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HomeMy WebLinkAbout04-19-2007 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 19, 2007 Chairman Allocco called the meeting to order at 7:OOP.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Allocco Mr. Mahoney Mr. Cardinale Mr. Morrison Mr. Simmons Mr. Paul EXCUSED: Mr. Keough, Mr. Buchanan ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Dorri Bosworth, Zoning Technician Rich Stringer, City Attorney Linda Lohsl, Recording Secretary ANNOUNCEMENTS: ~. ~° a ~, ~ ~• ~~ ~ 3~ v N' ~ N' ~ ~ ~~ o J Chmn. Allocco announced that Mr. Keough and Mr. Buchanan are excused; and Mr. Morrison will be voting. APPROVAL OF MINUTES: February 15, 2007 MOTION by Paul/Cardinale to approve the minutes of February 15, 2007. A voice vote was taken and the minutes were approved unanimously. OLD BUSINESS: NONE NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARINGS - CONDITIONAL USE PERMITS -MODEL HOME PERMIT RENEWALS: 1. 183 ~ 185 STONY POINT DRIVE - MARONDA HOMES, INC. 2. 1258 8~ 1266 BARBER STREET - TOZZOLO BROTHERS CONSTRUCTION Chmn. Allocco swore in staff and anyone wishing to speak. Ms. Bosworth presented the Maronda Homes renewal application. There have been no code enforcement violations. There was an issue with signs but that has been corrected. Staff recommends approval. MOTION by Paul/Morrison to approve the conditional use permit for Maronda Homes model home renewals at 183 and 185 Stony Point Drive. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 19, 2007 ROLL CALL: Mr. Mahoney yes Mr. Morrison yes Mr. Paul yes Mr. Simmons yes Chmn. Allocco yes Mr. Cardinale yes The vote was 6-0. Motion carried unanimously. Ms. Bosworth presented the Tozzolo Brothers renewal for 1258 and 1266 Barber Street. There have been no code violations or issues with these sites. Staff recommends approval. MOTION by Simmons/Cardinale to approve the conditional use permit for Tozzolo Brothers for model home renewals at 1258 and 1266 Barber Street. ROLL CALL: Mr. Cardinale yes Chmn. Allocco yes Mr. Paul yes Mr. Simmons yes Mr. Mahoney yes Mr. Morrison yes The vote was 6-0. Motion carried unanimously. B. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - MODIFICATION TO A SPECIAL USE PERMIT 8~ SITE PLAN - C-512 CARWASH - 921 SEBASTIAN BOULEVARD -REMOVAL OF FRONT 6-FOOT WALL Ms. King noted the memo included in the commission's packet. As staff could not recommend approval the applicant has decided to re-evaluate their request. Staff requests the commission open the hearing and continue it to the May 3, 2007 meeting. Chmn Allocco recognized Ms. Shirley Harris, 861 Dale Circle, Sebastian, who asked why did the applicant want to remove the wall. Chmn Allocco responded that the commission did not know and that the applicant would most likely explain that at the May 3~d meeting. MOTION by Allocco/Simmons to continue to May 3, 2007 the modification to a special use permit and site plan for the C-512 carwash. ROLL CALL: Mr. Paul yes Mr. Mahoney yes Mr. Cardinale yes Mr. Simmons yes Chmn Allocco yes Mr. Morrison yes The vote as 6-0. Motion carried unanimously. C. QUASI-JUDICIAL PUBLIC HEARRNG - CR-512 OVERLAY DISTRICT WAIVER - 741 SEBASTIAN BOULEVARD -SECTION 54-4-21.B.4(b) - COLOR STANDARD FOR BUILDINGS Chmn Allocco opened the hearing and swore in all who were to speak. Mr. Herbert Mulford explained that he had purchased paint to repaint the exterior of his building unaware that he needed the city's approval of the color. When he requested that approval he was informed that the color was not part of the overlay district color wheel. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 19, 2007 Ms. Grohall gave a presentation on colors in the overlay district, the same one that she gave to city council. She noted that there are nearly 400 colors to choose from in the city's color wheel. She added that several property owners have been turned down for the shade of yellow Mr. Mulford was requesting. Mr. Stringer added that the application before the commission is for a waiver. The city does not have nullification where you can just not follow a law because you don't like it. In order to grant a waiver you will have to decide that a strict interpretation of the requirements of this article, i.e. the color wheel, places an inordinate burden on Mr. Mulford as defined by Florida statutes. He then read the statutes' definition of inordinate burden. Mr. Stringer wanted it noted for the record that the photos Mr. Mulford wanted to put into the record were not accurate depictions of building colors on CR512 and Mr. Mulford admitted it might not be accurate. He explained he reason for wanting to use the yellow paint. After discussion about how the colors are selected for the wheel, wall and trim colors, and if there were any Mr. Mulford would be satisfied using, Mr. Paul asked if Mr. Mulford had already purchased paint, he answered he had purchased four (4) gallons. It was then discussed if the purchased paint could be tinted to comply with the color wheel however, Mr. Mulford was not incline to do that. After further discussion Mr. Mulford said he would not repaint his building and leave the existing color on it. As Mr. Mulford would not withdraw his application an action must be taken. MOTION by Paul/Simmons to deny the waiver of the C-512 Overlay District Color Standards for Mr. Mulford's building. During commission discussion Mr. Mahoney felt the color chosen by Mr. Mulford was acceptable and he should be allowed the waiver. Chmn Allocco wanted commissioners to view the photos Mr. Mulford had however, Mr. Stringer said Mr. Mulford must swear under oath that they fairly and accurately represents what he personally saw at the site when he took the pictures; Mr. Mulford swore under oath they were photos he took with a Kodak digital camera. The bright yellow on the Appliance Direct building was discussed. Ms. King explained that was painted when the department was between directors and there was some confusion about wall and trim colors and unfortunately a trim color was selected for the building color. Mr. Paul suggested Mr. Mulford withdraw his waiver application as he had not invested a large sum of money. Mr. Mulford wants to pursue the waiver on principle. ROLL CALL: Mr. Mahoney no Mr. Morrison no Chmn Allocco yes Mr. Cardinale yes Mr. Simmons yes Mr. Paul yes The vote was 4-2. Motion to deny was approved. D. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - PRELIMINARY PLAT -ROHM COMMERCIAL SUBDIVISION - 4.5 ACRES - 1 LOT -LOCATED WITHIN THE 512 TRIANGLE - CG ZONING AND LAND USE Chmn Allocco opened the hearing and swore in all those to speak. Representing the application was Joseph Schulke, Schulke, Bittle & Stoddard, Vero Beach, FL. One of 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 19, 2007 the issues with the property is the lake that the applicant is proposing to fill and relocate. They have obtained the SJRWMD permit and Corps of Army Engineer permit. They have assumed 80% impervious surface development area. Ms. King added that the subdivision doesn't identify the road because the site has frontage on three streets. What you are basically looking at is a master storm water system for aone-lot subdivision. Because of the environmentally sensitive nature of the site, growth management has asked for all permits to be obtained up front, which they have done. Staff recommends approval of the application. There was extensive discussion regarding the de-watering process and environmental concerns. Mr. Mahoney had reservations on the environmental issues of the site. MOTION by Morrison/Allocco to recommend city council approve the preliminary pat for the Rohm Commercial Subdivision located on CR-512. ROLL CALL: Chmn Allocco yes Mr. Mahoney no Mr. Morrison yes Mr. Simmons yes Mr. Cardinale yes Mr. Paul yes The vote was 5-1. Motion carried. (At approximately 8:15 p.m. there was afive-minute break) E. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -SITE PLAN - 729 SEBASTIAN BOULEVARD - CHESSER'S GAP SHOPPING CENTER - 6,000 SF RETAIL - SHERWIN WILLIAMS PAINT CENTER -PUD-C ZONING DISTRICT Representing the applicant was Joseph Schulke of Schulke, Bittle and Stoddard, Vero Beach, FL. Mr. Schulke gave a description of the site and its location. Ms. Bosworth offered a few more site details and the history of the property. Overlay district and PUD compliance was discussed. Ms. Bosworth also explained because the site was located within a Planned Unit Development the site plan will need to be approved by City Council. The commissioners had some questions about the architectural design, ingress and egress, loading dock, landscaping, emergency vehicle access, and fire suppression. Ms. Bosworth noted that recorded copies of the abandoned and relocated stormwater easements should be received before building permits are issued. MOTION by Morrison/Allocco to recommend to city council the approval of Sherwin Williams Paint Center located at 729 Sebastian Boulevard. ROLL CALL: Chmn Allocco yes Mr. Morrison yes Mr. Simmons yes Mr. Cardinale yes Mr. Mahoney yes Mr. Paul yes The vote was 6-0. Motion carried unanimously. CHAIRMAN MATTERS: NONE 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 19, 2007 MEMBERS MATTERS: Mr. Mahoney inquired about the landscaping at Captain and the Cowboy restaurant. Mr. Cardinale and Mr. Morrison would like staff to do another mailing on the color issue in the overlay districts. Ms. Grohall responded that currently all applicants are requested to bring in their color choices at the start of the review process. Mr. Stringer added that in the past there was some lack of communication between departments, especially with the hurricanes and growth issues; however, a good working process has currently been taking place. Mr. Paul asked how the Hula Grill awning is now in compliance and Ms. Grohall said it had been painted a soft yellow that was within the color wheel. DIRECTOR MATTERS: Ms. Grohall explained that an overlay district color palette is not about liking or disliking a color but choosing a vision and the colors are compatible for that purpose. ATTORNEY MATTERS: Mr. Stringer reviewed the first special magistrate hearing and was very positive in the future of this process. He made mention that with the building slow down this is a very good time to review and revise the Land Development Code. Chmn. Allocco adjourned the meeting at 9:16 p.m. (4/23/07 sbl) 5