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HomeMy WebLinkAbout03061986 PZJim Gallagher Mayor City of Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 Deborah C. Krages City Clerk PLANNING AND ZONING COMMISSION M~NUTES MARCH 6, 1986 MEETING CALLED TO ORDER BY CHAIRMAN HARO~EtSENBARTH AT 7:00 P.M. PRESENT: MR. JEWELL THOMPSON MR. JAMES WADSWORTH MRS. EDRA YOUNG CHAIRMAN HAROLD EISENBARTH ABSENT: MR. WILLIAM MAHONEY (EXCUSED) MR. STANLEY KRULIKOWSKI (EXCUSED} MR. ROBERT FULLERTON (EXCUSED) MR. ROBERT MCCARTHY ALSO PRESENT: MR. TOM PALMER, CITY ATTORNEY MR. HECTOR FRANCO, CITY ENGINEER ANNOUNCEMENTS: DISCUSSION WITH ATTORNEY PALMER AS TO WHETHER FOUR MEMBERS OF PLANNING AND ZONING COMMISSION WOULD BE ENOUGH FOR A QUOREM. ATTORNEY P~LMER SAID THAT FOUR OF SEVEN WAS SUFFICIENT BUT THAT DECISION WOULD HAVE .... TO BE UNANIMOUS TO PASS. APPROVAL OF MINUTES: FEBRUARY 20, 1986: MR. FRANCO MADE COMMENT FOR THE RECORD THAT "FEASIBILITY" CONCEPT ON PAGE 3 BE CHANGED. HE SAID "WHAT WE RECALL IN REFERENCE TO FEASIBILITY STUDY IS NOT MY CONCEPT, BUT THE CONCEPT OF THE PEOPLE AT THE PRE-APPLICATION CONFERENCE." MOTION BY MR. WADSWORTH, SECOND BY MR. THOMPSON THAT SECRETARY SHOULD GO BACK AND LISTEN TO TAPE AND IF THERE ARE CHANGES TO BE MADE MAKE THEM. MOTION CARRIED. MINUTES - PLAN~ AND ZONING COMMISSION - MARCf 1986 - PA~E TWO OLD BUSINESS: DISCUSSION: RE: WILDLIFE ECOLOGICAL CONSERVATION ASSOCIATION CIVIC CLUB MEMBERS WERE TOLD BY SECRETARY THAT MR. DAVID REBER WOULD NOT BE PRESENT AT MEETING BECAUSE HE HAD GIVEN NEW MATERIALS TO MR. FRANCO AT 3:30 P.M. THAT AFTERNOON AND THAT MR. FRANCO HAD NOT HAD TIME TO REVIEW THESE IN TIME FOR THE P & Z MEETING. MOTION WAS MADE BY MR. THOMPSON, SECOND BY MR. WADSWORTH THAT UNTIL THE PACKAGE WAS 100% COMPLETE IT DOES NOT HIT ANOTHER AGENDA. MOTION CARRIED. REVISED SITE PLAN - FATHER AND SON PLAZA - PROPOSED TIRE STORE STEVE PHILIPSON REPRESENTED FATHER AND SON PLAZA. MR. PHILIPSON SAID HE HAD RECEIVEDLETTERS FROM BILL MESSERSMITHAND HECTOR FRANCO SINCE.LAST P & Z MEETING. MR. PHILIPSON SAID HE WOULD STRIKE STORAGE SHED FROM PLAN BECAUSE OF PROXIMITY TO EXISTING TREE. HE SAID HE FELT THAT MR. MESSER- SMITH AND MR. FRANCO COULD WORK OUT DIFFERENCES. DISCUSSION OF MR. FRANCO'S LETTER DATED MARCH 4, 1986 FOLLOWED. MR. FRANCO SAID DRAINAGE WAS ONE OF HIS MAIN CONCERNS AND WOULD NOT GIVE APPROVAL UNTIL IT WAS ADDRESSED; PARKING MUST. BE ADDRESSED; SHED MUST BE MOVED'AND SEVEN MORE TREES MUST BE PROVIDED FOR LANDSCAPE. MR. WADSWORTH EXPRESSED CONCERN OVER THE LARGE AMOUNT OF REVISED SITE PLANS AND VIOLATIONS. MR. PHILIPSON FELT THAT HE HAD MADE SOME MISTAKES AND THAT CODES HAD CHANGED SINCE THE BEGINNING OF HIS PROJECT (RE: GREEN AREAS AND PARKING). HE SAID HE KNOWS CHANGES MUST BE MADE. STATED HE HAD WRITTEN A LETTER TO THE MAYOR SAYING HE WOULD PAY FOR COST OF IMPROVING ALLEY OR PERCENTAGE THEREOF. MR. WADSWORTH EXPRESSED CONCERN OVER ITEM #14 OF MR. FRANCO'S LETTER OF 3/4/86. "FINALLY, THE OVERALL SITE PLAN AS