Planning Commission s5

Planning Commission Minutes April 4, 2013 – 6:30 p.m.

Call to Order

Mr. Mercer, Vice Chairman, called the meeting to order at 6:30 p.m.

Roll Call

Members Present: Phil Jannarone, George Dluhy, Bob Mercer, Charlie Kish, Doug Smith and Dude Phelan

Staff Present: Laura Black, Clerk, Jackie Gorman, Planning Director and Michael Branigan, City Attorney

Moment of Silence

Pledge of Allegiance

Adoption of Agenda

Mr. Kish made a motion to adopt the Agenda as presented, seconded by Mr. Smith. The motion passed unanimously.

Approval of Minutes of March 7, 2013

Mr. Jannarone stated that in the minutes it states that Mr. Froehling said that only competent, substantial, fact based testimony or evidence will be considered, pure speculation or mere opinion can be legally considered. Mr. Jannarone asked Mr. Branigan if the neighbor’s opinions brought up at the last meeting should be considered. Mr. Branigan stated that the opinions of the neighbors can be used to help in making the decision, but the Commission cannot use their testimony or opinion to solely base their decision on.

Mr. Jannarone made a motion to approve the minutes of March 7, 2013, seconded by Mr. Kish. The motion passed unanimously.

Public Hearing

CASE # PC13-003 ORDINACE 13-O-07 – AN ORDINANCE OF THE CITY OF CRYSTAL RIVER, FLORIDA, PROVIDING FOR A SMALL-SCALE AMENDMENT TO THE COMPREHENSIVE PLAN, RELASSIFYING TWO (2) ADJOINING PROPERTIES (.25 ACRES (MOL), LOCATED AT 906 & 254 NE 5 TH STREET FROM HIGH DENSITY RESIDENTIAL (HDR) LAND USE TO OFFICE/SERVICE COMMERCIAL; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

1 | P a g e Mr. Mercer stated that if any individual plans to speak or offer testimony during any of the public hearings listed on the agenda, which are quasi-judicial in nature, please rise and be sworn in by the Clerk.

There was no one present to speak for or against this case.

Mr. Mercer stated that only competent, substantial, fact-based testimony or evidence will be considered by the Planning commission in deciding the quasi-judicial matters listed on today’s agenda. Pure speculation or mere opinion, not based on competent facts, cannot be legally considered by the Planning commission in weighing the appropriateness of the quasi- judicial application. Lay testimony with fact-based support (e.g. minutes, surveys, engineering reports, etc.) may be considered competent and substantial evidence. If you intend to speak or offer testimony on a public hearing agenda item that is quasi-judicial, please keep this in mind. Finally, when you approach the podium to speak on a quasi-judicial matter please state your name, complete physical and mailing address and whether or not you have been sworn.

Mr. Mercer asked the Commission if they had any conflicts of interest pertaining to this case. Each Commission Member, individually, answered no.

Mr. Mercer asked the Commission if they had participated in any ex-parte communications regarding this case. Each Commission Member, individually, answered no.

Mr. Branigan instructed the Planning Commission that their role here tonight is to evaluate the evidence which is presented and determine whether or not each application is compatible for the purposes that are being stated and make a recommendation to the City Council as to whether or not you believe approval of these particular applications are appropriate based on the Comprehensive Plan which Ms. Gorman will be explaining and based upon the evidence you will be hearing from either persons in favor of or opposing.

Mr. Mercer turned the hearing over to Ms. Gorman.

Ms. Gorman stated that the property owners are Phyllis Lynch and Wanda Sentz, 326 S. Gerdencia Terrace, Crystal River, 34429. The request is for 906 & 254 NE 5 th St. Crystal River. Ms. Gorman stated that the properties are adjacent to each other and are both owned by Ms. Lynch and Ms. Sentz.

Ms. Gorman stated that the existing Land Use is High Density Residential; the proposed use is Office Service/Commercial.

Ms. Gorman stated that the building is currently vacant, however, it was previously used as a bail bonds office until early 2012.

Ms. Gorman described the surrounding land uses, which are commercial and public/semipublic.

2 | P a g e Ms. Gorman stated that the owner would like to use the building for commercial; she stated that they have been putting money into the building to bring it into compliance and improve its appearance.

Ms. Gorman stated that staff recommends that the land use be changed to Office Service/Commercial.

Mr. Mercer stated that there was no one present to give any other testimony to this case.

