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HomeMy WebLinkAbout05161996 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING MAY 16, 1996 Chairman Fischer called the meeting to order at 7:00 p.m. PRESENT: Mr. Munsart Ms. KJlkeily Mr. Mather Ms. Brantmeyer Mr. Driver Chron. Fischer Mr. Schulke EXCUSED ABSENCE: Mr. Johns ALSO PRESENT: Jan King, Zoning Technician Dorri Bosworth, Secretary ANNOUNC,,I~,MENTS: Chron. Fischer announced that Mr. Johns has an excused absence and Mr. Driver will be voting on APPROVAL OF MINUTES: None O~ BUS~ES~ None BUS. SS: PUBLIC HEARING - MODEL HOME PERMIT RENEWAL -1295 BARBER STREET - OCEAN HOMES CORPORATION Mr. l~ice Q,liver, 106 Lancaster Street, was present and identified himself and was sworn in according to quasi-judicial procedure. There were 14 notices of hearing sent ~Ut and we received no objection or non-objection letters. Ms. King explained that Ocean Homes Corporation model home is already constructed, and is being .PLANNING AND ZONING COMMISSION REGUL~ MEETING OF MAY,.lt~ !996 PAGE TWO operated according to the LDC and there are no existing violations at the site. The public heating was opened at 7:03 p.m. There was no public input and the public hearing was closed at 7:03 p.m. MOTION by Mather/Munsart I make a motion that we renew Modal Home Renewal Application for OCean Homes at 1295 Barber Street. Roll call was taken. 7-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 160 S. WIMBROW DRIVE- SHARREN HILLER - INTERIOR DECORATOR AND DESIGN The applicant, Sharren Hiller of 160 S. Wimbrow Drive, Sebastian, was present and was sworn in according to quasi-judicial procedure There were 18 notices ofhearin8 sent out and we received one objection and no non-objection letters. The public hearing was opened at 7:10 p.m. There was no publiC input and the public heating was closed at 7:10 p.m. MOTION by Brantmeyer/Mather I make a motion that we approve the Home Occupational License for Sharren Hiller, Interior Design at 160 S. Wimbrow Drive. Roll call was taken. 7-0 motion carried. PUBLiC HEARING - (RECOMMENDATION TO CITY COUNCIL): A. COMPREHENSIVE PLAN LAND USE CHANGE - MR. ROGER SKILLMAN - COMMERCIAL LIMITED (CL) TO MEDIUM DENSITY RESIDENTIAL (MDg) The applicant, Roger M. Skillman of Delray Beach, was present and idemified hims~. Mr. Massarelli noted a copy of the Comprehensive Plan Amendment Staff report which outlines Section 20A-11.8 of the LDC and procedures for amending the Comprehmsive Plan. This amendment is being done pursuant to Chapter 163.3187 of the Florida Statutes, and because it is a 5.6 acre parCel of land, it is considered to be a small scale development amendment. In order to do a zoning change on this site, we must make an amendment to the Comprehensive Plan. After the amendment is done, there is a 30-day appeal time in which objections can be heard~ PLANN1NG.~ ZONING COMMISSION REGULAR MEET~G OF MAY 16, 1996 PAGE THREE Staff had no objection. Mr. Skillman remarked that in reference to the sewer system, Mr. Ascher, who is an assistant to Mr. Pinto (with IRC) told him that the sewer that is on the this side of Main Street is operational and could be used with the installation of a lift station. The public hearing was opened at 7:20 p.m, There was no public input and the hearing was closed at 7:20 p.m. Ms. Kilkelly voiced concern about this area bei~ in the 100 yr. flood plain according to the FEMA map of 1980. And if we change the Commercial Limited to Medium Density Residential, there is a possibility that this land can be developed without there ever being a site plan submitted. The drainage in this area is poor and she would like some assurance that we would havea Storm Water Management plan which would be required by a site plan. Mr. Massarelli noted that any land development greater than a duplex would require a site plan. Multi-family zoning required a site plan. Ms. Kilkelly noted that if duplexes were constructed and it was considered a minor subdivision if it was divided into four parts or less. These are possibilities. Mr. Massarelli suggested that while it may be possible, it would be very difficult to accomplish a minor subdivision. Mr. Skilln~'t explained that with approval tonight, he would be selling approximately 12 acres as a single site. MOTION by MunsarffDriver I move that the Planning and Zoning Commission make a recommendation to tbe City Council to amend the Comprehensive Land Use of Mr. Roger Sldllman's lots from Commercial Limited to Medium Density Residential. Roll call was taken. 7-0 motion carried. B. COMPREHENSIVE PLAN LAND USE CHANGE - PER DCA STIPULATED SETTLEMENT AGREEMENT DATED 4/9196 Mr. Massarelli explained that on December 11, 1991, Sebastian Groves Holding applied for an amendm~ to the land use designation for a piece of property that was being annexed into the City. This is at the Southern end of the City, near Laconia and the Sebastian River. it was annexed into the City. In the Indian River County Comprebensive Plan, the land use designation was rural, and they requested that it be designated low-density. And in Ordinance #82-7, adopted March 24, 1992, it was changed to show low-density residential. A letter of November 12, 1992 from the Dept. of Community Affairs issued an objection that it was. not in compliance with the State :Comprehensive Plan. Since then, there have been negotiations going on between the PLANNING AND ZONING COMMISSION REGULAR MEETING OF MAY 16. 