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HomeMy WebLinkAbout06061985 PZPLANNING AND ZONING COMMISSION JUNE 6, 1985 MINUTES MEETING WAS CALLED TO ORDER BY CHAIRMAN EISENBARTH AT 7:00 P.M. PRESENT: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH CHAIRMAN EISENBARTH ABSENT: MRS. YOUNG (EXCUSED) ANNOUNCEMENTS: NONE. MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. THOMPSON, TO APPROVE THE MINUTES OF THE MAY 16, 1985 MEETING AS CORRECTED. OLD BUSINESS: DAN PREUSS RE: PARKING LOT ON U.S. #1: MOTION CARRIED. ATTORNEY PALMER STATED, THAT UNFORTUNATELY, ~HE CITY ORDINANCE STATES THAT NO POROUS PARKING LOTS MAY B~,PERMITTED WEST OF INDIAN RIVER DRIVE, EXCEPT FOR SOME SPECIAL EXCEPTIONS AS CHURCHES, VALET PARKING, ETC., WHICH MR. PREUSS DOES NOT FALL INTO ANY OF THE EXCEPTIONS. MR. PALMER ALSO STATED THAT THE PLANNING AND ZONING COMMISSION DOES NOT HAVE THE POWER TO APPROVE TEMPORARY PARKING. MR. PALMER STATED THAT MR. PREUSS COULD GO FOR A VARIANCE OR HE MUST PAVE THE PARKING LOT, WHICH WOULD MEAN HE WOULD NEED TO GO FOR SITE PLAN. MR. PALMER STATED THAT MR. PREUSS COULD USE THE PARKING LOT TO THE EXTENT OF ONLY PARKING FOR EMPLOYEES, WHICH WOULD BE MORE OR LESS THE SAME USE AS A CHURCH OR VALET PARKING USE. MR. PREUSS STATED THAT HE WOULD LIKE TO PUT AN EXIT ONLY SIGN AT THE ENTRANCE OF THE PARKING LOT, AND TAKE DOWN THE BARRICADE THAT IS THERE NOW. MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO TABLE THiS REQUEST UNTIL FURTHER INFORMATION IS FURNISHED AND CLARIFICATION IS MADE ON THIS ITEM. MR. KRULIKOWSKi WITHDREW HIS SECOND. MR. THOMPSON WITHDREW HIS MOTION. MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO DEFER ACTION ON THIS ITEM UNTIL THE JULY 18, 1985, MEETING. MR. DAN PREUSS ADDRESSED THE COMMISSION REGARDING HIS PARKING LOT ON U.S. #1. HE REQUESTED THAT HE BE ABLE TO USE THE PROPERTY AS A TEMPORARY PARKING LOT. MR. PREUSS STATED THAT HE PUT A POROUS MATERIAL IN THE PARKING LOT, OPPOSED TO PAVING, BECAUSE IN THE FUTURE MR. PREUSS HOPES TO ADD ON TO THE BUILDING, WHICH WOULD MEAN BREAKING UP THE PARKING LOT TO DO SO. MR. PREUSS ALSO STATED THAT HE WAS NOT AWARE THAT HE HAD DONE ANYTHING WRONG. MINUTES: PAGE 2 PLANNING AND ZONING JUNE 6, 1985 ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. KRULIKOWSKI MR. WADSWORTH CHAIRMANEISENBARTH NAYS: MR. MAHONEY MOTION CARRIED. MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO REQUEST MR. MOSBY BY LETTER TO RESPOND BY LETTER HIS OPINION ON ORDINANCE 202-6, AND HIS SUGGESTIONS ON REVISING IT. MOTION CARRIED. ROLAND MILLER - RE-ZONE: ATTORNEY PALMER STATED THAT THIS RE-ZONING WAS APPLIED FOR SOME MONTHS AGO. THE STATE LAW STATES THAT IF A PIECE OF PROPERTY HAS NOT BEEN ANNEXED FOR TWO YEARS, IT REQUIRES THE APPROVAL OF THE COUNTY, IN WHICH THE PROPERTY LAY BEFORE A CITY CAN RE-ZONE IT. MR. PALMER STATED THAT MR. BRANDENBURG ATTENDED A SEMINAR, AND THE PEOPLE AT THE SEMINAR SAID IT DOES NOT APPLY WHEN THE PROPERTY IS ZONED AGRICULTURAL