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HomeMy WebLinkAbout07241986 PZCHAIRMAN EISENBARTH CALLED THE MEETING TO ORDER AT 7:00 P.M. ROLL CALL: PRESENT: GERALD OLTMAN WILLIAM MAHONEY STANLEY KRULIKOWSKI ROBERT FULLERTON JAMES WADSWORTH (7:04 P.M.) CHAIRMAN HAROLD EISENBARTH ABSENT: J.W. THOMPSON (EXCUSED) ALSO PRESENT: CITY ATTORNEY, THOMAS PALMER CITY ENGINEER, HECTOR FRANCO CHAIRMAN EISENBARTH ANNOUNCED THAT SECRETARY LINDA KINCHEN WAS ABSENT DUE TO HER HUSBAND'S ACCIDENT AND WISHED THEM WELL. THE FIRST TWO PUBLIC HEARING WERE ON LOTS SIX (6) AND SEVEN (7) BLOCK TWO (2) EDGEWATER PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 25, ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS , AND ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, FROM COR TO CG. ZONING CHANGE CHAIRMAN EISENBARTH OPENED THE PUBLIC HEARING AT 7:02 ASKED FOR PUBLIC COMMENT. P .M. AND MARJORIE LUTKEMEIER, A PROPERTY OWNER IN THE VICINITY OF THE OLD POST OFFICE, QUESTIONED WHAT WERE THE ALLOWABLE USES IN CG, I.E., WOULD A MOTORCYCLE SHOP BE ALLOWED. ATTORNEY PALMER TOLD HER THAT SUCH A BUSINESS WAS ALLOWABLE. HE SAID THAT WHAT YOU'D FIND IN AN AVERAGE SHOPPING CENTER WAS ALLOWABLE IN CG. THERE BEING NO MORE COMMENTS, 7:05 P.M. THE PUBLIC HEARING WAS CLOSED AT LAND USE DESIGNATION CHANGE 1 PLANNING AND ZONING COMMISSION MINUTES JULY 24, 1986 PAGE 2 CHAIRMAN EISENBARTH OPENED THE PUBLIC HEARING AT 7:05 ASKED FOR PUBLIC COMMENT. P.M. AND THERE BEING NO COMMENTS, P.M. THE PUBLIC HEARING WAS CLOSED AT 7:05 THE NEXT TWO PUBLIC HEARINGS WERE ON LOTS 2 AND 3 OF BLOCK 10, LOTS 21 AND 22 OF BLOCK 9 AND THE EAST 100 FEET OF THE ABANDONED 80' ROAD RIGHT OF WAY OF EDGEWATER PARK SUBDIVISION AS PER PLAT RECORDED IN PLAT BOOK 5, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, COR TO CG. RANDY MOSBY, MOSBY AND ASSOCIATES SHOWED COMMISSION MEMBERS THE AREAS IN QUESTION ON A MAP HE PROVIDED FOR THEM. LAND USE DESIGNATION CHANGE CHAIRMAN EISENBARTH OPENED THE PUBLIC HEARING AT 7:12 P.M. AND ASKED FOR PUBLIC COMMENT. THERE BEING NO MORE COMMENTS FROM THE PUBLIC, WAS CLOSED AT 7:12 P.M. THE PUBLIC HEARING ZONING CHANGE CHAIRMAN EISENBARTH OPENED THE PUBLIC HEARING AT 7:13 P.M. ASKED FOR PUBLIC COMMENT. AND THERE BEING NO PUBLIC COMMENTS, THE PUBLIC HEARING WAS CLOSED AT 7 .'13 P.M. APPROVE MINUTES OF JULY 10, MEETING 1986, PLANNING AND ZONING COMMISSION CHAIRMAN EISENBARTH STATED THAT ON PAGE 2 FATHER AND SONS SHOULD BE CHANGED TO FISCHER & SONS ; IN THE SIXTH PARAGRAPH FROM THE BOTTOM THE WORK UNIFORCED SHOULD BE CHANGED TO UNREINFORCED; ON PAGE 4, THIRD PARAGRAPH FROM THE BOTTOM THE WORK UNINFORCED SHOULD BE CHANGED TO UNREINFORCED. MOTION BY MR. FULLERTON, THE MINUTES OF THE JULY 10, MEETING AS CORRECTED. SECONDED BY MR. WADSWORTH, TO