1996 PAGE FOUR City and4he Dept. of Community Affairs to resolve this "not in compliance" problem. On March 13, 1996 the City of Sebastian passed a Resolution 96-29 which approved a stipulated settlement agreement with the Dept. of Community Affairs to resolve the disputes between the City and the Dept of Community Affairs concerning this piece of property and the amendments to 'the Comprehensive Plan. This agreement spelled out a series of actions that were required by us including changing several land-use maps in the Comprehensive Plan, and chaagi~a policy of the Comprehensive Plan dealing with on-site wastewater disposal. The amendment today is to implement that stipulated agreement. We are under a rather tight time schedule as it must be .approved by the City Council and forwarded to DCA by June 9. This action tonight is to review it and make a reco~tion to City Council, as it's on the City Council agenda next week for the first reading, then there will be a June 5 City Council meeting to hold a public hearing and to adopt the Ordinance implementing this amendment. The series of amendments are spelled out in the Ordinance that has been passed out to you tonight, policy 4-1.3.1. Mr. Massarelli detailed the 11 points of these amendments. The recommendation to City Council is to approve the Ordinan~ amending the Comprehensive Plan in compliance with the stipulated settlement agreement signed with DCA. Mr, Massarelli indicated that the property owner, when finally contacted, was unaware that all this was going on between the City and DCA, and could not be here tonight, but will attend the City Council meeting. The issue with the property owner was Policy 4-1.3.1. We are proposing that if water and sewer are available to the site, he would be allowed to have $ units per acre. if wells and septic tanks are used, he would have a density of 1 unit per acre. What he has requested is the alternative of- septic tanks and public water - that he would be allowed to go to 3 units per acre~ After checldng with HRS, they will allow 4 per acre with public water and septic tanks. DCA likes only 1 unit per acre in the same scenario. If we go along with the property owner's proposal, which is consistent with HRS but is inconsistent with DCA, it is highly probable that DCA will find the amendment not in compliance and we'll have to start the process all over again with DCA. Mr. Massarelli thought there might'be other things that DCA could argue about because we are not in compliance and this issue has been dragging on the years. In Sanuary of 1997, we will probably have many amendments to the plan, we could proceed ahead with the amendment as it stands and inform the property owner that he has this opportunity that if he can provide the technical data to support 3 units an acre, it might carry more strength at that time. It appears that soil studies will need to be done, both to substantiate the request for 3 units an acre, and also because his property lies so near the Sebastian River and could be damaged by septic tanks. PLANNING AND.....ZONING COMMISSION REGULAR MEETINO OF MAY 16, 1996 PAGE FIVE MOTION by Brantmeyer/Mather I make a motion that we approve to City Council Ordinance 0-96.11 with favorable results Roll call was taken. 7-0 motion, carded. C~~N~MATTER$; None Mr. Driver commented on being happy to be working with the Commission Mr. Mas~elli mentioned a special meeting May 30 sitting as the LPA at which time Mr. Solin will be in to present the sunum~ of the interviews and begin the visioning process for the year. This will beat 2 p.m. crrv Pt,A R Mr. Masserelli noted that he did receive some comments about the staff report and the format. It is his intention to use the same type of format for rezoning and for site plans. He also noted that the Riverfront Committee will be meeting Monday night. They are moving very rapidly and are meeting almost weekly. They are gathering information about architectural review boards, design review, historical review as well as pictures of old Florida fishing villages. Some of you may be interested in some of these things or if the Commission wants a presentation just contact Mr. Masserelli and he will arrange it. The issue of manufactured housing has not been discussed specifically yet in the Riverfi'ont Committee. Mr. Pliska inquired about exterior designs and was informed that some structures would be "grandfathered" in, and in respect to time limits for others to bring their structures up to code, this issue has not been discussed. Mr. Driver asked if a physical model would be available to look at. Mr. Masserelli sugge~ed that implementation was more important to the Committee at present. There will probably be some visual representation at some point, but it probably won't be a model. ATTO MA R$: None The meeting was adjourned at 8:09 p.m. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407} 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, MAY 16, 1996 7:00 P.M. 2. 3. 4. 5. 8. 9. 10. 11. CALL TO ORE)gR. ROLL CiLL.L. A.mlOUNCEMEHTS · APPROVAL OF MXIIUTES: OLD BUSXHRSS: Regular meeting of May 2, 1996 NEW BUSINESS: Public Hearing - Model Home Permit Renewal - 1295 Barber Street - Ocean Homes Corporation Public Hearing - Home Oceupatlonal License - 160 S. wimbrow Drive - Sharren Hiller - Interior Decorator and Design Public Hearings: (Recommendation to City Council) A. Comprehensive Plan Land Use Change - Mr. Roger Skillman - Commercial Limited (CL) to Medium Density Residential (MDR) B. Comp~eheus£ve Plan Land Use Change - per DCA Stipulated Settlement Agreement dated 4/9/96 CITY PLANNER MATTERS: AN~ PERSON WHO DECIDES TO APPEAL ANY DECISION HADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND HAY NEED TO ENSURETHAT A VERBATIHRECORD OF THE PROCEEDINGS IS HAl)E, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL HUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S) IN COHPLIANCE WITH THE A~ERICA~S WITH DISABILITIES. ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOHHODATIONS FOR THIS HEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THIS HEETING.