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Home My WebLink About02/05/2013COUNTY COMMISSIONERS Joseph E Flescher, Chairman Wesley S. Davis, Vice Chairman Peter D. O'Bryan Bob Solari Tim Zorc MINUTES ATTACKED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 5, 2013 - 5:01 P.M. County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com District 2 District 1 District 4 District 5 District 3 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 5:00 P.M. Joseph A. Baird, County Administrator Alan S. Polackwich, Sr., County Attorney Jeffrey R. Smith, Clerk to the Board Reverend J. David Phillips, Community Church Alan S. Polackwich, Sr., County Attorney 4. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Consideration of Amendments to Land Development Regulations (LDRs) Chapters 911, 912, and 971 to Allow Outdoor Vehicle Storage Use in the CL (Limited Commercial) and CG (General Commercial Zoning Districts and to Eliminate Limitations on Length of Recreational Vehicles Stored Outside on Residential Properties (Public Hearing #2) (memorandum dated January 28, 2013) Legislative 16. ADJOURNMENT Special Call — February 5, 2013 -- 5:01 p.m. PAGE 1-34 IC 143 PG 475 Page 1 of 2 COUNTY COMMISSIONERS Joseph E Flescher, Chairman Wesley S Davis, Vice Chairman Peter 11 O'Bryan Bob Solari Tim Zorc 1. CALL TO ORDER 2. INVOCATION PLEDGE OF ALLEGIANCE 4. PUBLIC ITEMS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 5, 2013 - 5:01 P.M. County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com District 2 District 1 District 4 District 5 District 3 5:00 P.M. Joseph A. Baird, County Administrator Alan S. Polackwich, Sr , County Attorney Jeffrey R. Smith, Clerk to the Board Reverend J. David Philips, Community Church Alan S. Polackwich, Sr., County Attorney A. PUBLIC HEARINGS 1. Consideration of Amendments to Land Development Regulations (LDRs) Chapters 911, 912, and 971 to Allow Outdoor Vehicle Storage Use in the CL (Limited Commercial) and CG (General Commercial Zoning Districts and to Eliminate Limitations on.. Length of Recreational Vehicles Stored Outside on Residential Properties (Public Hearing #2) (memorandum dated January 28, 2013) Legislative 16. ADJOURNMENT PAGE 1-34 BK 10P4575 Special Call — February 5, 2013 — 5:01 p.m. Page 1. of 2 Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is. made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5.00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5.00 p.m. �It1y� 6 476 Special Call — February 5, 2013 — 5:01 p.m. Page 2 of 2 Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 2264223 at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.coin The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5.00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5.00 p.m. 1•'43PG476 Special Call — February 5, 2013 — 5:01 p.m. Page 2 of 2 JEFFREY R. SMITH Clerk to the Board INDEX TO MINUTES OF SPECIAL CALL MEETING BOARD OF COUNTY COMMISSIONERS FEBRUARY 5, 2013 1. CALL TO ORDER 2 2. INVOCATION 2 3. PLEDGE OF ALLEGIANCE 2 4. PUBLIC ITEMS 2 4.A. PUBLIC HEARINGS 2 4.A.1. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTERS 911, 912, AND 971 TO ALLOW OUTDOOR VEHICLE STORAGE USE IN THE CL (LIMITED COMMERCIAL) AND CG (GENERAL COMMERCIAL) ZONING DISTRICTS AND TO ELIMINATE LIMITATIONS ON LENGTH OF RECREATIONAL VEHICLES STORED OUTSIDE ON RESIDENTIAL PROPERTIES (PUBLIC HEARING No. 2) (LEGISLATIVE) 2 5. ADJOURNMENT 6 1 February 5 2013 Special Call Meeting 1 C 143 PG 477 JEFFREY R. SMITH Clerk to the Board February 5, 2013 SPECIAL CALL MEETING OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING: CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTERS 911, 912, AND 971 TO ALLOW OUTDOOR VEHICLE STORAGE USE IN THE CL (LIMITED COMMERCIAL) AND CG (GENERAL COMMERCIAL) ZONING DISTRICTS AND TO ELIMINATE LIMITATIONS ON LENGTH OF RECREATIONAL VEHICLES STORED OUTSIDE ON RESIDENTIAL PROPERTIES (PUBLIC HEARING NO. 2) The Board of County Commissioners of Indian River County, Florida, met in a Special Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Flonda, on Tuesday, February 5, 2013, to consider proposed amendments to Land Development Regulations (LDRs). Present were Chairman Joseph E Flescher, Vice Chairman Wesley S. Davis, and Commissioners Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Leona Adair Allen. February 5, 2013 Special Call Meeting 1 81( 143 PG 478 1. CALL TO ORDER Chairman Flescher called the meeting to order at 5:01 p.m. 2. INVOCATION Reverend J. David Philips, Community Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Attorney Polackwich led the Pledge of Allegiance to the Flag. 4. PUBLIC ITEMS 4.A. PUBLIC HEARINGS 4.A.1. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTERS 911, 912, AND 971 TO ALLOW OUTDOOR VEHICLE STORAGE USE IN THE CL (LIMITED COMMERCL4L) AND CG (GENERAL COMMERCIAL) ZONING DISTRICTS AND TO ELIMINATE LIMITATIONS ON LENGTH OF RECREATIONAL VEHICLES STORED OUTSIDE ON RESIDENTIAL PROPERTIES (PUBLIC HEARING Na 2) (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling using a PowerPoint presentation (on file), reported that this is the second and final hearing, the first being held on January 22, 2013, to consider two proposed amendments to the Land Development Regulations (LDRs). The one amendment is to consider the length of recreational vehicles (RVs) allowed to be parked in residential areas, and the other is a proposal to allow a special exception use for outdoor vehicle storage facilities in Limited Commercial (CL) and General Commercial (CG) zoning districts. He recalled the concerns that were expressed by the residents of Ercildoune Heights and Roseland at the first February 5 2013 Special Call Meeting MC 4143PG4'9 Public Hearing, regarding their objections to outdoor vehicle storage in the Limited Commercial (CL) zoning district. He also recollected that George Sigler, owner of CL zoned property located on 27th Avenue SW, requested an amendment to the County's LDRs that would allow outside storage in the CL zoning district. Director Boling explained that the purpose of the proposed amendments is to allow the outdoor storage of personal vehicles in residential areas with criteria that ensures compatibility with adjacent residential uses. He thereafter reviewed the three alternatives for the Board to consider: (1) adding specific locational criteria to the proposed amendments; (2) limiting the proposed amendment to the CG district and rezoning the Sigler properties to CG; or (3) denying the proposed amendments. He recommended the Board either adopt the proposed Ordinance with specific locational criteria prohibiting vehicle storage lot locations at County entrances, or deny the proposed Ordinance to eliminate potential conflicts with single-family neighbors. Discussion ensued regarding CL zoning districts fronting arterial or major roadways, and car sales lots not being allowed in CL zoning districts. The Chairman opened the Public Hearing. George Sigler, 155 31St Avenue SW, revealed that when he had brought this to the Board on September 11, 2012, he was requesting a special exception for an outdoor self -storage facility for vehicles on his CL zoned lot, located on 27th Avenue, not throughout the County. He believed his lot was unique and wanted the County to amend its LDRs to allow the outdoor storage of vehicles. He emphasized that the residents should be careful what they wish for - a developer could come in and build something that is allowed in the CL, and it could be more intrusive and create more traffic than a RV storage facility. The following individuals opposed the proposed amendments to the Land Development Regulations: Cy Carlson, Bay Street, Roseland February 5, 2013 Special Call Meeting 3 81( 143 PG 1489 Jim Applegate, 14445 80th Avenue, Sebastian Ron Gabor, 14465 80th Avenue, Sebastian Cindy Weddington, 14300 80th Avenue, Sebastian Dave Stewart, 14425 80th Avenue, Sebastian Bonnie Heck, 8035 142nd Street, Sebastian Melinda Merrick, 8005 142nd Street, Sebastian Albert (surname inaudible), 14365 78th Avenue, Roseland Director Boling, with input from Director Keating, clarified that the County cannot give a variance because the Code does not allow for use variances. He said that staff can only use the categories that are allowed in the zomng districts, and variances can be given only under certain circumstances. Discussion ensued among the Board and staff pertaining to the purpose of the proposed amendments; the negative impacts cited by residents regarding outdoor vehicle storage lots adjacent to single-family homes and high profile commercial corridors; general compatibility criteria that applies to surrounding land uses and special exception applications; the cntena for outdoor vehicle storage lots; and the three basic alternatives. There being no additional speakers, the Chairman closed the Public Hearing. Vice Chairman Davis understood Mr Sigler's position, but was not in favor of the Ordinance as it was onginally wntten. Chairman Flescher did not support the proposed amendments to the Land Development Regulations. February 5, 2013 Special Call Meeting 4 II 143P648I Commissioner O'Bryan believed the Roseland area would be negatively impacted. He did not think RV and/or boat trailers would be incompatible in residential areas. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, to adopt the proposed Ordinance, and add specific land use criteria to prohibit outdoor vehicle storage lots on CL -zoned properties within one mile of the entrances to the County. Vice Chairman Davis confirmed with staff that this would address the concerns of the Roseland community, that it would prohibit outdoor vehicle storage lots within one mile of the major County entrances, and this would be delimitated as the major entrances into the community. Commissioner Solari did not support the motion. He felt that staff is nudging the Board in the right direction regarding the zomng laws, and he wanted to support the alternative - to eliminate all potential conflicts within single-family uses by denying the proposed Ordinance. Commissioner Zorc sought and received additional information regarding the one -mile entrance rule. The Chairman CALLED THE QUESTION and by a 2-3 vote (Commissioners Flescher, Solari, and Zorc opposed), the MOTION FAILED. ON MOTION by Commissioner Solari, SECONDED by Chairman Flescher, the Board by a 4-1 vote (Commissioner O'Bryan opposed), denied the proposed Ordinance to amend the Land Development Regulations. February 5, 2013. Special Call Meeting 5 143 PG 482 ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES 5. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 6:05 p.m. ATTEST: Je mit Cl Circuit Court and Comptroller Minutes Approved: APR 0 2 2013 oseph E Flescher, Chairman February 5 2013 Special Call Meeting 6 BK 143 PG 413