see a lot of investor -owned property. 2 Planning & Zoning Commission/Local Planning Agency June 6, 2024 She is an animal lover. She plans to call the Florida Wildlife Commission to get information on relocation of gopher tortoises. She realizes Sebastian needs development, butwe need to control that development. Ms. Battles — She would say the one topic of conversation this eveningwas traffic. She would like Mr. Mills to address the question of where the average daily trips come from for each classification. Mr. Mills stated thatthere is a standard manual —the ITE-as it's referred to, and the current edition is the 11th edition. So, when a traffic consultant is requested to do a traffic analysis, all the consultants go to the same manual, and they have a list of lane -use classifications and with those classifications, it is an industry - developed standard for rates based on the types of uses, and you apply those rates based on the uses. Mr. Reno asked about maintenance and location of the seawalls. Mr. Mills stated they will be addressed during design and working with the Engineering Department. Ms. Kautenburg — She stated that she has worked on the Comprehensive Plan forthe City of Sebastian three different times. Each plan lasts ten years. Each comprehensive plan that has been adopted by the City of Sebastian has had an element in it that says we must encourage some affordable housing for the people who work here. We have neverdone anything in 30 years. In the last comp plan, we again came up with language that we must have some affordable housing. This year, for every proposal that comes before this Commission, we ask please, can you provide a certain element of affordable housing in your development. Someone asked why aren't we putting it in other places. She also spoke on the negative impressions that come when affordable housing is discussed. Affordable housing is notjust for the workforce. Its for people who can no longerlive in their present houses. She emphasized that presently there is noneof that availability, none whatsoever. The lowest rent available today in the City of Sebastian is $1,800.00 per month, andthere is onlyone. Building things thatare not necessarily the way we have always pictured them has become a necessary thing for us to consider. When wealso considerthesethings,this Commission also seriou sly considers the quality of life for the surrounding area as well as the quality of life that can be provided to those incoming residents. She stated that we really do need to build things forthe future. She explained that tonight's question is do we change the zoning? And we don't even make that decision, we make a recommendation. As far as what will be there and exactly what it will look like, that is way down the road. There being no further deliberation, Ms. Kautenburg called for a motion. A motion was made for recommendation to City Council of Small Scale Comprehensive Plan Future Land Use Amendment — St. Lucie Development Corporation, Applicant — an amendmentto the Comprehensive Plan future land use map for property containing 20.38 acres located east of Schumann Drive, north and east of Day Drive, and south of Dahl Avenue, or specifically Lots 15 to 28, block 583, lots 1 to 28, block 582, and lots 2 to 29, block 581, Sebastian Highlands Unit17, the existing land use designation is LDR (low - VA Planning & Zoning Commission/Local Planning Agency June 6, 2024 density residential, 5 units/acre) and the requested land use is MDR (medium -density residential, 10 units/acre) by Ms. Battles and seconded by Ms. Lorusso. Roll Call Ms. Kinchen —Yes Mr. Reno -- Yes Ms. Battles — Yes Ms. Geesey — No Ms. Kautenburg —Yes Ms. Lorusso — Yes Mr. Carter — Yes Vote was 6 to 1 in favor. Motion carries. (SHORT BREAK TAKEN.) (BACK ON THE RECORD.) VII. Planning and Zoning (P&Z) Commission Quasi -Judicial Hearings A. P&ZQuasi-Judicial Public Hering — Recommendation to City Council— Request for Rezoning — St. Lucie Development Corporation, Applicant — An Amendment to the City's Zoning Map for Property containing 20.38 Acres located east of Schumann Drive, North & East of Day Drive, and South of Dahl Avenue, or Specifically Lots 15 to 28, Block 583, Lots 1 to 28, Block 582, and Lots 2 to 29, Block 581, Sebastian Highlands Unit 17. The Existing Zoning is RS-10 (Residential Single Family,10,000 SF parcels), and the Requested Zoning is RM- 8 (Residential Multi -Family, 8 Units/Acre). The City Attorney read the item into the record. Ms. Kauten burg asked the Commissioners if they have had any ex parte communications on this item. Ms. Lorusso said she drove by the site. Those wishing to speak who have not signed the oath card, were swom in by the City Attorney. Mr. Wesley Mills of Mills, Shortand Associates said he does nothave much to add given the lengthy conversation that was already had. He said he would be happy to answer any questions. There were no questions. Ms. Bosworth addressed the rezoning, the second part of this request. She entered into this hearing anything that was discussed and any data and information that she had presented forthe land use. She explained thatthis would rezone the property from RS- 10, which is the 10,000 SF lots, to RM-8, 8 units per acre. That does allow for single- family houses, duplexes, multi -family homes, which could be townhouses, apartments, or patio homes. It also allows for some low -impact uses such as daycares and Assisted Living Facilities. Staff recommends approval. Planning & Zoning Commission/Local Planning Agency June 6, 2024 There were no questions or comments from the commissioners. Ms. Kautenburg then opened the floor to anyone who wished to speak on this matter. Brent Wohlenberg — He described all cars, boats, planes and everything that bums fossil fuel as carbon monoxide. When carbon monoxide comes in contact with water, it makes carbonic acid. A lot of issues that are present now