HomeMy WebLinkAbout08282014PZ MinutesALSO PRESENT: Frank Watanabe, PE, Community Development Director
Jan King, Sr. Planner
Robert Ginsburg, City Attorney
Dorri Bosworth, Planner/Recording Secretary
ANNOUNCEMENTS:
Chmn. Dodd announced that Mr. Durr was excused from the meeting and that Mr. McManus
would vote in his place.
APPROVAL OF MINUTES:
MOTION by Roth/Carter to accept the minutes of the August 7, 2014 meeting as submitted.
Motion was approved unanimously by voice vote.
OLD BUSINESS: None
NEW BUSINESS:
Chmn. Dodd noted that New Business Item C, the Watercrest Senior Living ALF, had been
withdrawn from the agenda.
A. ACCESSORY STRUCTURE REVIEWS – LDC SECTION 54-2-7.5:
1. 817 Cain Street - 18'X 32'(576 SF) Detached Garage –J. Clifton
2. 990 Streamlet Ave - 20'X 50'(1000 SF) Detached Carport– C. Strohecker
3. 699 Periwinkle Dr - 18'X 55.5'(999 SF) Detached Garage –A. Ferguson
1. 817 CAIN STREET: Ms. Bosworth reviewed the application, noting a custom-designed
garage was being proposed to be constructed on the homeowner's adjacent lot. The staff report
requested an auxiliary driveway permit be applied for, but she stated the homeowner told her the
culvert pipe was already in place and a permit had been previously issued. She stated the
application met all the requirements of the code, and staff recommended approval.
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Chairman Dodd called the meeting to order at 7:00 P.M.
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The pledge of allegiance was said by all.
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ROLL CALL: PRESENT: Mr. Roth
Mr. McManus (a)
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Mr. Dodd
Mr. Qizilbash
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Ms. Kautenburg (a)
Mr. Paul
Mr. Carter
Mr. Reyes
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EXCUSED: Mr. Durr
ALSO PRESENT: Frank Watanabe, PE, Community Development Director
Jan King, Sr. Planner
Robert Ginsburg, City Attorney
Dorri Bosworth, Planner/Recording Secretary
ANNOUNCEMENTS:
Chmn. Dodd announced that Mr. Durr was excused from the meeting and that Mr. McManus
would vote in his place.
APPROVAL OF MINUTES:
MOTION by Roth/Carter to accept the minutes of the August 7, 2014 meeting as submitted.
Motion was approved unanimously by voice vote.
OLD BUSINESS: None
NEW BUSINESS:
Chmn. Dodd noted that New Business Item C, the Watercrest Senior Living ALF, had been
withdrawn from the agenda.
A. ACCESSORY STRUCTURE REVIEWS – LDC SECTION 54-2-7.5:
1. 817 Cain Street - 18'X 32'(576 SF) Detached Garage –J. Clifton
2. 990 Streamlet Ave - 20'X 50'(1000 SF) Detached Carport– C. Strohecker
3. 699 Periwinkle Dr - 18'X 55.5'(999 SF) Detached Garage –A. Ferguson
1. 817 CAIN STREET: Ms. Bosworth reviewed the application, noting a custom-designed
garage was being proposed to be constructed on the homeowner's adjacent lot. The staff report
requested an auxiliary driveway permit be applied for, but she stated the homeowner told her the
culvert pipe was already in place and a permit had been previously issued. She stated the
application met all the requirements of the code, and staff recommended approval.
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Mr. Roth asked that since the auxiliary driveway was not in line with the new garage, did the
driveway curve through the vacant lot. The homeowner, Mr. James Clifton, stated he did not
expect to have a lot of vehicular traffic to the garage. The building was to be used to store his
tools and workshop items. Mr. Reyes verified that the garage would have electric.
MOTION by Roth/Carter "to approve the accessory structure for 817 Cain Street on Lots 16 & 17
as submitted, and with the staff comments."
Mr. Ginsburg requested that a public hearing be opened.
Chmn. Dodd asked if there was anyone in the public that was opposed or in favor of the
application. There was none.
ROLL CALL: Mr. McManus yes Mr. Qizilbash yes
Mr. Paul yes Mr. Reyes yes
Mr. Roth yes Mr. Carter yes
Mr. Dodd yes
The vote was 7-0. Motion carried.
2. 990 STREAMLET AVE: Ms. Bosworth stated the application was for a 1000 SF detached
carport on an adjacent corner lot and although the lot configurations were unique, the structure
met all required setbacks. Based on the existing landscaping and large oak trees on the vacant
lot, which pictures were included in the packet, and because of four open sides on the carport,
staff recommended waiving the code -required landscaping around the structure. She also noted
that the carport roof was proposed to be metal, whereas the house structure had shingles. The
homeowner relayed to staff that they had plans to put a metal roof on the house within a year.
