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HomeMy WebLinkAbout07-21-2016 PZ MinutesCITY OF SEBASTIAN LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) MINUTES OF REGULAR MEETING JULY 21, 2016 Call to Order— Chairman Roth called the meeting to order at 6:00 pm. Pledge of Allegiance was recited by all. Roll Call Present: Chairman Roth Mr. Qizilbash Mr. Carter Mr. Alvarez (a) Ms. Kautenburg Excused: Vice Chairman Reyes Mr. Dodd Mr. McManus Mr. Hughan (a) Also Present Mr. Robert Ginsburg, City Attorney Ms. Marissa Moore, Community Development Director Ms. Dorri Bosworth, Planner/Recording Secretary Ms. Dale Simchick, IRC School Board Liaison was not present 4. Announcements and/or Agenda Modifications ��w CDC C.O co C •- E C v; co (.F � 1T Co C O O WN Mr. Roth announced that Mr. Reyes, Mr. Dodd, Mr. McManus and Mr. Hughan have excused absences. He stated that Mr. Alvarez will be voting this evening. Mr. Ginsburg reported that Ms. Simchick had requested an excused absence. 5. Approval of minutes — none 6. Public Hearings Mr. Roth explained that the Public Hearing this evening is to review the Sign Ordinance and proposed changes. He stated Mr. Ginsburg would present his recommendations and there would be opportunity for questions from the public, staff and Commissioners. Mr. Ginsburg explained that the Commission is convened this evening as the Local Planning Agency to review the proposed ordinance and make recommendations to the City Council. He read the Ordinance by title in order to initiate the Public Hearing. LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) PAGE 3 MINUTES OF REGULAR MEETING OF JULY 21, 2016 Mr. Ginsburg continued that one of the most difficult categories to address is the political signage. He explained that the Supreme Court views all temporary signs the same, but lower courts view them as a separate category. He stated that allowing political signs to be displayed has historically been 60 days which has been struck down. He explained that he had retained the 75 day display allowance in the ordinance which allows the Candidates to start advertising from the day they qualify. He stated that political signs have to be regulated separately from the other temporary signs because of the way courts view politically related materials. Mr. Roth stated that he agrees with the political sign ordinance because it allows the candidate to display the sign from the day they are qualified through the end of the election period. Mr. Ginsburg explained that he removed reference to the special event signs, the political signs except for the definition and civic event signs because it would be difficult to determine what category a sign would fall into without reading it. He stated that there is an extensive sign code as well as two overlays that address those signs. He explained that what is before the commission is procedural in nature, he has not made any changes to allow or prohibit anything that is not being allowed or prohibited in the existing code. He stated that the changes he has made should make the sign code acceptable to the court following the recent decision. He asked the Commissioners to review the proposed sign ordinance and provide him their input. When the ordinance goes to the City Council, he would include their changes as amendments to the proposed ordinance. He explained that there are some documents that he had provided in the past which is not included in this package and he did not provide copies of the entire sign code. Mr. Ginsburg explained that there has been much controversy over sign codes though the years and pointed out that even the Justices had some disagreement as to what was constitutional and what was not. He stated that he framed the proposed ordinance in an attempt to protect the City in the case litigation which would be very expensive with the City bearing the entire cost of such an action. He stated that if litigation should arise he would make the necessary revisions to the code to prevent the case from going on for years. He explained that this is his first effort at the revisions and he may need to bring to the Commission additional revisions in the future to improve the City's compliance with the Court's decision. He stated that this was a very difficult undertaking but the same situation faces other municipalities. Mr. Roth asked how this revision would address the recent request the City had from a cable company to place a sign in the right-of-way. Mr. Ginsburg explained what is designated a Public Sign and noted that cable is listed separately because they are not a public utility. He stated this section defines the exceptions to the no sign in the public right of ways ordinance. Ms. Kautenburg commended Mr. Ginsburg for doing such a fine job in creating a document that is clearly stated and easy to understand. Mr. Roth concurred with Ms. Kautenburg's statement. LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) PAGE 4 MINUTES OF REGULAR MEETING OF JULY 21, 2016 Mr. Roth called for any further questions from the Commissioners, hearing none he opened the Public Hearing. He called for anyone wishing to offer comments, suggestions, etc. hearing none he asked if staff or the attorney had any further comments. Mr. Ginsburg responded that he would be happy to answer any questions the Commissioners have. Mr. Roth closed the Public Hearing and called for any suggestions or further questions or comments from the Commissioners hearing none he called for a motion. MOTION: by Kautenburg/Alvarez "I will make the motion that this body recommend to the City Council this proposed ordinance changes be adopted." ROLL CALL: Mr. Qizilbash —Yes Ms. Kautenburg — Yes Mr. Roth — Yes Mr. Alvarez — Yes Mr. Carter —Yes Total vote was 5-0. Motion Carried Mr. Roth thanked Mr. Ginsburg for all his efforts in making the changes to the Sign Ordinance. 7. Unfinished Business — None 8. Public Input— None 9. New Business— None 10. Staff Matters — None 11. Commissioners Matters — None 12. Items for Next Agenda — None 13. Adlourn Mr. Carter asked why the meeting information is only posted on the east side of the sign in front of City Hall and not on the west side. Ms. Bosworth responded that she would ask the City Clerk and provide him an answer. Chairman Roth called for any further business, hearing none; he adjourned the meeting at 6:43 pm. /sm