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HomeMy WebLinkAbout05151986 PZ'-L. GENE HARRIS Mayor of Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 MINUTES PLANNING AND ZONING REGULAR MEETING MAY 15, 1986 MEETING CALLED TO ORDER BY CHAIRMAN EISENBARTH AT 7:00 P.M. PRESENT: MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH MR. THOMPSON MR. OLTMAN CHAIRMAN EISENBARTH ABSENT: MRS. YOUNG, EXCUSED. ALSO PRESENT: TOM PALMER HECTOR FRANCO · ANNOUNCEMENTS: NONE APPROVAL OF MINUTES: MOTION BY MR. THOMPSON SECONDED BY MR. FULLERTON TO APPROVE THE MINUTES AS PRESENTED. CARRIED UNANIMOUSLY., OLD BUSINESS: BUDGET: #3110 - $4000.00 #3470 - $3000.00 #3150 - $3000.00 #4000 - $ 100.00 #4210 - $ 300.00 #4910 - $ 450.00 #5110 - $ 100.00 #5120 - $ 100.00 #5140 - $ 100.00 #5150 - $ 100.00 Total budget expenditures' expected for 1986-87 are $11,250.00. Hector A. Franco City Engineer .... · MINUTES PLANNING AND ZONING REGULAR MEETING PAGE 2 MAY 15, 1986 AT THiS POINT CHAIRMAN EISENBARTH ASKED THE BOARD TO CONSIDER THE REQUEST FOR THE PURCHASE OF A TRANSCRIBER TO BE USED BY PLANNING AND ZONING AND CONSTRUCTION/CODE ENFORCEMENT SECRETARIES. MR. THOMPSON MADE A MOTION THAT WE RECOMMEND TO CITY COUNCIL THAT IT WOULD BE TO OUR DIPLOMATIC BETTERMENT TO USE THE 85-86 BUDGET FUNDS AND TO ALLOCATE OUT OF IT $1500 TOWARD THE PURCHASE OF A NEW TRANSCRIBER. THIS MOTION WAS SECONDED BY MR. KRULIKOWSKI . UNDER DISCUSSION MR. WADSWORTH SAID HE HAD A PROBLEM WITH THE FLAT $1500.00 AND WOULD MR. THOMPSON AMEND HIS MOTION TO SHOW AN AMOUNT WITH A NOT TO EXCEED FIGURE AND WHERE THE MONEY WAS TO COME FROM. MR. THOMPSON REVISED THE MOTION TO READ NOT TO EXCEED $1300 AND THAT THE FUNDS BE TAKEN OUT OF #3470 AND PUT IN #6450 WHICH IS OFFICE EQUIPMENT AND THE TRANSCRIBER PURCHASED OUT OF THAT. MR. KRULIKOWSKI AGREED TO AMEND THE SECOND. MOTION PASSED UNANIMOUSLY. MR. THOMPSON THEN MADE AMOTION TO SUBMIT THE PROPOSED 86-87 PLANNING AND ZONING BUDGET TO MAYOR AND CITY COUNCIL AS WE HAVE DESIGNATED AT $11,250.00 SECONDED BY MR. WADSWORTH PASSED UNANIMOUSLY. NEW BUSINESS: HOME OCCUPATIONAL LICENSES: JOHN LLOYD - WELL WITHIN THE PERCENTAGE REQUIREMENTS. MR. LLOYD WAS PRESENT TO ANSWER QUESTIONS. MOTION BY MR. KRULIKOWSKI SECONDED BY MR, WADSWORTH TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR JOHN LLOYD. PASSED UNANIMOUSLY. MR. ADRIAN - MR. THOMPSON ASKS APPLICANT IF HE REALIZES