Because the application met the intent of the code, staff recommended approval.
Mr. Dodd asked if the driveway shown on the plan was concrete. The homeowner, Mr. Craig
Strohecker, stated it was packed millings and that the vehicles now parked on the vacant lot
would go under the proposed carport.
Mr. Reyes asked if the driveway would impact the drainage easement. Staff stated the permit for
the driveway was reviewed and approved by Stormwater Dept. staff, and that language on the
subdivision plat for Unit 13 stated that when two lots are combined, the easements revert to the
outside property lines.
Mr. Paul asked if the trees were downed by a storm, would the homeowner then have to come
into compliance with the landscaping. Mr. Strohecker stated he was a tree hugger, and would
definitely replant any damaged species. Ms. Bosworth stated the hedge requirement was more
for structures with walls with the intent to break up a plain, side wall. The carport was going to be
open on all four sides.
Mr. McManus questioned the height of the structure. Ms. Bosworth stated as proposed, the
carport was not higher than the house, and that the finished grade of the second lot was much
lower than the house property. Mr. Qizilbash questioned if there were any utilities located in the
easement if it was abandoned. Ms. Bosworth stated city staff visited the site during review of the
driveway permit. Mr. Reyes also had questions regarding easements on the lots.
Mr. Roth verified that the existing trailers were not for a business operating at the house. Mr.
Strohecker stated they were for personal vehicles.
Chmn. Dodd asked if there was anyone in the public that was opposed or in favor of the
application. There was none.
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MOTION by PauVReyes "to approve the accessory structure -detached carport at 990 Streamlet
Avenue, Lots 11 & 12, Block 330, Sebastian Unit 13."
ROLL CALL: Mr. Reyes yes Mr. Dodd yes
Mr. Roth yes Mr. Paul yes
Mr. Carter yes Mr. McManus yes
Mr. Qizilbash yes
The vote was 7-0. Motion carried
3. 699 PERIWINKLE DR: Ms. Bosworth stated the garage was for an 18 X 55.5 custom built
detached garage on a large double comer lot. She reviewed the setbacks for the structure on the
secondary front yard, and based on definitions, where the rear and side property lines were. She
stated the garage would match the house, and recommended approval.
Mr. Dodd asked if trees were going to be removed for the new structure and if the existing
concrete pad on the side the house was remaining. The homeowner, Mr. Arthur Ferguson, stated
all the trees on the west side of the garage would remain, he was planning to add a lot of new
landscaping, and the pad was going to stay.
Mr. Reyes asked if the two driveway culverts on Periwinkle Dr. that were close to each other
could be combined into one, and if the FFE of the garage was lower than the house. Mr.
Ferguson stated he would follow staffs direction on the culvert, and that the garage would be
lower. Mr. Reyes noticed that the garage was also proposing to have a metal roof but the house
was shingles. The homeowner stated because of the cost of the new garage, they were planning
a matching roof for the house in the future.
Mr. Mcmanus verified that the walls would be stucco'd, and that the 19 -foot height was
necessary.
Chmn. Dodd asked if there was anyone in the public that was opposed or in favor of the
application. There was none.
MOTION by PauVQizilbash "to approve the 18' X 555, 999 SF detached garage at 699
Periwinkle Drive, Lots 15 & 16, Block 281, Sebastian Highlands Unit 11."
Mr. Roth asked if there were overhead doors on both ends of the structure. Mr. Ferguson verified
doors were on both ends.
ROLL CALL: Mr. Roth yes Mr. McManus yes
Mr. Qizilbash yes Mr. Carter yes
Mr. Reyes yes Mr. Dodd yes
Mr. Paul yes
The vote was 7-0. Motion carried.
B. QUASI-JUDICIAL PUBLIC HEARING — SITE PLAN & CONDITIONAL USE PERMIT —
AVERY WAY SENIOR HOUSING — 36,475 SF, 88 -UNIT AFFORDABLE HOUSING
APARTMENT BUILDING — 9707 US HIGHWAY #1 — COMMERCIAL GENERAL (CG)
ZONING DISTRICT
Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose.
There was none. The applicants/representatives and staff were swom in by the City Attorney.
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Mr. Joseph Schulke, Schulke, Bittle & Stoddard, Inc. representing the applicant as the project's
civil engineer, stated the applicant, Dr. Hal Brown, the architect, Mr. Tony Donadio, and the
project's attorney, Mr. Bruce Barkett, were all present for questions. He gave a brief history of the
project, and listed the jurisdictional permits already received — SJRWMD, FDOT access, FDOT
drainage, and DEP. He stated the conceptual plan presented for the Special Exception
application was the same as the site plan being proposed. He reviewed what benefits the project
would bring to the city. He also noted that the recommended Condition #4 as listed in the staff
report had recently been met, and approved by the city engineer.
