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HomeMy WebLinkAbout06161994 PZ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 13 FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION ~HURSDAY, JUNE 16r,,1994 7:00 P.M. 2. 3. 4. 5. 8. 9. 10. 11. CAhLTOORDER. ROLL CALL. APPROVAL OF MINUTES: REGULAR MEETING OF JUNE 2, 1994. OLD BUSINESS. HOME OCCUPATIONAL LICENSE - INTERLECT MARKETING· PROPOSED TREE ORDINANCE. N~BUSINESS: HOME OCCUPATIONAL LICENSE - SAFE HARBOR INSURANCE. CHAIRMANSMATTRRS. MEMBERS MATTERS: ATTORNEYS MATTERS. BUII.,DINGOFFICIALHATTERS. ADJOURN. 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 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING 1994 CHAIRMAN THOMPSON OPENED THE MEETING AT 7:02 P.M. ROLL CALL: PRESENT: MRS. BRANTMEYER MR. SCHULKE MR. MUNSART MR. SHROYER CHAIRMAN THOMPSON MR. BARNES MR. FALKE MR. FISCHER ABSENT: MR. GOLDSTEIN, EXCUSED ALSO PRESENT: JOEL KOFORD, CiTY MANAGER. IT IS NOTED THAT MR. SCHULKE WILL VOTE IN BEHALF OF MR. GOLDSTEIN WHO iS ABSENT. ANNOUNCEMENTS: CHAIRMAN THOMPSON WELCOMED JEAN BRANTMEYER AS THE NEW ALTERNATE MEMBER. HE ALSO ANNOUNCED THAT HE WOULD BE ABSENT THE FIRST MEETING OF JULY AND WISHES TO BE EXCUSED. FURTHERMORE, HE APPROVED TWO MINOR SITE PLANS, ONE FOR ADDITIONAL FENCING AROUND THE POOL AT SEBASTIAN LAKES AND THE OTHER WAS FOR CANOPIES OVER THE VACUUM CLEANERS AT THE CAR WASH. A MOTION WAS MADE BY CHAIRMAN THOMPSON TO MOVE SAFE HARBOR INSURANCE REQUEST FOR HOME OCCUPATIONAL LICENSE UP BETWEEN THE HOME OCCUPATIONAL LICENSE FOR INTERLECT MARKETING AND THE PROPOSED TREE ORDINANCE. SECONDED BY MR. BARNES. ROLL CALL WAS TAKEN, 7-0 MOTION CARRIED. APPROVAL OF MINUTES: CHAIRMAN THOMPSON MENTIONED ON PAGE 2 OF THE MINUTES OF JUNE 2, 1994 AFTER THE FIRST ROLL CALL IT SHOULD READ CONSENSUS CARRIED 5-2. MR. MUNSART MENTIONED THAT ON THE SAME PAGE IN THE PARAGRAPH THAT BEGINS WITH "MR. TORPY," THIRD LINE, THE SPELLING SHOULD BE "THEIR" AS IT IS USED IN THAT CONTEXT. MR. FISCHER MENTIONED THAT AT THE END OF THE LAST MEETING THERE WAS A MOTION AND A SECOND ON THE FLOOR AND IT WAS TO BE CONTINUED AT THIS MEETING. "CHAIRMAN THOMPSON STATED WE ADJOURNED DUE TO LACK OF EXTENSION. PLANNING AND ZONING C~IMISSION RkGULAR MEETING OF JUNE 16, 1994 PAGE TWO ALSO HE WASN'T SURE IF IT WAS IN THE FORM OF A MOTION. SECRETARY LISTENED TO THE TAPE AGAIN AND THERE WAS NEVER A MOTION MADE. THERE WAS