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HomeMy WebLinkAbout02-16-2017 PZ MinutesCITY OF SEBASTIAN LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) MINUTES OF REGULAR MEETING FEBRUARY 16, 2017 1. Call to Order Chairwoman Kautenburg called the meeting to order at 6:00 pm. C 2. Pledge of Allegiance was recited by all. 3. Roll Call Present: Chairwoman Kautenburg Mr. McManus Vice Chairman Reyes Mr. Qizilbash Mr. Carter Mr. Hughan (a) Mr. Alvarez Mr. Simmons (a) Excused: Mr. Roth 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 0 9 _F2C m C c caC •0 a E � %� 0 NCD a 'C 0 0 N p as Q)N �'a Ms. Kautenburg stated that Mr. Roth's absence is excused and that Mr. Hughan will be voting in his place. Ms. Bosworth requested the agenda be modified to show the meeting date of the minutes to be February 2, 2017 rather than February 16, 2017. 5. Approval of minutes A. Regular Meeting of February 2, 2017 Ms. Kautenburg called for additions, deletions or corrections to the February 2, 2017 minutes. A motion to accept the February 2, 2017 minutes as presented was made by Mr. Reyes, seconded by Mr. Carter and passed unanimously by voice vote. OL 9 LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) PAGE 2 MINUTES OF REGULAR MEETING OF FEBRUARY 16, 2017 6. Quasi -Judicial Public Hearings A. Quasi -Judicial Public Hearing — Conditional Use Permit — New Model Home —123 Sandcrest Circle — Maronda Homes. Mr. Ginsburg read the Project Description Narrative for the Record. Ms. Kautenburg asked if any Commissioner had ex -parte communication to report; no one responded. Mr. Ginsburg swore in those planning to present testimony on the project. Mr. Mark Richard, 185 Concha Drive, Sebastian, FL, stated that the request is for a Conditional Use Permit for a model home on Sandcrest Circle, all conditions have been met, they will share parking with Holiday Builders which is paved and ADA approved. Ms. Bosworth explained that the reason this is before the Commission is because it is a Conditional Use Permit for a model home in a residential district. Included in the information provided to the Commission is confirmation of the shared parking arrangement from Holiday Builders. She reviewed the conditions of approval, should Holiday Builders close their model home first there needs to be a new parking plan submitted; the model home sign will require a sign permit and the applicant must agree that no construction material will be stored on site. She stated that staff recommends approval with those three conditions. Mr. Reyes asked for details on the shared parking. Ms. Bosworth explained that staff did not feel it necessary to require another 5 spaces for Maronda Homes right next to those of Holiday which had been approved previously. The thought was a client would park, walk to one model then to the other model. She stated that because Maronda is not having a sales center at the model, the configuration is that of a residence where as Holiday is using the garage as a sales center creating the need for the ADA restroom facilities which can be shared if necessary. Ms. Bosworth stated that the shared use arrangement between Holiday and Maronda is a civil matter and not a concern to the City. Mr. Qizilbash asked what the parking requirement is for each model home. Ms. Bosworth stated that they are allowed credit for the two in the drive way and must provide an additional three for a total of five. He stated that his concern is that when the driveway is used for parking the sidewalk will be blocked. Mr. McMannus expressed concern that the signs be compatible with each other and the entrance sign. Ms. Bosworth stated that the size will be similar and they have to be on a monument base. The signs will come to the City for permitting prior to being constructed. LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) MINUTES OF REGULAR MEETING OF FEBRUARY 16, 2017 PAGE 3 Mr. Reyes stated that there was no landscape plan provided with this application. Ms. Bosworth stated that there is a master landscape plan which must be followed. She responded that the landscape requirements for a model home are the same as that for a residence and provided details on what those requirements are. Ms. Kautenburg called for any further questions, hearing none she opened the Public Hearing. She called for anyone wishing to speak in favor of the application, hearing none, she called for anyone wishing to speak in opposition to the application, hearing none, she closed the Public Hearing and requested staff's summary. Ms. Bosworth stated that staff recommends approval of the model home permit for a one-year period with the three conditions as shown in the staff report. Ms. Kautenburg called for any further discussion, hearing none she called for a motion. MOTION: by Simmons/Hughan "I make a motion to approve the site plan as recommended by staff." ROLL CALL: Mr. Hughan (a) —Yes Mr. Alvarez — Yes Mr. Qizilbash —Yes Mr. Reyes —Yes Ms. Kautenburg — Yes Mr. Carter —Yes Mr. McMannus —Yes Total vote was 7-0. Motion Carried. Mr. Simmons asked if all the model homes, in Sebastian, are current on their approvals. Ms. Bosworth responded to the affirmative. B. Public Hearing — Review and Make a Recommendation to City Council Regarding Ordinance 0-17-01 relating to Medical Marijuana Treatment Centers, Amending the Lake Development Code, Article XXII Language & Definitions, Article VI Conditional Use Criteria, and Article V Zoning District Regulations. Mr. Ginsburg read the title of the Ordinance for the record. He noted that the Commission will be reviewing this Ordinance and will make their recommendation to the City Council. He explained that what is before the Commission is in Ordinance form and is the result of discussions and recommendations made at the prior meeting. Mr. Carter expressed concern regarding not allowing consumption of medical marijuana on the site. Ms. Bosworth responded that was included to address the concern should the product change from pill form into smoking form. Mr. Ginsburg referred to (27) b. 3 by stating that if the Commissioner's desire is not to restrict an entire site, possibly changing the verbiage from site to premises would be appropriate. LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) PAGE 4 MINUTES OF REGULAR MEETING OF FEBRUARY 16. 