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HomeMy WebLinkAbout12-18-2025 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES REGULAR MEETING, THURSDAY, DECEMBER 18, 2025 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m. II. Pledae of Alleaiance -- was recited by all. III. Roll Call Present: Mr. Roberts (a) Ms. Lorusso Mr. Garton (a) Mr. Reno Ms. Kautenburg Ms. Geesey Mr. Carter Absent: Ms. Battles -- Excused Ms. Kinchen - Excused Also Present James Stokes, City Attorney Alix Bernard, Community Development Director Dorri Bosworth, Community Development Manager Jim Mann, Principal Planner Michelle Faulkner, Senior Planner Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer IV. Announcements and Aaenda Modifications: Ms. Kautenburg congratulated and welcomed Mr. Reno, who is now a permanent, full- time member of this Commission. She also welcomed Mr. Roy Garton, who is now filling Mr. Reno's previous position as an alternate. She stated that at tonight's meeting, both Ms. Battles and Ms. Kinchen have been excused. Thus, the alternate members, Mr. Roberts and Mr. Garton will be voting in their places. Ms. Kautenburg stated that Item 7-A is a Preliminary replat, and the applicant has requested that that be tabled. If there are no objections, she would like to make that the first item on our agenda. In the event that there is anyone here for that, they can leave early instead of waiting until the end. She asked if anyone had any objections. There were none. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING DECEMBER 18, 2025 V. Approval of Minutes -- Regular Meeting of November 6, 2025 All Commissioners having indicated that they had reviewed the Minutes of November 6, 2025, Ms. Kautenburg called for a motion. A motion accepting the Minutes of November 6, 2025 as presented was made by Mr. Carter, seconded by Ms. Lorusso, and approved unanimously via voice vote. VII. Planninq and Zoninq (P&Z) Commission Public Hearings The City Attorney read the item into the record. A. Public Hearing-- Recommendation to City Council -- Preliminary Re -Plat -- Maxwell-Schumann Commercial Subdivision -- Replating of 1.93 acres consisting of eight lots to a two -lot commercial subdivision with proposed stormwater tracts, ingress and egress easements, necessary improvements, and including previously agreed upon off -site improvements. Current Zoning is CG (Commercial General) and Future Land Use is CG (General Commercial). REQUESTED TO BE TABLED TO THE JANUARY 15, 2026 MEETING. Mr. Stokes stated that this action is a formality in order to engage in future advertising. He added that, now that this item has been requested to be tabled and the Commission has agreed, we do need to table it to a date and time certain in order that the public has ample notice as to when this item will actually be heard. Ms. Kautenburg stated that the above item has been tabled until January 15, 2026, at 6:00 p.m., which is when it will be heard. Ms. Kautenburg called for a motion on this matter. A motion tabling Item VII-A on tonight's agenda until January 15, 2026 at 6:00 p.m., that being a Preliminary Replat of the Maxwell -Schumann Commercial Subdivision, was made by Mr. Reno, seconded by Ms. Geesey, and approved unanimously via voice vote. VI. Planninq and Zoninq (P&Z) Commission Quasi -Judicial Hearinqs Mr. Stokes read the item into the record. A. Quasi -Judicial Public Hearing -- New Site Plan + Conditional Use Permit + Waiver Request -- Ameron Boat & RV Storage Facility -- 45 Ashbury Boulevard -- 3.8 Acre Development along with Associated Site Improvements -- CG (General PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING DECEMBER 18, 2025 Commercial) Land Use, CG (Commercial General) Zoning District -- Conditional Use Approval for an Outdoor Storage Facility Within the Sebastian Triangle Overlay District -- Waiver From Triangle (Riverfront) Overlay District Prohibited Front Yard Fence Materials Ms. Kautenburg explained the process for public input. She then asked if any of the Commission members have had any ex parte communications, conflicts, or any site visits to disclose. All answered no. All those who would be speaking on this matter were sworn in. Ms. Kautenburg called on the applicant to make their presentation. Joseph Schulke, P.E., with Schulke, Bittle & Stoddard, stated that he and Mr. Brognano, who is the applicant, are here as well as his attorney. Mr. Schulke stated that they have gone through the Staff Report, and they concur with all the City staffs find- ings. He said that they have been working on this application for over a year. He reviewed the history of the previous application and the changes that have been made to the present application. He stated he would be glad to answer questions or comments. Ms. Bosworth reviewed what is in the Staff Report, after which she stated that staff feels that the applicant does meet all the requirements of the Code, the Riverfront Overlay District, the conditional use criteria, and staff is recommending approval of all of those requirements, as well as the five recommendations of approval contained in the Staff Report, which are: 1. Prior to installation of the proposed RV dumping station, if constructed, copies of approvals by applicable jurisdictional agencies, including Indian River County Utilities and the Environmental Health Department, shall be submitted to staff. 