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Home My WebLink About06021994 PZ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407) 589-5570 AGENDA PLAIqNING AND ZONING COMMISSION THURSDAY, JUNE 2, 1994 7:00 P.M. 2. 3. 4. 8. 9. 10. 11. 12. CALL TO ORDER. ROLL CALL. ANNOUNCI~II~ITS. APPROVAL OF MINUTES: REGULAR MEETING OF MAY 5, 1994 REGULAR MEETING OF MAY 19, 1994. Oil) BUSINESS. NONE. N~W BUSINESS: HOME OCCUPATIONAL LICENSE - INTERLECT MARKETING. PROPOSED TREE ORDINANCE. PUBLIC HEARING: NONE. C~AI~S MATTEP~. ~BRS ~BRS: A~EYS ~ERS. BUI~i~ OFFICI~ ~ERS. ~O~. 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 THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. PZAGENDA.DOC A. /0140*�. (0041) CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING JUNE 2, 1994 CHAIRMAN THOMPSON OPENED THE MEETING AT 7:04 P.M. ROLL CALL: PRESENT: ALSO PRESENT: CITY ATTORNEY. MR. MUNSART MR. SHROYER CHAIRMAN THOMPSON MR. GOLDSTEIN MR. BARNES MR. FALKE MR. FISCHER ABSENT: MR. SCHULKE, EXCUSED JOEL KOFORD, CITY MANAGER AND RICK TORPY, ASSISTANT ANNOUNCEMENTS: NONE. APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. BARNES TO APPROVE THE MEETING MINUTES OF THE MAY 5, 1994 MEETING AS WRITTEN. SECONDED BY MR. FALKE. ROLL CALL WAS MADE, UNANIMOUS VOTE 7-0. A MOTION WAS MADE BY MR. BARNES TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 19, 1994. SECONDED BY MR. FALKE. ROLL CALL WAS MADE, UNANIMOUS VOTE 7-0. OLD BUSINESS: NONE. NEW BUSINESS: HOME OCCUPATIONAL LICENSE INTERLECT MARKETING - 242 CAPROL LANE. THE APPLICANT WAS NOT PRESENT. MR. BARNES SUGGESTED HOLDING THE PUBLIC HEARING AND POSTPONING THE DECISION UNTIL THE APPLICANT CAN APPEAR. MR. TORPY RECOMMENDED EITHER HOLDING THE PUBLIC HEARING AND NOT CLOSING IT OR DON'T HOLD THE PUBLIC HEARING AT ALL AND DEFER UNTIL THE APPLICANT IS PRESENT. THE PUBLIC HEARING WAS OPENED AT 7:12 P.M. A MOTION WAS MADE BY CHAIRMAN THOMPSON TO CONTINUE THE PUBLIC HEARING PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 2, 1994 PAGE TWO UNTIL JUNE 16, AT 7:00 P.M. FOR FURTHER ACTION ON THIS APPLICATION. SECONDED BY MR. FISCHER. VOICE VOTE WAS MADE, UNANIMOUS VOTE 7-0 (YES). --------------------------------------------------------------------- PROPOSED TREE ORDINANCE. CHAIRMAN THOMPSON STATED THAT THIS IS NOT A PUBLIC HEARING, BUT WILL LET THE COMMISSIONERS VOTE AS TO WHETHER THEY WILL ALLOW THE AUDIENCE TO SPEAK. ROLL CALL WAS MADE TO SEE WHAT THE CONSENSUS OF THE COMMISSIONERS WAS. MR. GOLDSTEIN - YES MR. BARNES - YES MR. FALKE- YES MR. FISCHER - YES MR. SHROYER - NO MR. MUNSART - YES CHAIRMAN THOMPSON - NO CONSENSUS CARRIED . A MOTION WAS MADE BY MR. SHROYER THAT ON PAGE 4 (FROM PROPOSED ORDINANCE #94-06, SECTION 20A-14.4 (B)(1)(g) THAT THE ONE AND ONE- HALF INCH DIAMETER BE CHANGED TO TWO INCHES, ALSO ON PAGE 24 (OF THE TREE PROTECTION HOMEOWNERS PACKET IN THE AGENDA BOOK FROM THE MEETING BETWEEN CITY COUNCIL AND P & Z