2017 Ms. Bosworth stated that item 2, would prohibit a medical marijuana treatment center being located with any other use, it would require a stand-alone facility. During discussion it was agreed that single use referred to the products that a center could sell in addition to the prescription medication. Ms. Bosworth asked if the Commissioners would allow the sale of related retail items, as is done at other Pharmacies. Ms. Bosworth suggested revising item 2 to include sale of related items and change the designation to unit. The Commissioners agreed. Mr. Ginsburg stated that with the Ordinance in place enforcement could be handled by either the police or code enforcement. Ms. Kautenburg reiterated her concern about including alcohol in item 3, since it is not a related product and would not be sold at the center. Mr. Ginsburg responded that it was included because it was on the chart of restrictions used by other municipalities and the County. He stated that it is up to the Commissioners if they want it removed or not. Ms. Bosworth referred to item 1, regarding the 1,000 ft. distance requirement by providing her formula for separation. She noted that this distance requirement would prevent a center from being located on US#1 and another one along the same area on Indian River Drive. Following discussion it was agreed to make the restriction by radius from the property line and to reduce the distance to 500 feet. Ms. Bosworth reviewed each item with the proposed language. 1. No site shall be located closer than a 500 ft. radius from the site to any other medical marijuana treatment center. 2. The medical marijuana treatment center and the sale of related products shall be the only use of the unit. 3. Consumption of medical marijuana is prohibited on the premises where the treatment center is located. Appropriate signage shall be required. Following discussion it was agreed that changing "entire site" to "premises" would better describe where the consumption is prohibited. Item 4 would remain as stated. 4. Business activity may be conducted at the treatment center only between the hours of 7:00 a.m. and 7:00 p.m., seven days per week. Ms. Kautenburg thanked Mr. Ginsburg and staff for their presentation of the draft ordinance. She stated that the arrangement made it much easier to read. Ms. Bosworth stated that she included the other Conditional Use businesses in the various zoning districts. She stated that if the Commission did not agree with the location in which she inserted the treatment centers it could be changed. The consensus was to leave them listed in the order as shown. Ms. Bosworth clarified that Industrial was included because there is some along the CR 512 Corridor. LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) MINUTES OF REGULAR MEETING OF FEBRUARY 16, 2017 PAGE 5 Ms. Kautenburg called for any further discussion, hearing none she called for a motion. MOTION: by Carter/Qizilbash "I make a motion that we accept the amendment with the exceptions that we have noted." Ms. Bosworth clarified that the motion is to recommend approval of the Ordinance with the amendments as discussed. Mr. Carter and Mr. Qizilbash both agreed. At Mr. Reyes' request Mr. Ginsburg reviewed the agreed upon wording of the four conditional use criteria. ROLL CALL: Mr. Reyes — Yes Mr. Alvarez — Yes Mr. McMannus —Yes Mr. Qizilbash —Yes Total vote was 7-0. Motion Carried. Mr. Hughan (a) — Yes Mr. Carter —Yes Ms. Kautenburg — Yes Mr. Carter asked if the Ordinance will come back before the Commission. Ms. Bosworth responded that it will not come back to the Commission; it will go before the City Council for two required Public Hearings. 7. Unfinished Business — None 8. Public Input— None 9. New Business — None 10. Commissioners Matters — None Mr. Reyes asked for the status of the bowling alley. Ms. Bosworth responded that they are continuing with their construction. She noted that there are some major interior modifications required that have slowed their progress. She stated that she does not have a definite opening date. Mr. Carter asked about Capt. Butchers. Ms. Bosworth stated that it is up for sale, but the approved site plan is still valid if the buyer would want to continue with the planned development. Mr. Qizilbash asked who is responsible for maintenance of the alley behind CR512 and noted that it is in very bad condition. Ms. Bosworth responded that the City is responsible and she will bring it to the attention of both the City Engineer and Public Works. LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) PAGE 6 MINUTES OF REGULAR MEETING OF FEBRUARY 16, 2017 Mr. Reyes noted that some of the sidewalk lights at the Easy Street Park are out. Ms. Bosworth stated she will pass that information along as well. 11. City Attorney Matters -- None 12. Staff Matters — Mr. Carter thanked Mr. Ginsburg and staff for their efforts with the Ordinance amendments. Mr. Ginsburg thanked the Commissioners for their efforts with a difficult issue. He noted that there was an article in the newspaper recently covering the fact that in some areas there has been controversy associated with addressing how to handle the medical marijuana legalization. Ms. Bosworth stated that she had spoken to two individuals on other matters and they stated that they had watched the previous meeting and found the topic very interesting. She thanked the Commissioners for their input and assistance with preparing the Ordinance. 13. Items for Next Agenda — None 14. Adjourn Chairwoman Kautenburg called for any further business, hearing none she adjourned the meeting at 6:57 pm. /sm