APPROVE 1986, PLANNING AND ZONING COMMISSION ALL AYES: ZONING AND LAND USE DESIGNATION CHANGE FROM COR SEBASTIAN POST OFFICE TO CG - OLD PLANNING AND ZONING COMMISSION MINUTES JULY 24, 1986 PAGE 3 'JACK DAVIES, REPRESENTING OWNERS OF ALPHA TOOL DALE AND CINDY SMITH, STATED THAT THE PROPERTY HAS BEEN CLOSED ON AND MADE AVAILABLE TO MEMBERS THE DEED AND LEASE HOLD AGREEMENT. HE SAID THE SURROUNDING AREA WAS ALL CG EXCEPT FOR FLORIDA FEDERAL. CHAIRMAN EISENBARTH ADVISED MR. DAVIES NOT TO CONSTRUE APPROVAL OF ZONE AND LAND USE CHANGE AS APPROVAL OF SITE PLAN FOR ALPHA TOOL. MOTION BY MR. WADSWORTH, SECONDED BY MR. FULLERTON, TO RECOMMEND TO CITY COUNCIL THE APPROVAL OF ZONE AND LAND USE DESIGNATION CHANGE FROM COR TO CG FOR LOTS SIX AND SEVEN, BLOCK TWO, EDGEWATER PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 25, ST. LUCiE COUNTY, FLORIDA PUBLIC RECORDS, AND ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ROLL CALL VOTE: AYES: MR. WADSWORTH MR. OLTMAN MR. MAHONEY MR. KRULIKOWSKI MR. FULLERTON CHAIRMAN EISENBARTH MOTION CARRIED. ZONING AND LAND USE DESIGNATION CHANGE FROM COR TO CG - U.S. HIGHWAY %1 MOTION BY MR. WADSWORTH, SECONDED BY MR. OLTMAN, TO RECOMMEND TO CITY COUNCIL THE APPROVAL OF ZONE AND LAND USE DESIGNATION CHANGE FROM COR TO CG FOR LOTS 2 AND 3 OF BLOCK 10, LOTS 21 AND 22 OF BLOCK 9 AND THE EAST 100 FEET OF THE ABANDONED 80' ROAD RIGHT OF WAY OF EDGEWATER PARK SUBDIVISION AS PER PLAT RECORDED IN PLAT BOOK 5, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, WHICH IS NOW INDIAN RIVER COUNTY. ROLL CALL VOTE: AYES: MR. WADSWORTH MR. OLTMAN MR. MAHONEY MR. KRULIKOWSKI MR. FULLERTON CHAIRMAN EISENBARTH MOTION CARRIED. RANDY MOSBY SAID HE WOULD MEET WiTH ATTORNEY PALMER AND ON THE LEGAL DESCRIPTION. EXPOUND 3 JULY 24, 1986 PAGE 4 PLANNING AND ZONING COMMISSION MINUTES COMMERCIAL PUD ORDINANCE ATTORNEY PALMER STATED SOME OF THE CHANGES HE HAD MADE ON THE ORDINANCE SUCH AS SETBACKS, LOADING AND UNLOADING RESTRICTIONS, UNDERGROUND UTILITY LINES, OUTWARD APPEARANCE OF LIGHT INDUSTRIES. DISCUSSION FOLLOWED ON PERFORMANCE STANDARDS OF LIGHT INDUSTRIAL DEVELOPMENT IN THE COMMERCIAL PUD, THEN WENT ON TO INCLUDE THE PERCENTAGE OF AREA THIS USE COULD COVER. ATTORNEY PALMER RECOMMENDED NO MORE THAN 50%. MR. WADSWORTH AND MR. OLTMAN AGREED WITH THIS FIGURE BUT THE OTHER MEMBERS FELT A LOWER FIGURE SHOULD BE USED WITH A POSSIBLE CLAUSE OF UP TO 50%. DISCUSSION THEN TOOK PLACE ON THE SETBACKS AND UNDERGROUND UTILITY WIRES. CHAIRMAN EISENBARTH REQUESTED THAT AN AMENDMENT BE ADDED TO 2-A TO READ "SUBJECT TO ALL OTHER PROVISIONS OF THIS PUD ORDINANCE". WORDING WAS RECOMMENDED BY ATTORNEY PALMER. IT WAS DECIDED THAT ATTORNEY PALMER WOULD REWRITE THE ORDINANCE AND BRING IT BACK TO THE COMMISSION AT THE