TALK AS IF A MOTION AND A SECOND WERE MADE, BUT AFTER REVIEWING THE TAPE THERE WAS NEVER A MOTION MADE, PURELY DISCUSSION. A MOTION WAS MADE BY MR. BARNES TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 2, 1994 AS AMENDED. SECONDED BY MR. FALKE. VOICE VOTE WAS TAKEN, 7-0 MOTION CARRIED. DONNA STARK MENTIONED THAT ON PAGE 5 OF THE MINUTES IN MR. GOLDSTEIN'S MOTION ITEM #2 AND #3 SHOULD READ SECTION 20A'14.15. OLD BUSINESS: HOME OCCUPATIONAL LICENSE INTERLECT MARKETING - 242 CAPROL LANE. THE APPLICANT WAS NOT PRESENT AGAIN. A MOTION WAS MADE BY MR. BARNES TO HAVE THE APPLICANT APPLY AGAIN AND START ALL OVER. SECONDED BY MR. MUNSART. CHAIRMAN THOMPSON INFORMED THE AUDIENCE THAT THE SECRETARY NOTIFIED THE APPLICANT ON JUNE 10, 1994 TO APPEAR AT THE JUNE 16, 1994 MEETING. THERE WAS DISCUSSION ON THE APPLICANT HAVING AN EMPLOYEE NOT RELATED. ROLL CALL WAS MADE, 7-0 MOTION CARRIED. NEW BUSINESS: HOME OCCUPATIONAL LICENSE SAFE HARBOR INSURANCE - 582 TAYLOR AVENUE. THE APPLICANT WAS PRESENT. THE PUBLIC HEARING OPENED AT 7:26 P.M. 20 NOTICES WERE SENT, 1 OBJECTION RECEIVED. NO PUBLIC INPUT. THE PUBLIC HEARING CLOSED AT 7:26 P.M. A MOTION WAS MADE BY MR. BARNES TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR SAFE HARBOR INSURANCE AT 582 TAYLOR AVENUE iN SEBASTIAN. SECONDED BY MR. SHROYER. PLANNING AND ZONING C~MISSION R~GULAR MEETING OF JUNE 16, 1994 ROLL CALL WAS ~DE, 7.0 MOTION CARRIED. PAGE THREE PROPOSED TREE ORDINANCE. MR. SHROYER STATED THAT AT THE PREVIOUS MEETING A MEMBER OF THE AUDIENCE MENTIONED TO HIM THAT MR. FISCHER WAS IN CONFLICT OF INTEREST'AND SHOULD NOT HAVE BEEN ALLOWED TO SIT ON THE BOARD THAT EVENING~ IN REGARDS TO THE TREE ORDINANCE. MR. FISCHER STATED THAT HE IS NOT IN CONFLICT OF INTEREST,. CHAIRMAN THOMPSON ASKED MR. FISCHER IF HE RECEIVES ANY FROM THE PART OF THE COMPANY THAT HIS BROTHER OPERATES. MR. FISCHER REPLIED ABSOLUTELY NOT AND THAT FOR THE RECORD' THE COMPANY IS NO LONGER IN THE LAND CLEARING BUSINESS. THERE WAS CONSENSUS OF ALL COMMISSIONERS TO ALLOW THE PUBLIC TO SPEAK. A MOTION WAS MADE BY MR. SHROYER TO TAKE A TEN MINUTE BREAK.TO READ THIS AND THEN TAKE IF FROM THERE. ("T~I$" 15 ~~ TO U~I~_~iT~ O~ ~L~. SECONDED BY MR. MUNSART. VOICE VOTE WAS MADE, 5-2 MOTION CARRIED. RECESS WAS TAKEN AT 7:40 P.M. AND RECONVENED AT 7:50 WITH ALL MEMBERS PRESENT WHO WERE THERE BEFORE BREAK. MR. FISCHER REVIEWED GRADES OF TREES