THE SIZE OF TRUCK RESTRICTIONS APPLICANT STATES HE WILL NOT HAVE A TRUCK PROBABLY ONLY A VAN. MINUTES PLANNING AND ZONING REGULAR MEETING PAGE 3 ka MAY 15, 1986 MOTION BY MR. WADSWORTH SECONDED BY MR. KRULIKOWSKI TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR MR. ADRIAN. PASSED UNANIMOUSLY. STEVE PHILLIPSON - REZONING REQUEST. AFTER DISCUSSION BETWEEN MR. PHILLIPSON AND MR. PALMER THE FOLLOWING MOTION WAS MADE. MR. THOMPSON MADE AMOTION TO TABLE THE REQUEST FOR REZONING DUE TO THE FACT THAT IT WILL REQUIRE A DRIVE IN RESTAURANT THE APPLICATION IS NOT COMPLETE AND THERE IS NO STAFF REVIEW SECONDED FOR DISCUSSION BY MR. FULLERTON MOTION TO TABLE PASSED UNANIMOUSLY. OLD POST OFFICE: MR. DAVIES SPEAKS FOR MR. AND MRS. SMITH OF ALPHA TOOL INDICATES THAT THE SMITH'S WOULD LIKE TO PURCHASE THE PROPERTY AND RELOCATE. MR. DAVIES IS TOLD THAT THE ZONING WILL NOT ALLOW FOR RETAIL SALES AND HIS CLIENTS WOULD HAVE TO FILE FOR A ZONING CHANGE. MR. DAVIES QUESTIONS WHETHER IT WOULD FALL UNDER LIMITED COMMERCIAL. ATTORNEY PALMER CLARIFIES LIMITED COMMERCIAL ACTIVITIES AND WHY IT DOES NOT FIT. ATTORNEY PALMER STATES IT MUST BE A BUILDING WITH A MIX OF USES AND NOT A FREE STANDING BUILDING. ALL MEMBERS INDICATED THAT THEY WOULD BE RECEPTIVE TO A ZONING CHANGE IF THE SMITH'S DECIDED TO APPLY FOR ONE. TOM PALMER RECOMMENDS THAT MR. DAVIES GET WITH HECTOR REGARDING THE PARKING REQUIREMENTS. MR. PALMER INDICATED THIS WOULD NEED A ZONING AND LAND USE CHANGE AND WOULD TAKE APPROXIMATELY SIX MONTHS. MR. DAVIES WAS SATISFIED WITH THE ANSWERS RECEIVED FROM PLANNING AND ZONING AND SAID HE WOULD ADVISE HIS CLIENTS. FIVE MINUTE RECESS CALLED AT 8:20 P.M. /10� MINUTES PLANNING AND ZONING REGULAR MEETING PAGE 4 MAY 15, 1986 MEETING CALLED BACK TO ORDER AT 8:30 P.M. ALL PRESENT PRIOR TO RECESS ARE PRESENT AFTER RECONVENING. INDUSTRIAL PUD NO CHANGES TO THE IDEX PAGES PAGE ONE: MR. MAHONEY QUESTIONS WHETHER THE WORD ACCESSORY SHOULD STAY IN. 11 BEFOREHEWORD PALMER HIGH.AND INPARAGRAPH BTHE ETATHE WODREMOVE IL�AST*WORD SHOULD BE SINGULAR AND NOT PLURAL. NO OBJECTIONS TO THESE CHANGES. NO ADDITIONAL CHANGES ON PAGE ONE PAGE TWO - NO CHANGES � PAGE THREE: MR. MAHONEY QUESTIONS NUMBER ONE UNDER SECTION I INDICATES HE READS IT TO MEAN WE HAVE A ZONED PROPERTY LINE. ATTORNEY PALMER STATES THE PARAGRAPH IS CORRECT IF THERE IS RESIDENTIAL INVOLVED IT CANNOT BE WITHIN 200 FEET OF THAT