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HomeMy WebLinkAbout09011994 PZ City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION 'THURSDAYf SEPTEMBER 1, 1994 7:00 P.M. 2. 3. 4. 8. 9. 10. 11. CALL TO ORDER. ROLL CALL. ANNOUNCEMENTS. APPROVAL OF MINUTES: REGULAR MEETING OF AUGUST 11, 1994 REGULAR MEETING OF AUGUST 18, 1994 OLD BUSINESS: PROPOSED PARKING ORDINANCE NEW BUSINESS: HOME OCCUPATIONAL LICENSE - RIVERSIDE IRRIGATION CHAIRMANS MATTERS. MEMBERS MATTERS: ATTORNEYS MATTERS. BUILDING OFFICIAL MATTERS. 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 PLYING AND .~QNING COMMISSION REGULAR MEETING SF~pTEMBER 1,, , 1994 CHAIRMAN THOMPSON OPENED THE MEETING AT 7:02. P.M. ROLL CALL: PRESENT: MR. MUNSART MR. SHROYER CHAIRMAN THOMPSON MRS. BRANTMEYER MR. BARNES MR. FALKE MR. FISCHER ABSENT: MR. SCHULKE, EXCUSED HAROLD GOLDSTEIN, UNEXCUSED ALSO PRESENT: BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT/BUILDING OFFICIAL ANNOUNCEMENTS: CHAIRMAN THOMPSON ANNOUNCED SINCE MR. GOLDSTEIN WAS NOT PRESENT, MRS. BRANTMEYER WILL BE VOTING. CHAIRMAN THOMPSON ANNOUNCED HE APPROVED A MINOR SITE PLAN FOR THE DAVIS HOUSE ON DAVIS STREET FOR A CANVAS CANOPY ON 8/29/94. MR. COOPER STATED THIS WAS A MINOR MODIFICATION NOT A MINOR SITE PLAN. APPROVAL OF MIN~.TES: A MOTION WAS MADE BY MR. BARNES TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 11, 1994 SUBJECT TO THE ADMINISTRATIVE CHANGES MADE. MR. FALKE SECONDED THE MOTION. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. A MOTION WAS MADE BY MR. BARNES TO APPROVE THE MINUTES OF THE REGULARMEETING OF AUGUST 18, 1994 AS ADMINISTRATIVELY CORRECTED. MR. MUNSART SECONDED THE MOTION. MRS. BRANTMEYERAPOLOGIZED FOR BEINGABSENTUNEXCUSED FROM THE LAST MEETING. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. PLANNING AND ZONING COMMISSION PAGE TWO REGULAR MEETING OF SEPTEMBER'1, 1994 MR. COOPER SUGGESTED DISCUSSING THE HOME OCCUPATIONAL LICENSE BEFORE OLD BUSINESS. MR. FALKE MADE A MOTION TO DISCUSS THE HOME OCCUPATIONAL LICENSE BEFORE THE OLD BUSINESS. CHAIRMAN THOMPSON SECONDED THE MOTION. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. NEW BUSINESS,: HOME OCCUPATIONAL LICENSE RIVERSIDE IRRIGATION - 333 BENEDICTINE DRIVE CHAIRMAN THOMPSON OPENED THE PUBLIC HEARING AT 7:11 P.M.. 19 NOTICES WERE SENT, 1 OBJECTION RECEIVED FROM AN OUT-OF-STATE RESIDENT. A COPY OF THE HOME OCCUPATION RULES AND REGULATIONS WERE MAILED TO THAT RESIDENT. THE APPLICANT, DALE BUSHOLD WAS PRESENT. MR. COOPER: ASKED MR. BUSHOLD IF HE WAS FAMILIAR WITH THE ORDINANCE WITH REGARDS TO THE HOME OCCUPATION ANDTHEVEHiCLE ENCLOSED COMPARTMENTS AS FAR AS THE STORAGE OF ANY EQUIPMENT OR MATERIALS. MR. BUSHOLD STATED HE INTENDED TO COMPLY WITH THAT BY TAKING EVERYTHING THAT HAS TO DO WITH THE COMPANY OUT OF THE PICKUP BED AT THE END OF