THEIR NEXT MEETING. AFTER SOME DISCUSSION OF PERCENTAGE OF AREA FOR LIGHT INDUSTRIAL USE MOTION WAS MADE BY MR. FULLERTON TO ALLOW 40% LIGHT INDUSTRIAL USE IN THE COMMERCIAL PUD. MOTION DIED FOR LACK OF A SECOND. MOTION BY MR. MAHONEY, SECONDED BY MR. KRULIKOWSKI, TO ALLOW 30% LIGHT INDUSTRIAL USE IN THE COMMERCIAL PUD. ROLL CALL VOTE: AYES: MR. MAHONEY MR. KRULIKOWSKI CHAIRMAN EISENBARTH NAYS: MR. WADSWORTH MR. OLTMAN MR. FULLERTON VOTE TIED. MOTION BY MR. WADSWORTH, SECONDED MR. OLTMAN, TO ALLOW 50% LIGHT INDUSTRIAL USE IN THE COMMERCIAL PUD. ROLL CALL VOTE: AYES: MR. WADSWORTH MR. OLTMAN MR. FULLERTON PLANNING AND ZONING COMMISSION MINUTES JULY24, 1986 PAGE 5 NAYS: MR. MAHONEY MR. KRULIKOWSKI CHAIRMAN EISENBARTH VOTE TIED. FURTHER DISCUSSION TOOK PLACE ON THE MATTER. MOTION BY MR. FULLERTON, SECONDED BY MR. WADSWORTH, TO ALLOW 50% LIGHT INDUSTRIAL USE IN THE COMMERCIAL PUD, SUBJECT TO OTHER CRITERIA OF THE TOTAL DEVELOPABLE LAND AREA. ROLL CALL VOTE: AYES: MR. WADSWORTH MR. OLTMAN MR. MAHONEY MR. FULLERTON CHAIRMAN EISENBARTH NAYS: MR. KRULIKOWSKI MOTION CARRIED. MR. MAHONEY REQUESTED THAT THE WORD INOPERABLE BE CHANGED INOPERATIVE ON THE LAST PAGE. TO IT WAS. DECIDED THAT THE MINIMUM SETBACKS WOULD BE 40 FF~ET ORDINANCES AGENDA ITEMS FOR THE NEXT MEETING. RECESS WAS CALLED AT 8:35 P.M. MEETING WAS RECALLED AT 8:45 P.M. ALL MEMBERS PRESENT AT ROLL CALL WERE PRESENT. ANTENNA ORDINANCE AFTER DISCUSSION OF THE ORDINANCE THAT WAS WRITTEN AND ATTORNEY PALMER'S RECOMMENDATION NOT TO ENACT AN ANTENNA ORDINANCE, MOTION WAS MADE BY MR. WADSWORTH, SECONDED BY MR. OLTMAN, TO RECOMMEND TO COUNCIL THAT AN ANTENNA ORDINANCE NOT BE ENACTED AT THIS TIME. ROLL CALL VOTE: AYES: MR. WADSWORTH MR. OLTMAN MR. MAHONEY MR. KRUL~KOWSKI MR. FULLERTON NAYS: CHAIRMAN EISENBARTH PLANNING AND ZONING COMMISSION MINUTES JULY 24, 1986 PAGE 6 HOME OCCUPATIONAL LICENSES JIM STAGGS DID NOT APPEAR BEFORE ~ AS WAS DIRECTED IN A MOTION AT THE JULY 10, 1986 MEETING, AND THERE WAS SOME SPECULATION THAT HE HAD OPENED AN AUTOMOTIVE REPAIR SHOP IN WABASSO. MOTION BY MR. WADSWORTH, SECONDED BY MR. OLTMAN, TO POSTPONE ACTION ON JIM STAGG'S REQUEST FOR A HOME OCCUPATION LICENSE UNTIL HE CAN APPEAR BEFORE PLANNING AND ZONING. ALL AYES: THE SECRETARY WAS REQUESTED TO CONTACT MR. ON CONTINUANCE OF THIS APPLICATION. STAGG FOR A DECISION KENTUCKY FRIED CHICKEN CHAIRMAN EISENBARTH ANNOUNCED THAT KENTUCKY FRIED CHICKEN WAS REQUESTING APPPOVAL FOR AN ADDITION AND ADDITIONAL PARKING. MR. ROBISON, REPESENTED KENTUCKY FRIED CHICKEN, QUESTIONS FROM COMMISSION MEMBERS. ANSWERED IT WAS DECIDED TO CONSIDER THIS A MAJOR SITE PLAN AND THE APPLICATION FEE TO $350.00. INCREASE MR. FULLERTON STATED THAT THERE WAS RESIDENCY TO THE EAST OF KENTUCKY FRIED CHICKEN AND DISCUSSION TOOK