have to do with the organic material being preserved in carbonic acid. There is nowfoam on the beaches and is the acid from the lagoon turning the beaches to liquid. There being nothing else on this matter, Ms. Kautenburg called for a motion. A motion recommending approval for the change in zoning from single family to medium density residential was made by Ms. Battles and seconded by Ms. Kinchen. Roll Call: Ms. Lorusso — Yes Ms. Kinchen — Yes Ms. Geesey — No Mr. Carter — Yes Mr. Reno — Yes Ms. Kautenburg — Yes Ms. Battles — Yes Vote was 6-1 in favor. Motion carries. B. P&ZQuasi-JudicialPublicHearing -- Recommendation to City Council-- Special Use Permit -- Big Dan's Car Wash — 1979 U.S. Highway#1 -- Community RedevelopmentArea -- RiverfrontOverlay District — Commercial Riverfront(CR) Zoning District The City Attorney read the item into the record. Ms. Kautenburg asked if there have been any ex parte communicationson this item. The commissioners answered no. Ms. Kautenburg called on the applicantto make his presentation. Jason Sheridan, P.E. spoke on behalf of the applicant. He described the location of the site as well as the other businesses in the area, the traffic flow on U.S.1, and access to the property. He reviewed a PowerPoint presentation which showed the property and the access in detail. He described the proposed building and accessory structures in detail. He said there are currently utilities serving the site. He noted there were comments in the staff report regarding existing car wash sites within the general vicinity of the proposed site. The three that exist now are all self -serve car washes that do not really compete with the express car wash. The car wash will be along U.S.1, which gets approximately 22,000 vehicles a day. The car wash averages about 150 vehicles a day. He spoke about the current deed restrictions thatWalmart has on the subject property. It has been vacant for some time. Planning & Zoning Commission/Local Planning Agency June 6, 2024 Ms. Kautenburg called on staff to make their presentation. Ms. Bosworth reviewed the two carwashes that came before this Commission last year. They were both approved by City Council. One of the carwashes has withdrawn their interest, and the previous carwash on this site withdrew their interest also. This hearing is strictlyfor the use, which is a special use permit request. There is nothing in the City's Land DevelopmentCode regarding carwashes, so we go through this process to get the use approved first. If it is approved, then the applicantwill come in with a site plan. That site plan will come before this Commission. They will have to meet all the requirements that any site plan in the Riverfront Overlay District wou Id need to meet. Ms. Bosworth reviewed staff's concerns and elaborated all of their concerns. She added that any otherconditions thatthis Commission would like to consider and/or City Council, those would be added into a resolution if this is approved. 1. Proximity to Existing Car Wash Facilities 2. Site History 3. Proposed Elevations & Conceptual Site Plan 4. Noise Ms. Bosworth reviewed that there are criteria per the Code that this Commission is required to see that they satisfy the criteria. Staff does feel that it does meet all those criteria, and staff at this point asks you to consider this request and make a recommendation to either approve the special permit request, approve it with conditions, or deny it, and make that recommendation to City Council. Mr. Reno — asked if the three-year expiration date for this application is typical. Ms. Bosworth stated th at th ere were a few applications in the past wh en expiration dates were not added into the application. So, even 10 years later they were applicable. Staff feels that adding an expiration date is sound planning so that, ifthere are anyconditions in City planning that have changed in a few years, if this expires and they want to come back and reapply, this can be reconsidered. Mr. Reno asked if the lift station on site is viable. Mr. Sheridan said there will be a new lift station thatwill be redesigned Darcy Leesburg — asked when the three-year period begins. The three years starts on the date of approval if construction has not begun. Ms. Battles — As far as staff's recommendation to keep the specimen trees, does the applicant see any issue with doing that. Mr. Sheridan stated that previously there was no issuewithit. On this one, it is a little more conservative around the perimeters. Theonly trees that are going to be impacted are within the site, not along the property line. Ms. Battles asked regarding the gate that is on the drawing. She asked that the intent is that the applicant would direct traffic to the rear. Mr. Sheridan stated that gate would be for after hours. Ms. Bosworth reminded the commissioners that this application tonight is justforthe use. The access forthe site had been discussed on a previous site plan. Ms. Battles asked why the previous applicant did not pursue the project. Mr. Sheridan said that he is the engineerfor both applications. He stated he was just told to stop by the E4] Planning & Zoning Commission/Local Planning Agency June 6, 2024 franch iseatthat point. So, he did not ask the fin an cial reasons. He was just told to stop the design. There being no further input or discussion on this matter, Ms. Kau ten burg called for a motion. A motion recommending approval of the project to City Council forthespecial application of Big Dan's Car Wash with the conditions from staff was made by Ms. Battles and seconded by Ms. Lorusso Roll Call: Ms. Battles -- Yes Mr. Reno -- Yes Ms. Lorusso - Yes Mr. Carter-- No Ms. Geesey -- No Ms. Kautenburg -- Yes Ms. Kinchen -- Yes The vote was 5-2 in favor. Motion carries. VIII. Unfinished Business -- None IX. New Business -- None X. Adiournment There being no further business, Ms. Kautenburg adjourned the meeting at 8:00 p.m. jg 11