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HomeMy WebLinkAbout05021985 PZPLANNING AND ZONING COMMISSION MEETING MINUTES MAY 2, 1985 CHAIRMAN EISENBARTH CALLED THE PLANNING AND ZONING COMMISSION MEETING TO ORDER AT 7:00 P.M. PRESENT: ABSENT: MR. THOMPSON MR. FULLERTON MR. MAHONEY~,,..~'~ MR. KRU~IKOWSKI MR. WADSWORTH CHAIRMAN EISENBARTH MRS. 'i~E (INEXCUSE~ PLEDGE OF ALLEGIANCE TO THE FLAG. CHAIRMAN EISENBARTH STATED THAT THERE WILL BE A PUBLIC HEARING ON THE CHURCHMAN'S CONDO PROPERTY ON THURSDAY, MAY 9, 1985, 7:30 P.M. MOTION BY MR. WADSWORTH, SECONDED BY MR. KRULIKOWSKI, TO APPROVE THE MINUTES OF THE APRIL 18, 1985 MEETING, AS CORRECTED. (MR. FULLERTON VOTED NAY) MOTION CARRIED. OLD BUSINESS: MRS. CARLA CARTER SUBMITTED A"CHANGE.OF"USE" REQUEST TO THE COMMISSION. SHE STATED THAT SHE WILL BE USING THE BUILDING FOR A SILVER AND GOLD EXCHANGE SHOP. MRS. CARTER ALSO STATED THAT THE PARTICULAR OFFICE SHE WOULD BE USING IN THE BUILDING, WAS MR. ABELSON'S OFFICE. THERE WAS CONSIDERABLE DISCUSSION REGARDING WHETHER OR NOT THE REQUEST COULD BE APPROVED WITHOUTH A FORMAL SITE PLAN, (ARTICLE X). THE MAJORITY OF THE MEMBERS OF THE COMMISSION DISCUSSED. THAT THEY WOULD LIKE TO HAVE A WRITTEN OPINION FROM THE ATTORNEY, MR. PALMER, AS TO WHETHER OR NOT A FORMAL SITE PLAN WAS REQUIRED FOR THIS PARTICULAR "CHANGE OF USE" REQUEST. MOTION BY MR. KRULIKOWSKI,' SECONDED BY MR. WADSWORTH, TO APPROVE THE APPLICATION FOR A CHANGE OF USE ONLY, WITHOUT EVEN GOING TO THE ATTORNEY. ROLL CALL VOTE: AYES: MR. KRULIKOWSKI MR. WADSWORTH NAYS: MR. THOMPSON MR. FULLERTON MR. MAHONEY CHAIRMAN EISENBAPTH MOTION NOT CARRIED. MOTION BY MR. FULLERTON, SECONDED BY MR. MAHONEY, THAT WE SEND A LETTER TO THE ATTORNEY, REQUESTING THAT WE CAN GRANT A CHANGE OF USE WITHIN A BUILDING WITHOUT ANY~'CHANGE.IN~ THE~'~STRUCTURE WITHOUT. A SITE PLAN AND WITHOUT NO INCREASE IN PARKING, AND IF IT IS ALLOWABLE, THAT WE WILL ACCEPT THIS DRAWING AS PRESENTED FOR A CHANGE IN USE ONLY, ACCORDING TO THE LETTER THAT WE RECEIVED AT THIS MEETING OF MAY 2, WHICH THE LETTER IS DATED APRIL 14, 1985, AND RECEIVED APRIL 18TH. MINUTES: PAGE 2 AND ZONING COMMISSION MAY 2,._1985 ROLL CALL VOTE: AYES: MRi THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. CHAIRMAN EISENBARTH REQUESTED THAT ATTORNEY PALMER REPLY TO THE CHANGE OF USE IN WRITING. CHAIRMAN '.S MATTERS CHAIRMAN EISENBARTH REQUESTED IF THE $350.00 HAD BEEN TRANSFERRED FROM THE BUILDING DEPARTMENT FUND TO THE PLANNING AND ZONING COMMISSION. DEBORAH C. KRAGES, CITY CLERK, STATED THAT SHE WOULD LOOK INTO THE MATTER AND REPORT BACK TO MR. EISENBARTH. CHAIRMAN EISENBARTH REQUESTED MRS. KRAGES TO INQUIRE IF A REPRESENTATIVE FROM THE BUILDING DEPARTMENT WILL BE ATTENDING THE PLANNING AND ZONING MEETINGS, ONCE