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HomeMy WebLinkAbout01172013PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 17, 2013 Chairman Dodd called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all ROLL CALL: PRESENT: Mr. Roth Mr. Dodd Mr. Qizilbash Ms. Kautenburg (a) Mr. Durr Mr. Carter Mr. Paul EXCUSED: Mr. Reyes UNEXCUSED: Mr. Dyer (a) ALSO PRESENT: Joe Griffin, Community Development Director Jan King, Senior Planner Robert Ginsburg, City Attorney Dorri Bosworth, Planner /Secretary ANNOUNCEMENTS: r 4-' �C C.0 C AA cc G a. E ca = a .0 00 CD N Chmn. Dodd stated Mr. Reyes was excused from the meeting, and if Mr. Dyer arrived he would be voting in his place, until then Ms. Kautenburg would be voting. APPROVAL OF MINUTES: MOTION by Paul /Carter to accept the minutes of the December 6, 2012 meeting as submitted. Motion was approved unanimously by voice vote. OLD BUSINESS: None NEW BUSINESS: A. ACCESSORY STRUCTURE REVIEW — LDC SECTION 54 -2 -7.5 — 325 COLUMBUS STREET — 996 SF DETACHED GARAGE & WORKSHOP — STEPHEN & TERESA ROCKWOOD Ms. Bosworth stated the applicant was not present at this time, but she had helped Mr. Rockwood with the process and application, and felt comfortable to answer questions the Commission may have until the applicant arrived. Mr. Dodd had questions regarding the elevations supplied in the packet. Mr. Durr asked about the request to receive credit for existing landscaping in lieu of the shrub requirement. Ms. Bosworth explained the property abutted Powerline Road to the rear, which already had an opaque buffer running its length, and the lot had plenty of existing trees and shrubbery to offset the bulk of the building. Staff recommended the application receive credit for the existing plant materials since the intent of the code was being met. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2013 Mr. Paul noted the packet did not include the proposed floor plan and he had concerns the workshop could turn into a separate living unit. He questioned if electricity and water was being installed. Ms. Bosworth stated there was not a bathroom shown on the floor plan which was displayed on the overhead projector. She reviewed the definition of a living unit comprising of a bedroom, bathroom, and kitchen area. Mr. Qizilbash noted the plot plan /survey did not show access to the garage via an auxiliary driveway. Ms. Bosworth stated the homeowner did already pull a secondary driveway permit and the apron and culvert pipes were installed. At this time they did not plan on stabilizing the grass driveway with concrete or marl. Mr. Roth asked if the color of the garage was going to be the same as the house, and if garage doors were proposed for the front and back. Ms. Teresa Rockwood, homeowner, had arrived, and stated the color would be similar if not the same as the main house, and there would be no doors — it was proposed to be an open structure. There would be a rolling overhead door between the garage and workshop. Ms. Kautenburg had some dimensional questions regarding the structure. She also asked if the existing shed was to remain. Ms. Rockwood said it would be removed. Ms. Bosworth stated the removal would be verified at final inspection. Ms. Bosworth stated the application met the requirements of the applicable LDC section and recommended approval. MOTION by Durr /Roth to approve the accessory structure at 325 Columbus Street, 996 SF detached garage and workshop, with the understanding that the landscape requirement is not going to be required. ROLL CALL: Mr. Durr yes Mr. Qizilbash yes Mr. Paul yes Ms. Kautenburg yes Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 7 -0. Motion passed. B. QUASI-JUDICIAL PUBLIC HEARING — SPECIAL EXCEPTION TO LDC SECTION 54- 2-5.3.3(c) TO ALLOW QUALIFIED AFFORDABLE HOUSING IN CG (COMMERCIAL GENERAL) ZONING DISTRICT — 12.49 ACRES LOCATED ADJACENT AND BEHIND THE SEBASTIAN POST OFFICE ON MAIN STREET — PARCEL ID NO. #31- 39 -06- 00005- 0004 - 00002.0 Chmn. Dodd asked the Commissioners if they had any exparte communications to disclose. There was none. He opened the hearing, and Mr. Ginsburg, City Attorney, swore in anyone that was going to offer testimony. The applicant, Mr. Roger Skillman, 1711 NW 4th Avenue, Delray Beach, Florida, stated his family has owned the property for almost 40 years, and has been trying to market and sell the parcel for the last seven. Developers that have shown any interest in the property have been for affordable housing. Qualified affordable housing in the CL district is given a density bonus, and Mr. Skillman was requesting a special exception to have qualified affordable housing, most likely senior housing, allowed on their property for additional marketability. He disclosed that he had spoken to two of the adjoining landowners, Mr. Meade and Mr. Wisner, both whom indicated that they were OK with the density increase but had a problem with the family housing use because of their experience with the nearby Pelican Isle Apartments. He stated at this time he is not working with 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2013 a specific developer but has been approached, does not have a contract or deposit, and doesn't have a conceptual site plan. He does not want to lock the property into only an affordable housing use, and is open to developers who wish to purchase for other commercial endeavors. Jan King reiterated that the special exception was for a specific property only, and if granted, the property would be allowed a density bonus from 8 units per acre to 12 units per acre. Currently, 99 units could be allowed vs. 149 units with the additional density. The bonus is only for a qualified housing project meaning it would receive monies from a state or federal housing program. The Commissioners were given the Findings of Fact in their packet to the best staff could complete without having any type of site plan submitted. She stated that staff had reviewed the Comprehensive Plan and that the Plan does identify the need for affordable housing, affordable senior housing, and relocation housing. She then reviewed the Shady Rest Mobile Home Park annexation agreement, and the need for relocation housing for those residents within the next few years. However, she also noted that an affordable housing project, if run /owned by a non - profit organization, could apply to become 100% tax - exempt as has the Pelican Isle Apartments for the past two years. Grace's Landing does continue to pay taxes. Staff had heard from