AGAIN. GRADE #1 IS A MEASUREMENT FROM THE BASE AND HAS TO HAVE STRAIGHT TRUNK FOR A CERTAIN LENGTH. GRADE #2 WOULD BE SLIGHTLY LESS THAN GRADE #1. A MOTION WAS MADE BY MR. SHROYER TO PUT ALL REFERENCES TO '#1 GRADE TREES BACK INTO THE ORDINANCE. MR. FALKE THAT WAS TO RESTRICTIVE A REQUIREMENT. MOTION DIES FOR LACK OF SECOND. A MOTION WAS MADE BY CHAIRMAN THOMPSON TO ADD TO PROPOSED ORDINANCE #94-06, SECTION 20A-14.1 (B), AT THE END OF THE FIRST SENTENCE "AND RESTRICT CLEAR CUTTING OF LOTS." SECONDED BY MR. FISCHER. ROLL CALL WAS MADE, 0-7 MOTION DENIED. A MOTION WAS MADE BY MR. FISCHER TO ADD TO PROPOSED ORDINANCE #94-06, SECTION 20A-14.1 (B) AT THE END OF THE FIRST SENTENCE" .... WI-THIN THE CITY AND TO REDUCE THE UNNECESSARY OR EXCESSIVE DESTRUCTION OF TREES." SECONDED BY MR. FALKE. MR. FALKE FELT "WITHIN THE CITY" WOULD BE REDUNDANT. PAGE FOUR MR. SCHULKE STATED THE NEXT PARAGRAPH STATES "THIS ARTICLE SHALL APPLY TO ALL REAL PROPERTY LYING WITHIN THE CITY. . . " MR. FISCHER AMENDED THE MOTION TO REMOVE "WITHIN THE CITY." MR. FALKE SECONDED THE AMENDMENT. VOICE VOTE, 7-0 MOTION CARRIED. THE SENTENCE SHALL NOW READ, "THE INTENT OF THIS ARTICLE iS TO ENCOURAGE THE PROTECTION OF A MAXIMUM NUMBER OF TREES AND TO REDUCE THE UNNECESSARY OR EXCESSIVE DESTRUCTION OF TREES." A MOTION WAS MADE BY CHAIRMAN THOMPSON TO ADD TO PROPOSED ORDINANCE #94-06 (FROM DONNA STARK'S PROPOSAL, PAGE 3): SECTION 20A-14.3. SPECIMEN OR HISTORIC TREES. A. DESIGNATION. CERTAIN_TREES, HEREIN REFERRED TO AS "SPECIMEN" OR "HISTORIC" TREES, ARE OF ESPECIALLY GREAT CONCERN TO THE PUBLIC BECAUSE OF ECOLOGICAL VALUE, NON-INDIGENOUS CHARACTEr., .SIZ~ AGE, OR HISTORIC ASSOCIATION. DETERMINATION THAT A TREE I.S.._~ HISTORIC TREE SHALL BE MADE BY RESOLUTION OF THE CITY COUNCIL, AND THE CITY CLERK SHALL KEEP A PERMANENT RECORD OF ALL TREES SO DESIGNATED BY THE CITY COUNCIL. SPECIMEN TREES ARE ALL TREES (20) INCHES OR MORE IN DI. AMETER AND SHALL INCLUDE RED AND BLACK MANGROVES (RHIZOPHORA MANGLE AND AVICENNIA NITIDE). B. REMOVAL. SPECIMEN OR HISTORIC TREES SHALL NOT BE REMOVED EXCEPT FOR EXTRAORDINARY CIRCUMSTANCES AND ONLY BY FINAL PERMIT APPROVED BY THE CITY COUNCIL. SECONDED BY MR.FISCHER. THERE WAS SOME DISCUSSION AS TO DESIGNATION OF WHO SHALL APPROVE THE PERMIT FOR SPECIMEN TREES. CHAIRMAN THOMPSON AMENDED HIS MOTION FROM PARAGRAPH B TO READ ". . . .ONLY BY FINAL PERMIT APPROVED BY THE