THE NEW BUILDING OFFICIAL IS SELECTED. MEMBER'S MATTERS: MR. FULLERTON STATED THAT HE WOULD LIKE THE~SECRETARY,OF THE PLANNING AND ZONING COMMISSION,TO PREPARE AND DISTRIBUTE THE PAPERWORK FOR THE MEETINGS TWO WEEKS IN ADVANCE SO THAT THE MEMBERS OF THE COMMISSION WOULD HAVE AMPLE TIME TO RREBARE FOR THE MEETINGS. MRS. KRAGES EXPLAINED THAT SHE AND HER STAFF WILL TRY TO EXPEDITE THE COMMISSION'S PACKAGES AS QUICKLY AS POSSIBLE, BUT THE CLERK'S OFFICE IS SHORT HANDED, AND MRS. KRAGES WORKS AT THE PLEASURE OF THE CITY COUNCIL. MR. MAHONEY STATED THAT HE THOUGHT MR. KRULiKOWSKI'S IDEA OF MAKING EVERY OTHER MEETING A WORKSHOP SESSION WAS A VERY GOOD IDEA. MRS. KRAGES STATED THAT IT WOULD BE BETTER FOR THE TIME BEING TO LET THINGS STAY AS THEY ARE UNTIL SOME KIND OF SCHEDULE COULD BE WORKED OUT, WHICH SHE IS WORKING ON AT THE PRESENT TIME. NEW BUSINESS: SAND MINING PERMIT/FISCHER: THIS PARTICULAR PIECE OF PROPERTY WAS IN THE COUNTY, DR. FISCHER HAD A COUNTY MINING PERMIT, AND WAS ANNEXED INTO THE CITY. THE COUNTY PERMIT IS GETTING READY TO EXPIRE. MRS. KRAGES STATED THAT DR. FISCHER SAID, WHEN THE PROPERTY WAS ANNEXED iNTO THE CITY, THE CITY AGREED THAT THEY WOULD LET HIS PERMIT RUN AND EXPIRE WITH THE COUNTY, THEN HE WOULD APPLY TO THE CITY, BUT ACTUALLY HE HAD NO INTENTION TO CONTINUE TO DO THE MINING. MRS. KRAGES ALSO STATED THAT SHE DOES NOT RECALL THIS AND HAS NOT HAD TIME TO INVESTIGATE IT. MINUTES: PAGE 3 AND ZONING COMMISSION MAY 2, 1985 MR. MAHONEY STATED THAT IN THE CODE OF ORDINANCES THERE IS A PROVISION OR REQUIREMENT, THAT EVERY YEAR THEY MUST FILE A PLAN STATING HOW THEY PLAN TO MAKE RECLAMATION ON THE PROPERTY ONCE THEY ARE THROUGH SAND MINING. MR. MAHONEY ALSO STATED THAT HE WAS NOT SURE IF THIS HAD BEEN ATTENDED TO OR NOT, OR IF IT WAS PERTINENT IN THIS CASE OR NOT. CHAIRMAN EISENBARTH ASKED IF THIS HAD BEEN THROUGH STAFF. MRS. KRAGES STATED THAT IT HAS BEEN, BUT AS A SUGGESTION, THE NEW BUILDING OFFICIAL INTERVIEWS WERE GOING TO BE HELD ON MAY 6TH, AND THERE ARE A NUMBER OF THINGS THAT REALLY NEED TO BE ADDRESSED AND CHECKED, PERHAPS THIS COULD BE POSTPONED UNTIL THAT TIME. MRS. KRAGES STATED THAT A BOND HAS NOT BEEN POSTED WITH THE CITY. MOTION BY MR. FULLERTON, SECONDED BY MR. THOMPSON, THAT THE APPLICATION FOR SAND MINING PERMIT BE PRESENTED TO THE. CITY ENGINEER AND THE CITY ATTORNEY FOR CONSULATION, AND THAT ANY ACTION BE POSTPONED UNTIL THE MAY 16, 1985, MEETING. MOTION CARRIED. PROPOSED ANNEXATION/DECRISTOFARO: THERE WAS A DISCUSSION HELD.REGARDING THIS PROPERTY. THERE WAS SOME CONFUSION AS TO WHY TWO PIECES OF PROPERTY WERE SUBMITTED TO THE COMMISSION FOR ANNEXATION. THE TWO PIECES DID NOT COINCIDE WITH EACH OTHER. MOTION BY MR. THOMPSON, SECONDED BY MR. FULLERTON, THAT THIS PETITION