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HomeMy WebLinkAbout08081985 PZPUBLIC HEARING AND REGULAR MEETING PLANNING AND ZONING COMMISSION AUGUST 8, 1985 'MINUTES MEETING CALLED TO ORDER BY CHAIRMAN EISENBARTH AT 7:00 P.M. ROLL CALL: MR. JEWELL THOMPSON MR. ROBERT FULLERTON MR. WILLIAM MAHONEY MR. STANLEY KRULIKOWSKI MR. JAMES WADSWORTH MRS. EDRA YOUNG CHAIRMAN HAROLD EISENBARTH ALSO PRESENT: MR. RANDY MOSBY, CONSULTING ENGINEER. CHAIRMAN EISENBARTH OPENED THE PUBLIC HEARING AT 7:01 P.M. ON AN APPLICATION TO CHANGE THE COMPREHENSIVE LAND USE PLAN/MAP FROM COUNTY AGRICULTURE TO CG, ALL THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST/MILLER. MR. DALE SORENSON WAS IN ATTENDANCE, AND WAS REPRESENTING MR. ROLAND MILLER ON THIS REQUEST. MR. SORENSON STATED THAT HE WAS NOT AWARE OF THE EXACT USE MR. MILLER HAD IN MIND FOR THIS PARCEL OF LAND, IF THE REQUEST WAS APPROVED. MR. SORENSON ALSO STATED THAT HE WOULD ASSUME THE PROPOSED USE WOULD BE CONSISTENT WITH WHAT IS NOW LOCATED ON C.R. 512. THE SECRETARY OF THE PLANNING AND ZONING COMMISSION WAS REQUESTED TO READ INTO THE RECORD, THE NAMES OFRESIDENTS WHO SENT IN IETIERS OF OBJECTION,. NAMESARE AS FOLLOWS: EDWARD AND BARBARA ROSTINE EDWARD AND HELEN BRANT THOMAS AND RUTH ESTES JOSEPH AND EUNICE VANGILE HAROLD BISHOP AND EDNA BINNALL MR. GALLENTINE MR. CLIFF MCCOOL, RESIDENT OF ORANGE HEIGHTS, WAS CONCERNED THAT THE PROPOSED USE WOULD PLACE A THRU-WAYTHROUGH THE SUB-DIVISION OF ORANGE HEIGHTS. MR. MCCOOL RE- QUESTED THAT THE PUBLIC BE LET AWARE OF JUST WHAT WAS PROPOSED TO BE ON THE PROPERTY, IF THE REQUEST WAS APPROVED. MR. SORENSON AGAIN STATED THAT HE COULD NOT ANSWER THAT QUESTION, BUT ASSUMES THAT IT WILL BE CONSISTENT WITH WHAT IS NOW LOCATED ON C.R. 512. CHAIRMAN EISENBARTH QUESTIONED WHY THE REQUEST WAS FOR C-2 AND NOT CL. MR. SORENSON STATED HE COULD NOT ANSWER THAT. THERE BEING NO OTHER COMMENTS FROM THE PUBLIC, CHAIRMAN EISENBARTH CLOSED THE PUBLIC HEARING AT 7:11 P.M. MINUTES: PAGE 2 HEARING AND REGULAR AUGUST 8, 1985 CHARIMAN EISENBARTH OPENED THE PUBLIC HEARING AT 7:11 P.M. ON AN APPLICATION TO RE-ZONE FROM COUNTY AGRICULTURE TO C-2, ALL THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST/MILLER. THERE WAS SOME CONCERN,FROM THE MEMBERS OF THE COMMISSION, EXACTLY WHERE THIS PARCEL OF LAND IS LOCATED. MR. WILLIAM WODTKE, COUNTY COMMISSIONER, EXPLAINED EXACTLY WHERE THE PARCEL OF LAND IS LOCATED. THERE BEING NO OTHER COMMENTS FROM THE PUBLIC, CHAIRMAN EISENBARTH CLOSED THE PUBLIC HEARING AT 7:19 P.M. CHAIRMAN EISENBARTH OPENED THE PUBLIC HEARING AT 7:19 P.M. ON AN APPLICATION TO CHANGE THE COMPREHENSIVE LAND USE PLAN/MAP FROM COUNTY AGRICULTURE TO CL, PARCEL NO. 1, THE EAST 197.0' OF THE NORTHWEST 1/4 OF NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING NORTH OF THE NORTH RIGHT-OF-WAY OF THE TRANS FLORIDA CENTRAL RAILROAD. PARCEL NO. 2, ALL THAT PART OF THE NORTHEAST 1/4 OF NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING NORTH OF THE NORTH RIGHT-OF-WAY OF THE TRANS FLORIDA CENTRAL RAILROAD/MILLER. MR. DALE SORENSON, AGAIN REPRESENTED MR. ROLAND MILLER ON THIS PARTICULAR REQUEST. MR. SORENSON STATED THAT HIS UNDERSTANDING FROM MR. MILLER IS, HEIS PRESENTLY WORKING WITH A BANK, FOR A POSSIBLE BANK LOCATION ON THIS SITE. CHAIRMAN EISENBARTH QUESTIONED WHETHER OR NOT THERE WAS A RIGHT-OF-WAY TO ENTER THIS PARCEL OF LAND. MR. SORENSON STATED THAT HE COULD NOT ANSWER THATQUESTION FOR SURE, BUT HE WOULD ASSUME THAT MR. MILLER DID HAVE A RIGHT-OF-WAY ON TO THE PARCEL OF LAND. MR. FULLERTON STATED THAT THE COMMISSION HAS NOT BEEN GIVEN FULL INFORMATION ON THIS PROPERTY, AND THAT IT APPEARS THAT MR. SORENSON DID NOT HAVE ALL THE ANSWERS. MR. SORENSON STATED THAT HE DID NOT HAVE ALL THE ANSWERS TO THE COMMISSIONS' QUESTION~. MR. MOSBY STATED THAT AS OF RIGHT NOW, AS THE PROPERTY EXISTS, THE ONLY ACCESS TO THE PROPERTY IS THROUGH ORANGE HEIGHTS. THE PROPERTY ON THE SOUTH ABUTS THE ABANDONED RAILROAD RIGHT-OF-WAY. MR. MOSBY ALSO STATED THAT WHEN MR. MILLER FIRST ADDRESSED THE COMMISSION, HE INDICATED THATTHE COUNTY HAD GIVEN HIM AN AGREEMENT THAT HE COULD CROSS THE COUNTY'S RIGHT-OF-WAY TO GET TO HISPROPERTY. MR. MOSBY STATEDTHAT HE BELIEVES THAT AT THE END OF THATPARTICULAR MEETING, IT WAS REQUESTED THAT MR. MILLER PRODUCE, PRIOR TO THE PUBLIC HEARING, THAT AGREEMENT THAT HE HAS WITH THE COUNTY~ MR. MOSBY STATED THAT HE HAS NOT SEEN THE DOCUMENTATION OF THAT. mR. SORENSON STATED THAT HE DID NOT HAVE ANYTHING IN WRITING, BUT THAT MR. MILLER HAD MENTIONED TO HIM, THAT HE, MR. MILLER, WOULD BE ABLE TO HAVE ACCESS TO THE PROPERTY, THROUGH THE RAILROAD RIGHT-OF-WAY. MR. WADSWORTH QUESTIONED MR. SORENSON ON THE FACT THAT IF MR. MILLER DOES NOT HAVE THIS AGREEMENT WITH THE COUNTY, THEN ALL THE TRAFFIC WOULD BE GOING THROUGH ORANGE HEIGHTS. MR. SORENSON STATED HE COULD NOT ANSWER THAT QUESTION, BUT MR. MILLER HAD INDICATED TO HIM, THAT HE, MR. MILLER, WOULD ENTER HIS PROPERTY THROUGH THE RAILROAD RIGHT-OF- WAY. MINUTES: PAGE 3 HEARING AND REGULAR MEETING AUGUST 8, 1985 MR. CLIFF MCCOOL, RESIDENT OF ORANGE HEIGHTS, STATED THAT THiS WAS THE SURROUNDING PROPERTY OWNERS' CONCERN, SHOULD THERE NOT BE AN AGREEMENT BETWEEN THE COUNTY AND MR. MILLER FOR THE USE OF THE RAILROAD RIGHT-OF-WAY. MRS. BARBARA ROSTINE, RESIDENT OF ORANGE HEIGHTS, STATED THAT SHE IS AGAINST ANY ADDITIONAL TRAFFIC BEING ROUTED THROUGH THEIR DEVELOPMENT. MR. WILLIAM WODTKE, COUNTY COMMISSIONER, STATED THAT HE IS NOT REPRESENTING MR. MILLER, HOWEVER, BEING ON THE COUNTY COMMISSION AND BEING INVOLVED WITH MR. MILLER WITH THE PURCHASING OF THE RAILROAD RIGHT-OF-WAY, HE WOULD LIKE TO STATE THAT THE COMMISSION CAN BE ASSURED THAT MR. MILLER, IN HIS AGREEMENT TO SELL THE RAILROAD RIGHT-OF-WAY TO THE COUNTY, FOR A ROAD, HAS AN AGREEMENT THAT HE CAN ACCESS HIS PROPERTY ON EITHER SIDE OF THAT RAILROAD RIGHT-OF-WAY. MR. MOSBY QUESTIONED MR. WODTKE THAT IT IS THE UNDERSTANDING THAT THE COUNTY DOES HAVE AN.AGREEMENT WITH MR. MILLER THAT HE CAN HAVE AN ACCESS OFF,OF C.R. 512 THROUGH HIS PROPERTY TO THE LARGER PARCEL. MR. WODTKE STATED THAT AS FAR AS HE WAS CONCERNED, THE RAILROAD RIGHT-OF-WAY THE COUNTY PURCHASED FOR A ROAD RIGHT-OF-WAY, AND THE FACT THAT MR. MILLER TOOK TWO {2) PARCELS OF LAND, AND OWNING THE RAILROAD RIGHT-OF-WAY IN THE MIDDLE, HE IS SURE THAT MR. MILLER, IN HIS AGREEMENT, AND MR. WODTKE CAN NOT STATE FOR SURE THE EXACT WORDAGE, WOULD NOT HAVE, NOR WOULD THE COUNTY BE LEGALLY ALLOWED TO LANDLOCK SOMEONE FROM GETTING TO THEIR PROPERTY. MR. WODTKE STATED THAT MR. MILLER OWNS THE PARCEL IN THE FRONT, AND THE PARCEL ON THE OTHER SIDE, CERTAINLY HE IS LEGALLY ENTITLED TO ACCESS HIS PROPERTY. MR. MOSBY STATED THAT NEITHER PARCELS ARE LANDLOCKED, BECAUSE MR. MILLER WOULD HAVE ACCESS FROM THE NORTH, BUT MR. MOSBY STATED THAT HIS QUESTION IS THAT IF THE COUNTY PLANS TO RELOCATE C.R. 512, WOULD THIS RIGHT-OF-WAY FALL THROUGH, ALSO IF MR. MILLER INTENDS TO DEVELOP THIS