EACH DAY. HE ALSO STATED HE DID NOT PLAN TO CARRY EXCESS AMOUNTS OF PIPE AND HE JUST WANTS TO STICK WITH SERVICE AND MAINTENANCE. STAFF HAS NO OBJECTION. MR. MUNSART ASKED IF MR. BUSHOLD HAS ANY EMPLOYEES. STATED JUST HIMSELF. MR. BUSHOLD MR. FISCHER ASKED IF HE WAS RENTING THE HOUSE. MR. BUSHOLD STATED HIS GIRLFRIEND OWNS IT. MR. FISCHER ALSO ASKED IF HE HAD ANY MATERIALS ON THE OUTSIDE OF THE HOUSE. MR. BUSHOLD STATED ONLY IN THE AREA SPECIFIED ON THE APPLICATION. MR. FALKE ASKED IF MR. BUSHOLD IS LIVING AT THE HOUSE. MR. BUSHOLD STATED YES. CHAIRMAN THOMPSON ASKED IF THISMATERIAL IS FOR SURE GOING TO BE IN THE PICKUP AND THE PICKUP STORED iN GARAGE OR CARPORT OVERNIGHT. MR. BUSHOLD SAID THERE WILL BE NO EQUIPMENT STORED IN THE PICKUP OVERNIGHT. NO PUBLIC INPUT. . . . \ PLANNING AND ZONING COMMISSION REGULAR MEETING OF SEPTEMBER I, 1994 PAGE THREE THE PUBLIC HEARING WAS CLOSED 7:16 P.M.. A MOTION WAS MADE BY MR. BARNES TO APPROVE THE HOME OCCUPATIONAL LICENSE AT 333 BENEDICTINE DRIVE, FLORIDA TO CONDUCT AN IRRIGATION BUSINESS. MR. MUNSART SECONDED THIS MOTION. ROLL CALL WAS TAKEN, 7-0 MOTION CARRIED. OLD BUSINESS: PROPOSED PARKING ORDINANCE MR. COOPER STATED HIS MEMORANDUM DATED APRIL 27, 1994 TO RICHARD TORPY, WHO WAS THE ASSISTANT CITY ATTORNEY AT THAT TIME, OUTLINED THE PROPOSED LANGUAGE FOR PARKING OF VEHICLES ON RESIDENTIAL LAND. MR. TORPY HAS RESPONDED BACK ON A JUNE 8, 1994 LETTER. MR. TORPY WOULD LIKE TO SEE DEFINITIONS PROVIDED FOR VEHICLE AND WHAT AN IMPROVED SURFACE IS. CHAIRMAN THOMPSON ASKED WHERE THIS WOULD BE PUT INTO THE CODE. MR. COOPER SAID RIGHT NOW IT IS SHOWING UNDER 20A-2.7, PAGE 70, UNDER SUPPLEMENT #15, AFTER PROHIBITED USES AND STRUCTURES, GENERALLY. MR. COOPER STATED WE WILL LEAVE IT UP TO THE NEW CITY ATTORNEY TO DETERMINE THE PROPER PLACEMENT. MR. SHROYER ASKED IF ITEM C, "A VEHICLE THAT IS STORED WITHIN AN ENCLOSED GARAGE", SHOULD READ "VEHICLES THAT ARE STORED WITHIN AN ENCLOSED GARAGE OR CARPORT". MR. COOPER STATED WE MIGHT WANT TO CLARIFY IT TO SAY VEHICLES AND INCLUDING A CARPORT WITHIN THAT. MRS. BRANTMEYER ASKED ABOUT IMPROVED PARKING SURFACE. MR. COOPER STATED THE ORDINANCE WOULD RESTRICT THE AMOUNT OF THE THREE VEHICLES ON A NON-APPROVED AREA. THE PROPERTY OWNER WOULD STILL NEED THE MINIMUM AMOUNT OF OPEN SPACE REQUIRED BY CODE. MR. BARNES ASKED IF IT IS TOO LATE TO HAVE THE ATTORNEY REVIEW AT LEAST THE VEHICLES THAT CAN BE PARKED ON AN UNAPPROVED SURFACE TO BE LICENSED AND REGISTERED TO PRECLUDE JUNK CARS. A MOTION WAS MADE BY MR. BARNES TO INCLUDE IN THE PROPOSED PARKING ORDINANCE THAT VEHICLES THAT CAN BE PARKED ON AN UNAPPROVED SURFACE SHOULD BE LICENSED AND INSURED. MR. FISCHER SECONDED THIS MOTION FOR DISCUSSION. , , . PLANNING AND ZONING COMMISSION REGULAR MEETING OF SEPTEMBER 1, 1994 PAGE FOUR . MR. FALKE SAID IF WE