FOR VOLUNTARY ANNEXATION OF JO DORIS FLATT AND TONY HOWARD DECRISTOFARO BE DEFERRED UNTIL ADDITIONAL INFORMATION IS PROVIDED. MOTION CARRIED. APPROVE BILLS: MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO APPROVE PAYING INDIAN RIVER BLUE PRINT $12.90 FOR COPIES OF THE ZONING MA~S. MOTION CARRIED. MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO AUTHORIZE PAYMENT OF THE BILLS FROM THE PRESS JOURNAL TOTALiNG~$41.42. MOTION CARRIED. MOTION BY MR. THOMPSON, SECONDED BY MR. FULLERTON, TO APPROVE PAYMENT FOR ADVERTISE- MENTS OF NOTICE OF PUBLIC HEARINGS RELATED TO THE PLANNING AND ZONING BOARD IMMEDIATELY UPON PRESENTATION, AND TO NOTIFY THE BOARD WHAT HAS BEEN PAID. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. WADSWORTH CHAIRMAN EISENBARTH NAYS: MR. KRULIKOWSKI MOTION CARRIED. MINUTES: PAGE 4 PLANNING AND ZONING COMMISS1 MAY 2, 1985 MRS. KRAGES INFORMED THE BOARD THAT SHE HAD BEEN IN TOUCH WITH TREASURE COAST PLANNING REGARDING CHURCHMAN'S CONDO. THEY INFORMED MRS. KRAGES THAT THIS PARTICULAR DEVELOPMENT FALLS IN THE THRESHOLD OF HAVING A DRI STUDY DONE. TREASURE COAST PLANNING ALSO ADVISED DCA (DEPARTMENT OF' ~OMMUNITY AFFAIRS) THAT THIS DEVELOPMENT IS GETTING READY TO BE APPROVED IN SOME FORM AND THAT THEY'RE GOING TO BE WATCHING THE DEVELOPER AND THAT THE CITY CAN REQUIRE A DRI STUDY. CHAIRMAN EISENBARTH STATED THAT THIS WAS SOMETHING THE COMMISSION COULD BRING UP AT THE PUBLIC HEARING ON MAY 9TH. MRS. KRAGES STATED THAT THE COMMISSION COULD TELL THE DEVELOPER, AT THE PUBLIC HEARING, THAT THEY ARE VERY CLOSE TO THE THRESHOLD OF A DRI. MRS. KRAGES ALSO STATED THAT THEY ARE ALREADY AWARE OF THIS, AND THAT THEIR ATTORNEY HAS ALREADY BEEN NOTIFIED. THE COMMISSION COULD ALSO STATE THAT IT IS YOUR OPINION, OR WHATEVER YOUR OPINION IS, THAT THE COMMISSION WOULD LIKE TO HAVE THE DRI DONE. IF THE DEVELOPER DOES NOT BELIEVE THEY ARE CREATING THIS IMPACT, THEN THEY MAY WRITE THE DEPARTMENT OF COMMUNITY AFFAIRS AND REQUEST THAT THEY SEND TO THE CITY A LETTER OF BINDING APPLICA- TION, WHICH EXEMPTS THEM. THEY CAN ONLY GET EXEMPTION THROUGH THE STATE. THERE WAS DISCUSSION REGARDING MAILING UNDER THE STANDARD OPERATION PROCEDURE. MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. WADSWORTH, TO INFORM CITY COUNCIL THAT THE PLANNING AND ZONING COMMISSION APPROVES ITEM 1 AS A STANDARD OPERATING PROCEDURE. (MR. THOMPSON VOTED NAY) MOTION CARRIED. MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. FULLERTON, TO TAKE A FIVE MINUTE RECESS, AT 8:55 P.M. MOTION CARRIED. CHAIRMAN EISENBARTH CALLED THE MEETING BACK TO ORDER AT 9:00 P.M. ALL MEMBERS WERE PRESENT. AS A POINT OF iNFORMATION, A LETTER WAS PRESENTED TO THE PLANNING AND ZONING COMMISSION REGARDING A ANNEXATION REQUEST BY DR. FISCHER. MRS. KRAGES