2. As a large portion of the native vegetative buffer is being retained, the applicant has not proposed the specific number of hedges and shrubs that will be planted as would otherwise be required per Code for the Perimeter Buffer. As such, at the time of the Final Zoning Inspection, staff reserves the right to require additional planting of native vegetation in the buffer areas in which voids have been created during the development process, such as and not limited to, those from removal of invasive exotic vegetation, creation of the drainage swales, installation of fence materials, etc. Additional vegetation shall also include canopy and understory trees, if warranted. 3. A revised irrigation plan, relocating the main line from the middle of the vegetative buffer, and in accordance with LDC Sec. 54-4-18.4(f)(4) & 54-3-14.13, and in response to staffs comments dated 12/3/25, shall be submitted to staff for review, and approved before issuance of the Commercial Landclearing permit. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING DECEMBER 18, 2025 4. Per Riverfront Overlay District Requirements, the proposed lighting fixtures on the canopy fascia must be revised to a decorative type, and an updated Photometric plan submitted to staff, and 5. Roof colors of the canopies and office building must be the same. An actual color swatch from the roof and/or canopy manufacturer shall be submitted to staff to verify compliance with approved Riverfront Overlay District colors before issuance of the building permits. Ms. Kautenburg called for questions/comments from the Commission members. Ms. Geesey commented regarding the fence. She would prefer green chain link instead of the black. That would make it less likely to be seen. She asked if Ameron has other facilities of this type in the area. Ms. Bosworth stated Ameron is a general contractor with an office on County Road 512. Regarding the parking, she asked what is an HC space. Ms. Bosworth stated that is a handicapped space. Ms. Geesey also asked if the 353- square-foot building is the only building on the property. Ms. Bosworth said that is correct. Ms. Geesey asked regarding tortoises. Ms. Bosworth stated there was an environmental assessment. There are some tortoises on the property, but staff already has the FWC relocation permit, and all tortoises will be relocated off that site. Mr. Garton has some concerns about the dump station, but Ms. Bosworth addressed those concerns, and Mr. Schulke stated that there will only be one dump station. Ms. Lorusso is concerned that there be language to the effect that people who utilize this facility cannot live in the vehicle while it is parked there. She also asked if there will be good directional signs so people who use the facility cannot miss it and end up driving their RV up through this subdivision. Mr. Schulke stated that the signage will be very evident as to where you turn in at the median. Ms. Lorusso asked if there is a timeframe on a waiver. Ms. Bosworth said sometimes staff puts one on; however, she knows that the applicant wants to start this soon, so staff did not see the need to add a time limit on it. She also addressed the queueing. After discussions, the applicant did work with staff by pushing the gates farther into the site so that there is at least a queueing space for a boat and RV, and they widened the entrance so that there are two lanes for two vehicles with boats at the same time to come in. Mr. Reno asked if there is going to be water service at the washdown area. Mr. Schulke said there will be a hose bib, and that will be put on a timer so that it will shut off automatically in five minutes. Mr. Reno asked if the canopies are going to have gutters. Ms. Bosworth said staff will look at that when the building permits come in. Mr. Reno asked if scrub jays should be added as part of the amendments. Ms. Bosworth said staff did require a separate scrub jay survey, and she believes there is something that stated PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING DECEMBER 18, 2025 there were no scrub jays within the radius that would require a separate scrub jay survey. Mr. Roberts stated he did not see in the staff report anything about overnight visitors or people wanting to stay in their RVs overnight. Ms. Bosworth said there are no electric hookups for any of the spaces. She said if Mr. Roberts is concerned about that, the Commission members can add language to that effect as part of your approval. Mr. Roberts asked about operating hours, people coming in and out. Mr. Schulke stated there will be 24-hour access for the gates. No one will be living in the RVs, as it is prohibited by the City, and there is a liability issue as well. Also, there is not enough electricity there to run a whole RV. Mr. Roberts also asked about the lighting. Ms. Bosworth stated that, if the lights are on all night, based on the proposed lighting, you will see that when it gets to the property line they are down to zero lumens. So there is no lighting that is going off site from the facility. Mr. Schulke added that the lights are shielded also. Ms. Kautenburg stated she is concerned about storing