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HomeMy WebLinkAbout02-06-2025 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES FEBRUARY 6, 2025 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m. II. Pledge of Allegiance -- was recited by all. III. Roll Call Present: Ms. Matthews Ms. Kautenburg Mr. Carter Absent Ms. Kinchen -- Excused Ms. Geesey -- Excused Mr. Roberts (alternate) -- Unexcused Also Present Ms. Mr. Renoeno (alternate) ternate) � Ms. Battles .� Jennifer Cockcroft, City Attorney Alix Bernard, Community Development Director Dorri Bosworth, Community Development Manager Michelle Faulkner, Senior Planner Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer IV. Announcements and Agenda Modifications: �ca Ca a U t �c C � �� O a�9 CON < <m Ms. Kautenburg announced that Commissioners Cindy Geesey and Linda Kinchen are both excused from tonight's meeting, and alternate member Terry Reno will be voting. V. Approval of Minutes All commissioners having indicated that they have reviewed the Minutes of January 16, 2025, Ms. Kautenburg called for a motion. A motion accepting the Minutes of January 16, 2025 as presented was made by Mr. Carter, seconded by Ms. Matthews, and approved unanimously via voice vote. VI. Local Planning Aaencv (LPA) Public Hearings PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING FEBRUARY 6 2025 A. Public Hearing -- Recommendation to City Council -- Land Development Code Amendments -- Ordinance 0-25-06 -- Amending Article XXII, Language and Definitions, by establishing a definition for Accessory Dwelling Units; and Amending Article VII, General Regulations, by establishing new regulations for Accessory Dwelling Units and updating regulations for Accessory Structures relating to Accessory Dwelling Units; and Amending Article VI, Conditional Use Criteria by deleting the specific criteria for Guest Houses; and Amending Article V, Zoning District Regulations, by deleting Guest Houses as Conditional Uses from the RS-20 & RE-40 Zoning Districts. Ms. Cockcroft read the item into the record as follows: This is a recommendation for a textual amendment to the City's Code of Ordinances entitled Ordinance 0-25-06, an ordinance of the City of Sebastian, Florida, amending the Land Development Code of the City of Sebastian by adding Section 54-2-7.23 to establish new standards for Accessory Dwelling Units, amending Section 54-5-22.2 by establishing a definition for Accessory Dwelling Units, amending Section 54-2-7.5 to update regulations regarding Accessory Structures pertaining to Accessory Dwelling Units, amending Section 54-2-6.4 by deleting conditional use criteria for Guest Houses, amending Sections 54-2-52.1 and 54-2-5.22 by deleting Guest Houses as conditional uses from the RE-40 and RS-20 zoning districts, providing for severability, codification, scriveners' errors, and ineffective dates. Ms. Bosworth stated this was an outside application requesting the textual amendment. The applicants are here and, if the commissioners would like, they can explain what generated this application for them before the Commission. Jim Adams with Renovations Plus of Indian River County identified himself and stated the reason for application is because they have had a number of members of this community who have run into some issues with affordable housing, having a place for aging parents to live that is affordable, some multigenerational people living with younger children who are special needs that are high functioning. Thus, his company felt like they had a number of customers asking them if a second dwelling is something his company could do for them. After having several conversations, his firm felt that this would be a great opportunity to request an amendment and to see if it is something that the City would approve so they could help folks in the community with those needs. He stated he would be happy to answer any questions. Ms. Kautenburg said that would happen later in the hearing. Ms. Bosworth explained the history of this particular request. She went through each section of the Ordinance, and the Commissioners asked questions at that time. She explained how this proposed amendment was developed. She then stated that the PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING FEBRUARY 6, 2025 following criteria shall be considered by the commissioners in their review of the proposed amendment: A. Consistency with Plan. Whether the proposal is consistent with the comprehensive plan. The commission shall identify and inconsistencies. B. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the City of Sebastian Code of Ordinances. C. Changed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the amendment. D. Land use compatibility. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. E. Adequate public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. F. Natural environment. Whether, and the extent to which, the proposal would result in significantly adverse impacts on the natural environment. G. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, or the general welfare. H. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such pattern shall be identified. I. Public interest; enabling act. Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and interest of this ordinance and its enabling legislation. J. Other matters. Other matters which the Planning and Zoning Commission may deem appropriate. PLANNING AND AGENCY/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING FEBRUARY 6, 2025 There were several questions by the commissioners concerning the criteria that Ms. Bosworth explained as follows: Ms. Lorusso asked questions regarding garages. She also asked questions regarding in-law apartments. Mr. Brad Reardin, co-owner of Renovations Plus, addressed these questions. She also asked regarding houses that have requirements for septic and houses on canals. Ms. Bosworth said it will depend on the following: if you are in a flood zone; they must get their Health Department permit if they have to adjust their existing system or add a new one in; there is also a requirement that you have to be a certain elevation above the crown of the road. Ms. Battles asked questions regarding the size of the Accessory Dwelling Units. She also asked regarding restrictions on the number of Accessory Dwelling Units. Ms. Bosworth addressed this question and said, if that is not in this section of the ordinance, she will see that it is added (number of ADU's) and that the proposed size could not be more than 50% of the house size. Ms. Battles also suggested that the Accessory Dwelling Unit should be behind the front face of the primary residence. Ms. Bosworth said yes, that is correct, and that is already included in the proposed design of the Accessory Dwelling Units. Ms. Kautenburg asked regarding Amendment 2, Section 54-2-7.23, Number 3, as well as the section which addresses no short-term rentals. Ms. Bosworth added that the owner of the primary structure did not have to live on site, either in the accessory dwelling unit or in the primary structure, and she explained in detail the decision regarding that situation. Ms. Kautenburg also had some concerns regarding enforcement which Ms. Bosworth addressed. Ms. Cockcroft also addressed this concern. Ms. Kautenburg asked regarding one or more addressees at the same address, which Ms. Bosworth addressed. Ms. Kautenburg asked if one of the existing garages could be turned into the accessory dwelling unit of an existing home. Ms. Bosworth said yes, as long as the site met its requirement for a one -car garage or carport. Mr. Carter asked if accessory dwelling units can be a conditional use. Ms. Bosworth said only in two zoning districts which are RE-40, which are acre lots, and there is only one subdivision like that, and RS-20 on a 30,000 square foot lot they can allow guest houses as conditional uses. Mr. Carter asked if there can be a variance as well. Ms. Bosworth said there can probably be a special exception, but currently accessory dwelling units are not allowed except for those two zoning districts. In answering another question from Mr. Carter, Ms. Bosworth stated that the state definition is that short-term, transient rentals, is 30 days or less. She added that the City has always looked at a long-term rental as either a 6-month or a 9-month lease. The City does not want these units to be turned into AirBNBs. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING FEBRUARY 6, 2025 Katherine Rondeau (member of the audience) spoke against this plan and gave the reasons why. Ms. Bosworth explained that she had used several templates and criteria taken from other entities such as the American Plan ning.Association, AARP, and also looked at Sebastian subdivisions. She stated that staff recommends approval and moving this on to City Council. Any changes or discussions that the commission has will be added to the proposed ordinance that is taken to City Council, such as number allowed, commercial use, and vacation rentals. Ms. Cockcroft stated that what the commissioners are seeing tonight is not going to be the end product. Regarding the changes with respect to the short-term rentals, she has to make sure that this complies legally, and so the commissioners can expect some changes to the prohibition section. She said there needs to be care taken to make sure that people's property rights are not restricted with respect to telling them whether or not they can rent it or not. That is generally the provision of a deed restriction or things of that nature. She added that we can get into restricting situations if it is a multi -family situation in certain zoning districts. That is going to have to be explored a little further to make sure that we are in compliance legally. Mr. Carter felt that he does not see why the commissioners have to make a recommendation based on what has been presented here if there are going to be changes. Ms. Cockcroft said that so far, the only changes are with respect to Section B, Prohibition. Ms. Battles suggested the commissioners should go through letters A through J in the first draft. She stated it is her opinion that this is much needed for the community to help combat the housing issues the City has. She is in support of this proposal. She would add a limit to one per lot. Ms. Bosworth said that language will be included. Katherine Rondeau spoke again. She said she moved to Sebastian because she thinks it is the most beautiful town from Maine to Miami, and we have a treasure here. She opined that if people think that putting a little added unit on someone's property is going to add value to that property for your neighborhood, and you do not know who is in there, because it is not particularly relatives; it is for whomever needs temporary help from their housing, this has gone from a unit advertised to help a family member to now we are helping people who cannot afford something, people need a little assistance in getting rental property, she said she cannot imagine anyone's property value increasing with these small units being permitted. Ms. Bosworth stated that there are still a lot of other zoning district regulations that will have to be met, and 30% coverage is going to be important on what size, if you even can PLANNING AND ZONING COMMISSIONILOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING FEBRUARY 6, 2025 have the additional structure. She opined that there are not going to be a lot of these popping up in the City unless you have a double lot. Mr. Adams, one of the applicants, stated that this is already happening without proper code, so there is a safety issue with that. People are doing it inside their garages without getting permits, having a handyman to come in and do these dwellings. Mr. Reardin, one of the applicants, stated that he understands people's concerns, and his company has spoken to dozens of folks throughout the area, and he has yet to have one person wanting to do it for the purpose of rental. He understands that some people do need it to help their income because the cost of living has gotten so outrageous. There was some closing discussion among the commissioners prior to Ms. Kautenburg calling for a motion. A motion to recommend to City Council approval of the Land Development Code Amendment, Ordinance 25-06 with the following modifications: one being to limit to one accessory dwelling unit per lot; the second to amend the restrictions being in line with statutes, and the third being that the commissioners find it meets the criteria A through J from the Land Development Code required for a text amendment. This motion was made by Ms. Battles and seconded by Ms. Lorusso. Roll Call Ms. Battles -- Yes Mr. Reno (alternate) -- Yes Ms. Kautenburg -- Yes Ms. Lorusso -- Yes Ms. Matthews -- Yes Mr. Carter -- No Vote was 5 yes and 1 no. Motion Passes VII. Planning and Zoning Commission Quasi -Judicial Hearings: -- None Vill. Unfinished Business -- None IX. New Business -- None X. Adjourn There being no further business, Ms. Kautenburg adjourned the meeting at 7:15 p.m. j9