PLANNING AND ZONING COMMISSION." VOICE VOTE WAS TAKEN, 7-0 MOTION CARRIED. CHAIRMAN THOMPSON MENTIONED THAT DUE TO THE FACT A NEW SECTION HAS JUST BEEN ADDED ALL SECTION NUMBERS NEED TO BE CHANGED AND ALL REFERENCES TO SAME NEEDS TO BE CHANGED AS WELL. A MOTION WAS MADE BY CHAIRMAN THOMPSON TO ADD (TO PROPOSED ORDINANCE #94-06, SECTION 20A-14.3(B), " .... OR CLEAR CUT A TREED LOT," AT THE BEGINNING OF THE SECOND LINE. SECONDED BY MR. FISCHER. PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 16, 1994 ~AGE FIVE MR. FALKE FELT THAT A DEFINITION ~FOR "TREED LOT" WOULD HAVE TO COME ALONG ',~ITH THAT. IN ADDITION, A PERMIT IS NEEDED TO CLEAR .LAND WHY WOULD YOU NEED ANOTHER PERMIT TO'CLEAR~CUT A TREED LOT? TH~ PERMIT IS'REQUIRED WHETHER THERE IS TREES OR NOT. VOICE VOTE WAS TAKEN, 2-5 MOTION DENI'ED. CARTWRIGHT FELT THERE IS A DIFFERENCE BETWEEN A LAND'~'CLEAR- CUTTING PERMIT AND A LAND CLEARING PERMIT. A STATEMENT suCH AS"'A LAND CLEARING PERMIT DOES NOT AUTHORIZE. THE REMOVAL OR'~.DESTRHCTION OF PROTECTED TREES," WOULD SEPARATE THE' TWO. MR. FALKE THOUGHT THAT THE PERMIT ITSELF OUGHT TO SAY THAT CLEARING IS PERMITTED ONLY IN ACCORDANCE WITH THIS ORDINANCE. A MOTION WAS MADE BY CHAIRMAN THOMPSON TO ADD (TO PROPOS'ED ORDINANCE #94-06, SECTION 20A-14.4) ON CIRCLE PAGE 11, LAST PARAGRAPH~ LINE SIX, NOW SAYS ". · .SHALL BE SUBMITTED WITH. · ."' AND I WANT TO ADD "ALTREE SURVEY AND A FILING FEE." ('THE SENTENCE SHALL NOW READ "THE COMPLETED APPLICATION SHALL BE SUBMITTED WITH A TREE SURVEY AND A FILING FEE. · .") SECONDED BY MR. FISCHER FOR DISCUSSION. THERE WAS DISCUSSION ON HAVING A REGISTERED LAND SURVEYOR PREPARE THE SURVEY FOR A LAND CLEARING PERMIT. VOICE VOTE WAS TAKEN, 5-2 MOTION CARRIED. A MOTION WAS MADE BY MR. FALKE TO ADD AS A NEW PARAGRAPH ~TO PROPOSED ORDINANCE #94'06:, SECTION 20A-l'4.4(B~)(1), "A TREE SURVEY,.', IDENTIFYING 'BYNAME AND SIZE ALL TREES FQ~R INCHES OR GREATER IN DIAMETER E~ISTING ON EACH LOT PRIOR TO DEVELOPMENT." SECONDED BY MR. FISCHER. VOI'CE~ VOTE WAS TAKEN, 5~2 MOTION CARRIED. A MOTION WAS MADE BY CHAIRMAN THOMPSON THAT PARAGRAPH 1 BE, "AT LEAST 50%_9~ALL NEW REQUIRED TREES SHALL BE OF NATIVE SPECIE~" (TO PROPOSED ORDINANCE #94-06, SECTION 20A-14.4(B)(I). · SECONDED BY MR. FISCHER.' VOICE VOTE WAS TAKEN, 7-0 MOTiON,CARRIED. A MOTION WAS MADE BY CHAIRMAN THOMPSON THAT WE ADD A PARAGRAPH CALLED "TREED LOT." TREED LOT ALL TREES