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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 ~ f;Us(:- "1 . CHAIRMAN (BOARD}~iI\m.l~ 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 2 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 3 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