PROPERTY THEN HE WOULD NEED PERNAMENT ACCESS THROUGH PUBLIC RIGHT-OF-WAY. MR. MOSBY ASKED MR. WODTKE IF THAT WOULD BE LEGAL? MR. WODTKE STATED CERTAINLEY, BUT HE IS NOT AN ATTORNEY. DR. HENRY FISCHER, MEMBER OF THE PUBLIC,.STATED THAT A GROUP OF BUSINESSMEN HAVE MET WITH THE COUNTY ADMINISTRATOR, MR. WRIGHT, OVER THE PROPOSED CHANGES IN C.R. 512, AND MR~ WRIGHT WAS VERY FRANK IN THE MOVEMENT OF C.R. 512, IT IS NOT SET IN STONE, BUT IT APPEARS THAT THE FINANCIAL STUDIES ON THE COST OF RELOCATING C.R. 512 HAVE NOTLBEEN ANALYZED. THERE BEING NO OTHER COMMENTS FROM THE PUBLIC, CHAIRMAN EISENBARTH CLOSED THE PUBLIC HEARING AT 7:44 P.M. CHAIRMANEISENBARTH OPENED THE PUBLIC HEARING AT 7:44 P.M. ON AN APPLICATION TO RE- ZONE FROM R-1 TO C-i, PARCEL NO. 1, THE EAST 197.0' OF THE NORTHWEST 1/4 OF NORTH- WEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING NORTH OF THE NORTH RIGHT- OF-WAY OF THE TRANS FLORIDA CENTRAL RAILROAD. PARCEL NO. 2, ALL THAT PART OF THE NORTHEAST 1/4 OF NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING NORTH OF THE NORTH RIGHT-OF-WAY OF THE TRANS FLORIDA CENTRAL RAILROAD/MILLER. THERE BEING NO COMMENTS FROM THE PUBLIC, CHAIRMAN EISENBARTH CLOSED THE PUBLIC HEARING AT 7:45 P.M. MINUTES: PAGE 4 HEARING AND REGULAR AUGUST 8, 1985 CHAIRMAN EISENBARTH OPENED THE PUBLICHEARING AT 7:45 P.M. ON AN APPLICATION TO CHANGE THE COMPREHENSIVE LAND USE PLAN/MAP FROM MD TO COP, THE WEST 291 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 209 FEET AND LESS THE SOUTH 534.5 FEET THEREOF, IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA/SKILLMAN. MR. ROGER SKILLMAN JR. WAS PRESENT AND ADDRESSED THE COMMISSION ON THIS REQUEST. IT WAS STATED THAT A LETTER WAS RECEIVED FROM FLORIDA POWER AND LIGHT, AS ONE OF THE SURROUNDING PROPERTY OWNERS, STATING THAT THEY DO NOT OBJECT TO THIS CHANGE IN THE COMPREHENSIVE LAND USE PLAN/MAP. MR. SKILLMAN STATED THAT BASICALLY WHAT HE IS TRYING TO DO, IS TO RE-CAPTURE SOME OF THE VALUE OF THE PROPERTY THAT WAS GIVEN TO THE CITY BY MR ROGER SKILLMAN SR. THERE WAS CONSIDERABLE DISCUSSION HELD REGARDING AN EASEMENT, ON THISPARCEL, GIVEN TO FLORIDA POWER AND LIGHT. THERE BEING NO OTHER COMMENTS FROM THE PUBLIC, CHAIRMAN EISENBARTH CLOSED THE PUBLIC HEARING AT 7:55 P.M. CHAIRMAN EISENBARTH OPENED THE PUBLIC HEARING AT 7:55 P.M. ON AN APPLICATION TO RE- ZONE FROM R-2 TO C-l, THE WEST 291 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 209 FEET AND LESS THE SOUTH 534.5 FEET THEREOF, IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST. SAID LAND LYING AND BEING IN INDIANRIVER COUNTY, FLORIDA/ SKILLMAN. THERE BEING NO COMMENTS FROM THE PUBLIC, CHAIRMAN EISENBARTH CLOSED THE PUBLIC HEARING AT 7:55 P.M. CHAIRMAN EISENBARTH OPENED THE PUBLIC HEARING AT 7:56 P.M. ON AN APPLICATION TO CHANGE THE COMPREHENSIVE LAND USE PLAN/MAP FROM COUNTY AGRICULTURE TO CG, BEGIN AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN SOUTH 209 FEET TO A POINT, THENCE RUN EAST 291 FEET TO A POINT, THENCE RUN NORTH 209 FEET TO A POINT, THENCE RUN WEST 291 FEET TO THE POINT OF BEGINNING, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA/SKILLMAN. MR. ROGER SKILLMAN LOCATED THIS PARTICULAR PARCEL OF LAND ON THE MAP FOR THE COMMISSION. MR. SKILLMAN STATED THAT THIS PARCEL OF LAND WAS RECENTLY ANNEXED IN TO THE CITY. THERE WAS CONSIDERABLE DISCUSSION REGARDING THE POSSIBLE WIDING OF POWER LINE ROAD TO CONNECT MAIN STREET AND C.R. 512. THERE BEING OTHER COMMENTS FROM THE