flammables. Ms. Bosworth said there is not a storage unit where there would be several cans of gasoline, etc. Regarding the washdown area, Ms. Kautenburg asked if there will be reclamation of the water. Mr. Schulke said that the grading of the pavement is such that the stormwater on all the pavement other than the washdown area goes to the inlets. The area that is identified as a washdown area drains to a curb, goes to an inlet, and goes into an oil and sediment, like a grease trap. It traps any floating debris, sediment, etc. From there, it will go into the retention area. Ms. Kautenburg asked if the sign is going to be eight feet tall. Ms. Bosworth said the maximum light can be ten feet, and most of the signs along County Road 512 are eight to ten feet. All the dimensions of the signs will be addressed along with the building permit. She added that the eight feet number is from the ground to the top of the sign. It's not the copy area that is eight feet tall. There being no further questions/comments from the Commission members, Ms. Kautenburg called for public input. Jim Hunt, Sebastian -- Mr. Hunt identified himself as a resident of the Ashbury community. He addressed the purpose of the chain link fence, which was listed on their request as to insure that they had aesthetically pleasing fencing around the property. He stated that the aesthetics that we have are going to be disturbed in their entirety by this project. He said that he wants to make sure that any fencing in place provides adequate coverage so that it's opaque. He described that the RV vehicles themselves can reach 12 feet in height, and the fencing should not be 4-6 feet. He opined that the traffic issues such as the number of cars has been understated, not so much in its volume, but the fact that these are large vehicles, and they can reach up to 53 feet in length. So when 2 or 3 of those are queued, you can easily create quite a blockage in the 84 feet that they have available to them when entering Ashbury Boulevard. The vision of people in vehicles PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING DECEMBER 18, 2025 exiting the subdivision will not be able to see past them into oncoming traffic coming westbound on County Road 512. He mentioned that there was recently a fatality at that intersection. He stated there are also some issues with the dump station, and he stated that the residents would be opposed to having a dump station on site. He also stated that there should be caution with the washout station. There will be essentially gray water dumping into the cleanout area. It needs to be clear how that water will be treated before it makes its way into the Lagoon. He mentioned that the gopher tortoise study that was done is well over a year old. Peter Sarasek -- He is a resident of the Ashbury subdivision. He totally endorses all the concerns voiced by Mr. Hunt. His primary concerns are that there is a lot of traffic already generated by 193 residential homes in the subdivision and by other vehicles such as moving vans and delivery trucks. He stated that Ashbury Boulevard is part of a street, and now they are going to open it up and give an entrance to another development. He wonders what the impact of that development is going to be on the area that the residents have to drive through. He suggested that it will create a safety concern. Greg Pronko -- He lives at 122 Briarcliff Circle. He stated that this development is going to drive down the value of the properties. He reviewed that there are several storage areas along Route 1, and he does not see the need to put another one in a residential area. Also, there are children next door at the elementary school. He described that he does have an RV, and including the car being towed behind the RV, it is about the length of a tractor trailer. So these are not small vehicles, and they will create too much congestion. He added that a lot of these RV storage areas turn into junkyards. People abandon their RVs and their boats. He does not think that is good for the residents of Ashbury. He also addressed the gray water problem and the traffic accidents in the area. Lee Burlingame -- He is a resident of Ashbury. He addressed the area that he opined is going to most impact the residents, which is the access and egress from this property. He reiterated what some of the other speakers had discussed. He also suggested it might be better to put entrance and exit to and from the facility on County Road 512. Vicki Haun -- She is a homeowner in Ashbury. She reviewed the history of Ashbury, and she opined that Ashbury Boulevard belongs to the HOA, and how is another entity allowed to use the private road. The HOA is responsible financially for the upkeep of the roads. She also opined that an entrance and exit should be on County Road 512, not on Ashbury property. Nancy Scanlan -- She is a resident of Ashbury. She is concerned with traffic accidents in Sebastian, and she researched and found that the first place listed is on County Road 512. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF REGULAR MEETING DECEMBER 18, 2025 Henry Wall -- He addressed the request for a waiver regarding the fence. He stated that Ashbury has been mowing that section of road that they are building off of, and the vegetative buffer that was discussed does not exist in portions of that area. He also addressed the swale that has been proposed in that area, so there is not much chance for a huge buffer there. He also discussed the impact of this development on the value of the homes in Ashbury. He also opined that RV parks are not aesthetically pleasing. Allan Ennis -- He is a resident of Ashbury. He identified himself as being a registered professional engineer in Florida as well as other titles in other states. He stated that he agrees with the comments by the other residents. Regarding traffic, he is concerned with how the ingress and egress from the proposed development is going to be from a residential street. He is also concerned with the proposed buffer. He opposes the requested waiver from the Overlay District. Paul Speas -- He reiterated the history of the proposed project, being that the Planning and Zoning Commission turned this project down sometime ago. City Council overturned the Commission's decision and passed this to go forward. He agreed with what most people said. He asks that the commissioners bear that in mind when they make their decision. There being no further input from the public, Ms. Kautenburg called on the applicant to respond. Mr. Jonathan Rhodeback identified himself as an attorney, and he represents the applicant. He stated that this Commission's decisions are based not on feelings, not what people think is going to happen, but what is called competent substantial evidence under the law. He identified burdens that applicants have when these matters are submitted. He stated that opposition to a project is not uncommon. He further stated that the concerns that have been raised have been addressed by the experts with respect to traffic and access. Ms. Bosworth addressed the traffic off of County Road 512, and she stated there are no driveways for commercial entities on the north side of 512. She added that, for this particular property, it is not a part of the Ashbury subdivision. The RE is a 1-acre property on the other side of the Boulevard and is Tract A of Ashbury subdivision. That tract belongs to Ashbury. When that gets developed, it is also zoned CG. If they need to pay HOA fees, that is all within their HOA documents. She is not sure why that public access easement was put on a private road. She opined that it may have something to do with the drainage and the sidewalk, that Indian River County may have come back and said they are not going to grant any driveways off of Sebastian Boulevard. She also PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF REGULAR MEETING DECEMBER 18, 2025 said that the chain link fence is not going to be on the outside of the buffer that you see from the road. It is on the inside of the 20-foot buffer. She further clarified that what the staff has reviewed is in compliance with the Land Development Code and the specific part of the conditional use criteria. However, the conditional use code also required the commission to find that the use did not affect the public health and safety or cause adverse effects on adjacent properties. Ms. Kautenburg called on the commissioners for their deliberations/comments. Ms. Kautenburg reviewed what the commissioners are asked to decide regarding this application following which she called for a motion. There were questions by some of the commissioners regarding the wording of the motion. A motion by Mr. Reno was made approving the Site Plan, the Conditional Use Permit, and the Waiver Request for the Ameron Boat and RV Storage site located at 45 Ashbury Boulevard with all conditions as listed in the Staff Report, with one additional condition that there be no overnight stays, which was seconded by Ms. Geesey. Roll Call Ms. Kautenburg -- No Mr. Roberts (a) -- No Mr. Garton (a) -- No Mr. Reno -- Yes Ms. Geesey -- No Ms. Lorusso -- Yes Mr. Carter -- No Votes were 5 nays and 2 ayes. Motion is defeated. Mr. Stokes stated that there needs to be a motion to deny the request. Ms. Kautenburg called for a motion to deny the Conditional Use application. A motion denying the Conditional Use application including the additional considerations listed in the Staff Report for the following reason: "The Planning and Zoning Commission must also find that the proposed outdoor storage facility use is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected" as made by Mr. Roberts and seconded by Ms. Geesey. Roll Call Ms. Lorusso -- No Mr. Roberts -- Yes Ms. Geesey -- Yes Mr. Reno -- No Vote was 5 ayes and 2 nays. Motion passes Mr. Carter -- Yes Mr. Garton -- Yes Ms. Kautenburg -- Yes PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF REGULAR MEETING DECEMBER 18, 2025 VIII. Unfinished Business -- None IX. New Business -- None X. Adioum There being no further business, Ms. Kautenburg adjourned the meeting at 7:46 p.m. Chair Kautenburg reopened the meeting at 7:48 p.m. Interim City Attorney Stokes informed that clarification was needed due to the three items being denied based on the one vote. He advised that a roll call was not needed, just a consensus vote. Based on this vote, all three items were disposed of. There being no further business, Ms. Kautenburg adjourned the meeting at 7:50 p.m. By: Chairperson Kautenburg jg Date: