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Home My WebLink About07071994 PZ City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: REGULAR MEETING OF JUNE 16, 1994. 5. OLD BUSINESS: PROPOSED TREE ORDINANCE. 6. NEW BUSINESS: NONE. 7. CHAIP, MANS MATTERS. 8. MEMBERS MATTERS: RE-APPOINTMENT OF JOHN FALKE. 9. ATTORNEYS MATTERS. 10. BUILDING OFFICIAL MATTERS. 11. 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 JULY ~, 1994 VICE-CHAIRMAN FISCHER OPENED THE MEETING AT 7:00 P.M. ROLL CALL: PRESENT: MRS. BRANTMEYER, ALTERNATE MR. SCHULKE, ALTERNATE MR. MUNSART MR. SHROYER MR. GOLDSTEIN MR. FALKE ABSENT: CHAIRMAN THOMPSON, EXCUSED MR. BARNES, EXCUSED IT IS NOTED THAT MRS. BRANTMEYER AND MR. SCHULKE WILL VOTE IN BEHALF OF CHAIRMAN THOMPSON AND MR. BARNES WHO ARE ABSENT. ALSO PRESENT: BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT. ANNOUNCEMENTS: RE-SCHEDULE REGULAR PLANNING AND ZONING MEETING OF AUGUST 4, 1994 DUE TO CITY COUNCIL MEETING ON THAT DATE. IT WAS THE CONSENSUS OF THE BOARD TO MEET ON AUGUST 11, 1994 PROVIDED THAT COUNCIL CHAMBERS ARE AVAILABLE. APPROVAL OF MINUTES: MR. FALKE MENTIONED ON PAGE THREE, THIRD PARAGRAPH, FIRST LINE, "ENUMERATION" SHOULD READ "RENUMERATION." ALSO THE SIXTH PARAGRAPH ON PAGE THREE, MR. SHROYER'S MOTION DOESN'T ELABORATE AS TO WHAT "THIS" IS. "THIS" IS REFERRING TO A UNIVERSITY OF FLORIDA HAND-OUT FROM MR. SHROYER (SECRETARY MADE THE CORRECTIONS TO THE MINUTES. A MOTION WAS MADE BY MR. FALKE THAT THE MINUTES OF THE MEETING AS CORRECTED FOR JUNE 16, AS CORRECTED BE APPROVED. SECONDED BY MR. MUNSART. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. OLD BUSINESS: PROPOSED TREE ORDINANCE. MR. FISCHER SUGGESTED DEFERRING THIS TOPIC BEING THAT THERE HASN'T BEEN SUFFICIENT TIME TO REVIEW THAT CHANGES. MR. SHROYER STATED THAT HE RECEIVED A COPY OF THE CITY OF TITUSVILLE ORDINANCE AND WOULD LIKE TO HAVE IT COPIED AND HANDED OUT TO THE MEMBERS AND ALSO FEELS MORE TIME IS NEEDED TO REVIEW THE CHANGES AS WELL AS THE TITUSVILLE ORDINANCE. PLANNINGAND ZONING COMMISSION REGULAR MEETING OF JUL~"',.~, 1994 PAGE TWO MR. FALKE]MENTIONED CORRECTIONS #94-06. THEY ARE AS FOLLOWS: 'SEC. 20A-~4.2. ADMINISTRATION. TO THE CHANGED PROPOSED ORDINANCE ENVIRONMENTAL ADMINISTRATOR. THE DIRECTOR OF COMMUNITY DEVELOPMENT OR OTHER QFFICIAL APPOINTED BY AND REPORTING DIRECTLY TO THE CITY MANAGER, SHALL BE THE ENVIRONMENTAL'A,DM~NiSTRATOR... MR. FALKE MENTIONED THAT THROUGHOUT THE ORDINANCE IS THE WORD "DIRECTOR" AND SHOULD READ "ENVIRONMENTAL ADMINISTRATOR." FURTHERMO! "J" IN TH~ SUBSECTIO! IN ADDITI( ". · · AN] SECRETARY TEN FEET (E, RE-LETTERING OF SECTION 20A-14.5(B)(1)(A-K), PARAGRAPH tT SECTION REFERS TO "SUBSECTION "G" " .... ~, · · , IT SHOULD BE )N, IN SECTION 20A-14.'16(A)'(4) THE PARAGRAPH~.S~OULD READ A MINIMUM TRUNK DIAMETER' OF TWO INCHES (2") D.B.H." REMAINDER.. OF THE PARAGRAPH SHOULD BE REMOVED FROM "ALL SUCH TREES. WONDERED IF IN THE SAME PARAGRAPH MINIMUM OVERALL HEIGHT OF 10.') SHOULD BE'CHANGED TO EIGHT FEET (8') AND IF THE MR. FALKE REPLIED THAT THIS PARAGRAPH ONLY REFERS TO REPLACING ILLEGALLY REMOVED TREES. FURTHERMORE, HEIGHT (D~H) AT'FOUR AND SECTION 20A-14.18'. IDEFI'NITiON OF DIAMETER 'AT', BREAST SHOULD READ "... ~_~A siNGLE_STEMMED TREE MEASURED O~E-HALF INCH (4 1/.