FOUR (4) INCHES OR MORE IN DIAMETER LOCATED 0U~SIDE THE IMPRINT OF DEVELOPMENT MUST BE RETAINED. IN NO CASE SHALL THE REQUIRED NUMBER OF TREES REMAINING ON ANY SIZE TREED LOT BE LESS THAN THAT OF A SIMILAR SIZED UNTREED LOT. PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 16, 1994 PAGE SIX THERE WAS DISCUSSION ON THE MATTER. DONNA STARK SPOKE IN REGARDS TO THE AFOREMENTI~ONED'PARAGRAPH. MOTION DIED FOR LACK OF SECOND. A MOTION WAS MADE BY CHAIRMAN THOMPSON TO INCLUDE THE EOLLOWING.: SPECIMEN TREE LOTS 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 A DILIGENT 'EFFORT TO PRESERV~ THE SPECIMEN~ TREE. SECONDED BY MR. BARNES FOR DISCUSSION. CHAIRMAN THOMPSON WITHDREW HIS MOTION. A MOTION WAS MADE BY CHAIRMAN THOMPSON TO ADD A NEW 'PARAGRAPH 3.(TO PROPOSED ORDINANCE #94-06, SECTION 20A-14.8(B) WHICH SAYS, "LocATION OF EXISTING AND PROPOSED IMPROVE~ENT'S,_IFANY, INCLUDIN~ STRUCTURES, PAVING AND UTILITY EASEMENTS." SECONDED BY MR. FALKE. VOICE. VOTE WAS TAKEN, 7-0 MOTION'CARRiED. A MOTION WAS MADE BY CHAIRMAN THOMPSON TO INCSUDE (TO PROPOSED ORDINANCE #94-06, SECTION 20A-14.17, DEFINITIONS) "SPECIMEN. TREE SHALL MEAN ANY TREE (20) INCHES OR MORE-IN DIAMETER." SECONDED BY MR. FALKE. VOICE VOTE WAS TAKEN, 2-0 MOTION CARRIED. A MOTION WAS MADE BY MR. FALKE TO ADD A DEFINITION (TO PROPOSED ORDINANCE #94-06, SECTION 20A-14.17, DEFINITIONS) "TREE IDENTIFIES BY NAME AND SIZEALL TREES.....FOUR (4) INCHES OR ~EATER IN D.B.H. EXISTING ON EACH SITE." SECONDED BY MR. FISCHER. VOICE VOTE WAS TAKEN, 7-0 MOTION CARRIED. A MOTION WAS MADE BY MR. FISCHER TO CONTINUE THIS MEETING AFTER THE SECRETARY HAS 'HAD TIME TO COMPUTE .THIS ALL INTO ONE FORM, SO THAT WE CAN REVIEW I.T AND SEE IF WE'VE GOT EVERYTHING AND IF IT MAKES SENSE, CAUSE WE'VE DONE ALOT IN THE PAST TWO MEETINGS. SECONDED BY MR. BARNES. MR. FISCHER WITHDREW HIS MOTION. PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 16, 1994 PAGE SEVEN MRS. BRANTMEYER STATED SHE WANTED TO ELIMINATE THE WORDING CLEAR CUTTING, BUT NOT ELIMINATE THE MEANING. THERE WAS DISCUSSION REGARDING THIS MATTER. MR. FALKE STATED THAT ON PAGE ONE OF ORDINANCE #94-06 THERE ARE WORDS MISSING AT THE VERY BOTTOM (FROM SECTION 20A-14.1(A)(1). IT SHOULD SAY, "BETTER CONTROL PROBLEMS OF FLOODING, SOIL CONSERVATION~ AIR POLLUTION AND NOISE." A MOTION WAS MADE BY MR. FALKE TO ADD THOSE WORDS BACK iNTO THE ORDINANCE. SECONDED BY CHAIRMAN THOMPSON. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. A MOTION WAS MADE BY MR. FALKE TO INSERT NUMBER TWO (BACK INTO PROPOSED ORDINANCE #94-06, SECTION 20A-14.1(A)(2), 2.u .......... ENCOURAGE REDUCED ENERGY CONSUMPTION; SECONDED BY MR. BARNES. VOICE VOTE WAS TAKEN, 7-0 MOTION CARRIED. A MOTION WAS MADE BY MR. FALKE TO ADD THE WORDS (TO PROPOSED ORDINANCE #94-06, SECTION.20A-14.2) ". . . AND REPORTING DIRECTLY TO " SECONDED BY MR. BARNES. THE SENTENCE SHALL NOW READ "ENVIRONMENTAL ADMINISTRATOR. THE ENVIRONMENTAL ADMINISTRATOR OR OTHER OFFICIAL APPOINTED BY AND REPORTING DIRECTLY TO THE CITY MANAGER . . ." VOICE VOTE WAS TAKEN, 6-1 MOTION CARRIED. A MOTION WAS MADE BY MR. FALKE TO ADD (TO PROPOSED ORDINANCE #94-06, SECTION 20A-14-4(B)(1) "A STATEMENT OF THE REASON FOR REMOVING ANY TREES THAT ARE SCHEDULED FOR REMOVAL THAT ARE NOT WITHIN THE IMMEDIATE AREA OF CONSTRUCTION." SECONDED BY CHAIRMAN THOMPSON. VOICE VOTE WAS TAKEN, 5-2 MOTION CARRIED. A MOTION WAS MADE BY MR. FALKE TO PROPOSE ADDING (TO PROPOSED ORDINANCE #94-06, SECTION 20A-14.5) AFTER THE WORD "TREES," DOWN IN THE THIRD LINE, " . . . OTHER MANNER DESTROY OR CAUSE TO BE DESTROYED ANY TREES OF FOUR (4) INCH D.B.H. OR GREATER." SECONDED BY MR. BARNES. VOICE VOTE WAS TAKEN, 7-0 MOTION CARRIED. PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 16, 1994 PAGE EIGHT MR. FALKE STATED ON CIRCLE FOURTEEN, SECTION 20A-14.6, THE WHOLE PARAGRAPH IS REDUNDANT AND CAN BE TAKEN OUT. A MOTION WAS MADE BY MR. FALKE TO STRIKE THAT ENTIRE SECTION. SECONDED BY MR. BARNES. SHIRLEY KILKELLY STATED THAT THIS REFERS TO AN ALREADY DEVELOPED LOT WHERE SOMEBODY WANTS TO TAKE OUT A TREE. THEREFORE, iT DIFFERS FROM THE OTHER REQUIREMENTS MOSTLY BECAUSE THEY WERE FOR LOT CLEARING. THERE WAS DISCUSSION ON THE MATTER. VOICE VOTE WAS TAKEN, 2-5 MOTION DENIED. MR. FALKE SAID, "ON THAT SAME PAGE, 20A-14.8(A) 'PERMIT REQUIREMENT, PERMITS FOR REMOVAL, RELOCATION OR REPLACEMENT OF INDIVIDUAL TREES OR GROUPS OF TREES,' ONCE AGAIN WE GET INTO THE SIZE AND WHAT WE'RE CONCERNED ABOUT SO I WOULD SUGGEST ADDING AT THAT POINT, 'GROUPS OF TREES OF FOUR (4) INCH D.B.H. OR GREATER, EXCEPT FOR THOSE TREES IDENTIFIED AS PROHIBITED OR UNDESIRABLE IN SECTION 20A-14.17 DEFINITIONS,' AND THEN SCRATCH 'COVERED IN THIS SECTION' AND CONTINUE, 'SHALL BE OBTAINED BY MAKING APPLICATION FOR PERMIT TO THE ADMINISTRATOR.' SECONDED BY