BUILT SHOWS A VERY, VERY POOR CONSTRUCTION STANDARD AND SHALL BE QUESTIONABLE IF THE CITY SHOULD ALLOW THIS TYPE OF WORK WITHIN THE CITY LIMITS." MR. EISENBARTH ASKED ATTORNEY PALMER IN A CASE LIKE THIS WHERE P & Z APPROVED ORIGINAL SITE PLAN AND THEN BUILDING IS NOT DONE AS APPROVED, DO WE SEND THE MATTER TO CODE ENFORCEMENT BOARD? CAN P & Z COMMISSION ALLOW AN APPLICANT TO REVISE THE SITE PLAN TO AN AS BUILT? ATTORNEY PALMER SAID YOU CAN ONLY REVISE TO AN AS BUILT IF THE AS BUILT IS IN COMPLIANCE WITH THE CODES. 2 MINUTES - PLANN AND ZONING COMMISSION 1986 - PAGE THREE ATTORNEY FELT THAT AS LONG AS MR. PHILIPSON'S ENGINEER IS WORKING WITH MR. FRANCO AND MR. CLOUTIER IN GOOD FAITH TO COMPLY WITH CODES IT WOULD BE PREMATURE TO GO TO THE CODE ENFORCEMENT BOARD. ATTORNEY PALMER QUESTIONED PARKING SPACE CALCULATION FROM THE BEGINNING OF THIS PROJECT. HE SAID HE BELIEVED THAT PARKING REQUIREMENTS HAD NOT CHANGED SINCE CODES REVISED. MR. PHILIPSON SAID HE THOUGHT OLD CODE REQUIRED ONE SPACE PER 300 AND NEW CODE REQUIRED ONE PER 200. ATTORNEY PALMER SAID THAT IF THAT WAS THE CASE THEN PARKING REQUIREMENTS THAT WERE IN PLACE AT THE TIME ARE THE APPLICABLE SPACES. MR. PHILIPSON ASKED THE PLANNING AND ZONING COMMISSION TO GIVE CO SO THAT HE COULD ALLOW KIRCHNER TIRE TO MOVE IN IF MATTER IS PLACED IN HANDS OF THE CITY ENGINEER AND CITY BUILDING OFFICIAL AND .BILL MESSERSMITH SO THAT THEY CAN WORK TOGETHER TO CLEAR UP REMAINING PROBLEMS. MR. WADSWORTH DISAGREED WITH MR. PHILiPSON'S REQUEST BASED ON COMMENTS FROM MR. FRANCO'S LETTER OF MARCH 4, 1986. MR..WADSWORTH SAID THAT THE P & Z COMMISSION HAS HAD TOO MANY PROBLEMS WITH MR. PHILIPSON'S BUILDINGS AND THAT THERE HAD ALREADY BEEN TWELVE REVISED SITE PLANS FOR THIS PROJECT. HE CITED ITEM #13 OF MR. FRANCO'S LETTER OF 3/4/863 "THE?PLAN~HAD'BEEN~REVISED~T~4~LVE ~!~'2) TIMES. MR. RANDY MOSBY AND MYSELF HAVE PROVIDED TOO MANY COMMENTS IN REFERENCE TO THIS PROJECT. AS PER MY PAST EXPERIENCE, WHEN THIS HAPPENS SOMEONE IS TRYING TO GET AROUND THE CITY CODES AND REGULATIONS. PLANNING AND ZONING COMMISSION SHALL RULE IN REFERENCE TO THIS PARTICULAR POINT AND LIMIT THE ALLOWED NUMBER OF REVISIONS." MR. WADSWORTH AGREED WITH THIS POINT. HE SAID WE SHOULD NOT LET THIS ITEM LOOSE, THE SITE PLAN SHOULD BE REDRAWN AND SUBMITTED FOR APPROVAL AND THE BUILDING SHOULD BE BUILT ACCORD- INGLY. MR. THOMPSON COMMENTED THAT LATEST REVISION ON PARKING AREA IS SHOWN AS 2/86 AND THAT WOULD SEEM TO PUT THIS SITE PLAN WITHIN PERVUE OF EXISTING CODES. ATTORNEY PALMER STATED THAT THAT WOULD MEAN TO ANY EXTENT WITH PARKING ATTRIBUTABLE TO NORTH BUILDING WOULD BE CALCULATED UNDER NEW CODE MR. FRANCO SAID THAT MR. PHILIPSON NEEDS TO SHOW SIX MORE'PARKING SPACES ON PLAN. BOARD WONDERED WHERE SIX MORE SPACES CAN BE~iFOUND. MR. FRANCO ALSO'SAID THAT INSTEAD OF THE REQUIRED 20~ OPEN SPACE, MR. PHILIPSON ONLY SHOWS 12.1 °' 3 MINUTES - AND ZONING COMMISSION - 1986 - PAGE FOUR MR. WADSWORTH ASKED ATTORNEY PALMER "BEING THAT WE DO HAVE A REVISED