AND YOU ARE RE-ZONING IT TO SOMETHING ELSE. ATTORNEY PALMER STATED THAT HE DOES NOT UNDERSTAND THAT AT ALL, AND HE HAS READ THE ORDINANCE AND THE STATE STATUTE DOES NOT STATE THAT. MR. BRANDENBURG DID STATE THAT, AND THEN MR. PALMER RECEIVED A CALL FROM MICHAEL WRIGHT, COUNTY ADMINISTRATOR, THE SAME DAY MR. PALMER WROTE THE LETTER TO THE PLANNING AND ZONING COMMISSION, SAYING THE COUNTY HAS NO OBJECTION TO IT, THEY DO NOT WISH TO PUT IT iN FRONT OF THE COUNTY COMMISSIONERS AS A FORMALIZED MATTER, AND THE CITY SHOULD GO AHEAD AND PROCESS THE RE-ZONING APPLICATION AS IF IT HAD FORMAL COUNTY APPROVAL. THE COUNTY DOES NOT THINK THAT THEY HAVE TO GiVE US FORMAL APPROVAL, WHICH IS FINE iF THAT IS THE OPINION OF THE COUNTY ATTORNEY, AND THE COUNTY ADMINISTRATORS STATED TO MR. PALMER THAT THE COUNTY COULDCARE LESS ABOUT HOW THE CITY RE-ZONE'S THIS PROPERTY, WE CAN DO AS WE SEE FIT WITH iT, AND ON THAT BASIS, ATTORNEY PALMER STATED LET'S GO WITH IT, LET'S RE-ZONE IT IF THE COMMISSION AND THE CITY COUNCIL AGREES WITH THE APPLICATION. ATTORNEY PALMER STATED THAT THERE IS NO POINT IN WAITING FOR THE COUNTY TO DO SOMETHING, THEY CHOOSE NOT TO DO ANYWAY, AND WE CAN'T FORCE THEM TO. CHAIRMAN EISENBARTH STATED THAT MR. MILLER IS REQUESTING THAT PARCELS 1 AND 2, BE RE-ZONED TO C-l, AN2D PARCEL 3 TO C-2. MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO POSTPONE ANY DECISIONS REGARDING THE RE-ZONING REQUEST UNTIL THE JUNE 20, 1985 MEETING, SO THE COMMISSION HAS TIME TO REVIEW THE FILE. CHAIRMAN EISENBARTH SUGGESTED TO THE COMMISSION TO REVIEW THE FiLE SO THAT AT THE JUNE 20, 1985 MEETING, ACTION COULD BE TAKEN. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI CHAIRMAN EiSENBARTH NAYS: MR. WADSWORTH MOTION CARRIED. MINUTES: PAGE PLANNING AND ZONING JUNE 6, 1985 CHAIRMAN'S MATTERS: CHAIRMAN EiSENBARTH QUESTIONED ATTORNEY PALMER AS TO WHETHER ANY DECISION WAS MADE ON THE POROUS PARKING AT THE JUNE 5, 1985, COUNCIL WORKSHOP. ATTORNEY PALMER STATED THAT IT WAS TABLED. MEMBER'S MATTERS: MR. THOMPSON WANTED TO THANK THE SECRETARIES FOR GETTING THE COMMISSION'S PACKETS TO THEM TWO WEEKS iN ADVANCE OF THE MEETING. MR. MAHONEY MENTIONED THAT HE WAS UNDER THE IMPRESSION THAT POSSIBLY THERE WERE GOING TO BE TWENTY-FIVE (25) DOCTOR OFFICES iN THE STNARD BUILDING ON U.S. #1. MR. FULLERTON INQUIRED IF THERE WAS A CHURCH BEING BUILT ON ENGLER, MR, WADSWROTH EXPLAINED THAT NOTHING WAS BEING BUILT AS OF YET. THEY HAD PROPER APPROVAL FROM CITY COUNCIL TO PARK A DOUBLE WIDE MOBILE HOME THERE FOR CHURCH SERVICES. NEW BUSINESS: MY MOTHER'S KITCHEN - DISCUSSION ON PROPOSED ADDITION: MR. ROBERT WHITE ADDRESSED THE COMMISSION REGARDING THE PROPOSED ADDITION TO MY MOTHER'S KITCHEN. MR. WHITE STATED THAT THE MAIN BUILDING WAS APPROXIMATELY 1800 SQUARE FEET. THERE WAS CONSIDERABLE DISCUSSION REGARDING THE PARKING LOT AT MY MOTHER'S KITCHEN. IT WAS THE GENERAL OPINION OF THE COMMISSION THAT THERE WAS SUFFICIENT PARKING 7'0 ACCOMODATE THE PROPOSED