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HomeMy WebLinkAbout01-19-2017 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 19, 2017 1. Call to Order — Chairman Roth called the meeting to order at 6:00 pm 2. Pledge of Allegiance was recited by all. 3. Roll Call Present: Chairman Roth Mr. McManus Vice Chairman Reyes Mr. Qizilbash Mr. Carter Mr. Hughan (a) Ms. Kautenburg Mr. Simmons (a) Excused: Mr. Alvarez Also Present Mr. Robert Ginsburg, City Attorney Ms. Dorri Bosworth, Planner Ms. Susan Mann, Recording Consultant Ms. Dale Simchick, IRC School Board Liaison was not present 4. Announcements and/or Agenda Modifications n 0 0)c .O _E m� C N C ,S O 5E d- c U; N cc > > ,O O 22 O p as (A N a a Mr. Roth explained that Mr. Alvarez has an excused absence; Mr. Simmons would be voting in his place. Mr. Roth requested approval of an addition, under Commissioners Matters, the election of the Chairman and Vice Chairman. Approval of the addition to the agenda was unanimous by voice vote. Mr. Roth requested the Commissioners' approval to move New Business Item 9.A. to before Unfinished Business. Approval of the modification to the agenda was unanimous by voice vote. 5. Approval of minutes A. Regular Meeting of December 15, 2016 Mr. Roth called for any adjustments to the minutes, hearing none he called for a motion. A motion to approve the December 15, 2016 minutes as presented was made by Mr. Carter, seconded by Ms. Kautenburg and passed unanimously by voice vote. IN PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF JANUARY 19, 2017 B. Regular Meeting of July 7, 2016 Mr. Roth called for any adjustments to the minutes, hearing none he called for a motion. A motion to approve the July 7, 2016 minutes as presented was made by Mr. Qizilbash, seconded by Mr. Hughan. Ms. Bosworth requested clarification if Mr. Hughan could second a motion since he would not be voting this evening. The City Attorney responded that he could. Mr. Roth called for a vote. The motion passed unanimously by voice vote. 9. New Business (Agenda Reorganization) A. Accessory Structure Review — LDC Section 54-2-7.5 — 550 Hibiscus Avenue — 996 SF Detached Garage — William Mock Mr. Ginsburg read the Accessory Structure Application by title. Mr. Roth called on staff to make their presentation. Ms. Bosworth stated that the application is before the Commission as required by code because of structure's size. She explained that it is a 996 SF custom built detached garage and provided details on the structure, its location and the proposed landscaping requirements. She stated that because of the year the house was built the current landscape code did not apply, but Mr. Mock has agreed to add additional landscaping to bring the property to as close to compliance as possible. She concluded by stating that staff recommends approval. Mr. Mock stated his name and address for the record. He explained the plan for the garage is for storage of his lawn equipment and his collector cars. He confirmed that he has reviewed the staff's recommendations regarding landscaping and is in agreement. Mr. Qizilbash asked if the structure would be air conditioned, identification of the box, shown on the plans, on the outside of the structure where the bathroom is located and if it was planned to connect to the existing septic system or install a new one. Mr. Mock responded that there would not be air conditioning and that there is a sink for washing parts, etc. and a lift station would be installed to connect to the existing septic system. Mr. Mock explained that he has County water and that the one of the wells was installed prior to County water and the other well is for the sprinklers. Mr. Simmons asked if the two lots are joined. Ms. Bosworth responded that Unity of Title is recorded. Mr. Reyes asked why the lift station pump is not shown on the site plan. Ms. Bosworth explained that it is in with the building permit documents and apologized for not including it in the agenda package. PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF JANUARY 19, 2017 Mr. Roth asked if the ability of the existing septic system to handle the additional facilities had been verified. Mr. Mock responded that he was not aware of any, but the builder may have. Ms. Bosworth stated that this concern could be made a condition of approval and it would be addressed through the permitting process. Ms. Kautenburg asked if petroleum products would be used in the sink to wash parts. Mr. Mock responded to the negative and explained that it is not attached to the septic system and has a catch basin. Ms. Bosworth stated that staff recommends approval with the condition regarding the landscaping and verification of connection of the lift station through the permitting process. Mr. Roth called for any further questions, hearing none he called for a motion. MOTION: by Roth/Carter "I make a motion for approval of the site plan at 550 Hibiscus Avenue, Lot 2 & 3, Block 27, Sebastian Highlands Unit 1 with the condition that the verification is completed on the lift station and properly installed and the landscaping as noted on the packet we have is included." Mr. Roth asked if there were any questions on the motion, hearing none he called for a vote. ROLL CALL: Mr. Reyes —Yes Mr. Roth — Yes Mr. McManus —Yes Mr. Qizilbash — Yes Total vote was 7-0. Motion Carried 6. Quasi -Judicial