PUBLIC, CHAIRMANEISENBARTH CLOSED THE PUBLIC HEARING AT 8:05 P.M. CHAIRMAN EISENBARTH OPENED THE PUBLIC HEARING AT 8~0~ P.M. ON AN APPLICATION TO RE- ZONE FROM COUNTY AGRICULTURE TO C-2, BEGIN AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN SOUTH 209 FEET TO A POINT, THENCE RUN EAST 291 FEET TO A POINT, THENCE RUN NORTH 209 FEET TO A POINT, THENCE RUN WEST 291 FEET TO THE POINT OF BEGINNING, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA/SKILLMAN. MINUTES: PAGE 5 HEARING AND REGULAR MEETING AUGUST 8, 1985 MR. SKILLMAN ADDRESSED THE COMMISSION BRIEFLY ON THIS REQUEST. THERE BEING NO COMMENTS FROM THE PUBLIC, CHAIRMAN EISENBARTH CLOSED THE PUBLIC HEARING AT 8:05 P.M. CHAIRMAN EISENBARTH CALLED THE REGULAR PLANNING AND ZONING COMMISSION MEETING TO ORDER AT 8:06 P.M. ALL MEMBERS WERE PRESENT. OLD BUSINESS: MOTION BY MRS. YOUNG, SECONIED" BY MR. WADSWORTH, TO RECOMMEND TO CITY COUNCIL TO TABLE THIS REQUEST UNTIL THE RE-LOCATION OF C.R. 512 IS KNOWN. ROLL CALL VOTE: AYES: MR. FULLERTON MR. WADSWORTH MRS. YOUNG NAYS: MR. THOMPSON MR. MAHONEY' MR. KRULIKOWSKI CHAIRMANEISENBARTH MOTION NOT CARRIED. MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE REQUEST TO CHANGE THE COMPREHENSIVE LAND USE PLAN/MAP FROM COUNTY AGRI- CULTURE TO CG, ALL THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SUBMITTED BY MR. ROLAND MILLER. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI CHAIRMAN EISENBARTH NAYS: MR. WADSWORTH MRS. YOUNG MOTION CARRIED. MOTION BY MR. THOMPSON, SECONDED BYMR. KRULIKOWSKI, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE REQUEST TO RE-ZONE FROM COUNTY AGRICULTURE TO C-2, ALL THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SUBMITTED BY MR. ROLAND MILLER. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI CHAIRMAN EISENBARTH NAYS: MR. WADSWORTH MRS. YOUNG MOTION CARRIED. MINUTES: PAGE 6 HEARING AND REGULAR MEETING AUGUST 8, 1985 MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. WADSWORTH, TO RECOMMEND TO CITYCOUNCIL TO DENY THE REQUEST FOR A CHANGE IN THE COMPREHENSIVE LAND USE PLAN/MAP FROM COUNTY AGRICULTURE TO CL, PARCEL NO. 1, THE EAST 197.0' OF THE NORTHWEST 1/4 OF NORTHWEST 1/4 SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING NORTH OF THE NORTH RIGHT-OF- WAY OF THE TRANS FLROIDA CENTRAL RAILROAD. PARCEL NO. 2, ALL THAT POART OF THE NORTHEAST 1/4 OF NORTHWEST 1/4, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING NORTH OF THE NORTH RIGHT-OF-WAY OF THE TRANSFLORIDA CENTRAL RAILROAD, SUBMITTED BY MR. ROLAND MILLER,,AND TO INCLUDE MR. RANDY MOSBY'S LETTER (ATTACHED) AND LETTERS OF OBJECTION FROM THE SURROUNDING PROPERTY OWNERS (ATTACHED). ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR.. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. MOTION BY MR. THOMPSON, SECONDED BY MR. FULLERTON, TO RECOMMEND TO CITYCOUNCIL TO DENY THE REQUEST TO RE-ZONE FROM R~i TO C-l, PARCEL NO. 1, THE EAST 197.0' OF THE NORTHWEST 1/4 OF NORTHWEST 1/4 SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING NORTH OF THE NORTH RIGHT-OF-WAY OF THE TRANS FLORIDA CENTRAL RAILROAD. PARCEL NO. 2, ALL THAT PART OF THE NORTHEAST 1/4 OF NORTHWEST 1/4, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING NORTH OF THE NORTH RIGHTLOF-WAY OF THE TRANS FLORIDA CENTRAL RAILROAD, SUBMITTED BY MR. ROLAND MILLER, AND TO INCLUD MR. RANDY MOSBY'S LETTER (ATTACHED) AND LETTERS OF OBJECTION FROM THE SURROUNDING PROPERTY OWNERS (ATTACHED]. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. MOTION BY MR. WADSWORTH, SECONDED BY MRS. YOUNG, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE REQUEST TO CHANGE THE COMPREHENSIVE LAND USE PLAN/MAP FROM MD TO COR, THE WEST 291 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 209 FEET AND LESS THE SOUTH 534.5 FEET THEREOF, IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SUBMITTED BY MR. ROGER SKILLMAN. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. MINUTES: PAGE 7 HEARING AND REGULAR AUGUST 8, 1985 MOTION BY MR. WADSWORTH, SECONDED BY MR. KRULIKOWSKI, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE REQUEST TO RE-ZONE FROM R-2 TO C-l, THE WEST 291 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 209 FEET AND LESS THE SOUTH 534.5 FEET THERE- OF, IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SUBMITTED BY MR. ROGER SKILLMAN. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. FULLERTON, TO RECOMMEND TOCITY COUNCIL TO APPROVE THE REQUEST TO CHANGE THE COMPREHENSIVE LAND USE PLAN/MAP FROM COUNTY AGRICULTURE TO CG, BEGIN AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN SOUTH 209 FEET TO A POINT, THENCE RUN EAST 291 FEET TO A POINT, THENCE RUN NORTH 209 FEET TO A POINT, THENCE RUN WEST 291 FEET TO THE POINT OF BEGINNING, SUBMITTED BY MR. ROGER SKILLMAN. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. MOTION BY MR. WADSWORTH, SECONDED BY MR. FULLERTON , TO RECOMMEND TO CITY COUNCIL TO APPROVE THE REQUEST TO RE-ZONE FROM COUNTY AGRICULTURE TO C-2, BEGIN AT THE NORTH- WEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN SOUTH 209 FEET TO A POINT, THENCE RUN EAST 291 FEET TO A POINT, THENCE RUN NORTH 209 FEET TO A POINT, THENCE RUN WEST 291 FEET TO THE POINT OF BEGINNING, SUBMITTED BY MR. ROGER SKILLMAN. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. MOTION BY MR. FULLERTON, SECONDED BY MR. KRULIKOWSKI, TO RECESS.AT 8:50 P.'M~ FORU~IVE (5) MINUTES. MOTION CARRIED. MINUTES: PAGE 8 YBLIC HEARING AND REGULAR AUGUST 8, 1985 CHAIRMAN EISENBARTH CALLED THE MEETING BACK TO ORDER AT 8:55 P.M. ALL MEMBERS WERE PRESENT. MOTION BY MR. FULLERTON, SECONDED BY MR. WADSWORTH, TO APPROVE THE MINUTES OF THE JULY 25, 1985, MEETING. MOTION CARRIED. FATHER & SON PLAZA: MR. STEVEN PHILIPSON REQUESTED THAT THIS REQUEST BE ON THE AUGUST 22, 1985, PLANNING AND ZONING MEETING. DISCUSSION RE: ARTICLE X - SITE PLAN RE'VIEW - 202-9: THERE WAS A LENGTHY DISCUSSION REGARDING ARTICLE X - 202-9. MOTION BY MR. THOMPSON, THAT CHAIRMAN EISENBARTH PREPARE A LETTER AND SUBMIT IT TO THE PLANNING AND ZONING SECRETARY ON FRIDAY, AUGUST 9, 1985, SO THAT IT COULD BE PREPARED FOR THE CITY COUNCIL'S AUGUST 14, 1985, MEETING. MOTION DIED - LACK OF SECOND. THE COMMISSION MADE THE FOLLOWING SUGGESTIONS, TO BE PUT IN TO LETTER FORM AND SENT TO THE CITY COUNCIL. THAT SECTION 20A-lO.1 - B. REVIEW OF MINOR SITE PLANS. 1 (b) BE AMENDED TO READ AS FOLLOWS: NON-RESIDENTIAL PROJECTS CONTAINING LESS THAN FIVE THOUSAND (5,000) SQUARE FEET OF NEW IMPERVIOUS SURFACE AREA. SECTION 20A-lO.1 - B. REVIEW OF MINOR SITE PLANS. 