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HomeMy WebLinkAbout02192009 PZ AgendaGil' OF 5~~~~~~ ~,.-. . HOME OF PELICAN ISLAND 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 AGENDA PLANNING. AND ZONING COMMISSION THURSDAY, FEBRUARY 19, 2009 7:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Regular Meeting of 1 / 15/ 2009 6. OLD BUSINESS: 7. NEW BUSINESS: A. Quasi-Judicial Public Hearing - Option B -Schumann Park - Highlands Unit 16) -Proposed Tennis and Basketball 8. CHAIRMAN MATTERS: 9. MEMBERS MATTERS: 10. DIRECTOR MATTERS: 11. ATTORNEY MATTERS: 12. ADJOURNMENT: Modification to a Site Plan - Option A and 1096 Schumann Drive (Tract N, Sebastian Modifications Include Additional Court(s) - ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. i ~t CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION ~ C MINUTES OF REGULAR MEETING ~C .Q JANUARY 15, 2009 ~ .,.~ ~ Chmn. Paul called the meeting to order at 7:00 P.M. Q~ ..~. The pledge of allegiance was said by all. ~` C ROLL CALL: •~ PRESENT: Mr. Paul Mr. Simmons '~ C~ Mr. Dodd Mr. Hepler ~C Mr. Neuberger Mr. Srinivasan ~ O Q Mr. Cardinale ~ N ~ ~i 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 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 & 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 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. i a .. 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 fink 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 ~i AAIAIi AI!"' Ahli"1 7(1A110.1l-' !`(l0 /IAAtQC1fl0.1 S Lr11 YI YIIYV r"11V/ LVIYLIYV VVIYIIVIIVVIVItl MINUTES OF REGULAR MEETING OF JANUARY 15. 2009 item 6, hedge to be provided, item 7, repair the woode^ fence, iter; 8, to I..~.G11 t"e dumpster enclosure and item 9, repair the monument sign, ROLL CALL: Mr. Neuberger yes Mr. Dodd yes Mr. Hepler yes Mr. Srinivasan yes Mr. Cardinale yes Mr_ .Simmons uPg Mr. Paut nc~ 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 no 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. Paui 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 sbl) 3 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 MEMORANDUM TO: Planning and Zoning Commission FROM: Growth Management Staff DATE: February 13, 2009 RE: Schumann Park 1096 Schumann Drive Tract N, Sebastian Highlands Unit 16 In response to citizens requests to enhance our recreational facilities in the City of Sebastian, improvements have been proposed for Schumann Park. Two site plans have been prepared for your review. The first. proposal identified as Option A shows the addition of one new tennis court directly east of southernmost two existing tennis courts, as well as a new basketball court on the northern portion of the site. This plan will require the removal of nine existing parking spaces, as well as some pine trees and some small areas of concrete and asphalt. The basketball court will be located in the area of the old racquetball court, which has long since been removed. On February 9, 2009, the Parks and Recreation Committee reviewed Option A and discussed adding two basketball courts instead of one. Option B has been prepared to reflect their ideas. This site plan shows the addition of two new basketball courts, and no new tennis courts. Please disregard all notes on Option B regarding the proposed new tennis court (i.e., demo existing asphalt, remove trees, etc.). The existing tennis courts will be resurfaced on both proposals. Other features for either plan include modifications to the court lighting, and a new ADA ramp in the handicapped parking area. 1 k Parking for the park meets code requirements with or without the removal of the 9 spaces for the construction of the new tennis court on Option A. The site currently has 37 regular spaces and 2 handicapped spaces. Our code requires two spaces for each tennis court, and does not specifically identify the parking needs for a basketball court. Assuming two spaces for each basketball court, parking requirements are as follows: Option A 7 tennis courts @ 2/1 court = 14 spaces 1 basketball court @ 2/1 court = 2 spaces Total spaces needed = 16 spaces Option B 6 tennis courts @ 2/1 court = 12 spaces 2 basketball courts @ 2/1 court = 4 spaces Total spaces needed = 16 spaces No new landscaping has been proposed. The City will continue to upgrade the park landscaping as trees become available from other city sites. As required for all public hearings, a legal notice has been published in the Press Journal, and notices were mailed to surrounding property owners within a 300 foot radius. Staff asks that the Planning and Zoning Commission review each site plan presented and recommends approval of both. City Council will then decide which option to construct. RECOMMENDED ACTION: Conduct Quasi-Judicial Public Hearing. Move to approve Option A, Schumann Park Improvements. Move to approve Option B, Schumann Park Improvements.