HomeMy WebLinkAbout06132005 CRAC
CITY OF SEBASTIAN
COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE
MINUTES OF REGULAR MEETING
JUNE 13, 2005
Chmn. Dill called the meeting to order at 6:00 P.M. and the pledge of allegiance was said by all.
PRESENT:
Warren Dill Donna Goff
Louise Kautenburg Michael Kidde
Ray Coniglio Nancy Paternoster
Damien Gilliams Ed Seeley
AI Paternoster Cory Richter
Richard Smith, Ex-Officio Member
Patricia Jamar, Ex-Officio Member
EXCUSED:
Joe Barczyk
Carolyn Corum
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"1 . CHAIRMAN
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APPROVEO ,/' DATE. lor
,
APPROVED SUBJECT TO_
CITY COUNCIL:
Mayor McCollum
Ms. Coy
Mr. Negiia
Mr. Burkeen
Ms. Monier
ALSO PRESENT:
Rich Stringer, City Attorney
AI Minner, City Manager
Trace Hass, Growth Management Director
Jan King, Growth Management Manager
Dorri Bosworth, Zoning Technician/Secretary
Sally Maio, City Clerk
ANNOUNCEMENTS:
Chmn Richter stated for the record that Carolyn Corum and Joe Barczyk are excused from the
meeting and Louise Kautenburg will be voting.
APPROVAL OF MINUTES:
A motion was made by Coniglio/Dill to approve the minutes of May 9, 2005. A voice vote was
taken and motion passed unanimously.
NEW BUSINESS:
WORKSHOP WITH CITY COUNCIL REGARDING ORDINANCE 0-05-13 CREATING
SEBASTIAN BOULEVARD TRIANGLE OVERLAY DISTRUCT REGULATIONS
Chmn. Richter explained the joint workshop between CRAC and City Council and turned the
meeting over to Mayor McCollum. Mayor McCollum noted discussion council had at the May 25th
meeting regarding Ordinance 0-05-13 for the Triangle Overlay District. Many people had
approached the city council wanting to give their input regarding this ordinance and the council
decided to hold a workshop so they can hear from the public as well as CRAC. Mayor McCollum
asked if anyone from the public would iike to speak at this time.
Susan Seigel, attorney with Rudd and McClosky, pt. St. Lucie, FL represents a group of investors
that own a parcel that now has the dredged pond on it within the triangle. The buyers were
assured at closing that the current zoning of CG would be in place. She specifically referenced
LDC Article 21 Perfonnance Overlay Districts 54-4-21.1 of Intent states,". the underlying uses in
COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE
MINUTES OF REGULAR MEETING OF JUNE 13, 2005
the area as determined in Chapter 2 of the Code remain undisturbed by the creation of the
performance overlay zone." Specifically the Riverfront and C-512 overlay zones did not change
the uses but what they have to look like. This ordinance not only changes appearance but also
uses. She requested council to keep the uses the same however impose strict architectural
standards.
Jim Weber, Sebastian, Fl asked if everyone had a list of the uses to refer to and Ms. King said
they did. He asked if permitted uses in commercial/general were also permitted in industrial. Mr.
Hass replied generally that is correct. Mr. Weber pointed out that the permitted commercial uses
have been changed to conditional and the industrial uses have been cut to a minimum. He
expressed concern about property rights.
Mayor McCollum said there appears to be two issues; the actual zoning versus building
something that would fit into the area. Ms. Monier clarified conditional use as a double-check
system and does not eliminate it from the code. Mr. Stringer said as a rule ail zoning cannot be
strictly conditional use but in this interim classification it could be justified. Another option would
be to establish a moratorium and stop anything from happening in that district while developing
the changes to the land development code. Regarding architectural design Mr. Stringer said by
this ordinance the C-512 architectural overlay rules would expand to include the entire triangle
and not just the frontage parcels.