PROPERTY LINE. CHAIRMAN EISENBARTH QUESTIONS RESIDENTIAL USES IN THE INDUSTRIAL PUD AND DOESN'T BELIEVE THEY ARE ALLOWED. MORE DISCUSSION FOLLOWS ALONG THESE LINES ATTORNEY PALMER STATES IF RESIDENTIAL IS NOT ALLOWED THEN THE WORDING SHOULD BE CHANGED TO ADD ADJACENT TO. FINAL DECISION IS TO ADD THE WORDS "ADJACENT TO PROPERTY" BETWEEN THE WORDS LINE AND ZONED IN THE THIRD LINE OF THAT SENTENCE. PASSED UNANIMOUSLY. PAGE FOUR: TOM ASKS FOR RECOMMENDATIONS REGARDING "E" -SPECIAL USE FOR INCREASED HEIGHTS. CHAIRMAN EISENBARTH SUGGESTS WE REMOVE THE ENTIRE SENTENCE. MORE DISCUSSION REGARDING THIS MATTER. CHAIRMAN ASKS FOR OPINIONS AROUND THE TABLE. MINUTES PLANNING AND ZONING REGULAR MEETING MAY 15, 1986 PAGE ~5 MR. WADSWORTH VOTES TO LEAVE .THE SENTENCE IN. MR. EISENBARTH AND MR. KRULIKOWSKI VOTE TO TAKE OUT MR. MAHONEY VOTES TO TAKE IT OUT MR. FULLERTON SAYS DEEP DOWN HE WOULD LIKE TO SEE IT STAY AT 35 FEET BUT MAYBE IF IT COULD BE REWORDED NOT TO LEAVE OR EXCLUDE ANYONE. VOTES TO LEAVE IN. MR. OLTMAN QUOTES FROM THE LAND DEVELOPMENT CODE BOOK .SECTION 20 A 2.6 AND TOM PALMER CLARIFIES. MR. OLTMAN VOTES TO LEAVE IN. TOM PALMER PROPOSES TO CHANGE "USE" TO SPECIAL EXCEPTION. MR. THOMPSON VOTES TO TAKE SENTENCE OUT. FINAL OUTCOME FOUR TO THREE TO REMOVE SENTENCE. PAGE FIVE: NO CHANGES PAGE SIX~ NO CHANGES PAGE SEVEN: NO CHANGES MR. WADSWORTH MAKES AMOTION SECONDED BY MR. MAHONEY TO PUT THE COMMERCIAL PUD ON THE AGENDA FOR DISCUSSION UNANIMOUS APPROVAL. CHAIRMAN EISENBARTH ASKS HECTOR TO EXPLAIN HIS LETTER. MR. FULLERTON ASKS IF THIS APPLIES TO THE WHOLE PROPERTY OR JUST RESIDENTIAL. DR. FISCHER IS RECOGNIZED TO COME TO THE MICHROPHONE DR. FISCHER GIVES HIS OPINION REGARDING THE CHANGES. MR. FULLERTON RECOMMENDS IT BE CHANGED TO 150 FEET. CHAIRMAN EISENBARTH ASKS IF PARKING IS ALLOWED IN SETBACK. HECTOR SAYS NO. ATTORNEY PALMER SAYS IT WOULD BE VERY RESTRICTIVE IF SET AT 150 FEET THE DEVELOPER COULD GO FOR REGULAR CG AND CL WHERE RESTRICTIONS ARE NOT SO SEVERE. MINUTES PLANNING AND ZONING REGULAR MEETING PAGE 6 MAY 15, 1986 MR. MAHONEY SAYS 100 FEET WOULD BE ALLOWABLE TO HIM. DR. FISCHER SAYS IF SET BACK IS NOT CHANGED AT 150 FEET IT IS 33% OF THE LAND. NO ONE WILL GO FOR A PUD WITH 33% OF THE PROPERTY USED FOR NON-USE. MR. WADSWORTH - 100 FT NO PROBLEM DUE TO BUFFER BEING MANDATORY TO BE NON SEE THRU MR. KRULIKOWSKI-100 FT- MR. MAHONEY - 100 FT- MR FULLERTON - 100 FT OR LESS CHAIRMAN EISENBARTH-100 FT- MR. OLTMAN-100 FT- MR. THOMPSON - 200 FT- MR. PALMER EXPLAINS CURRENT RULES TO FIGURE RATIO'S MR. THOMPSON TALKS ABOUT RSl0 OF THE 10,000 SQ FT YOU CANNOT USE 6,000 SQ FT OR YOU HAVE ONLY 4/10 USE FEELS COMMERCIAL PUDS SHOULD NOT GET GREATER USE REQUIREMENTS AND THATS WHY HE FEELS IT SHOULD STAY AT 200 FT. DOCTOR FISCHER GIVES HIS COMMENTS AND SAYS 13 ACRES OF HIS PROPERTY WILL BE UNUSEABLE. IT WOULD BE 80% NON USE IF PROPERTY ABUTS RESIDENTIAL AND IS ONLY A 25 ACRE PARCEL. HE STATES: HE CAN LIVE WITH 100 FT BUT NOT 200 FT. CHANGE I-1 TO 100 FT PAGE FOUR MR. THOMPSON NOT IN AGREEMENT. CHAIRMAN EISENBARTH ASKS REGARDING THE INDUSTRIAL CLASSIFICATION, AND HOW THE MEMBERS FEEL. MR. THOMPSON IN AGREEMENT WITH HECTOR'S MEMO MR. OLTMAN IN AGREEMENT WITH HECTOR'S MEMO CHAIRMAN EISENBARTH ASKS DOCTOR FISCHER IF HE HAS SEEN HECTOR FRANCO'S COMMENTS ON THE INDUSTRIAL ITEM. DR. FISCHER IS GIVEN A COPY AND THEN GIVES HIS COMMENTS. HECTOR SAYS WE SHOULD A 5000 PAGE BOOK. NOT ADD OR WE WILL HAVE MORE DISCUSSION REGARDING LIGHT OR HEAVY INDUSTRY. ABOVE VOTE WAS NEVER FINISHED AND THE MEMBERS WERE REPOLLED AFTER ALL THE COMMENTS WERE MADE. MINUTES PLANNING AND ZONING REGULAR MEETING PAGE 7 MAY 15, 1986 MR. THOMPSON: iF RESTRICTIVE AND CORRECTLY DEFINED WOULD AGREE TO SOME SORT OF ASSEMBLY. TOM PALMER SAYS WHAT WE HAVE NOW IS ASSEMPLY, PRINTING AND TESTING AND RESEARCH FACILITIES ARE ALL DEFINED INDUSTRIAL AND YOU COULD BE TESTING BLOOD iN LABORATORY FOR DOGS AND IT HARDLY QUALIFIES AS AN INDUSTRIAL ACTIVITY WE CAN MORE FINE TUNE THESE THINGS AND GET THAT WHICH IS INDUSTRIAL AND THAT WHICH IS ACCEPTABLE DEFINED~ MR. OLTMAN: WHAT DR. FISCHER SAID MAKES A LOT OF SENSE TO ME ONCE YOU DO THAT YOU ESTABLISH PRECEDENCE OF COURSE. BUT HOW DO YOU CONTROL IT? ATTORNEY PALMER SAYS IN SITE PLAN REVIEW IT IS CONTROLLED. PUD'S ARE VERY RESTRICTIVE REGARDING USES AND YOU CAN SAY YES OR NO. UNDER THOSE CONDITIONS WOULD HAVE NO OBJECTIONS. MR. FULLERTON NO OBJECTIONS AT ALL LIGHT INDUSTRIAL SHOULD BE ALLOWED IN THE COMMERCIAL DISTRICT WE'VE GOT IT RIGHT NOW IF YOU WANT TO BE HONEST ABOUT IT. WE ARE GOING TO CONTROL IT ANYWAY. MR. MAHONEY: NO OBJECTIONS IF IT EMBODIES ALL THE SAFE GUARDS IN THE NUSIANCE STANDARDS. MR. KRULIKOWSKI: WITH ME. WITH THE CORRECT VERAGE FINE NO PROBLEM MR. WADSWORTH: I HAVE TO GO ALONG WITH WHAT ATTORNEY PALMER SAID: HE SAID THAT HE FELT LIKE THAT HE COULD PUT IT TOGETHER IN TWO OR THREE PAGES AND DEFINE IT WHERE EVERYONE IN QUESTION WOULD BE PROTECTED SO IN VIEW OF THAT I HAVE TO SUPPORT IT. CHAIRMAN EISENBARTH I HAVE NO OBJECTION TO IT MR. THOMPSON MADE AMOTION TO ASK ATTORNEY PALMER TO PREPARE A DRAFT OF INDUSTRIAL USES THAT FIT IN THE COMMERCIAL DISTRICT AND BRING BACK AT THE EARLIEST POSSIBLE DATE, SECONDED BY MR. WADSWORTH. PASSED UNANIMOUSLY. DISCUSSION TURNS TO THE PUBLIC HEARING ON PUD SECTION 20A 11.63C RE # Page XI-18 MOTION BY MR. THOMPSON TO HOLD OFF IN SETTING THE DATE OF THE PUBLIC HEARING SECONDED BY MR. KRULIKOWSKI PASSED UNANIMOUSLY. CHAIRMANS MATTERS: NONE MINUTES PLANNING AND ZONING REGULAR MEETING PAGE 8 MAY 15, 1986 MEMBERS MATTERS: MR. THOMPSON MADE A MOTION SECONDED BY MR. OLTMAN TO HAVE LINDA PURCHASE TABS FOR THE LAND DEVELOPMENT CODE BOOKS FOR DIVIDERS LIKE OLD BOOK. UNANIMOUS CAR WASHES ARE ACCEPTABLE USES IN CG BUT TELL PEOPLE THE DER MUST BE INVOLVED. RETAIL PKG STORES NO PROBLEM ON 512. MR. THOMPSON MADE AMOTION TO EXTEND THE MEETING FOR FIVE MINUTES SECONDED BY MR. MAHONEY UNANIMOUS.' ATTORNEYS MATTERS: NONE ENGINEERS MATTERS: NONE TIME LIMIT WAIVER FOR THE CHURCH HECTOR SAYS HE CANNOT CHANGE FOUR WEEK TIME LIMIT BOARD WOULD HAVE NO OBJECTIONS TELL THEM AS LONG AS THE PLANS HAVE BEEN SUBMITTED FOR APPROVAL THAT IT SHOWS GOOD FAITH AND THEY SHOULD HAVE NO PROBLEMS EXTENDING THE TRAILER PARKING PERMIT. MOTION TO ADJOURN BY MR. WADSWORTH SECONDED BY MR. THOMPSON UNANIMOUS MEETING ADJOURNED AT 10;05 P.M. Jim Gallagher Mayor City of Sebastian POST OFFICE BOX 127 ri SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (306) 589-5330 Albert A. Peltler Public Works Director PLANNING AND ZONING COMMISSION AGENDA MAY 15, 1986 CALL TO ORDER 'ROLL CALL ANNOUNCEMENTS APPROVE 'MINUTES: May 1st, 1986 OLD'BUSINESS: BUDGET 1986-87 NEW'BUSI'NESS: APPROVE HOME OCCUPATIONAL LICENSES ZONING CHANGE. STEVE' PH'~LL~PSON 'REQUES'T ~RE' OLD POST OFF~CE' USE INDUSTRIAL PUD ORDINANCE 'M~EMBEfi!'S'MAFTE,RS: ATT~RNE~tS'MATTERS: Efl6~NEERtS'~T~RS: AD~'O~RN NOTE; ZF ANY~ PERSON DEC~DES TO APPEAL ANY DEC~SION 'MADE ON THE ABlE 'MATTERS HE/SHE ~Z~LL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH P~RPOSES HE/SHE MAY NEED TO ENSURE THAT A VERBATZM RECORD OF THE PROCEE'D~NGS' ~S MADE NH~Cfl RECORD ~NCLUDES' Tfl'E TESTZMONY ~N EVIDENCE ON ~HlCH'THE APPEAL ~S'MADE.