MR. MUNSART. VOICE VOTE WAS TAKEN, 6-1 MOTION CARRIED. A MOTION WAS MADE BY MR. FALKE TO ADD (TO PROPOSED ORDINANCE ~94-06, SECTION 20A-14.10, FIRST PARAGRAPH) "THE ISSUANCE OF A LAND CLEARING, GRUBBING AND TREE REMOVAL PERMIT BY THE ADMINiStrATOR, AS REQUIRED BY THIS ARTICLE, SHALL BE BASED ON THE FOLLOWING CRITERIA, AS CONFIRMED BY THE DEPARTMENT DURING A PHYSICAL INSPECTION OF THE SITE PRIOR TO THE ISSUANCE OF A PERMIT: SECONDED BY MR. BARNES. VOICE VOTE WAS TAKEN, 6-1 MOTION CARRIED. MR FALKE SAID, "I HAVE THREE THAT ARE JUST WORDING TO MAKE THE WHOLE PARAGRAPH 20A-14.10 CONSISTENT, IF YOU GET DOWN TO 'C. POSE A SAFETY HAZARD TO PEDESTRIAN OR VEHICULAR TRAFFIC. · · ,' WITHOUT THE WORDS 'THE NECESSITY TO REMOVE TREES WHICH POSE A SAFETY HAZARD. . .' IT KIND OFF LEAVES IT HANGING OUT IN THE AIR, LIKEWISE THE NEXT TWO PARAGRAPHS OUGHT TO START 'THE NECESSITY TO REMOVE TREES WHICH. ~ ~' SECONDED BY MR. BARNES FOR DISCUSSION. (SECTION 20A-14.10(C)(D)(E) SHALL NOW READ AS FOLLOWS: C. THE NECESSITY TO REMOVE TREES WHICH POSE A SAFETY HAZARD TO PEDESTRIAN OR VEHICULAR TRAFFIC. . . D. THE NECESSITY TO REMOVE TREES WHICH POSE A SAFETY HAZARD TO BUILDINGS; E. THE NECESSITY TO REMOVE TREES WHICH ARE DISEASED TREES OR IN CONDITION WEAKENED BY AGE. . . ) · ~LANNING..AND ZONING COMMISSION REGULAR'MEETING OF JUNE 16, 1994 PAGE NINE VOICE VOTE WAS TAKEN, 7'0 IN FAVOR. A MOTION WAS MADE BY CHAIRMAN THOMPSON TO SUBMIT ALL THESE CHANGES THAT WE ASK OF STAFF, TO INCORPORATE ALL THESE CHANGES THAT WE HAVE APPROVED INTO A DOCUMENT AND THAT THE STAFF REVIEW THAT DOCUMENT AND COME BACK TO US WITH THEIR COMMENTS AS RELATED TO ANY CHANGES THAT THEY PROPOSE AND THAT THE SAME TIME STAFF IS REVIEWING IT THE P & Z COMMISSIONERS WILL HAVE COPIES TO REVIEW. SECONDED BY MR. FISCHER. ROLL CALL WAS MADE, 7-0 MOTION CARRIED. MEMBERS MATTERS: THE END OF JUNE. MR. FALKE STATED THAT HIS TERM WILL BE EXPIRING HE ALSO STATED HE HAS RE-APPLIED FOR HIS TERM. (MR. FALKE WILL SERVE IN HIS POSITION UNTIL RE-APPOINTMENT). MR. MUNSART QUESTIONED THE LETTER RECEIVED IN REGARDS TO RESIDENTIAL VEHICLE RESTRICTION ORDINANCE. CHAIRMAN THOMPSON STATED IT WILL BE DISCUSSED WHEN MR. COOPER RETURNS. MR. MUNSART ALSO STATED THAT THE SIDEWALK SITUATION ON U.S. HIGHWAY 1 AT CAPTAIN HYRAM'S NEEDS TO BE RESOLVED ONCE AND FOR ALL. MEETING ADJOURNED AT 9:56 P.M. S58AST!A,~'~; .... APPRGVED - TE -~ ~ROVED SU~ECT TO