~"~i..~BOVE GRADE. AND ".. '.OF ALL STEMS MEASURED A~FO.UR AND ONE-HALF INCH (.4 i/~ DIAMETER OF ABOVE GRAD LASTLY, S~ THE FIRST REMOVE TRE MR. GOLDST PARAGRAPH SPECIMEN T CTION 20A-14.11(e), THE WORD "TREES"' SHOULD BE REMOVED FROM SENTENCE. THE PARAGRAPH SHALL NOW READ "THE' NECESSITY TO ES WHICH ARE DISEASED OR IN CONDITION. . . EIN SUGGESTED ELIMINATING THE FIRST AND LAST S'ENTENCE,FROM ~ IN SECTION 20A-14.3., ALSO TO MODIFY THE DEfINiTION OF ~EES TO INCLUDE THE CLAUSE REGARDING ALL RED AND BLACK MANGROVES ~S WELL AS EXCLUDING A PA~ TREE. MR. COOPE! 14.4 AND I A MOTION W~ PRESENTED SECONDED B VOICE VOTE THE CHANGE SECTION 20 -14.3(A) MENTIONED THAT SECTION'20A'~14.4(E) REFEkS TO SECTION 20A- SHOULD REFER TO SECTION~20A-14.5. ~S MADE BY MR. GOLDSTEIN THAT THE DOCUMENT THAT WE AREi ~ITH BE AMENDED AS PREVIOUSL'Y DISCUSSED. MR. SHROYER. 7-0 MOTION CARRIED. ARE AS FOLLOWS: DESIGNATION. DETERMINATION THAT A TREE IS PLANNING AND ZONING ISSION REGULAR MEETING OF JULY '~, 1994 PAGE THREE A HISTORIC TREE SHALL BE MADE BY RESOLUTION OF THE CITY COUNCIL, AND THE CITY CLERK SHALL KEEP A PERMANENT RECORD OF AL~ .TREES DESIGNATED BY CITY COUNCIL. SECTION 20A-14.3(E)". · · PURSUANT TO SECTION 20A-14.5 .... " SECTION 20A-14.18 DEFINITIONS. SPECIMEN TREE SHALL MEAN ANY TREE TWENTY (20) INCHES OR MORE IN DIAMETER AND SHALL INCLUDE ALL RED AND BLACK MANGROVES AND'EXCLUDE PA%~.TREES-, A MOTION WAS MADE BY MR. GOLDSTEIN ON PAGE 5 (SECTION 20A~14,5), THE PARAGRAPH ON SPECIMEN TREE LOTS, I'D LIKE TO REPLACE THE WORDS "PLANNING AND ZONING COMMISSION IS DIRECTED TO" WITH "PLANNING AND ZONING COMMISSION SHALL." SECONDED BY MR. FALKE. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. THERE WAS DISCUSSION ON THE DEFINITIONS OF "TREE" AND "PROTECTED TREE" AND WHETHER OR NOT THERE IS A NEED FOR "PROTECTED TREE" IN THE ORDINANCE. THERE WAS LENGTHY DISCUSSION ON CLEARING A LOT WITHOUT HAVING TO DEVELOP IT. DONNA STARK SPOKE IN REGARDS TO THE SAME MATTER. A MOTION WAS MADE BY MR. SHROYER THAT WE TAKE AND PUT THIS ASIDE FOR THE REST OF THIS MEETING AND LET EVERYBODY HAVE TILL THE NEXT MEETING TO READ THE TITUSVILLE ORDINANCE AND REVIEW THIS STUFF AND THEN WE CAN TAKE CARE OF THE RE-APPOINTMENT OF MR. FALKE. SECONDED BY MR. MUNSART FOR DISCUSSION. SHIRLEY KILKELLY SPOKE- IN REGARDS TO INDIVIDUAL AND!EXEMPT,TREE PERMITS, AS WELL AS THE JOINT MEETING BETWEEN THE CITY' COUNCIL AND PLANNING AND ZONING. THERE WAS ALSO DISCUSSION ON SECTION 20A- 14.7(B)(D) PROHIBITIONS. vOICE VOTE WA'S MADE, 7-0 MOTION CARRIED. NEW BUSINESS: MR. coOpER STATED TH'AT MRi.