Public Hearings — None Mr. Simmons (a) — Yes Mr. Carter —Yes Ms. Kautenburg —Yes 7. Unfinished Business A. Discussion – Amendment 2, Medical Marijuana — Consideration of Dispensary Zoning Regulations (Back-up material from City Attorney previously distributed. Mr. Roth provided the background of Amendment 2, dealing with medical marijuana passed by the residents of Florida at the November 2016 election. He stated that the question before the Commission this evening is to determine the procedure to regulate dispensaries within the City. He stressed that it must be kept in mind that this medication would be physician -prescribed for seriously ill patients, as opposed to the substance that has been illegal for almost a century. Mr. Roth called on Mr. Ginsburg to provide information on the proposed options. PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF JANUARY 19, 2017 Mr. Ginsburg stated that many cities have taken a variety of approaches to the issue. He stated that Ms. Bosworth will explain the two options that seem most appropriate based on the City's code. Ms. Bosworth explained the two options: 1. SPECIAL USE. Each application would be treated as a special use and applicable conditions applied per each individual location. She provided details on prior applications handled as special uses and some examples of these type applications. There would be no LDC amendment required. 2. CONDITIONAL USE. The Code would be amended to allow the dispensaries in specified zoning categories and would also provide applicable conditions. She provided details on what the criteria could be and referred to the chart provided showing what criteria other Cities and the County have used. Ms. Bosworth referred to an information sheet provided by the Florida Department of Health Office of Compassionate Use regarding medical marijuana which stated that the medical cannabis will NOT be administered by smoking. She offered to answer any questions the Commission has. Mr. McMannus stated that in his opinion any regulations established by the City should incorporate the language of the State. He supported allowing the dispensaries in retail rather than industrial. Mr. Ginsburg explained that the state has established a great deal of regulation on the medical marijuana. He stated that should there be an Ordinance drafted it would come to the Commission for approval. Ms. Bosworth clarified that one difference between Special Use and Conditional Use is that although they both come before the Commission for approval, the Special Use also goes before the City Council for approval. She provided details on how the two processes are handled by both the Commission and the Council. Mr. Roth thanked her for the information and stated that with this being such a new issue the Special Use might be a better approach in order to have something in place now. Mr. Qizilbash asked if there could be a zoning district for these dispensaries. Ms. Bosworth responded that creating an entirely new zoning district would involve a great deal of work, but that the Code could be modified to identify the zoning districts that would allow the dispensaries and would establish the applicable restrictions. Mr. Reyes stated that based on the size and the services provided by the facility; it may be more appropriated to allow them in the industrial areas. Mr. Ginsburg responded that the only service the facility would provide is as a dispensary. Mr. McManus reiterated his concern that the dispensaries be allowed only in retail to minimize the misuse. He supported including reference to the state regulations in the ordinance and the requirement for posting the Information Sheet from the Florida Department of Health. Ms. Bosworth responded that prior to a dispensary coming to the PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF JANUARY 19, 2017 City to establish a location they will have already been approved by the State for doing business as a dispensary and have to meet all applicable State regulations. What the City is addressing are the zoning matters. Ms. Kautenburg stated that she has personal knowledge of individuals in need of this medication and stressed that it is medicine. She supported the Conditional Use because it would provide guidelines to staff and applicants as to the specific criteria and would be established, not based on the individual thoughts of future Commissions. She supported allowing the dispensaries in areas where any other medication dispensaries are allowed and agreed that placing them in warehouse districts would not be appropriate. She stressed that this must be viewed as medication and not anything else. Mr. Simmons asked if the standard pharmacy could dispense the medical marijuana. Ms. Bosworth responded that dispensing this medication falls into a different classification by the state than standard pharmacies. Mr. Ginsburg explained that becoming registered with the State to dispense medical marijuana is extensive and it would be at the pharmacy's decision if they wanted to apply. Ms. Bosworth stated that even if an established pharmacy decided to become a dispensary, they would have to apply to the City and meet the Conditional Use criteria. Mr. Carter stated that he is aware that the Commission must protect the community as a whole, but that consideration should be given to the patient who is in need of