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HomeMy WebLinkAbout10-03-2019 PZ MinutesCITY OF SEBASTIAN PLANNING & ZONING COMMISSION MINUTES OCTOBER 3, 2019 0 C V'`j 1. Call to Order -- Chairperson Kautenburg called the meeting to order at 6:LPIGI _ C U p ¢ 2. Pledge of Allegiance was recited by all. C ._ m E I° E 3. Roll Call d E Present: Mr. Roth Mr. Mauti (a) C O ti Ms. Kautenburg Mr. Qizilbash COO Mr. Carter Mr. Hughan n � p Mr. Reyes Mr. Alvarez C 133 Not Present: Mr. Simmons (a) — Excused N O a n rn U)N aa05 Also Present: Mr. Jim Stokes, City Attorney Ms. Lisa Frazier, Community Development Director Ms. Janet Graham, Technical Writer Ms. Mara Schiff, Indian River County School Board liaison, was not present. 4. Announcements and/or Agenda Modifications -- None 5. Aooroval of Minutes Regular meeting of August 15, 2019 (tabled from 9-5-2019) Regular meeting of September 5, 2019 A. Regular meeting of August 15, 2019 (tabled from 9-5-2019) Ms. Kautenburg asked if the Commission members had had a chance to review the Minutes from August 15, 2019. All stated they had. Ms. Kautenburg called for a motion to approve the Minutes of August 15, 2019. A motion to accept the Minutes of the meeting of August 15, 2019 as presented was made by Mr. Carter, seconded by Mr. Roth, and approved unanimously via voice vote. B. Regular meeting of September 5, 2019 Ms. Kautenburg asked if the Commission members had had a chance to review the Minutes from September 5, 2019. All stated they had. PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF OCTOBER 3, 2019 Ms. Kautenburg called for a motion to approve the Minutes of September 5, 2019. A motion to accept the Minutes of the meeting of August 15., 2019 as presented was made by Mr. Roth, seconded by Mr. Carter, and approved unanimously via voice vote. 6. Quasi -Judicial and Public Hearinas A. Public Hearing -- Recommendation to City Council -- Code of Ordinance & Land Development Code Amendments -- Ordinance 0-19-07 — Amending the Code of Ordinances, Chapter 86, Article III, by establishing a definition for "Recycling Materials"; and amending the Land Development Code, Article XXII — Language and Definitions, by establishing a definition and land use classification for "Recycling or Materials Recovery Facilities"; and amending Article V -- Zoning District Regulations, by establishing Recycling or Materials Recovery Facilities as conditional uses in the Industrial Zoning District; and amending Article VI — Conditional Uses Criteria, by establishing specific conditions for Recycling or Materials Recovery Facilities Mr. Stokes stated that this is not a quasi-judicial hearing, so witnesses will not need to be sworn in. The Commission will be required to make a recommendation, which will then go before City Council. He then read the Ordinance into the record. Ms. Kautenburg asked if any of the Commissioners had had any ex parte communications regarding this matter. All Commissioners answered no. Mr. Reyes pointed out that when the Ordinance was read into the record, the definition for "Recycling" Materials should have been "Recyclable" Materials. Ms. Frazier stated that was a typographical error on the Agenda. It should read "...a definition for'Recyclable' Materials..." Ms. Kautenburg then asked for input from staff. Ms. Frazier reviewed the history of staffs interaction with the applicant on this matter. The proposed business is to be a recycling operation. Ms. Frazier stated that, in looking at Sebastian's Code of Ordinances, recycling is not addressed. She described this as being a green industry and perhaps that is something the City would want to establish in the community. Presently, junkyards and salvage yards are prohibited in the City. Staff felt that it was important to redefine recyclable materials within the Code of Ordinances and then move on to the Land Development Code to define where recyclable materials centers could be established and what conditions could be placed on any future PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF OCTOBER 3, 2019 development of such industry in this community. She stated the applicant is present this evening to state his case. Mr. Roth asked if the wording in the agenda in red is the suggested modifications. Ms. Frazier stated yes. Ms. Kautenburg then asked to hear from the applicant. Rebecca Grohall represented the applicant and talked about the importance of recyclable materials being addressed in today's construction industry. She described that materials used by the construction industry contain 50% to 90% recyclable materials. She went on to describe what happens to those materials when they go to a recycling facility. Ms. Grohall stated Indian River County has the goal of reducing the amount of recyclable materials that go to landfills in order to extend the life of the landfills. She stated recyclable materials facilities simply gather those metal and recyclable materials and bundle them to be sold to a facility where they're refabricated into products. She emphasized