SITE PLAN AND THE DATE DOES CONFORM WITH THE NEW REGULATIONS THAT DOES NOT . GRANDFATHER ANYTHING IN?". ATTORNEY PALMER SAID AN OVERALL SITE PLAN MUST BE BROUGHT UP TO DATE WITH NEW CODES. MR. WADSWORTH ASKED HECTOR IF HE WANTED THE RESPONSIBILITY OF TAKINGOVER THIS MATTER. MR. FRANCO SAID THAT MR. PHILIPSON HAD TO STOP PLAYING GAMES AND GO BY THERULES OR SEND THE MATTER TO CODE ENFORCEMENT. ATTORNEY PALMER SAID IT SEEMED TO HIM THERE WAS NOWAY THE TENANT COULD MOVE IN AND THEN TRY TO CORRECT THE PROBLEMS. MOTION MADE BY MR. WADSWORTH.TORECOMMEND TO BUILDING OFFICIAL AND CITY ENGINEER THAT A CO NOT BE ISSUED TO THE FATHER AND SON PLAZA IN REGARD TO THE TIRE STORE UNTIL SUCH TIME AS ALL CITY REQUIREMENTS AND ORDINANCES AND CODES ARE MET AND COME BACK BEFORE THIS BOARD. MOTION DIED FOR LACK OF SECOND. ATTORNEY PALMER SAID THAT IF THE PLANNING AND ZONING BOARD DID NOT PASS THIS MOTION IT WOULD IN EFFECT HAVE THE SAME RESULT. HE SUGGESTED MEMBERS READ CHAPTER NINE IN LAND DEVELOPMENT CODE BOOK. MOTION BY MR. THOMPSON, SECOND BY MRS. YOUNG, TO RETURN THIS MATTER TO CITY ENGINEER AND CITY BUILDING OFFICIAL AND THE CITY ATTORNEY IF NECESSARY AND THAT THE PROBLEMS AS RELATED IN THE CITY ENGINEER'S LETTER DATED MARCH 4, 1986 BE RESOLVED PRIOR TO RESUBMITTAL TO THIS COMMISSION. ROLL CALL VOTE: AYES: MR. THOMPSON MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH MOTION CARRIED MINUTES - AND ZONING COMMISSION - MARC1 1986 - PAGE FIVE NEW BUSINESS: SiTE PLAN - TRANSFERABILITY - FIVE UNIT APARTMENT (SYLVIA PELTIER - RAYMOND BEERS} SYLVIA PELTIER WAS PRESENT TO ANSWER QUESTIONS FROM.PLANNING AND ZONING MEMBERS. SHE STATED THAT THE SITEPCAN WAS THE SAME AS THE ONE THAT HAD BEEN GIVEN APPROVAL PREVIOUSLY. CHAIRMAN EISENBARTH EXPLAINED TO HER THAT THE EXTENSION OF THESITE PLAN WOULD HAVE TO BE GIVEN BY THE CITY COUNCIL AND THEN TRANSFER COULD BE GIVEN BY THE PLANNING AND ZONIN~ COMMISSION. MR. THOMPSON QUOTED SECTION 20A~10.5 OF THE LAND DEVELOPMENT CODE BOOK. SINCE THERE HAVE BEEN NO CHANGES IN THE APPROVED SITE PLAN AND IT MEETS EXISTING CODES THE BOARD FELT THERE WOULD BE NO OBJECTIONS TO TRANSFERABILITY. MOTION BY MR. WADSWORTH,SECOND BY MRS. YOUNG, TO AUTHORIZE THE CHAIRMAN OF THE PLANNING .AND ZONING COMMISSION TO SIGN A LETTER AUTHORIZING TRANSFERABILITY OF SITE PLAN IF HE GETS FORMAL NOTICE THAT THIS SiTE PLAN HAS BEEN EXTENDED BY THE CITY COUNCIL. ROLL CALL VOTE: AYES: MR. THOMPSON MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH MOTION CARRIED. MOTION BY MR. THOMPSON, SECOND BY MR. WADSWORTH TO SEND A LETTER TO CITY COUNCIL THAT PLANNING AND ZONING HAS NO OBJECTION TO THEM EXTENDING THE SITE PLAN ON THIS PROJECT. ROLL CALL VOTE: AYES: MR. THOMPSON MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH MOTION CARRIED. MINUTES - ~ AND ZONING COMMISSION - 1986 - PAGE SiX FIVE MINUTE RECESS CALLED. NEW BUSINESS: SITE PLAN - SNL CORPORATION - WAREHOUSE STEVE LULICH, ATTORNEY, REPRESENTED SNL CORPORATION. MR. FRANCO'S LETTER OF MARCH 4, 1986 REFERRING TO ITEMS # 1, 4, 9,'AND 12 OF MR. FRANCO'S LETTER OF FEBRUARY 28, 1986 WAS DISCUSSED. ITEM #4 WHICH DISCUSSED ENCLOSED PARKING WAS RESOLVED.