Mr. Smith made a motion to recommend approval of Ordinance 13-O-07 – An Ordinance Of The City Of Crystal River, Florida providing for a small-scale amendment to the Comprehensive Plan, reclassifying two (2) adjoining properties (.25 acres (MOL), located at 906 & 254 NE 5th Street from High Density Residential (HDR) Land Use to Office/Service Commercial; Providing for repeal of conflicting ordinances; providing for severability; and providing an effective date. Mr. Jannarone seconded the motion. The motion passed unanimously.

CASE # PC13-004 ORDIANCE 13-O-08 – AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CRYSTAL RIVER, FLORIDA, REZONING TWO (2) ADJOINTING PROPERTIES (.25 ACRES (MOL), LOCATED AT 906 & 254 NE 5 TH STREET FROM PUBLIC/INSTITUTIONAL TO GENERAL COMMERCIAL AS DESCRIBED IN SECTION 1; PROVIDNG FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SERVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Ms. Gorman stated that the request is to amend the Future Land Use Map for .25 acres (MOL) from Public/Institutional to General Commercial. She stated that this is the same property as discussed in the previous case. Ms. Gorman stated that the rezoning needs to be done so that it is compatible with the Land Use.

Ms. Gorman stated that this was advertised in the Chronicle and was posted in the lobby.

Mr. Mercer wanted to know if there was a potential problem with the church being next door to the property. Ms. Gorman stated that there would only be an issue if someone wanted to use the property for sale of alcohol.

Mr. Smith made a motion to recommend approval of Ordinance 13-O-08 – An Ordinance Of The City Of Crystal River, Florida providing for rezoning two (2) adjoining properties (.25 acres (MOL), located at 906 & 254 NE 5th Street from Public Institutional to General Commercial as described in Section 1; Providing for repeal of conflicting ordinances; providing for severability; and providing an effective date. Mr. Jannarone seconded the motion. The motion passed unanimously.

New Business

There was no new business.

3 | P a g e Old Business

Mr. Mercer stated that there was a large bit of discussion of short term rentals at the last meeting. He stated that there is some question that is coming up to the City Council regarding this and he asked Ms. Gorman to fill the Commission in on this.

Ms. Gorman stated that the City received a letter from the Chamber’s Area Council in Crystal River, who has the concern with us not allowing resort housing anymore, a lot of our tourists are going to Homosassa. She stated that they have asked Council to reconsider. Ms. Gorman stated that if they decide to make a change it will come back before this Commission. Mr. Branigan stated that it will be discussed at the City Council Meeting.

Mr. Jannarone asked how many hotels and motels there are in Crystal River that are on the waterfront. Mr. Mercer stated that there are approximately eight (8) in the vicinity. Mr. Jannarone stated that there are plenty of places for short term rentals. Ms. Gorman agreed, but stated that people want to rent a house where they can cook for themselves and have the privacy. She stated that it is also cheaper in the long run.

Mr. Mercer asked if there wasn’t a way that we could change the ordinance to where they could put something in a homeowner’s association agreement or have to pay an extra sales tax. Mr. Branigan stated that if we change our ordinance at all it will throw out our grandfathering that we have at this time.

Mr. Mercer stated that his point of this conversation was that the people that come and do the short term rentals spend a lot of money in our community.

Citizen Input

Mr. Chrietzberg stated that he is glad to see that the Chamber is bringing this back to the City Council because he is very much for resort housing.

Committee Reports

There were none.

Staff Comments

Ms. Gorman asked if there had ever been any discussion on changing our animal ordinance at all. She stated that the only thing we have for leashes is in the dog park ordinance. Ms. Gorman stated that there has been a vicious dog attack where an elderly woman has been injured. Mr. Kish stated that this should be covered under the state laws and asked why we would want to create yet another ordinance. Mr. Smith asked if the state has an ordinance. Ms. Gorman stated that she knows there is a vicious dog statute with the state.

It was the consensus of the Commission that this is something that should be handled under the State Statutes and the Sheriff’s Office.

4 | P a g e Commissioner’s Comments

Mr. Jannarone asked if there were any new applicants. Ms. Gorman stated that there are none at this time but that we would be advertising.

Chairman’s Comments

There were none.

Adjournment

Mr. Smith made a motion to adjourn, seconded by Mr. Kish. The motion was unanimous and the meeting adjourned at 7:37 p.m.

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