ARE JUST TALKING ABOUT THAT MOTION, I WOULD LIKE TO SEE THAT. HE STATED HE HAS BEEN IN FAVOR OF THAT SINCE THE BEGINNING OF THIS DISCUSSION. LET THAT STAND ALONE UNTIL WE SEE HOW IT WORKS, WITHOUT ANY FURTHER ORDINANCE. MR. BARNES ALSO WANTED TO ADD THAT THE VEHICLES BE LICENSED AND REGISTERED TO THE OWNER OF THE RESIDENTS WHERE THEY ARE STORED. MR. BARNES WITHDREW HIS ORIGINAL MOTION AND MR. FISCHER WITHDREW HIS SECOND. MR. BARNES MADE A MOTION THAT THE CARS BE LICENSED AND REGISTERED TO INDIVIDUALS LIVING AT THE HOUSEHOLD OR DIRECTLY RELATED TO INDIVIDUALS LIVING AT THE HOUSEHOLD. MR. FISCHER ASKED MR. BARNES IF HE WANTED TO ADD IF THAT IS NOT THE CASE, THAT YOU CAN AMEND SECTION 20A-2.7 SUBJECT TO THE LETTER OF JUNE 8, 1994 FROM RICHARD TORPY, TO BE AN ALTERNATE SUBJECT TO SECTION C AS DISCUSSED, CARPORT. MR. FISCHER SECONDED THE MOTION. MR. SHROYER SAID IT WAS NOT A GOOD IDEA SINCE IT WOULD PUT A HARDSHIP ON THE CITIZENS. MR. BARNES STATED HAVING TOO MANY VEHICLES PARKED IN RESIDENTIAL AREA COULD BRING DOWN THE PROPERTY VALUE OF THE NEIGHBORS. . CHAIRMAN THOMPSON STATED HE BELIEVED IF YOU REQUIRE REGISTRATION AND LICENSING ON A VEHICLE THAT HAS NOT PREVIOUSLY BEEN REGISTERED AND LICENSED IN FLORIDA, YOU ARE ADDING A $200-$300.00 IMPACT FEE TO GET A LICENSE. MRS. BRANTMEYER BROUGHT UP A CERTAIN RESIDENT STORING CARS ON GRASS AND SELLING THEM. ONE CAR HAS DEALER'S PLATES AND THE REST HAVE INDIVIDUAL PLATES. MR. COOPER STATED SHE NEEDS TO TURN IT OVER SO CODE ENFORCEMENT CAN INVESTIGATE IT. ROLL CALL: CHAIRMAN THOMPSON MRS. BRANTMEYER MR. BARNES MR. FALKE MR. FISCHER MR. MUNSART MR. SHROYER NO YES YES NO YES NO NO VOTE 4-3, MOTION DENIED. . PLANNINGAND ZONING COMMISSION REGULAR MEETING OF SEPTEMBER 1, 1994 PAGE FIVE MR. FISCHER MADE A MOTION THAT WE SEND TO THE CITY COUNCIL AND THE ATTORNEY THE JUNE 8TH, 1994 LETTER FROM RICHARD TORPY TO AMEND SECTION 20A-2.7 WITH THE CHANGES TO SECTION C, VEHICLES THAT ARE STORED WITHIN ANENCLOSED GARAGE OR CARPORT. MR. SHROYER SECONDED THE MOTION. ROLL CALL: MRS BRANTMEYER YES MR. BARNES YES MR. FALKE NO MR. FISCHER YES MR. MUNSART YES MR. SHROYER YES CHAIRMAN THOMPSON YES VOTE WAS 6-1, MOTION CARRIED. MR. COOPER STATED IT WOULD BE SENT TO CITY COUNCIL FOR WORKSHOP. C~~ MATTERS: NONE MEMBERS MATTERS: MR. SHROYER STATED HE READ IN THE PAPERTHAT THE FISH AND WILDLIFE SERVICE AND THE COUNTY ARE INDICATINGTHAT THEY ARE SEEKING MONEY THROUGH A GRANT TO PURCHASE 35 ACRESBOUNDED BY GIBSON STREET, NORTH OF MAIN STREET AND IN THIS GENERAL AREA. A LOT OF THAT AREA IS INDUSTRIAL. HE WANTED TO KNow WHAT.THIS WOULD DO TO THE COMPREHENSIVE PLAN WE HAVE IF THEY REMOVE 33 ACRES OF INDUSTRIAL PROPERTYFROM THE CITY. MR. COOPER STATED IT DOESN'T DO ANYTHING WITHOUR COMPREHENSIVE PLAN AND THE LAND USE STILL STAYS THE SAME, IT IS JUST THAT IT WOULD