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Home My WebLink About01172008 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 17, 2008 Vice-Chairman Paul called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Buchanan Mr. Cardinale Mr. Dodd Mr. Paul Mr. Simmons Mr. Blais ALSO PRESENT: AI Minner, City Manager Rich Stringer, City Attorney Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Linda Lohsl, Recording Secretary ANNOUNCEMENT: NONE APPROVAL OF MINUTES: Regular Meetings of 12/20/07 and 1/3/08 'b ~~ e® ~~ ~ ~ •~ W ~ ~ ~ ~ ~, ~~ s® o~ v ,~ ~ o ~ MOTION by Cardinale/Simmons to approve the minutes of 12/20/07 and 1/3/08. A voice vote was taken and all were in favor. Motion passed unanimously. OLD BUSINESS: NONE NEW BUSINESS: PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -LAND USE AMENDMENT & REZONING (fora Proposed Annexation) - 13225 U.S. HIGHWAY #1, SHADY REST MOBILE HOME PARK, NORTH AND ADJACENT TO ST. SEBASTIAN CATHOLIC CHURCH - 17.15 ACRES - REQUEST FOR RMU (RIVERFRONT MIXED USE) LAND USE AND CR (COMMERCIAL RIVERFRONT) ZONING Mr. Paul opened the hearing and asked for any ex pane communications; there were none. He then swore in anyone wishing to speak. Mr. Stringer explained the application comes before this commission for land use and zoning. The way you are to approach this is to presume it will be annexed. Annexations are a legislative function of the city council. Attorney Warren Dill, 1565 U.S. Highway #1, Sebastian introduced himself as representative of Edward and Carole Wagner, the owners of the property. He also PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2008 introduced Mr. Jim Williams, the manager of the property for the past seven years. Mr. Dill gave an overview of the property location and pointed out key facts from the staff report, notably the applications are consistent with all the requirements on your comprehensive plan and that it meets all your code requirements. The development of the site will provide for the orderly growth and development of the city. It is adjacent to other commercial uses along U.S. 1 and there is water and sewer service to the property. Ms. King gave a brief summary of the application and explained they steered the applicant toward the commercial riverfront designation as a natural progression of the other commercial riverfront properties in that area. Mr. Cardinale asked how the change would affect the people currently living at the park. Ms. Grohall said in conversations with the applicant, they are willing to keep the mobile home use for several years; however she deferred the question to Mr. Dill. Even though it is not a land use issue he responded with it would provide them with no new neighbors. People from the public began calling out and Mr. Paul asked for order and requested that microphone volume be turned up if possible. Mr. Dill continued to explain that when the property is annexed it would become anon-conforming use within the city and they would not be able to add any more mobile homes to the property. Mr. Simmons commented that he thought part of the reason for going through this process is to circumvent the existing county zoning that covers the park. Mr. Dill responded that the county commissioners elected to create a new land use classification specifically targeted towards rental mobile home parks. They did that because they were petitioned by a number of individuals living in these types of parks, including one from Shady Rest. These folks were concerned in the event the use of the park changes, they would not be given adequate time to relocate. The state law provides that residents are to be given six months notice. State law controls that in Florida. Mr. Dill continued to explain the differences between the county and state guidelines. Bottom line, we have a county that may be in violation of state law by what they have done. Mr. Blais asked for an explanation of no additional trailers will be added to the property. Mr. Dill explained that park has pads for 117 homes. There are a total of 79 occupied home on the property now. The reason is because City of Sebastian regulations would not allow them to add homes once they are annexed into the city under the current zoning regulations. Mr. Buchanan asked about a statement in the staff report recommendation, "A possible condition to the annexation agreement may be to allow no redevelopment of the property fora 5-year period." Ms. King explained it was added for information only and they would be suggesting to city council at the annexation meeting that one of the possible things they may do is to place a condition on the annexation and one may be similar to that statement. As there were no other questions from the commission Mr. Paul opened the floor to the public. No one spoke in favor. The following spoke in opposition. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2008 Claire Ranahan, 13225 U.S. Highway 1, a Shady Rest resident for 12 years and currently president of the homeowners association. She talked about post-hurricane events, the lifestyle of the park residents, and asked the city consider following the county's rules. Jim Hosier, A9, Shady Rest, a resident for ten months and was not told of the possibility of the sale of the park. Concerned about the residents on a limited income. Don Lintman (?), Shady Rest, questioned the notice he received from Sebastian about the hearing. Claire Ranahan, asked for clarification of Florida Statute 723.083. Mr. Stringer said that is something that would be addressed when the application goes before City Council. Carol Binka (?), Shady Rest, what are the differences if they are annexed or not. Mr. Paul said they are not the commission to discuss or decide the pros and cons of annexation. Kathleen Ranahan, supportive of her mother, Claire, and is concerned about future plans and how it affects the elderly of this community. Mr. Stringer explained the process of annexation. Mr. Paul closed the public portion of the hearing and asked for further comments from the commission. Answering Mr. Blais' question, Mr. Stringer said if land is annexed it cannot sit with an interim designation, it must have a zone in compliance with the city's zoning codes. Mr. Dodd asked if mobile home parks are permitted in the mixed use designation and Ms. Grohall responded she did not think it was included. MOTION by Simmons/Buchanan to recommend approval of the land use designation of RMU and zoning designation of CR for the subject property located at 13225 U.S. Highway #1. ROLL CALL: Mr. Blais no Mr. Paul yes Mr. Simmons yes Mr. Cardinale no Mr. Dodd yes Mr. Buchanan yes The vote was 4-2. Motion passed. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: There were no comments from the members. Election of Chairperson and Vice-Chairperson: Mr. Buchanan nominated Mr. Paul for chairman. Being no other nominations, Mr. Paul is the Chairman. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2008 Mr. Simmons nominated Mr. Cardinale for Vice-Chairman. Being no other nominations, Mr. Cardinale is Vice-Chairman. DIRECTOR MATTERS: Ms. Grohall wanted to clarify that the applicant stated the property would be part of the CRA district. It is not within the CRA district boundaries however, we might amend the boundaries but most likely would not. She noted available senior housing in existence and planned. She mentioned the FL League of Cities has a board training and anyone who would like to take advantage of it could turn in their sign ups to her tonight or submit to the city clerk. Ms. Grohall advised the board of upcoming comprehensive plan amendments. ATTORNEY MATTERS: Mr. Stringer commended the board for professionally handling a tough situation. Mr. Paul adjourned the meeting at 8:21 p.m. (01/18/08 sbl) 4