ON MAY 231 1994) THERE IS ANOTHER REFERENCE TO ONE AND ONE HALF INCH, AND I BELIEVE THAT SHOULD BE CHANGED TO TWO INCHES AND AT THIS PARTICULAR POINT I'LL MAKE THE MOTION THAT WE TAKE AND ADOPT THIS AND SEND IT BACK TO CITY COUNCIL AS AMENDED. SECONDED BY MR. MUNSART FOR DISCUSSION. MR. TORPY STATED THAT THE ONLY ISSUE THAT FACES PLANNING AND ZONING IS PRIVATE PROPERTY RIGHTS WHICH IS CONSTITUTIONAL. HE ALSO SAID THAT THE PLANNING AND ZONING HAVE POLICE POWER WHICH MEANS =ERE 74 ue, CONCERNS SHOULD BE PUBLIC HEALTH, SAFETY AND WELFARE. SHIRLEY KILKELLY OF 950 FRANCISCAN AVENUE SPOKE IN REGARDS TO THE PROPOSED TREE ORDINANCE MR. COOPER PREPARED. NO FURTHER PUBLIC INPUT. MR. FISCHER SUGGESTED SEEING IF EACH COMMISSIONER HAS COMMENTS ON ALL OF THE PROPOSED ORDINANCES. ROLL CALL WAS MADE FOR MR. SHROYER'S MOTION: MR. BARNES - NO MR. FALKE - NO MR. FISCHER - NO PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 2, 1994 PAGE THREE MR. SHROYER - YES MR. MUNSART - YES CHAIRMAN THOMPSON - YES MR. GOLDSTEIN - NO MOTION DENIED, 3-4. RECESS WAS TAKEN AT 7:55 P.M. AND RECONVENED AT 8:02 P.M. WITH ALL COMMISSIONERS PRESENT WHO WERE THERE BEFORE BREAK. A MOTION WAS MADE BY MR. FISCHER TO CHANGE PROPOSED ORDINANCE #94-06 SECTION 20A-14.4 (B)(1)(g), PAGE 4, TO READ AS FOLLOWS: "THE MINIMUM NUMBER OF TREES SHALL BE ACCORDING TO THE LOT SIZE, NOTED BELOW. THE MINIMUM HEIGHT OF EACH TREE MUST BE AT LEAST EIGHT W) AND HAVING A MINIMUM TWO INCH (2") DIAMETER." SECONDED BY MR. BARNES. VOICE VOTE WAS TAKEN, 7-0 IN FAVOR. A MOTION WAS MADE BY MR. GOLDSTEIN TO AMEND THE PREVIOUS MOTION TO ALSO CHANGE THE DEFINITION OF TREE (FROM PROPOSED ORDINANCE #94-06, SECTION 20A-14.17. DEFINITIONS) FROM THE WORDS TO BE CHANGED FROM 6' TO AT LEAST 8' THUS MAKING THE ORIGINAL MOTION CONSISTENT WITH THE DEFINITION OF TREE AND ALSO TO INSERT THE WORD "LIVING" AFTER "ANY." (THE PARAGRAPH SHOULD NOW READ AS FOLLOWS: "TREE SHALL MEAN ANY LIVING SELF-SUPPORTING AND ERECT, STANDING WOODY PLANT HAVING AT LEAST ONE WELL-DEFINED STEM, WHICH TOGETHER WITH ITS ROOT SYSTEM, IS OF A SPECIES WHICH NORMALLY ATTAINS A MINIMUM OVERALL HEIGHT AT MATURITY OF AT LEAST EIGHT (8') FEET........") SECONDED BY MR. BARNES. VOICE VOTE WAS TAKEN, 7-0 IN FAVOR. A MOTION WAS MADE BY MR. FISCHER THAT WE STRIKE FROM THE PROPOSAL (FROM PROPOSED ORDINANCE #94-06, PAGE 5) "IF TREES MUST BE ADDED TO THE LOT TO CONFORM WITH THE REQUIREMENTS OF THIS ARTICLE, TREES SHALL BE SUPPLIED MEETING: (1) FLORIDA GRADE NUMBER 1 OR BETTER NURSERY STANDARDS ESTABLISHED BY THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS." SECONDED BY MR. BARNES FOR DISCUSSION. THERE WAS BRIEF DISCUSSION ON THE ADVANTAGES AND DISADVANTAGES OF NATIVE TREES. DONNA STARK WAS PRESENT AND SPOKE IN REGARDS TO SAME. f� VOICE VOTE WAS TAKEN, 7-0 IN FAVOR. A MOTION WAS MADE BY MR. SHROYER TO ADD (TO PROPOSED ORDINANCE #94-06, PAGE 5, BEFORE SECTION 20A-14.5. PROHIBITIONS.) "IF