PLACE ON IMPOSING A REQUIRED 90% OPAQUE BARRIER IF THERE IS A HOME THERE. MOTION BY MR. FULLERTON, SECONDED BY MR. WADSWORTH, TO APPROVE THE SITE PLAN FOR KENTUCKY FRIED CHICKEN WITH THE FOLLOWING CONTINGENCIES: 1) THAT ITEMS 1,2 & 10 iN HECTOR FRANCO'S MEMO OF JUNE 16, 1986 ARE MET 2) AN OPAQUE BARRIER IS BUILT IF REQUIRED AFTER INSPECTION AND RECOMMENDATION BY HECTOR FRANCO AND CHAIRMAN EISENBARTH. ROLL CALL VOTE: AYES: MR. WADSWORTH MR. OLTMAN MR. MAHONEY MR. KRULIKOWSKI MR. FULLERTON CHAIRMAN EISENBARTH ~QTION_~ARRI~D 6 PLANNING AND ZONING COMMISSION MINUTES JULY 24, 1986 PAGE 7 CHANGE OF USE - BALDANZA HECTOR FRANCO ANNOUNCED THAT THIS ITEM WAS POSTPONED FOR LACK OF INFORMATION. MOTION BY MR. FULLERTON, SECONDED BY MR. WADSWORTH, TO POSTPONE THIS AGENDA ITEM UNTIL THE NEXT MEETING FOR MR. BALDANZA'S APPEARANCE AND EXPLANATION OF INTENT. ALL AYES: SECRETARY WAS ASKED TO CONTACT MR. APPEARANCE AT THE NEXT MEETING. BALDANZA TO REQUEST HIS GUEST HOUSE - HARBER MR. HARBER REQUESTED APPROVAL TO BUILD A 400 SQUARE FOOT GUEST HOUSE ON A VACANT LOT HE OWNED ADJACENT TO HIS HOME. HE SAID HE HAD REQUESTED AN ABANDONMENT OF EASEMENT AT CITY HALL AND WAS TOLD THAT IT WAS NOT POSSIBLE SINCE HE WAS NOT BUILDING OVER THE EASEMENT. ATTORNEY PALMER TOLD MR. HARBER THAT ANY HOUSE ON A RESIDENTIAL LOT MUST BE AT LEAST 900 SQUARE FEET AND THAT THE PLANNING AND ZONING COMMISSION CANNOT WAIVE EXISTING CODES, THAT RULE THAT AN ACCESSORY BUILDING MUST BE ON THE SAME LOT AS THE PRINCIPAL BUILDING. MR. OLTMAN TOLD MR. HARBER THAT ABANDONING THE EASEMENT DOES NOT TAKE AWAY THE IDENTIFICATION OF THE EXISTING LOTS. ATTORNEY PALMER STATED THAT THE ONLY POSSIBLE WAY TO COMBINE THE LOTS WAS TO GO THROUGH A REPLATTiNG OF THE ENTIRE BLOCK. CHAIRMAN EISENBARTH REQUESTED THAT SECRETARY GET ALL APPLICATIONS ON FILE FOR PLANNING AND ZONING FROM THE CITY CLERK. ATTORNEY PALMER STATED THAT THERE WERE TWO FULL TIME AND ONE ALTERNATE POSITION OPEN ON THE PLANNING AND ZONING COMMISSION. HE SAID THAT CHAIRMAN EISENBARTH AND MR. MAHONEY'S TERMS HAVE EXPIRED. CHAIRMAN EISENBARTH AND MR. MAHONEY STATED THAT THEY WERE BOTH INTERESTED iN BEING REAPPOINTED. SECRETARY WAS ASKED TO ADVERTISE FOR AN ALTERNATE MEMBER. ALTERNATE MEMBER SELECTION WAS PLACED ON THE AUGUST 7, 1986 AGENDA. PLANNING AND ZONING COMMISSION MINUTES JULY 24, 1986 PAGE 8 NONE · A OENKY!S_ TT_EES NONE. HECTOR FRANCO STATED THAT HE HAD RECEIVED A LETTER FROM THE DER STATING THAT THEY INTEND TO APPROVE A RESTAURANT OVER THE INDIAN RIVER FOR SEMBLER AND SEMBLER AND SAID HE WONDERED WHETHER PLANNING AND ZONING WANTED TO SEND A LETTER TO THE DER WITH THEIR RECOMMENDATIONS OR JUST LET THE DER APPROVE. HE SAID NO MATTER WHAT THE DER APPROVES, SEMBLER AND SEMBLER WILL HAVE TO COME TO PLANNING AND