that the recyclable materials facilities are a drop-off point, where once they receive the recyclables they simply bundle them and send them off site to be refabricated or further recycled. Ms. Grohall then asked the applicant to speak to the matter. Shannon Cook, the property owner, described how the metals are separated into classifications and are weighed. Those items are then placed in a container for shipment. He stated nothing is stored on site. When the materials come in, they go out right away. Mr. Cook also stated that there would be no "junk" coming into his facility. The only items coming into his facility would be recyclable materials. He stated he thinks the City of Sebastian will be proud of his facility and the way it is maintained. Mr. Hughan: • Inquired if most of the users of this facility will be commercial. Mr. Cook stated most of his accounts would be private users. Mr. Alvarez: • Inquired about where exactly this property is located. Mr. Cook explained it is in the Roseland Road area and is surrounded completely by County property. This is the only piece of property like this in the City of Sebastian. Mr. Stokes explained that the Commission is considering a text change to the Code; this is not site specific like a variance or a special exception. So this will not affect just this property, and this could come up in other places that meet the requirements of what the new language will be. PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF OCTOBER 3, 2019 Mr. Roth: • Stated that in the Agenda packet was a development order application for Red Warrior Holding Corporation. He inquired whether that is included as part of this application. Ms. Frazier stated it is included because the applicant paid for the City to consider a text amendment. So that application shows that this is for a text amendment. • Regarding the Ordinance itself, he read the part of the Ordinance that says it "...specifically prohibits junk as defined in..." and it goes on to describe household appliances, scrap metal, etc. In another section of the proposed Ordinance it goes on to say, "No materials may be burned on site, and no hazardous materials shall be stockpiled on site." He asked for clarification. Ms. Frazier read from the Ordinance that section which defines junk and hazardous materials as being disallowed on site. She stated that this is something the Commission may want to consider as being allowed on these sites. She further stated that the applicant in this case stated there will be no hazardous materials or junk stored on his site, but she wanted to remind the Commission members that, if they allow for the text change, there may be other applicants who will want to be able to store those items. She also suggested the Commission may want to address the size of the sites being larger than a half -acre. Mr. Mauti: • Since this is a text amendment only, he queried if the applicant will come back to this Commission for approval under a special use. Ms. Frazier stated that is correct. • Asked what kind of machinery will be used. Mr. Cook stated it would be a forklift to load the trucks, a smaller front-end loader, and an excavator with a claw on it to pick up the materials and drop them into a trailer to be sent out. • Asked if Mr. Cook's business will be subject to inspections by the EPA and other agencies. Mr. Cook said he will be subject to inspections by several agencies. Mr. Reyes: • Stated that he is familiar with the recycling sites, and when there is a storm the traffic in and out of these facilities becomes a problem on some of the small sites. Mr. Cook stated his site is five acres, so it is definitely large enough to accommodate the traffic, etc. • Also described oil and gasoline from batteries, motors/engines, etc. that gets spread around these sites, and that is hazardous material. That then becomes a problem if the business is discontinued and the site is attempted to be sold. Mr. Cook said those items with hazardous liquids, etc. are all drained inside a building. Then the liquids are also recycled. He works with DEP and other agencies in order PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF OCTOBER 3, 2019 to be in 100% compliance. He also agrees that the sites for this business should be larger than a half -acre. • Had some questions about the wording of the proposed text change. He stated the definition of junk is subject to broad interpretation. He thinks the subject of "junk" should be better defined. Ms. Frazier described how staff arrives at the verbiage they use in these Ordinances and amendments, some of which is taken from wording of other municipalities' Codes. • Regarding the area of separating and sorting recyclable materials, it is his understanding that there is never going to be hazardous materials on site. • Questioned whether these sites will be in zones that are classified as industrial. Ms. Frazer stated that is correct. • Addressed the size of the facilities. Ms. Frazier asked, if the Commission has a recommendation