TREES ARE TO BE ADDED TO A LOT THEY SHOULD CONFORM TO THE LIST ON RECOMMENDED TREES FOR CENTRAL FLORIDA". PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 2, 1994 PAGE FOUR SECONDED BY MR. FISCHER FOR DISCUSSION. MR. FALKE FELT THAT IT WOULD BE TO RESTRICTIVE. VOICE VOTE WAS TAKEN, 0-7 NOT IN FAVOR. A MOTION WAS MADE BY MR. FALKE TO REMOVE (FROM PROPOSED ORDINANCE #94-06, SECTION 20A-14.4 (B)(1)(g), PAGE 4) THE WORDS FROM "DIAMETER" TO THE END OF THE SENTENCE AND JUST PUT 2" D.B.H. AND 8' MINIMUM HEIGHT, ALSO WHEREVER IT APPEARS IN THE ORDINANCE. THAT PORTION OF THE PARAGRAPH SHOULD NOW READ AS FOLLOWS: . EACH TREE MUST BE AT LEAST EIGHT (8') AND HAVING A MINIMUM TWO (2") D.B.H. SECONDED BY MR. BARNES. LOUISE CARTWRIGHT WAS PRESENT AND SUGGESTED TO ADD TO THE MOTION THAT THIS BE CHANGED THROUGHOUT THE ORDINANCE. MR. FALKE AGREED TO ALTER THE MOTION (AS INDICATED ABOVE). /00*1 MR. BARNES SECONDED THE ALTERATION TO THE MOTION. VOICE VOTE WAS MADE, 7-0 IN FAVOR. THERE WAS DISCUSSION ON CLEAR CUTTING LOTS. A MOTION WAS MADE BY MR. GOLDSTEIN TO RESTORE THIS LANGUAGE FROM PARAGRAPH H (FROM PROPOSED ORDINANCE #93-06 (h)(1-2), PAGE 5). SECONDED BY MR. FISCHER FOR DISCUSSION. (THE FOLLOWING SHOULD BE ADDED TO PROPOSED ORDINANCE #94-06 AS (B)(1)(h)(1-3), ON PAGE 5:) h. CREDIT FOR EXISTING TREES. ALL EXISTING TREES THAT MEET THE FOLLOWING CRITERIA MAY BE APPLIED TOWARDS MEETING THE MINIMUM NUMBER OF TREES AS REQUIRED IN SUBSECTION "G" ABOVE. CREDITS 1. 5" - 10" = 1 TREE 10" - 20" = 2 TREES 21" - 30" = 3 TREES 30" & OVER = 4 TREES 2. A MINIMUM OF 5 TREES SAVED, BETWEEN 2"-4" IN DIAMETER, SHALL BE GIVEN A CREDIT OF 1 TREE. 3. PALM TREES CAN BE USED ON A ONE FOR ONE CREDIT BUT, NO PALM TREE SHALL BE UTILIZED IN THE ABOVE FORMULA. MR. GOLDSTEIN STATED THAT HE OFFERS THIS AS AN ALTERNATIVE TO PROHIBITING CLEAR CUTTING AND RECOMMEND TO THE COUNCIL MEMBERS WHO URGED BANNING CLEAR CUTTING TO CONSIDER THIS A REASONABLE COMPROMISE. if PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 2, 1994 PAGE FIVE THERE WAS FURTHER DISCUSSION ON THE MATTER. VOICE VOTE WAS MADE, 6-1 (SHROYER) IN FAVOR. THERE WAS DISCUSSION ON SPECIMEN TREES REGARDING WHO SHOULD REVIEW THEM. A MOTION WAS MADE BY MR. FISCHER TO INCORPORATE INTO THE TREE ORDINANCE THE FOLLOWING PARAGRAPH (MAJORITY FROM DONNA STARK'S PROPOSAL, PAGE 5): IN THE EVENT A SPECIMEN TREE IS FOUND TO BE LOCATED ON A LOT, THE PLANNING AND ZONING COMMISSION IS DIRECTED TO WORK WITH THE PROPERTY OWNER TO MAKE DILIGENT EFFORT TO PRESERVE THE SPECIMEN TREE, THEN RECOMMEND TO CITY COUNCIL. SECONDED BY MR. SHROYER. VOICE VOTE WAS TAKEN, 7-0 IN FAVOR. A MOTION WAS MADE BY MR. FISCHER TO REMOVE THROUGHOUT THE ORDINANCE DIRECTOR OF COMMUNITY DEVELOPMENT AS ENVIRONMENTAL ADMINISTRATOR AND eow,� REPLACE WITH "CITY MANAGER TO APPOINT ENVIRONMENTAL ADMINISTRATOR," WHEREVER IT APPEARS. SECONDED BY MR. BARNES. VOICE VOTE WAS TAKEN, 7-0 IN FAVOR. A MOTION WAS MADE BY MR. GOLDSTEIN AS FOLLOWS: (1) AMEND (FROM PROPOSED ORDINANCE #94-06, SECTION 20A -H -q - (B)(1)(f) TO READ "TREES TO BE RETAINED, REPLACED, OR RELOCATED, (2) AMEND (FROM PROPOSED ORDINANCE #94-061 SECTION 20A (A)(1) TO READ "CHARACTERISTICS. THE REPLACEMENT TREE(S) SHALL HAVE AT LEAST EQUAL SHADE POTENTIAL , SCREENING PROPERTIES, AND OTHER CHARACTERISTICS COMPARABLE TO THAT OF THE TREE(S) ILLEGALLY REMOVED. 