Mr. Gilliams asked the city attorney to give an interpretation of the difference between permitted
and conditional uses. Mr. Stringer replied permitted allows a use where under conditional there
are specific criteria listed in the code as well as the general criteria. Basically, you can put in
conditions to make a project more compatible with the surrounding uses whereas with a permitted
use you can only address the technical requirements of the code. Ms. Coy asked if we were in
violation of our own code and Mr. Stringer said the proposed ordinance reads, "Notwithstanding
the provisions of 54-4-21.1.: Citing Ms. Seigel's concerns, Ms. Coy felt this ordinance severely
restricts what can be done with property within the triangle. Ms. Monier listed uses in the
industrial zone proposed to be removed as vehicular sales and service, adult entertainment and
changing commerciai amusements to miniature golf only and questioned how some of them could
be allowed even with an architectural design standard. After a brief discussion on industrial zone
uses Mayor McCollum stated that everyone was in agreement to delete adult entertainment from
the overlay district uses.
Discussion continued regarding property rights and changing the uses in the underlying zones.
Mr. Stringer interjected that every zoning law is a limitation of private property rights. He added
that there are many factors in the equation, which causes complication, but a prime concern is
has a financial burden been placed on the property caused by a zone change. Ms. King offered a
timeline of when the Industrial zone came into effect in the triangle. In 1985 there was RMH and
Industrial zones. Then in 2000 or 2001 the RMH was eliminated and the Industrial zone was
expanded. Mr. Gilliams asked if they could accomplish their goals with restrictive landscaping,
good architecture and not disrupt people's private property rights.
Mayor McCollum stated the reason for meeting was for city council to get the opinion of CRAC as
to what they want to see in the triangle area. Mr. Stringer added that some of the CRAC
committee members have changed since this issue first came before them. Staff had no input on
the proposed changes. The ordinance was first presented to planning and zoning, which
reviewed existing uses and made suggested changes. They sent the revisions to CRAC for their
input and comments, the ordinance went back to planning and zoning, which then adopted it and
forward it to city council. Mr. Dill thought the intent of the CRA District Plan was to change the
character of the triangle to some extent. His opinion was to leave most of the commercial uses in
place, tinker with some of the industrial uses and leave the conditional uses in place, possibly
expanding them, so the commission could get one more iook at applications. Mr. Neglia offered
he would like to see commercial/general with residential and less industrial uses within the
triangle area. Mr. Seeley commented that both Planning and Zoning and CRAC have reviewed
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COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE
MINUTES OF REGULAR MEETING OF JUNE 13, 2005
this document, made their suggestions and he sees it as a fairly complete package and should
move forward with this ordinance.
Mayor McCollum excused himself and turned the meeting over to Vice Mayor Burkeen. At the
request of some of the members of the board, Mr. Hass explained the process of a conditional
use application. Mr. Coniglio said since our attorney advised we not do total conditional uses,
variances would come more into play with conditional uses. He stated he was uncomfortable
mixing residential with industrial but not with residential and commercial.
Mr. Minner said he is hearing some of the same things from both sides. By creating a
redevelopment agency you are saying you want to grow different and have different rules. He
sees a balance is needed between the CRA district and property owners. Mr. Minner suggested
they do a bullet-point of the industrial uses listed in the LDC specifying what they do and do not
want in that area.
A break was called at 7:12 p.m. The meeting was reconvened at 7:20 p.m.
The members resumed discussion on vehicular sales and repair and Ms. Coy asked how many
parcels of land in the triangle area are large enough to do that type of business. Mr. Hass said
right now there are only four parcels of sufficient size to accommodate that use but someone
could have the ability to accumulate a series of properties and then entitle them together.
At this point of the meeting, CRAC and City Council reviewed permitted and conditional uses for
the commercial general and industrial zones. See attached list for the agreed upon uses.
A break was called at 8:59 p.m. The meeting was reconvened at 9:07 p.m.
OLD BUSINESS:
DISCUSSION OF CRA FINANCIAL STATEMENT
Chmn. Richter asked to table this item and ask Finance Director Shai Frances to attend our next
meeting. Mr. Stringer explained that the figure on the statement is the amount that has not been
budgeted. He reminded the committee that they had approved approximately $75,000 that had
been paid for festivals and lighting and such. It left a balance in excess of $200,000 that is not
designated. Each year it must be spent or commit it to a capital project that will be done within
three years. This money will have to be committed by the end of this fiscal year to a project. Last
year the committee looked into bonding and determined it was not fiscally feasible at this time.
The gateway project from the CRA Plan was chosen as a small-scale project to fund. What has
been discussed was designating 10 or 15 percent of your revenues to incentive programs like a
cost-sharing program for replacing non-conforming signs.
DISCUSSION OF FUNDING FOR CRA STAFF POSITION
Chmn. Richter referred to a memo from Jan King in answer to a question from Mr. Gilliams; there
is no program with the Florida League of Cities where they lend out professional assistants. He
said they would have to go forward with a description for the position and asked Mr. Hass for
input. Mr. Hass said there has been discussion about a combined CRA Manager and Planner, in
which the salary would be divided SO/50 between the city and CRA District. There was
discussion whether the position was needed at this time. Mr. Minner suggested having a vision
plan in place so a CRA Director would have something to work with.
MOTION by Seeley/Gilliams to postpone discussion on the new position until the July 11, 2005
meeting. A voice vote was taken. Motion passed.
PUBLIC INPUT:
NONE
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COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE
MINUTES OF REGULAR MEETING OF JUNE 13, 2005
COMMITTEE MEMBERS' MATTERS: NONE
ATTORNEY MATTERS:
STAFF MATTERS:
NONE
Ms. Bosworth stated for the record that Mr. Smith and Ms. Jamar were not polled on the vote as
they are non-voting ex-officio members.
Chmn. Richter adjourned the meeting at 9:32 p.m.
(6/22/05 SBL)
4
Commercial General - Permitted Uses:
Cultural or civic facilities
Churches
Clubs and lodges, public and private
Business and professional offices, excluding drive-through facilities
Medical services
Commerciai retail ~ 20,000 sq. ft.
Plant nurseries
Restaurants, excluding drive-through facilities
Trade and skilled services
Hotels and motels
Administrative services, public and private
Accessory uses to permitted uses
Home occupations
All uses permitted within the RM-8 Zoning District
Commercial General - Conditional Uses:
Bars and lounges
Commercial retail> 20,000 sq. ft.
Business and professional offices with drive-through facilities
Farmer's markets
Funeral Homes
Nursing Homes
Child Care Services
Utilities, public and private
Parks and recreation, public
Protective and emergency services, public
Restaurants with drive-through facilities
Veterinary services
Wholesale trades and services
Commercial amusements, enclosed
Accessory uses to conditional uses
Vehicular Sales Indoors
Gasoline sales with retail attached
Parking garages
Industrial - Permitted Uses:
Business and professional offices, with or without drive-through facilities
Commercial retail..s 5,000 sq. fl.
Commercial amusements, enclosed
Plant nurseries
Restaurants with or without drive-through facilities
Trades and skilled services
Wholesale trades and services
Veterinary services
Clubs and lodges, public and private
Administrative services, public and private
Accessory watchman facilities
Medical services
Accessory uses to permitted uses
Industrial - Conditional uses:
Commercial retail with> 5,000 sq. ft.
Hotels and Motels
Protective and emergency services, public
Parks and recreation, public
Parking garages
Utilities, public and private
Commercial amusements, unenciosed
Flea markets
Industrial activities (as defined in P & Z recommendation)
Vehicular Sales Enclosed
All uses permitted within the RM-8 Zoning District
Accessory Uses to conditional uses
Public Services - NO CHANGES from LOC