this product and allow the dispensaries in locations that are safe and accessible. Ms. Bosworth provided details on other establishments and the City's zoning requirements by stating that the Commission might want to include in the Conditional Use a distance requirement between dispensaries to prevent a clustering of them. Mr. Ginsburg stressed that he does not want to influence the Commissioners but wants the discussion to be between them. He stated that he wants is to take the Commissioners recommendation to the City Council. Mr. Qizilbash stated the he supports the Conditional Use with distance criteria included. Mr. Reyes asked for details regarding the facility that dispenses the prescriptions and the dispensary which dispenses the medication. Mr. Ginsburg responded that what is before the Commission is only controlling the location of the dispensaries. Mr. Roth called for any further discussion on what the Commission should forward to the Council. Ms. Kautenburg responded that she would like to make a motion. MOTION: by Kautenburg/Qizilbash "I make a motion that we relegate the dispensaries to location by Conditional Use Permit." Mr. Roth called for discussion. He asked if that would apply to any zoning district PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF JANUARY 19, 2017 Ms. Bosworth stated that her understanding of the motion was to determine if it is the Commissioner's desire to recommend the Conditional Use. If the motion passes, the next step would be determining what zoning districts they would be allowed in. Mr. Roth called for any further discussion, hearing none he called for a vote. ROLL CALL: Mr. Roth — No Mr. McManus — No Mr. Simmons (a) —Yes Mr. Reyes — Yes Ms. Kautenburg — Yes Mr. Qizilbash — Yes Mr. Carter — No Total vote was 4-3. Motion Carried Mr. Ginsburg explained that the Commission has decided that its recommendation to Council is for Conditional Use. The next step would be to determine which zoning districts would be affected and the following step would be to determine specific criteria. He stated that those next steps could be addressed this evening or later at the discretion of the Commission, but urged them to continue with the deliberation. He stated that he will make a presentation to the City Council at their next meeting on what the Commission recommends. Following discussion it was agreed to wait to learn what the City Council's decision is regarding their Conditional Use recommendation before going further. Mr. Ginsburg explained that if the Council does not agree with the Conditional Use recommendation it would become a Special Use and would not come back to the Commission because no amendments would be required. He stated that if they agree with making it a Conditional Use the Commission would have further opportunity to establish the conditions and it would be presented at Public Hearings both at Planning and Zoning and the City Council. Mr. Ginsburg explained that based on the Council's decision, the item would be placed on the Commission's next agenda and the necessary material would be provide to move forward with setting the zoning districts and conditions would be included in the packet. 8. Public Input— None 10. Commissioners Matters Mr. Roth stated that the nomination and election of the Chairman and Vice Chairman for 2017 should be done at this time. A motion to nominate Ms. Kautenburg Chairman was made by Mr. Reyes, seconded by Mr. Carter. Mr. Roth called for any further nominations, hearing none he stated that the motion passed unanimously. Mr. Roth passed the gavel to Ms. Kautenburg. PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF JANUARY 19, 2017 Ms. Kautenburg called for a motion to nominate the Vice Chair. Mr. Reyes stated that he would be happy to continue to serve as Vice Chair. A motion to nominate Mr. Reyes as Vice Chair was made by Mr. Carter, seGended b Mr. Reyes. Ms. Kautenburg called for any further nominations, hearing none she stated that the motion passed unanimously. Mr. Roth stated that it has been a pleasure to serve a both Chairman and Vice Chair and thanked the Commissioners for their support. 11. Citv Attornev Matters — None 12. Staff Matters Ms. Bosworth updated the Commissioners on the Site Plan for development at the corner of Jackson Street and US #1 regarding the platting process. She explained that what has been approved is the land clearing only, no building permits will be issued until the final plat has been recorded. Mr. Carter asked for an update on the Buried Treasures project. Ms. Bosworth responded that the Site Plan had been approved, but there had been problems with the contractors, etc. so the project is null and void at this time. She explained that if someone comes to the City and seeks approval of a Site Plan for that property staff will furnish them the information on what was approved previously. Mr. Reyes asked about Store Right. Ms. Bosworth stated that the Commissioners' approval was final, there was no appeal filed, and the Developer was working on his Building Permits, which were not submitted yet. 13. Items for Next Agenda Ms. Bosworth stated that based on the Council's decision the dispensary would be on the agenda and possibly an accessory structure. 14. Adiourn Chairwoman Kautenburg called for any further business, hearing none she adjourned the meeting at 7:21 pm. /sm