~ BOWDLE OF UNIVERSITY AuTo WOULD LIKE TO HAVE SITE PLAN REVIEW THIS EVENING FOR 1004 U.S. HIGHWAY 1','lAS'A USED CAR LOT. - a MoTioN WAS MADE' BY MR.' SCHULKE TO GO FOR IT AND HELP THIS GENTLEMEN OUT. SECONDED BY MR. FALKE. ROLL CALL: MRS. BRANTMEYER - YES. ,MR. SCHULKE - YES. MR. MUNSART - NO. PLANNING AND ZONING~4MISSION REGULAR MEETING OF J~ 7, 1994 PAGE FOUR MR. SHROYER - NO. MR. FISCHER - YES. MR. GOLDSTEIN - YES. MR. FALKE -YES. MOTION CAR~ MR. COOPER THE EXISTIN COOPER HAD ENSURE THAI PARKING ST~ STRIPING TC LANDSCAPING CODE. THEY AVAILABLE ~ AND PARKING A CREDIT OF ADDED. THE REMOVED IN~ THIS IS PER PROPERTY WC THE RESIDEN ENSURE SUC] IED 5-2, REVIEWED THE SITE PLAN-WITH THE, COMMISSIONERS. HE STATED G CAR WASH WOULD NOT BE US, ED. THE BIGGEST CONCERN MR. WAS TO SPECIFICALLY DELINEATE THE VEHICLE DI~SPLAY AREA ~O , IT DOES NOT INTERFERE WITH THE TRAFFIC MOVEMENT OF THE LLS AND WOULD SUGGEST U~ON APPROVAL TO D~LINEATEi~WITH EASILY ENFORCE THE DRIVEWA,YS AND MANEUVERIN~ AREAS. THE DATA SHOWS LANDSCAPING TO BE PROVIDED AS REQUIRED'"BY THE ARE REQUESTING WAIVERS ON THE LANDSCAPING DUE TO THE REA TO PROVIDE IS LIMITED TO ALSO PROVIDE VEHICLE DISPLAY . THE AMOUNT OF TREES SHOWN IS 20 AND THEY ARE REQUESTING 5 EXISTING AND 5 WAIVED, PARKING LOT LIGHTING~HAS BEEN EXISTING CURB CUT ALONG U.S. HIGHWAY 1 WiLL HAVE, TO BE ACCORDANCE WITH D.,O.T. REQUIREMENTS. MR:,,,~CO~PE~S~ATED MITTED WITHIN T~IS DISTR~CT. THE HEDGE ALONG"~T~' ~AST ULD BE ADEQUATE TO ~EET THE REQUIREMENTS OF THE BUFFER OF CE TO THE EAST AND A PHYSICAL INSPECTION WOULD BE' DONE TO JACK BOWDLE PRESENTED A LETTER FROM HRS INDICATING THAT THEY HAVE DONE EVERYTHING IN ACCORDANCE AND IF THEY TRY TO DISTRIBUTE ANY PETROLEUM PRODUCTS THEY WOUL~D HAVE T0 GO BACK TO THE STATE. MR. COOPER REPLIED THAT PARKING WOULD BE ONLY IN THE AREAS DESIGNATED AS PARKING. -~ .... BREAK WAS ~AKEN AT 8:23 P.M, AND RECONVENED WITH ALL MEMBERS PRESENT BEFORE BRE~K AT 8:38 P.M. MR. SCHULKf ENTRANCE SI THERE WAS E MR. COOPER 1.) MAXIM[ 2.) RIGHT- WILL B 3.) - ELIMI5 SETBAC 1. 4.) FIVE ~ §,.) EXISTI BY D.C 6.) ONE-WA U.S. ~ A MOTION W~ CARS AT THE MOSBY AND ~ SUGGESTED, ONE-WAY EXIT ONLY ONTO U,.S. HIGHWAY 1 WITH A NO GN FACING U~S. HIGHWAY 1. ISCUSSION REGARDING THE TREES AND SHRUBBERY. STATED THE CONDITIONS UPON WHICH THIS SHOULD BE APPROVED. M OF TWO EMPLOYEES. TURN ONLY SIGN TO BE ERECTED ALONG WITH THE STOP SIGN THAT E PLACED. ATION OF THE CURB CUT, IN ORDER TO PROVIDE A .THIRTY FOOT K FROM THE INTERSECTION OF MARTIN AVENUE AND U.'S. HIGHWAY OOT BUFFER ALONG THE EAST FOR THE EXISTING RESIDENCE. NG SIXTY-TWO FOOT CURB CU~, WHICH WILL HAVE TO BE.,APpHOVED .T. FOR THE REMOVAL. Y IN CIRCULATION IN MARTIN AVENUE AND ONE-WAY OUT ONTO IGHWAY 1. S MADE BY MR. FALKE TO APPROVE SITE PLAN FOR, BOWDLE USED INTERSECTION OF U.S. 1 AND MARTIN LANE,A~ DESCRIBED ON SSOCiATES DRAWING 94-194, SIGNED AND SEALED AND DATED PLANNING AND ZONING REGULAR MEETING OF JULY 7, 1994 PAGE FIVE JULY 6, 1994 WITH MODIFICATIONS AS PREVIOUSLY ENUMERATED. SECONDED BY MR. MUNSART. MR. SCHULKE FELT THERE IS TWO MANY PROBLEMS TO APPROVE THIS AND MR. MOSBY NEEDS TO RE-ADDRESS THE PROB~LEMS AND RE-SUBMIT IT. ROLL CALL WAS MADE: MR. SCHULKE - NO MR. MUNSART - YES MR. SHROYER - YES 'MR. FISCHER - YES MR. GOLDSTEIN - YES MR. FALKE - YES MRS. BRANTMEYER - YES. MOTION CARRIED, 6-1. CHAIRMANS MATTERS: NONE. MEMBERS~MATTERS: RE-APPOINTMENT OF JOHN FALKE. THERE WAS NO ACTION ON THIS MATTER DUE TO THE FACT THAT SECRETARY DIDN'T SUBMIT ALL APPLICATIONS FOR THE POSITION TO THE COMMISSIONERS. (SECRETARY OVERLOOKED HAVING ADVERTISED FOR THIS POSITION ON MAY 16, 1994). MR. SHROYER ASKED MR. COOPER IS THE SECRETARY COULD GET A KEY FOR THE ENGINEERING DEPARTMENT TO MAKE COFFEE. MR. COOPER STATED HE DIDN'T HAVE A KEY. MR. MUNSART ASKED MR. COOPER THE STATUS OF U.S HIGHWAY 1 AND CAPTAIN HIRAM'S. MR. COOPER RESPONDED IT IS IN D.O.T.'S HANDS AND SUGGESTED THAT A LETTER BE SENT TO D.O.T. THAT WE STRONGLY SUGGEST THAT T~EY DO SOME IMMEDIATE ACTION TO BE BROUGHT INTO COMPLIANCE TO MEET HANDICAP REQUIREMENTS. MR. SHROYER STATED NOT ONLY HANDICAP BUT, ANY CITIZEN WHO WOULD WALK IN THAT AREA. A MOTION WAS MADE BY MR. MUNSART THAT THIS BOARD GO ON RECORD OFFICIALLY WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO GET THE INCORRECT CURBING IN FRONT OF CAPTAIN HIRAM'S ON ROUTE 1 REPAIRED AT THE EARLIEST POSSIBLE MOMENT FOR THE SAFETY AND WELFARE OF THE CITIZEN'S OF SEBASTIAN USING THAT SIDEWALK AREA. SECONDED BY MR. SCHULKE. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. WITH COPY OF LETTER BEING SENT TO CAPTAIN HIRAM'S. MR. SHROYER WONDERED IF INDIAN RIVER DRIVE HAS BEEN TURNED OVER TO PLANNING AND ZONING COMMISSION REGULAR MEETING OF JULY 7, 1994 PAGE SIX SEBASTIAN. MR. COOPER RESPONDED IT IS NOT IN PURSUIT TO BE TURNED OVER. MR. SHROYER WONDERED IF HE COULD GET'THE COUNTY TO PUT NO PARKING SIGNS ON BOTH SIDES OF INDIAN RIVER DRIVE. MR. GOLDSTEIN WONDERED WHY THE SPEED LIMIT HAS~BEEN REDUCED ON COUNTY ROAD 512. MR. COOPER]REPLIED DUE TO THE CONSTRUCTION BEING DONE BY THE COUNTY. BUILDING OFFICIAL MATTERS: MR. COOPER STATED THE ATTORNEY ADVISED THAT THERE IS A CONFLICT WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REGARDING TO TRAILER PARKS. THERE WAS BRIEF DISCUSSION'ON NON-CONFORMITIES AND COMPREHENSIVE PLAN. MR. COOPER]ASKED TO BE PUT ON AGENDA FOR FURTHER DISCUSSION AT THE NEXT MEETING~ MR. COOPER]ADVI-SED THAT CITY COUNCIL--TURNED DOWN THE REOSMMENDATION ON CORNER %CTS. · , ',-, ~ MR. MUNSAR~ MENTIONED THE PROPOSED PARKING ORDINANCE. MR. COOPER SUGGESTED PUTTING THAT ON,-,THE AGENDA FOR THE NEXT MEETING. MEETING ADd 'OURNED AT 9:30 P.M. SEBASTIAN ZONING & PLANNING COMMISSION APPROVED ?'0.~" DATE APPROVED SUEUEOT