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HomeMy WebLinkAbout12032009 PZ MinutesMr. Cardinale called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: NEW BUSINESS: PRESENT: ANNOUNCEMENTS: CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 3, 2009 Mr. Dodd Mr. Simmons Mr. Cardinale EXCUSED: Mr. Buchanan Mr. Paul ABSENT: Mr. Srinivasan ALSO PRESENT: APPROVAL OF MINUTES: Regular Meeting of 11/5/2009 LPA Meeting of 11/19/09 Mr. Neuberger Mr. Hepler Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, City Attorney Dorri Bosworth, Zoning Technician Mr. Cardinale announced that Mr. Buchanan and Mr. Paul are excused and Mr. Hepler and Mr. Neuberger will be voting. ac a E m 0 o. a c CON a MOTION by Dodd /Simmons to approve the P &Z meeting minutes of 11/5/09. Motion was approved on roll call. MOTION by Simmons /Neuberger to approve the LPA meeting minutes of 11/19/09. Motion was approved on roll call. Mr. Cardinale asked for a voice vote to change the order of the agenda and hear new business before old business. All commissioners voiced approval. ACCESSORY STRUCTUIRE REVIEW SECTION 54 -2 -7.5 106 HIGH COURT 24' X 28' DETACHED GARAGE COAST TO COAST BUILDERS Ms. King reviewed the staff report. She noted the proposed height of the accessory structure is one foot higher than the house but this would not be a problem as no additional fill will be brought onto the property. Also, they will be required to obtain an auxiliary driveway permit from our engineering department. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 2009 The applicant, Chris Dales, explained the structure will be a slab on grade and the height would be in close proximity of the house. Mr. Cardinale asked about landscaping and Ms. Bosworth explained it is not required because it is not over 750 square feet. MOTION by Dodd /Simmons to approve the accessory structure at 106 High Court as per staff recommendation. ROLL CALL: Mr. Neuberger yes Mr. Dodd yes Mr. Hepler yes Mr. Simmons yes Mr. Cardinale yes The vote was 5 -0. Motion passed. OLD BUSINESS: REVIEW AND RECOMMEND TO CITY COUNCIL —THE PROPOSED ANNEXATION AND RESTRICTIVE COVENANT FOR A 5.9 ACRE PARCEL LOCATED SOUTH OF VICKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD Ms. King reviewed the annexation, land use and zoning change for this property. She explained that the commission recommends an appropriate zoning and land use for the property. This was done and recommended that both land use and zoning be industrial with a covenant that would run with the land. This covenant would restrict some of the industrial uses that would normally be allowed. The annexation was presented to City Council which approved the three ordinances on first reading, the annexation, land use and zoning. However, City Council asked that the covenant be reviewed by Planning and Zoning prior to the second reading. Staff believes that the covenant does meet the intent of the Planning and Zoning Commission. Mr. Cardinale asked the applicant for comments. Mr. John Malek, Vero Beach, FL, representing Bridgeton Properties made himself available to answer any questions. Mr. Simmons and some other commissioners were concerned about the industrial uses that would still be allowed under the covenant. Mr. Ginsburg explained the issue. There is no specific zoning category strictly for storage facilities. The covenant could have been written that the property will be used for storage facilities and ancillary use, or uses ancillary thereto, but wasn't. What they did do was review the industrial zone uses, and struck out a number of them. The covenant is in proper legal form and can only be done as a voluntary declaration restrictive covenant by the property owner, not a government body. Mr. Ginsburg added if a government body were to write a restrictive covenant it would be considered contract zoning and that's not permitted. We are allowed to accept a tender of a voluntary restriction that the owner's placing on his own property. It runs with the land, it binds the bank in case it is foreclosed, it binds subsequent purchases, and we can accept it and we can enforce it once it's accepted. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 2009 The recommendation to the city council should be based on only what the Commission has before them; a parcel of land to be designated industrial zoning with a restrictive covenant that strikes out a certain number of uses otherwise permitted in that category. Mr. Cardinale invited anyone from the public to comment or ask questions. Beverly O'Neil, Breezy Village Mobile Home Park. She reviewed a meeting park residents had with Mr. Malek and noted a few allowed uses that were not restricted in the covenant but she thought should be, such as vehicular sales, service and maintenance, as well as trade and skilled services. She also thanked the city for sending out all the meeting notices. Tim Snarley resident of Breezy Village Park is concerned that anything not specifically prohibited can be allowed. Mr. Malek explained that the units he is proposing do not contain water or electric. He added that they do not allow anyone to work on vehicles or run a business out of the units. The RV storage area only has one outlet and one light per space. Ms. Grohall added if this parcel were to remain in the county the zone designation CI or heavy commercial could actually hold a concrete or rubber processing facility or any number of less desirable uses. The city has more control over this parcel through annexation than what would otherwise occur. Mr. Dodd stated that he personally does not condone industrial uses next to residential zones. Mr. Neuberger expressed concerns about uses that could be allowed in the industrial zone. Mr. Cardinale asked Ms. Grohall to point out on an aerial map other industrial zone areas in proximity to the mobile home park. She noted five parcels. MOTION by Cardinale /Hepler to recommend city council accept the restrictive covenant and approve the annexation with an industrial land use and zoning. ROLL CALL: Mr. Neuberger yes Mr. Dodd Mr. Hepler yes Mr. Simmons Mr. Cardinale yes The vote was 3 -2. Motion passed. no no Mr. Cardinale informed the public that this item will next go to City Council and Ms. Grohall said it will be on the December 16, 2009 agenda as a public hearing at which time both the Planning and Zoning recommendation will be read into the record and the public is welcomed to give their input for or against the project. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: Mr. Dodd mentioned that Sebastian is on Google Earth street view. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 2009 DIRECTOR MATTERS: Ms. Grohall announced a few upcoming events. Saturday, December 5 LoPresti, a brand new business at the airport, is having a grand opening with a breakfast, skydiving demo, hot air balloon rides, weather permitting, their stunt flier will be available and antique cars; later that day is the Sebastian Christmas parade on Indian River Drive at 6:00 P.M. Also, Friday, December 4 is the 21 annual Sebastian Light -Up Night. ATTORNEY MATTERS: NONE Mr. Cardinale adjourned the meeting at 7:58 p.m. (12/04/09 sbl) 4