Chmn. Dodd verified with staff that the conditional use criteria for "Qualified Affordable Housing"
was to be considered vs. apartment complex or senior apartments. Ms. King stated that was
correct. He also reviewed that QAH must meet a "State or Federal sponsored initiative", and
asked Ms. King to discuss in staffs presentation if the project had met that condition.
A discussion ensued regarding the maximum number of units allowed, which was 12 units per
acre, based on the "density bonus" given to a QAH project with an approved conditional use
permit. Ms. King explained that because of the importance of the extra density, staff added a
condition that the project must show it is a part of a qualified housing initiative, and it should be
before they break ground. She stated the condition was item #7 under Recommendations in the
staff report.
Ms. King proceeded to give staffs presentation of the project, reviewing the traffic study and
additional information that was received from the project engineer to satisfy some concerns of the
city engineer, noting that receiving the information was listed as Condition #4 in the staff report,
which was now met. She then reviewed the other conditions listed, seven total including #4,
explaining why each was required.
Mr. Roth stated he felt the project was going to be an asset to the city. He had comments on the
closeness of the Barber Street access to the existing Publix access, and the deficiency of
pedestrian sidewalks across the railroad tracks. He also had questions regarding Sheet C-301
and details of the turbidity barrier, the existing dirt bus stop, the long US Highway #1 deceleration
lane, drainage run-off onto US #1, the developer possibly constructing additional off-site
sidewalks, and level of service information noted on the traffic memorandum.
Mr. Schulke addressed Mr. Roth's site plan questions and stated he thought the additional off-site
sidewalks were an undue burden on the applicant. Mr. Watanabe, City Engineer, explained that
the memorandum was providing additional traffic information on the level of service for the Barber
Street/US #1 intersection and how the new project would impact it. He also discussed sidewalks
across the railroad tracks and stated that the city had designs plans for sidewalks across all of its
railway crossings, and that they were presented to All Aboard Florida so that they could work
them into AAF's permitting process.
Ms. Kautenburg stated she agreed with Mr. Roth and his concerns about traffic safety at the
Barber Street access area. She also agreed the project was much needed, was well designed,
and felt there was adequate parking and that every unit did not need two spaces.
Mr. Reyes commented on or had questions regarding the amount of X'd out details on the sheets,
the turning radii for the fire truck accesses, an easement for the pedestrian crossing to the Publix
property, the dumpster detail and number of dumpsters for the site, the existing lift station and
replacement of the missing pumps, drainage structure D-12, and SWPPP notes. Mr. Schulke
answered his concerns.
Mr. Paul also questioned some of the X'd out detailed items. He asked about the proposed infill of
lake area and protected species, the reflecting ponds, the speed humps and ambulances, and the
little amount of handicapped parking spaces for a senior housing building. Mr. Watanabe stated
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the minimum requirement had been provided but more should have been considered. Mr. Paul
stated that as much landscaping should remain as possible as to create an additional noise buffer
for the extra All Aboard Florida trains.
Mr. McManus verified that the project property abutted the FEC right-of-way.
Mr. Qizilbash stated that based on the size of the project, he wished that they could have more
time to review the plans, and study the traffic analysis. Mr. Watanabe discussed his conversation
with the county, and what his city concerns were. Mr. Qizilbash suggested the Barber Street
access be one-way, and had questions on fire hydrants, fire safety of the building, and a safety
fence for the lake. Mr. Schulke responded to his questions.
Mr. Carter commended the developer on the project.
Chmn. Dodd asked if there was anyone in the public that was opposed or in favor of the
application. There was none.
Ms. King stated staff recommended approval of the project subject to the seven conditions listed
in the staff report, with the elimination of #4.
Chmn. Dodd summarized what he ascertained to be the Commissioner's main concern, which
was the access on Barber Street with regards to traffic flow and safety. Mr. Watanabe explained
reducing conflict points, and discussed possible solutions, i.e. one-way traffic flow, medians, or a
shared connection with Publix. Mr. Dodd stated he would not want to deny the project because of
the access issue, and felt Condition #4 should be re -worded to ask City staff to pursue a
correction [to the Barber Street access] to their satisfaction. Mr. Schulke stated concurrence with
the re -wording.
Chmn. Dodd stated that he was uncomfortable with Condition #7 in that the Commission was
blindly approving a qualified housing project without knowing what program initiative they would
be building under, and if there would be any conditions of the program they needed to be aware
of, or if the project could become tax-exempt. A discussion ensued if an additional clause should
be added to the condition which stated the initiative "be acceptable to the City of Sebastian." Mr.
Ginsburg stated it could be added but may not be operative in that it may not be legal to deny a
developer participation in a state or federal program. He stated staff would follow through either
way to determine if the program was acceptable to the city.
Chmn. Dodd reopened the public hearing.