114, l 5 (3) AMEND (FROM PROPOSED ORDINANCE #94-06, SECTION 20A - (A)(5) TO REPLACE THE PLANNING AND ZONING COMMISSION WITH "THE ENVIRONMENTAL DIRECTOR. . ." (4) ELIMINATE (FROM PROPOSED ORDINANCE #94-06, SECTION 20A-14.17) THE DEFINITION OF "EXISTING DIAMETER AT BREAST HEIGHT (EDBH)" IT DOES NOT APPEAR ANYWHERE IN HERE. SECONDED BY MR. FALKE. VOICE VOTE WAS MADE, 7-0 IN FAVOR. i A MOTION WAS MADE BY MR. BARNES THAT WE ADD LANGUAGE WHICH DIRECTS THAT THE MINIMUM AMOUNT OF TREES STIPULATED IN THE ORDINANCE MUST BE MAINTAINED FOR THE LIFE OF THE PROPERTY. SECONDED BY MR. FISCHER FOR DISCUSSION. SHIRLEY KILKELLY STATED THAT THIS LANGUAGE COULD BE ADDED TO THE PARAGRAPH "ESTABLISHMENT" (SECTION 20A-14.16). /0"'P e'"1 r'26\ r emb\ /"1 PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 2, 1994 IT WAS CONSENSUS THAT ALL LOTS BE GRANDFATHERED IN. MR. FALKE FELT WE'RE SOLVING A PROBLEM THAT DOESN'T EXIST. THERE WAS FURTHER DISCUSSION ON THE MATTER. MR. BARNES WITHDREW THE MOTION. PAGE 6 A MOTION WAS MADE BY CHAIRMAN THOMPSON TO ADD TO SECTION 20A-14.12 APPEALS., IT WOULD BE APPROPRIATE TO ADD A THIRD LINE AFTER A GRIEVANCE BOARD AFTER ITS NEXT REGULAR SCHEDULED MEETING SO YOU DON'T CARRY ON AND CARRY ON. SECONDED BY MR. GOLDSTEIN FOR DISCUSSION. MR. GOLDSTEIN DISAGREED WITH THAT SUGGESTION ONLY BECAUSE THERE MIGHT NOT BE ENOUGH TIME TO RECEIVE THE BACK-UP AND STUDY IT THOROUGHLY. VOICE VOTE WAS TAKEN, 1-6 NOT IN FAVOR. A MOTION WAS MADE BY CHAIRMAN THOMPSON TO ADD TO SECTION 20A-14.11 (C)(1), THAT BOTH SIGNERS OF THE APPLICATION SHOULD BE EQUALLY LIABLE FOR ANY FINES OR PENALTIES. SECONDED BY MR. FISCHER FOR DISCUSSION. MR. GOLDSTEIN HAD CONCERNS THAT THE CHANGE SUGGESTED WOULD PENALIZE SOMEONE WHO DIDN'T DO ANYTHING. MRS. CARTWRIGHT STATED THE PERSON WHO COMMITTED THE CRIME MAY NOT BE THE RESPONSIBLE PARTY, THIS MIGHT BE KILLING THE MESSENGER RATHER THAN THE PERSON RESPONSIBLE, THE ONLY PERSON THAT SHOULD BE LIABLE TO THE CITY IS THE PERSON WHO SIGNED THE PERMIT. VOICE VOTE WAS TAKEN, 3-4 NOT IN FAVOR. THERE WAS LENGTHY DISCUSSION ON CONDITIONS AND SPECIFICATIONS OF TREE REPLACEMENT REQUIREMENTS. DONNA STARK COMMENTED ON CLEAR CUTTING. A MOTION WAS MADE BY MR. GOLDSTEIN TO EXTEND UNTIL 10:10 P.M. SECONDED BY MR. FISCHER. VOICE VOTE WAS TAKEN, 6-1. MOTION DENIED DUE TO CONSENSUS. CHAIRMANS MATTERS: NONE. MEMBERS MATTERS: NONE. BUILDING OFFICIAL MATTERS: NONE. MEETING ADJOURNED AT 10:04 P.M. 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