3 - MINOR SITE PLAN REVIEW PROCEDURES. STRIKE ALL OF PARAGRAPH 3. INSERT TO READ - MINOR SITE PLAN REVIEW PROCEDURES - ALL MINOR SITE PLANS WILL REQUIRE REVIEW AND APPROVAL BYTHE PLANNING AND ZONING COMMISSION, FOLLOWING REVIEW BY THE BUILDING OFFICIAL AND CITY ENGINEER. MOTION BY MR. MAHONEY, SECONDED BY MR. KRULIKOWSKI, TO SEND THE ABOVE MENTIONED SUGGESTIONS, IN LETTER FORM, TO THE CITY COUNCIL. MOTION CARRIED. DISCUSSION RE: ANTENNA ORDINANCE AND PLANNING AND ZONING REVIEWING ALL STRUCTURES INCLUDING RESIDENTIAL, PRIOR TO PERMITTING: BOTH DISCUSSIONS WERE POSTPONED UNTIL THE AUGUST 22, 1985, MEETING. CHAIRMAN'S MATTERS: DISCUSSION RE: CONSULTING ENGINEER - FISCAL YEAR 1985-1986: CHAIRMAN EISENBARTH STATED THAT THE COMMISSION IS IN RECEIPT OF A MEMO FROM THE MAYOR, STATING WHAT STEPS WERE GOING TO BE TAKEN REGARDING A CONSULTING ENGINEER FOR THE FISCAL YEAR 1985-1986. DISCUSSION RE: REQUESTING CONSULTING ENGINEER AND CITY ATTORNEY TO ATTEND MEETINGS: MOTION BY MRS. YOUNG, SECONDED BY MR. MAHONEY, THAT THE ATTORNEY AND ENGINEER ATTEND ALL PLANNING AND ZONING MEETINGS. MOTION CARRIED. MINUTES: PAGE 9 HEARING AND REGULAR AUGUST 8, 1985 DISCUSSION RE: FINANCIAL REPORT - APRIL THROUGH JUNE 30, 1985: CHAIRMAN EISENBARTH STATED THAT THE COMMISSION WAS IN RECEIPT OF AMEMO FROM CITY CLERK, DEBORAH C. KRAGES, ANSWERING HIS QUESTIONS TO THE APPROPRIATION OF CERTAIN FUNDS. CHAIRMAN EISENBARTH STATED THAT THE COMMISSION WAS IN RECEIPT OF THE BUDGET FOR THE PLANNING AND ZONING COMMISSION F~THE 1985-1986 FISCAL YEAR. DISCUSSION WAS HELD ON THE RE-ROUTING OF C.R. 512. MOTION BY MR. WADSWORTH, SECONDED BY MRS. YOUNG, TO REQUEST THE COUNTY COMMISSION TO CONDUCT AN ECONOMIC STUDY ON ALL THE PROPOSED AND ALTERNATE METHODS THAT ARE CONCEP- TUALLY PROPOSED ON C.R. 512 RE-LOCATION. MR. WADSWORTH AMENDED HIS MOTION TO SEND THE LETTER TO CITY COUNCIL RATHER THAN THE COUNTY COMMISSIONERS. MRS. YOUNG AMENDED HER SECOND. CHAIRMAN EISENBARTH STATED THAT HE HAS DRAFTED A LETTER REGARDING THIS SUBJECT AND WILL GIVE ITTO THE PLANNING AND ZONING SECRETARY TO DISTRIBUTE IN THE NEXT MEETING'S PACKETS. (MR. THOMPSON VOTED NAY) MOTION CARRIED. MOTION BY MR. THOMPSON, SECONDED BY MR. FULLERTON, TO APPROVE PAYMENT OF $285.12, TO THE VERO BEACH PRESS JOURNAL, FOR LEGAL ADVERTISING. MOTION CARRIED. MOTION BY MR. FULLERTON, SECONDED BY MRS. YOUNG, TO APPROVE PAYMENT OF $24.48, TO THE SEBASTIAN BUSINESS SUPPLY, FOR OFFICE SUPPLIES. MOTION CARRIED. MOTION BY MRS. YOUNG, SECONDED BY MR. KRULIKOWSKI, THAT ALL WRITTEN MATERIAL, FOR EACH APPLICATION, SHALL BE IN THE HANDS OF THE PLANNING AND ZONING MEMBERS, FOR ONE WEEK, BEFORE IT IS MADE AN AGENDA ITEM. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO EXTEND THE PLANNING AND ZONING COMMISSION'S DEADLINE FOR SUBMITTAL FOUR (4) WEEKS BEFORE IT IS TO PLACED ON THE AGENDA. MR. THOMPSON AMENDED HIS MOTION TO INCLUDE, ANY NEW APPLICATIONS. MR. KRULIKOWSKI AMENDED HIS SECOND. MOTION CARRIED. MINUTES: PAGE 10 HEARING AND REGULAR AUGUST 8, 1985 MEMBER'S MATTERS: NO DISCUSSION.HELD. ATTORNEY'S MATTERS: ATTORNEY PALMER WAS UNABLE TO ATTEND THE MEETING. ENGINEER'S MATTERS: NODISCUSSION HELD. NEW BUSINESS: SITE PLAN APPLICATION - PROPOSED COMMERCIAL SHOPPING PLAZA ' WEITZLER: MR. STEVE MOLER, OF MASTELLER & MOLER ASSOCIATES, INC., WAS IN ATTENDANCE, REPRESENT- ING MR. WEITZLER. MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. THOMPSON, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED. MR. MOSBY REVIEWED HIS COMMENTS REGARDING THIS SITE PLAN APPLICATION. THERE WAS FURTHER DISCUSSION REGARDING THIS APPLICATION. MOTION BY MR. THOMPSON, SECONDED BY MRS. YOUNG, TO DEFER FURTHER ACTION UNTIL THE LAND USE DESIGNATION'S OFFICIAL AMENDMENTS HAVE BEEN ADOPTED OR THE APPLICANT REQUESTS A CHANGE IN THE LAND USE DESIGNATION. MOTION CARRIED. SITE PLAN APPLICATION- PROPOSED PIZZA PARLOR - DEMASO: MR. EARL MASTELLER, OF