some of the adjacent property owners who had concerns with the possible concentration of affordable housing developments in one area. Chmn. Dodd opened the Public Input. No one spoke in favor of the special exception. Mr. Rick Wisner of Wisner Controls, 1204 Main Street, stated he also owns the vacant property adjacent to his business, which he hoped to develop commercially in the future as an office or retail building. He felt the Pelican Isle Apartments put quite a bit of burden on city services, specifically the Police Department, for not paying any taxes. He stated the Commercial General zoning district offers so many permitted and conditional uses that a special exception wasn't especially necessary. He felt the City's best interests were served with the zoning in place. He was very concerned with the possible concentration of housing developments located in one area and how it would affect the value of his property. Mr. Melvin Meade, 1100 Palmetto Avenue, stated he had 3 parcels in the area. He was not too concerned regarding the extra density but did not like the qualified affordable housing use. He was alarmed to find out from his research that the City had waived Pelican Isle's recreational impact fees. He would rather see an Assisted Living Facility be developed on the property. Mr. Marc Snell of SNL Corporation, 1112 Main Street, has operated there since 1978 and has been a resident since 1964. He stated he also felt the two affordable housing developments in the area were enough for this vicinity and he did not want to see a concentration of the uses in one location. Mr. Skillman responded that he heard his neighbors seemed to state that density was not an issue but the type of housing. He asked the Commissioners to consider only senior housing, and that it was very important to his family to sell the property. Mr. Dodd stated he felt it would be very hard for the Commission to recommend approval of the application without a site plan or conceptual plan submitted, and understood staff was going out on a limb to try to help the property owner. He couldn't find anything in the LDC that would allow them to approve without at least evaluating a plan and felt the Commission could not determine if the required Findings of Facts are being met. He agreed with the concerns of the concentration of housing developments in one area. He discussed other options besides denial or approval, such as tabling or pending the application until the property owner or developer submitted a site plan. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2013 Mr. Carter agreed that he, too, would feel uncomfortable approving something that was pie in the sky. Mr. Durr stated he felt the timing was unconventional in that usually a special exception request came from a developer with an interest in the property and at least a conceptual plan in mind, but he understood the property owner's motive of wanting to increase the marketability of the property with more density. He verified with staff that Pelican Isles Apartments and Grace's Landing did not request a special exception for extra density. Mr. Paul asked about the status of the housing project "The Gables ", also in the vicinity located on Powerline Road. Ms. King stated the project was a townhouse subdivision whose approvals have all expired. He also asked if there was any precedent set by a similar application in the past. Staff stated not to their knowledge. Mr. Roth questioned the applicant regarding the difference between family housing and senior housing. Mr. Skillman stated senior housing was for residents over the age of 55 years. Mr. Qizilbash asked staff if this was the first application requesting an increase in density. Ms. King responded that the only way you can receive increased density is by developing a qualified affordable housing project in the Commercial Limited zoning district, unless you request a special exception. Ms. Kautenburg stated she understood that the property owner was looking for an "inkle" and that an approval means that including the uses set in code, the city might allow a qualified housing project meeting criteria if we approve the site plan application. The request is to see if the Commission thinks it would work. She asked staff if there were other properties in the city that would accommodate affordable housing projects or was there a shortage of available properties. Staff stated there was other Commercial Limited property that could develop affordable housing. Mr. Dodd stated it was important to recognize that the Comprehensive Plan has established an approved direction for qualified affordable housing, but not necessarily for this specific property, and he still has concerns approving the request without a site plan, or a specific person stating they would be willing to produce a plan. The Commission discussed tabling the application until a plan was submitted. There were concerns on how open ended tabling would be. They then discussed with the city attorney deferring the application until a date certain, or denying without prejudice which would allow the applicant to reapply in the future. Fees were discussed. Mr. Griffin stated that staff recommended the application be tabled. MOTION by Dodd /Paul to [recommend to City Council to] deny the request for a Special Exception for the Parcel No. #31- 39 -06- 00005 - 0004 - 00002.0 without prejudice. Mr. Dodd stated he did not want City Council to think the PZ Commission was against affordable housing. They just could not recommend the special exception at this time without the appropriate information submitted to them. ROLL CALL: Mr. Dodd yes Mr. Roth yes Mr. Durr yes Mr. Paul yes Mr. Carter yes Ms. Kautenburg yes Mr. Qizilbash yes The vote was 7 -0. Motion passed. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2013 CHAIRMAN MATTERS: None MEMBERS MATTERS: Election of Chairman: Mr. Roth nominated Ed Dodd as Chairman. Mr. Carter seconded the nomination. All were in favor. Election of Vice Chairman: Mr. Paul nominated Joel Roth as Vice Chairman. Mr. Dodd seconded the nomination. All were in favor. Mr. Paul asked for an update regarding the landclearing being done on Barber Street near Park Place. Staff explained that it was being done by the private property owner for conservation purposes and that the parcel would not be developed. Mr. Roth stated his concerns for how unkept the property looked. DIRECTOR MATTERS: ATTORNEY MATTERS: None Chairman Dodd adjourned the meeting at 8:28 p.m. (db) 5