PRESENTED A LETTER FROM MAYOR GALLAGHER TO MR. WRIGHT,'.'OFJ THE~'_.COUNTY, REGARDING THE COUNTY'S INTENTION FOR C.R. 512 A LETTER WAS RECEIVED FROM MR. AND MRS. G. HOWARD JACKSON. THEY ARE ONE OF THE SURROUNDING PROPERTY OWNERS OF THE PROPOSED CHURCHMAN'S CONDO PROPERTY. MR. AND MRS. JACKSON WANTED TO EXPRESS THEIR OBJECTION TO THE DEVELOPMENT OF CHURCHMAN'S CONDO. CHAIRMAN EISENBARTH STATED THAT ARTICLE X - SITE PLAN REVIEW, IS TO BE PUT ON THE AGENDA FOR THE MEETING OF MAY 16, 1985. CHAIRMAN EISENBARTH STATED THAT THE MEETING ON MAY 9, 1985, IS FOR A PUBLIC HEARING ON CHURCHMAN'S CONDO ONLY, NO OTHER MATTERS WILL BE ON THE AGENDA. CHAIRMAN EISENBARTH REQUESTED THAT A COPY OF MR. RANDY MOSBY'S LETTER REGARDING THE INDUSTRIAL, ~BE PLACED IN THEIR PACKETS. THERE WAS A DISCUSSION REGARDING THE PLANNING AND ZONING COMMISSION BEING IN THE BUDGET FOR THE FISCAL YEAR 1985-1986, AND ALSO THE POSSIBILITY OF THE COMMISSION HIRING THEIR OWN ATTORNEY ON AN HOURLY BASIS. MINUTES: PAGE PLANNING AND ZONING MAY 2, 1985 THERE WAS A LENGTHY DISCUSSION REGARDING SENDING A LETTER TO MAYOR GALLAGHER REGARDING THE DAN PRUESS PROPERTY AND PARKING LOT. MOTION BY MR. MAHONEY, SECONDED BY MR. FULLERTON, TO SEND A LETTER TO MAYOR GALLAGHER BRINGING TO HIS ATTENTION PAGE THIRTY-SIX (36), SECTION EIGHTEEN (18) - ENFORCEMENT VIOLATIONS AND PENALTIES, WHERE IT SAYS, "THE MAYOR AND/OR BUILDING ORRICIAL OR ANYONE ELSE DULY DESIGNATED BY THE CiTY COUNCIL IS HEREBY DIRECTED TO ENFORCE THIS ORDINANCE, REGARDING THE DAN PRUESS PROPERTY. MOTION AMENDED BY MR. MAHONEY TO INCLUDE SPECIFICALLY DAN PRUESS" PARKING LOT. SECOND AMENDED BY MR. FULLERTON. THERE WAS MORE DISCUSSION HELD REGARDING THIS PROPERTY, AND WHAT CODE WAS CORRECT. ROLL CALL VOTE: AYES: MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH CHAIRMAN EISENBARTH NAYS: MR. THOMPSON MOTION CARRIED. MOTION BY MR. MAHONEY, SECONDED BY MR. FULLERTON, TO ADJOURN THE MEETING. MOTION CARRIED. MEETING ADJOURNED AT 9:45 P.M. Jim Gallagher Mayor Ci , of Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 PLANNING AND ZONING COMMISSION MEETING ~Y 2, 1985 - 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG ANNOUNCEMENTS/ PUblic Hearing May 9, 1985-7:30 p.m./Churchman's Condo APPROVE MINUTES OF APRIL 18, 1985 OLD BUSINESS: Approve request:for change of use "CONTINI/CARTER" CHAIRMAN ' S MATTERS: MEMBER.fS MATTERS: NEW BUSINESS: Sand Mining Permit/Fischer Proposed Annexation/DeCristofaro Approve Bills:: Indian River Blue Print - $12.90 copies Zoning Map Veto BSach Press Journal-Legal Advertisements (2) $41.72/"Churchman's Condo) ADJOURN Deborah C. Kragas City Clerk 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~STHE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED.