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HomeMy WebLinkAbout01152009 PZ MinutesCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 15, 2009 Chmn. Pauf called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: Mr. Paul Mr. Simmons Mr. Dodd Mr. Hepler Mr. Neuberger Mr. Srinivasan Mr. Cardinale EXCUSED: Mr. Buchanan Mr. Blais ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, Interim City Attorney . Dorri Bosworth, Zoning Technician ANNOUNCEMENTS: Chmn. Paul announced that Mr. Buchanan and Mr. Blais are excused and Mr. Neuberger and Mr. Hepler will be voting. APPROVAL OF MINUTES: Regular Meeting of 12/04/08 .~ >~ ... Q. , +~ ~ .C ~O ~N MOTION by Simmons/Cardinale to approve the P&Z meeting minutes of 12/04/08. Motion was approved unanimously on roll call. OLD BUSINESS: NONE NEW BUSINESS: A. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - MODIFICATION TO A SPECIAL USE PERMIT 8~ SITE PLAN - C-512 CAR WASH - 921 SEBASTIAN BOULEVARD -REMOVAL OF FOUR FEET (4') OF THE WALL WITH THE REMAINING WALL TO BE TWO FEET (2') IN HEIGHT B. PUBLIC HEARING -WAIVER OF SECTION 54-4-21.3(b)(2) OF THE SEBASTIAN LAND DEVELOPMENT CODE - TO ALLOW ATWO-FOOT (2') HIGH OPAQUE FEATURE FOR USE WITH VEHICLE AND SERVICE BAYS IN THE CR-512 OVERLAY DISTRICT F i On the recommendation of Mr. Ginsburg, Chmn. Paul read both items A and B in order to conduct the hearings simultaneously and opened the hearings. He asked for the applicant to come forward and make his presentation. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 15, 2009 Mr. Joseph Koruo, owner of the 512 Car Wash facility, made his request to reduce the wall in the front of his property by four feet and leaving atwo-foot high wall. Ms. Grohall added that from the grade of the land it would be a two-foot wall but from the sidewalk, as the property is graded slightly higher, the wall would appear slightly higher. Mr. Simmons was concerned about the maintenance condition of the property and Mr. Srinivasan agreed and asked about the owner posting a for sale sign at the property. Mr. Koruo said when he purchased the business he took care of defective and deficient items and noted that he has had it for sale for two years and didn't think it would be selling any time soon. Mr. Koruo added that he wants the wall decreased in height for safety reasons. Mr. Cardinale noted for the record that after he spoke with Ms. King. in Growth Management he visited the site and spoke with Mr. Koruo. Mr. Dodd asked -for clarification regarding the review process and visible code violations on a property. Mr. Ginsburg explained that the .Planning and Zoning commission has certain power to condition the relief being sought. Mr. Hepler also had concerns about the condition of the property and the retention area. The following from the public spoke: Arthur Harris lives diagonally across the street from the car wash. He explained that City Council approved the project with the wall so the car lights would not shine out and across onto properties. Chmn. Paul swore in everyone who spoke. He then closed the hearing. There was further discussion about fencing around the stormwater pond and the effect of lowering the wall on that pond with regards to the City's liability to accidents and lawsuits. Mr. Ginsburg said these are concerns but there is no way the city could immunize itself from potential lawsuits. He explained that the standard the Commission and the City Council would be held to is whether what you have done is reasonable in the circumstances. Mr. Simmons asked if the chain link fence should be level with the wall and Ms. Grohall said from an aesthetic point of view the top of both the wall and chain link fence should be level. MOTION by Paul/Neuberger to deny the approval of the modification to the special use permit and site plan for the Sebastian 512 Car Wash removal of four feet of wall with remaining two feet in height. ROLL CALL: Mr. Paul yes Mr. Hepler yes Mr. Simmons no Mr. Neuberger yes Mr. Dodd no Mr. Srinivasan no Mr. Cardinale no The vote was 4-3. Motion denied. MOTION by Srinivasan/Dodd to approve the modification of special use permit site plan for removing four feet of height from the wall conditioned upon also retrofitting the chain link fence and addressing the items staff has outlined in the report; item 2, replacement of dead or missing vegetation, item 5, stormwater tract to be cleaned and maintained, 2 ~Lr~iAVi~~iN^i r~iivv Lvl,7i/`71V vv~yuvAivviv~~ MINUTES OF REGULAR MEETING OF JANUARY 15. 2009 item 6, hedge to be provided, item 7, repair the wooden fe^ce, ae^; 8. to r°v~uir a;e dumpster enclosure and item 9, repair the monument sign. ROLL CALL: Mr. Neuberger yes Mr. Hepler Yes Mr. Cardinale yes Mr. Paut nc~ Mr. Dodd ves Mr. Srinivasan yes IUIr..Simmnng yr?c The vote was 6-1. Motion passed. MOTION by Srinivasan/Dodd to approve a waiver of Section 54-4-21.3(b)(2) of the Sebastian Land Development Code to allow atwo-foot (2') high opaque feature for use with vehicle and service bays in the CR512 Overlay District. ROLL CALL: Mr. Neuberger no Mr. Hepler yes Mr. Cardinale yes Mr_ Paul nn Mr. Dodd yes Mr. Srinivasan yes Mr. Simmons no The vote was 4-3. Motion passed. CHAIRMAN MATTERS: Mr. Paul asked if there was anything in our code or ordinance regarding human signs. Ms. Grohall said there has been discussion regarding the sign ordinance. MEMBERS MATTERS: Chmn. Paul opened the nominations for chairperson. Mr. Simmons nominated Mr. Paul to continue as chairman. As there were no other nominations Mr. Pauf was appointed Chairman by acclamation. Mr. Simmons nominated Mr. Cardinale to continue as vice-chairman. As there were no other nominations Mr. Cardinale was appointed Vice-Chairman by acclamation. Mr. Hepler asked if it would be possible to have a monthly letter released posting all dates and times of meetings of all boards and commissions. Ms. Grohall said the city publishes a quarterly newsletter and due to production times it may not be feasible to put meeting dates in there. However, they are publicized on the calendar and can be found on the website, Comcast channel 25, the Press Journal and the .public notice board in city hall. DIRECTOR MATTERS: Ms. Grohall congratulated Mr. Paul and Mr. Cardinale on their re-election as Chairman and Vice Chairman respectively. ATTORNEY MATTERS: NONE Chmn. Paul adjourned the meeting at 8:23 p.m. (1/19/09 sb/) 3