ZONING FOR SITE PLAN. HE SAID THAT THE CITY HAS UNTIL JULY 29TH TO GET A LETTER TO DER. ATTORNEY PALMER STATED THAT THIS TYPE OF STRUCTURE IS NOT ALLOWED IN THE CITY'S CODES. CHARLES SEMBLER AND ATTORNEY PALMER DISCUSSED THE DREDGE AND FILL PERMIT. MR. SEMBLER SAID THERE iS NO PERMIT. ATTORNEY PALMER READ FROM THE DER INTENT TO ISSUE LETTER TO THE CITY STATING THAT THERE WAS TO BE A DREDGE AND FILL PERMIT. ATTORNEY PALMER ADVISED THAT A LETTER BE SENT TO THE APPRISE THEM OF THE CITY'S CODES, STATING THAT THIS STRUCTURE IS NOT ALLOWED. DER TO TYPE OF LARRY GOOD STATED THAT WHEN THIS WAS ORIGINALLY APPLIED FOR THERE WAS NO SUCH CODE. ATTORNEY PALMER STATED THAT THE PROJECT WAS REAPPLIED FOR AFTER THE CODE WAS iN EFFECT. ATTORNEY PALMER WENT ON TO SAY THAT THE ONLY WAY AROUND THE CODE WAS TO HAVE IT AMENDED BY COUNCIL EVEN IF IT IS APPROVED BY DER. ATTORNEY PALMER STATED FOR THE RECORD THAT MR. SEMBLER SHOULD NOT BUY THE PROPERTY IN QUESTION ASSUMING THAT IF HE GETS PERMISSION FROM THE STATE THAT HE WiLL IN TURN GET PERMISSION FROM THE CITY TO BUILD THIS RESTAURANT, BECAUSE PERMISSION FROM THE CITY IS VERY QUESTIONABLE. MOTION BY MR. KRULIKOWSKI, THE MEETING UNTIL 10:10 P.M. ALL AYES: SECONDED BY MR. WADSWORTH, TO EXTEND MOTION BY MR. WADSWORTH, SECONDED BY MR. KRULIKOWSKI, TO SEND A LETTER TO THE DER STATING THAT IN RESPONSE TO THE INTENT TO ISSUE, THE FACT THAT IRRESPECTIVE OF WHETHER OR NOT THIS PERMIT IS GRANTED BY THE DER, THE PRESENT BUILDING CODE OF THE CITY OF SEBASTIAN DOES NOT ALLOW THIS KIND OF STRUCTURE TO BE BUILT OUT 8 PLANNING AND ZONING COMMISSION MINUTES JULY 24, 1986 PAGE 9 OVER THE INDIAN RIVER. CHAIRMAN EISENBARTH STATED THAT HE WAS TERRIBLY OPPOSED TO ANYTHING BEING BUILT OVER THE RIVER. ALL AYES: MQTIQIN_QARRIED MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. FULLERTON, TO ADJOURN. ALL AYES: MQTIQM_QARRIED MEETING WAS ADJOURNED AT 10:07 P.M. V1 L. GENE HARRIS Mayor City of Sebastian POST OFFICE BOX 127 D SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 Hector A. Franco City Engineer PLANNING AND ZONING COMMISSION AGENDA JULY 24, 1986 CALL TO ORDER ROLL CALL ANNOUNCEMENTS PUBLIC HEARING: ZONING AND LAND USE CHANGE FROM COR TO CG OLD SEBASTIAN POST OFFICE PUBLIC HEARING: ZONING AND LAND USE CHANGE FROM COR TO CG U. S. HIGHWAY #1 APPROVE MINUTES REGULAR MEETING JULY 10, 1986 OLD BUSINESS: NEW BUSINESS: CHAIRMANS MATTERS: MEMBERS MATTERS: ATTORNEYS MATTERS: ENGINEERS MATTERS: ADJOURN POST OFFICE ZONING CHANGE U. S. #1 ZONING CHANGE COMMERCIAL PUD INDUSTRIAL PUD ANTENNA ORDINANCE HOME O C C,U P AT Ip~AL .L I CErN S E K F IYC GUEST HOUSE - HARBER NOTE: IF ANY PERSON DECIDES .TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS 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 MADE.