ADDITION TO THE RESTAURANT. THE COMMISSION ASKED THAT THIS PROPOSED ADDITION BE SENT TO MR. MOSBY FOR HIS REVIEW AND COMMENTS. MOTION BY MR. KURLIKOWSKI, SECONDED BY MR. WADSWORTH TO ACCEPT THE CONCEPTUAL PLAN FOR MY MOTHER'S KITCHEN AND HAVE MR. WHITE PROCEED WITH THE PROCEDURE. MOTION CARRIED. MOTION BY MR. WADSWORTH, SECONDED BY MR. THOMPSON, THAT MY MOTHER'S KITCHEN BE PLACED ON THE JUNE 20~ 1985, AGENDA UNDER OLD BUSINESS. MOTION CARRIED. SAN SEBASTIAN LAKES - PRELIMINARY DEVELOPMENT: MR. EARL MASTELLER ADDRESSED THE COMMISSION ON BEHALF OF DOCTOR HENRY FISCher', ~ GARDING THE SAN SEBASTIAN LAKES, PRELIMINARY DEVELOPMENT. MR. MASTELLER ADDRESSED EACH POINT OF A LETTER FROM MR. RANDY MOSBY REGARDING SAN SEBASTIAN LAKES. THERE WAS A LENGTHY DISCUSSION REGARDING THE SITE PLAN ORDINANCE 202-9. CHAIRMAN EISENBARTH TOOK A POLL ON WH~THER OR NOT THE MEMBERS AGREED WITH MR. MOSBY'S LETTER REGARDING THIS PRELIMINARY DEVELOPMENT. MINUTES: PAGE 4 PLANNING AND ZONING COMMISSION JUNE 6, 1985 POLL: MR. THOMPSON YES MR. FULLERTON YES MR. MAHONEY YES MR. KRULIKOWSKI YES MR. WADSWORTH BEATING A DEAD ISSUE CHAIRMAN EISENBARTH YES THERE WAS AGAIN A DISCUSSION REGARDING THE SITE PLAN ORDINANCE. MOTION BY MR. WADSWORTH, TO ACCEPT THE SUB-DIVISION PLAN AS PRESENTED AND RECOMMEND TO COUNCIL THAT IT BE APPROVED. MOTION DIED - LACK OF SECOND MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. THOMPSOn', TO ACCEPT THE PRELIMINARY DEVELOPMENT PLAN FOR SAN SEBASTIAN LAKES SUB-DIVISION CONTINGENT UPON MOSBY-ROBBiNS LETTER OF MAY 29, 1985. ...! MR. KRULIKOWSKI AMENDED HIS MOTION TO INCORPORATE THAT A LEFT TURN LANE AND A DE- CELERATION LANE BE REQUIRED. MR. THOMPSON AMENDED HIS SECOND. MR. THOMPSON WITHDREW HIS AMENDED PART OF HIS SECOND, MR. KRULIKOWSKI WITHDREW HiS AMENDED PART OF HiS MOTION. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI CHAIRMAN EISENBARTH NAYS: MR. WADSWORTH MOTION CARRIED, MOTION BY MR. THOMPSON, SECONDED BY :MR. WADSWORTH, TO APPROVE THE GUARD HOUSE AT SAN SEBASTIAN LAKES SUB-DiViSiON AS PRESENTED. MOTION CARRIED. WHEATON PROPERTY -~U.S. #1; ATTORNEY PALMER BROUGHT THE COMMISSION UP TO DATE REGARDING THIS PROPERTY. HE STATED THAT THE PROPERTY THAT THE APPLICANTS WOULD LIKE TO HAVE THEIR PAIN CENTER LOCATED IS PROPERLY ZONED, AND AGREES WITH THE COMPREHENSIVE LAND USE PLAN/MAP. THE BACK PROPERTY WHICH ENCOMPASSES LOTS 62, 63, 64, AND A PART OF WAUREGAN AVE. IS ZONED C-l, WHICH THEY WOULD LIKE TO HAVE RE-ZONED M-1 (INDUSTRIAL), AND LAND DESIGNATION USE IS CL, WHICH THEY WOULD LIKE TO HAVE RE-DESIGNATED iND (INDUSTRIAL). THERE WAS A LENGTHY DISCUSSION REGARDING THiS PROPERTY. MOTION BY MR. WADSWORTH, SECONDED BY MR. THOMPSON, TO RE-ZONE LOTS 62, 63, 64, AND A PART OF WAUREGAN AVE. FROM C-1 to M-l, AND RE-DESIGNATE LOTS 62, 63, 64, AND A PART OF WAUREGAN AVE. FROM CL TO IND. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. WADSWORTH NAYS: MR. KRULIKOWKSI CHAIRMAN EISENBARTH MOTION CARRIED. MINUTES: PAGE 5 PLANNING AND ZONING COMMISSION JUNE 6, 1985 CHAIRMAN EISENBARTH STATED THAT THE APPLICANTS SHOULD CONTACT THE PLANNING AND ZONING COMMISSION SECRETARY REGARDING PUBLIC HEARING DATE. MODEL HOME PERMIT - SILVA: MR. SILVA WAS NOT IN ATTENDANCE. THERE WAS A LENGTHY DISCUSSION REGARDING THE MODEL HOME PERMIT REQUEST. MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. THOMPSON, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED. MOTION BY MR. KURLiKOWSKI, SECONDED BY MR. WADSWOR~W, TO TABLE ~HE REQUEST FOR A MODEL HOME PERMIT FROM MR. SILVA, AND RETURN APPLICATION TO THE APPLICANT FOR THE NECESSARY PAPER WORK AS PROVIDED IN THE CITY ORDINANCE. MOTION CARRIED. MOTION CARRIED. DISCUSSION RE: ANTENNA ORDINANCE: THE DISCUSSION REGARDING THE ANTENNA ORDINANCE WILL BE HELD AT THE JUNE 20, 1985, MEETING. DISCUSSION REGARDING PLANNING AND ZONING REVIEWING ALL STRUCTURES, INCLUDING RESIDENTIAL, PRIOR TO PERMITTING: THIS DISCUSSION WILL BE HELD aT THE JUNE 20, 1985, MEETING. SEBASTIAN PLU~ING PLAZA WILL BE DISCUSSED AT THE JUNE 20, 1985 MEETING. THE THERE WAS A DISCUSSION REGARDING THE INDIAN RIVER INDUSTRIAL PARK. THERE WAS A DISCUSSION REGARDING THE IMPACT FEES. MOTION BY MR. FULLERTON, TO ADJOURN THE MEETING. MOTION DIED - LACK OF SECOND. MOTION BY MR. THOMPSON, SECONDED BY MR. FULLERTON TO ADJOURN THE MEETING. MOTION CARRIED. MEETING ADJOURNED AT 10:30 P.M. ACCEPT RESIGNATION OF MARJORIE POOLE: MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. THOMPSON, TO SEND A LETTER TO MRS. POOLE THANKING HER FOR HER TIME AND WORK SHE CONTRIBUTED TO THE PLANNINGAND ZONING COMMISSION. PLANNING AND ZONING COMMISSION MEETING JUNE 6, 1985 ADDITION TO MINUTES MEMBER'S MATTERS: MR. MAHONEY MENTIONED THAT HE WAS UNDER THE IMPRESSION THAT POSSIBLY THERE WERE GOING TO BE TWENTY-FIVE (25) DOCTOR OFFICES IN THE STNARD BUILDING ON U.S. #1. ATTORNEY PALMER STATED THAT IF STNARDS WERE CONSIDERING DOING THAT, THEY'LL BE PARKING OUT INTO U.S. #1. AS A PRACTICAL MATTER IT WOULDN'T WORK TO PUT TWENTY-FIVE (25) DOCTOR OFFICES IN THAT LOCATION WITH THE LIMITED PARKING. THEY'D BE PARKING CARS ON TOP OF ONE ANOTHER. Jim Gallagher Mayor CALL TO ORDER: ROLL CALL ANNOUNCEMENTS Ci0, of Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 58g-5330 ~LANNING & ZONING COMMISSION MEETING JUNE 6, 1985 - 7:00 P.M. AGENDA APPROVE MINUTES OF MAY 16, 1985 MEETING OLD BUSINESS: DAN PREUSS RE: PARKING LOT ON U.S. #1 ROLAND MILLER - RE-ZONE CHAIRMAN'S MATTERS: MEMBER'S MATTERS: ATTORNEY'S MATTERS: NEW BUSINESS: MY MOTHER'S KITCHEN - DISCUSSION ON PROPOSED ADDITION SAN SEBASTIAN LAKES - PRELIMINARY DEVELOPMENT MODEL HOME PERMIT - SILVA ACCEPT RESIGNATION OF MARJORIE POOLE DISCUSSION RE: T.V. ANTENNA ORDINANCE DISCUSSION REGARDING PLANNING & ZONING REVIEWING ALL STRUCTURES, INCLUDING RESIDENTIAL, PRIOR TO PERMITTING ADJOURN NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING, 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 BASED. Deborah C. Krage$ City Clerk