~ACCORDING TO ATTORNEY PALMER ENCLOSED PARKING IS ALLOWED IN CITY. ITEM #9 WHICH TALKS ABOUT WATER SUPPLY WAS DISCUSSED. ATTORNEY PALMER SAID THAT OWNERS WOULD HAVE TO GETTA CITY PERMIT TO BE ABLE TO EXTEND A LINE UNDER A RIGHT OF WAY TO NEXT PROPERTY. UNDER ITEM #112 MR. FRANCO TOLD MR. LULICH THAT SIX MORE TREES WERE REOUIRED TO MEET CITY CODES. CHAIRMAN EISENBARTH QUESTIONED DOORWAY FROM BUILDING TO PARKING AREA DRIVEWAY. HE FELT THAT WALKWAY WITH WHITE STRIPE THAT WAS PUT IN REVISED SITE PLAN WASN'T GOOD ENOUGH FOR HIM TO ENSURE SAFETY OF PEDESTRIANS. IT WAS DECIDED THAT THE DOOR BE MOVED AROUND THE CORNER TO THE ENCLOSED PARKING AREA. MOTION BY MR. WADSWORTH, SECOND BY MR. THOMPSON, THAT PLANNING AND ZONING COMMISSION APPROVE SITE PLANS SUBMITTED BY MR. STEVEN LULICH, ATTORNEY FOR SNL CORPORATION, CONTINGENT UPON MR. HECTOR FRANCO'S RECOMMENDATIONS DATED MARCH 4, 1986 ITEMS #1, 9, AND 12, ALONG WITH DOOR BEING RELOCATED TO ENCLOSED PARKING AREA. ROLLiCALL VOTE: AYES: MR. THOMPSON MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH MOTION CARRIED. CHAIRMAN'S MATTERS: DISCUSSION OF LETTER FROM MR. VAN DE VOORDE "TRAFFIC IMPACT STUDY FOR CHURCH- MAN'S CONDOMINIUM PROJECT". CHAIRMAN EISENBARTH SAID THAT PAGE X-5 OF LAND DEVELOPMENT CODE BOOK STATED WHAT TYPE OF IMPACT STUDY CAN BE REOUIRED AND THAT THIS STUDY WAS TOO BASIC. MR. THOMPSON FELT THAT CITY COUNCIL NEEDS MORE INFOR- MATION FROM PLANNING AND ZONING BEFORE PUD REZONING IS ACTED UPON. IT WAS DECIDED TO PUT THIS ITEM ON NEXT AGENDA UNDER OLD BUSINESS. 6 MINUTES - AND ZONING COMMISSION - 1986 - PAGE SEVEN MEMBER'S MATTERS: ENGINEER'S MATTERS: MR. FRANCO TOLD THE PLANNING AND ZONING COMMISSION THAT THE COUNTY HAD PASSED THE TRAFFIC IMPACT FEE. HE SAID THAT EACH TIME WE GET SITE PLAN A COPY NEEDS TO BE SENT TO THE COUNTY SO THAT THEY CAN FIX AN AMOUNT'TH~T THE PERSON WILL PAY IN IMPACT FEES. HE SAID THAT HE WOULD PROVIDE COPIES OF THE COUNTY'S IMPACT FEE REPORT FOR THE PLANNING AND ZONING COMMISSION MEMBERS. MOTION BY MR. THOMPSON, SECOND BY MR. WADSWORTH TO ADJOURN. MOTION CARRIED. MEETING WAS ADJOURNED AT 9:27 P.M. 7 Jim Gallagher Mayor City of Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 Deborah C. Krages City Clerk PLANNING AND ZONING COMMISSION AGENDA MARCH 6, 1986 CALL TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES OF - FEBRUARY 20, 1986 OLD BUSINESS: DISCUSSION RE: WILDLIFE ECOLOGICAL CONSERVATION ASSOCIATION CIVIC CLUB REVISED SITE PLAN: FATHER & SON'S PLAZA ~ PROPOSED TIRE STORE · NEW BUSINESS: SITE PLAN - TRANSFERABILITY - FIVE UNIT APARTMENT (SYLVIA PELTIER - RAYMOND BEERS) SITE PLAN - SNL CORPORATION - WAREHOUSE CHAIRMAN'S MATTERS: MEMBER'S MATTERS: ATTORNEY'S MATTERS: ENGINEER'S MATTERS: ADJOURN NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE,SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS MADE.