MASTELLER & MOLER ASSOCIATE, INC., WAS IN ATTENDANCE, REPRE- SENTING MRS. DEMASO. DISCUSSION WAS HELD REGARDING THIS APPLICATION. MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO DEFER FURTHER ACTION UNTIL THE LAND USE DESIGNATION'S OFFICIAL AMENDMENTS HAVE BEEN ADOPTED OR THE APPLICANT REQUESTS A CHANGE IN THE LAND USE DESIGNATION. MOTION CARRIED. SITE PLAN APPLICATION - CALVARY BAPTIST CHURCH - TRACT J, UNIT 17: PASTOR MILLER WAS IN ATTENDANCE, AND ADDRESSED THE COMMISSION ON HIS REQUEST. AFTER A BRIEF DISCUSSION, MR. MOSBY RECOMMENDED APPROVAL OF THE SITE PLAN APPLICATION, AND HAD NO COMMENT ON THE WAIVING OF FEES. MINUTES: PAGE 11 HEARING AND REGULAR AUGUST 8, 1985 SITE PLAN APPLICATION - CALVARY BAPTIST CHURCH - TRACT J~ UNIT 17,'(CONTINUED): MOTION BY MR. FULLERTON, SEOONDED BY MR. THOMPSON, TO APPROVE W~IVING'THE SITE PLAN APPLICATION FEES, AND APPROVE THE MINOR MODIFICATION TO THE SITE PLAN. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. MOTION BY MR. WADSWORTH, SECONDED BY MR. THOMPSON, TO,EXTEND THE MEETING AN ADDITIONAL FIFTEEN (15) MINUTES, UNTIL 10:45 P.M. MOTION CARRIED. MODEL HOME PERMIT - KRULIKOWSKI: MR. KRULIKOWSKI STATED BASED ON THE FACT THAT HE IS A PRINCIPAL IN THIS FIRM, HE WOULD REQUEST TO BE EXCUSED FROM THE TABLE. MRS. KRULIKOWSKI, INLET HOMES, ADDRESSED THE COMMISSION ON THIS REQUEST. MOTION BY MR,.WADSWORTH, SECONDED BY MR. FULLERTON TO RECOMMEND'TO CITY COUNCILTO APPROVE. THIS MODEL HOME PERMIT REQUEST. MOTION CARRIED. CONSULTATION WITH PLANNING AND ZONING - MODELING AGENCY - FEY: MS. BONNIE FEY. WAS IN ATTENDANCE AND REQUESTED THE COMMISSION'S FEELINGS ON WHAT SHE PROPOSED TO DO WITH THE EXISTING BUILDING. MS. FEY STATED THAT THE ENTIRE BUILDING CONSISTED OF 1200 SQUARE FEET. THERE WAS CONCERN REGARDING THAT IF THE PROPOSEDE~AND'~DEVELOPMENT CODE IS ADOPTED BEFORE MS. FEY RECEIVED SITE PLAN APPROVAL, WOULD SHE STILL BE PERMITTED TO LIVE IN THE REAR OF THE BUILDING. MR~ MOSBY STATED, THAT IF MS. FEY COULD SUBMIT HER SITE PLAN APPLICATION AND PLANS TO CITY HALL BY THE 12:00 NOON DEADLINE, FRIDAY, AUGUST 9, 1985, THEN HER REQUEST COULD BE HEARD IN FOUR (4) WEEKS. MR. MOSBY STATED THAT MR. LES SOLIN COULD GIVE MS. FEY AN INTERPERTATION OF WHAT IS PERMITTED UNDER CL. CHAIRMAN EISENBARTH STATED THAT THIS/~WAS ONLY A CONSULTATION, AND NO APPROVALS HAVE BEEN GIVEN. MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI,. TO EXTEND THE MEETING AN ADDITIONAL FIFTEEN (15) MINUTES, UNTIL 11:00 P.M. MOTION CARRIED. MINUTES: PAGE 12 HEARING AND REGULAR AUGUST 8, 1985 THE COMMISSION REVIEWED THE THREE APPLICATIONS FOR THE VACANCY OF AN ALTERNATE MEMBER OF THE PLANNING AND ZONING COMMISSION. MOTION BY MR. WADSWORTH, SECONDED BY MR. THOMPSON, TO RECOMMEND TO CITY COUNCIL TO ELECT MR. NEUBURGER AS THE ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION. ROLL CALL VOTE: AYES: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH MRS. YOUNG CHAIRMAN EISENBARTH NASY: NONE MOTION CARRIED. MOTION BY MR. THOMPSON TO ADJOURN THE MEETING. MEETING ADJOURNED AT 10:55 P.M. WHO MU.ST ~,L~E PrOliM 4 Th,. form ts for uae by any person .servt~-on either an appointed or elected board, councd, conunt~ton, authority, or comnmtae~ whether state or local, and it &~'tq~Jdly·to members ofndvbory and non4dvtSory bodies who sro fa~d with., As the votins conflict roquimtrmnt&for public office's at the.loc, al l~"vd diffm- from the naluil~m~nts.f~r ~ into two parts: PART A is for use by persons servin~ on local boards {mkmicjpal, e, ou.nty, specild tax~, q~t~,), whim PART prescribed for MI Nlm' boards, i.e,, thOse it the' state level. PART C of the form contains instructions ,,s to when and where this form must he filed. '~ PART A VOTING CONPUCT i~O~1[:. IK~ LOCAL IIUBLIC Ol~lqCiEtlt~ - [Required by Section 112.3143(3), Florida Statutes (Supp. Thc Code of Ethics for Public Officers and Employee~ PROHIBITS each municlpol, county, and other Iocalpub~c o2~c#r FROM VOTINO in an official capacity up.on any measure which inures to his special private ~ain. E~h local offu~r &ho is prohibited from knowingly votin8 in his official capacity upon any measure which inurss to the ipedal lain of stay prinGipll (Oth4r tb&fl & ilQVerlltflMllM apn~y as defined in S4mtion 112.31~2), Florida Statutes) by whom he is maimed. In any such ~ a local public offic.0r must disclose the conflict: (a) PRIOR TO THE VOTE BEINO TAKEN by Pubticiy stating'to the ~mbly the nature of his is~t~r~t in tl~ mttm' alataini~ from voting; (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describins the nature of his interest as I public r~ord in this part below. NOTE: Commissioners of a Community Redevelopment ABency creamd o~r desiBnated pursuant to Section 163.3~6 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acr~, eno,yom b~isltm not prohibited from votinll. In such ca~'s, however, the omi and written disetusum of this part must he rondo.' I, the undersil~ned local public off-toff, hereby disclose that on ~' ~ q~' * ' (a) I al~tained from votinli on a nmtter which (chock ong): ./~ninured to my special privat~ lptin; or ·, ~ inured to the special Bain of ~_~, by whom I am r~tainod, CE FORM 4 - REv. lO.~4 PAGiI: I (b) Thc measure on which I abstail~and the nature'Of my interest in the measure is as follows: Dato Filed Silnature. Plisse 1-- PART C for initruotions on when and whore to flit this form. PART B VOTING GONFLIGT DIIICLOBURIE. FOR STATE OFF!GRi~,, [IKoqt~ by S4(tion 112.3t43(2),. Flori~ S~t~ ($upp, lg~t),] Each state public officer is permitted to vote in his official capacity on any matter. However, any state'officer who votes in his.c~l capacity upon any measure which in#res to his spocial private SItJn or the special Bain of any principal by whom ho is rotajl~ is roq~ld to diiolem0 the nature of his interest as a public reoord in Pitt B below within 15 days after tho vote ~. 1. tho und0rsipod offioor ora m allency, kn'oby dholo,~ that on ~ ............... ~ [ ' 19 ~ ; (a) I voted on a matter which (chock inured to my spooial privato lain; or inured to the special lain of ., by whom ! em rc~ned. (b) The masure on which ! votsd and the rmture.of my interest .in the moasure is alfollows: Date Filed Silpmture Please s~e PART C below for instructions on when and wberc to flit this form. - PART C FILING INSTRUC)TIONS This memorandum must be filed within fifteen (I 5) days followinl the.meetins dttrins which the votins conflict o~curred with the person responsible for recordimt the minutes of the rncetina, who shah incorporate the momorandum in tho n~otins minu;o,. This form sold not be filed merely to indicate the ab~nce of NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317(19S3), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTESOaOUNDS FOR AN BE PUNISHED BY ONE OR MORE OF THE .FOLLOWING; IMPEACHMENT, REMOVAL Oa SUSPEN~SION FaOM Oi~FICE. on EMPL.OYMSI~, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S~QG4L