Mr. Bruce Barkett, Esq., stated he was not in agreement with the additional wording proposed to
be added to Condition #7. He opined that the Ordinance did not give the Commission the
discretion to approve the tyke of affordable housing program, but to determine if it was auag lified
housing program. He noted his client [the applicant] objected to the additional wording. He
stated the project had pending applications with the Florida Housing Corporation Multi -family
Mortgage Revenue Bond and the 4% Housing Credit program, and the fall -back program would
be the HUD Housing Choice Voucher program aka Section 8 program.
Mr. Ginsburg stated he intended his advice to guide staff to take a look at what comes in and see
if there was something that needed to be brought back to the Commission.
Mr. Mcmanus asked, if depending on the type of housing program, would the project pay city
taxes.
The applicant, Dr. Hal Brown stated that no matter what program was used the housing would be
for seniors, and would pay city taxes. He gave a history of other projects he had in the county
and explained the goals he had for Avery Way. He verified that they would never be a not -for -
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profit entity, and felt that traffic concerns, based on the ages of the residents, would not become
valid.
Mr. Ginsburg stated he wouldn't change the language of Condition #7, but to have the record
reflect that the PZ Commission instructed staff to review the documentation.
MOTION by McManus/Qizilbash "to accept staffs recommendation on all seven points
[conditions] for Avery Way Senior Housing at 9707 US Highway #1."
Mr. Ginsburg verified that the motion was to approve the site plan and conditional use permit. Mr.
McManus stated yes.
Mr. Dodd proposed an amendment to the motion to "ask staff to work with the applicant on the
traffic/Barber Street exit to staffs agreement, that they try to mitigate a possible - any turn radius,"
and stated that would be Condition #8. Mr. McManus agreed [to amend his motion], as did Mr.
Qizilbash.
ROLL CALL: Mr. Reyes yes Mr. McManus yes
Mr. Dodd yes Mr. Qizilbash yes
Mr. Carter yes Mr. Paul yes
Mr. Roth yes
The vote was 7-0. Motion carried.
C. QUASI-JUDICIAL PUBLIC HEARING — SITE PLAN, CONDITIONAL USE PERMIT &
WAIVER — WATERCREST SENIOR LIVING — 37,296 SF, 87 -BED ASSISTED LIVING
FACILITY — 13085 US HIGHWAY #1 — COMMERCIAL RIVERFRONT (CR) ZONING
DISTRICT — REQUESTED WAIVER FROM LDC SECTION 54-4-21.A.7: RIVERFRONT
OVERLAY LANDSCAPE REQUIREMENTS
This item was previously withdrawn from the agenda
D. QUASI-JUDICIAL PUBLIC HEARING — SITE PLAN — GOLF COURSE STORAGE
BUILDING — 6,357 SF BUILDING AND SITE IMPROVEMENTS — 209 AIRPORT
DRIVE EAST — PUBLIC SERVICE (PS) ZONING DISTRICT
Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose.
There was none. The applicants/representatives and staff were sworn in by the City Attorney.
Mr. Watanabe, City Engineer, reviewed that the project's location will be on Airport property and
was a relocation of an existing facility. He showed an aerial of the site location [on the overhead
projector], which was behind secured fencing, and the location of the previous site. He pointed
out the existing landscaping around the site, and stated additional foliage would be added so that
the building would not be too visible from the fairways. He added the building would be 15 feet
high and used for storage for golf course use.
Chmn. Dodd verified that it was a City/FAA/FDOT federally -funded project that would be a city -
owned building.
The type of material and design of the building was discussed with regards to non -similarity to the
existing hangars.
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Chmn. Dodd asked if there was anyone in the public that was opposed or in favor of the
application. There was none.
Staff recommended approval of the project.
Mr. Reyes asked if there would be chemicals stored in the building. Mr. Watanabe stated there
was a small, detached chemical storage building on site, and a separate fuel storage area which
all had been reviewed by the Fire Department and Health Dept.
MOTION by Roth/Reyes "that the site plan be approved for the 6,357 SF storage building at 209
Airport Drive East as submitted."
ROLL CALL: Mr. Roth yes Mr. McManus yes
Mr. Dodd yes Mr. Qizilbash yes
Mr. Carter yes Mr. Paul yes
Mr. Reyes yes
The vote was 7-0. Motion carried.
CHAIRMAN MATTERS: None
MEMBERS MATTERS:
Mr. Roth requested the City Engineer to look into the lane striping on Barber Street in the area of
US #1 across the tracks to Keystone Dr. He stated the striping is worn off, and turn lanes into
Publix are no longer shown. Mr. Watanabe stated he would forward the request to the Public
Works Director.
DIRECTOR MATTERS: None
ATTORNEY MATTERS: None
Chairman Dodd adjourned the meeting at 8: 58 p.m. (db)
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