as to the size of the lots on which these businesses are located, to put that in any motion that is made. • Addressed the height of the wall/screen that will be required. Ms. Frazier suggested that language be used as to screening of refuse containers and their location. Ms. Kautenburg: • Inquired of Mr. Cook if there are requirements in this industry to verify ownership of the materials that are being received. Mr. Cook stated that when recyclables are bought by his business a picture ID is required and a thumbprint is taken. He stated there is a lot more control over this business than there was in the past. There was a discussion among the Commission members and staff as to what the size of these lots should be. It was the consensus that two acres should be the minimum size of the properties for recyclable businesses. There being no further discussion, Ms. Kautenburg called for a motion. A motion recommending to City Council Code of Ordinance & Land Development Code Amendments to Ordinance 0-19-07 amending the Code of Ordinances, with the following changes was made by Mr. Reyes and seconded by Mr. Carter. Under Article VI, Item 1, the minimum lot size shall be two acres. Adding an Article X to Item 1, as discussed. Roll Call Mr. Hughan -- Yes Mr. Mautl (a) -- Yes* Mr. Qizllbash — Yes Mr. Alvarez — Yes PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF OCTOBER 3, 2019 Ms. Kautenburg — Yes Mr. Reyes -- Yes Mr. Roth — Yes Mr. Carter -- Yes * EDITOR'S NOTE: Vote by the alternate member, Mr. Mauti, was not necessary. Voidance of his vote does not affect or change the unanimous recommendation by the Commission. Vote was 8-0 in favor. Motion carries. 7. Unfinished Business — None 8. Public Input — None 9. New Business — None 10., Commissioners Matters Mr. Roth: • Suggested the City provide shirts like the ones that were received in the past. • Asked for an update on the property that AT&T bought and on which they propose to erect a new building, and also on the property that Verizon has purchased and proposed to erect a new building. Ms. Frazier stated AT&T is moving forward with getting permits. Regarding the Verizon property, staff has not heard anything to this paint. Mr. Reyes: • Complimented staff on the timely delivery of the Agenda packets. The remaining Commission members joined in that compliment. • Asked if there has been any feedback on the large drainage swales that are not getting mowed in a timely manner. Ms. Frazier will follow up on that. Ms. Kautenburg: • Regarding the new Comprehensive Plan that is being worked on for the City, she opined that the subject of affordable housing will be brought up again. After this Commission's last meeting, she did address this matter. Since then, she has done some research and discovered that the average wage for an employee of the City of Sebastian is $15.85 per hour. She also did some research on the average rental in the City and discovered the lowest rental in the City was $1.450.00 per month. This equals approximately 41 per cent of gross wages. Furthermore, the average sale price of a home in Sebastian is $213,107.00. She would like to see the City PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF OCTOBER 3, 2019 put together a plan so that people can obtain affordable housing in Sebastian. She recommended the AARP website as being a source of information on affordable housing in communities. She asked that the members consider this matter and try to come up with ideas to address this subject. She asked that the Commission put together a plan so that people can obtain affordable housing in Sebastian. She recommended the AARP website as being a source of information on affordable housing in communities. She asked that the members consider this matter and try to come up with ideas to address this subject. She asked that the Commission consider affordable housing for the people who work in Sebastian, such as police, nurses, firemen, City employees, etc. Mr. Reyes brought up the "Spirit of Sebastian" project and inquired if there wasn't something in this plan to provide multi -family housing. Ms. Frazier said that idea is still viable, but the developer has had to make some adjustments to the plan. Mr. Reyes also brought up the idea of tiny homes and mooring sites for consideration. Ms. Frazier stated there are a number of facilities that need to be built in order to support a mooring field. Ms. .Frazier also recommended the AARP website as having a wealth of information regarding affordable housing. She also informed the Commission that staff is working on conducting workshops in the future regarding this matter. Mr. Mauti: • Asked for an update on the vacation rentals. Ms. Frazier stated a lot of individuals have registered their homes. Those who had complaints made against them have come into compliance, and she feels there is a good number of rental properties. 11. City Attornev Matters -- None 12. Staff Matters — None 13. Adjourn Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 7:27 p.m. A