BE UNBUILDABLE BASED ON PRESERVATION. CHAIRMAN THOMPSON STATED THAT HE' HAS A LETTER FROM AMERICAN PLANNING ASSOCIATION THAT THEY HAVE TWO NEW BOOKS. IF ANYBODY IS INTERESTED, YOU CAN GET THE INFORMATION FROM THE SECRETARY, GERRY. ATTORNEY MATTERS: NONE BUILDING OFFICIAL MATTERS: MR. COOPER RECEIVED A REQUEST FROM MR. MOSBY, WHO WAS THE ENGINEER FOR BOWDLE USED CARS, WHICH YOU APPROVED JUST RECENTLY. MR. BOWDLE IS IN THE PROCESS TO TRY TO BRING THE PROPERTY INTO COMPLIANCE WITH THE SITE PLAN AND THEY ARE REQUESTING AN EIGHT MONTH EXTENSION ON THE REQUIRED CURB WORK. ALONG U.S. #1 AND MARTIN AVENUE THERE WERE GOING TO BE ALTERATIONS. THEY WERE GOING TO ELIMINATE THE EXISTING CURB CUT. THE SITE PLAN HAS BEEN CHANGED TO iNDICATE THE CORRECTIONS OR CONDITIONS THAT P & Z OUTLINED IN THE PAST AS FAR AS THE APPROVAL. PLANNING AND ZONING COMMISSION PAGE SIX REGULAR MEETING OF SEPTEMBER 11 1994 MR. FISCHER MADE A MOTION TO ADD THIS ITEM TO THE AGENDA. MR. FALKE SECONDED THIS MOTION. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. MR. COOPER WOULD REQUEST THAT BOWDLE USED CARS WOULD RECEIVE A LETTER OF NON -OBJECTION FROM D.O.T. REGARDING THE CURB CUT ALONG U.S. #1. IF D.O.T. HAS NO OBJECTIONS TO THE DELAY OF THE ACTUAL REMOVAL OF THE EXISTING ASPHALT AND PUTTING A TYPE F CURB BACK IN, THEN HE HAS NO OBJECTION TO IT. MR. COOPER'S RECOMMENDATION IS THAT THE EXISTING INTERSECTION OF MARTIN AVENUE IS A HAZARD AND NOT TO GRANT THAT PORTION. THE SITE PLAN IS STILL INCORRECT SINCE THERE IS INSUFFICIENT ROOM FOR TWO WAY TRAFFIC. MR. SHROYER ASKED BRUCE COOPER IF THE GAS TANKS ON THAT SITE WERE TAKEN OUT. MR. COOPER STATED TO HIS KNOWLEDGE THEY HAD BEEN REMOVED BUT, HE WOULD CHECK ON IT. CHAIRMAN THOMPSON WAS CONCERNED ABOUT THE MARTIN AVENUE CURB CUT. THE PLAN IS SHOWING TWO WAYS IN FROM MARTIN AVENUE AND ONE WAY FROM U.S. #1. MR. COOPER STATED CAN ONLY HAVE ONE WAY TRAFFIC IN. A MOTION WAS MADE BY MR. FALKE TO APPROVE AN EIGHT MONTH DELAY IN PROVIDING A CURB ALONG U.S.11 PROVIDING D.O.T. FIRST APPROVES THAT EXTENSION. MR. FISCHER SECONDED THE MOTION. ROLL CALL VOTE WAS TAKEN, 7-0 MOTION CARRIED. A MOTION WAS MADE BY MR. FALKE TO APPROVE THE SAME EIGHT MONTH EXTENSION ON THE CURBING ONLY ON MARTIN AVENUE BUT NOT THE REMOVAL OF THE ASPHALT FOR PROTECTION OF PEOPLE COMING IN THERE. MR. FISCHER SECONDED THIS FOR DISCUSSION. ROLL CALL VOTE WAS TAKE, 7-0 MOTION CARRIED. MR. COOPER STATED THERE HAS BEEN A U -HAUL RENTAL ADDED TO A BUSINESS ON 512. HE DENIED AN OCCUPATIONAL LICENSE FOR THAT. THERE WAS AN APPROVED SITE PLAN FOR THAT USED CAR LOT BACK IN 1984 THAT SHOWED A SPECIFIC AREA FOR VEHICLE STORAGE AND THEY WAY EXCEEDED THAT. HE WILL GIVE THEM 14 DAYS TO REMOVE THEM. IN CASE THERE IS A CONCERN, THIS IS BEING TAKEN CARE OF. MEETING ADJOURNED AT 8:15 P.M. SIE-EASTIAN ._ PlfiWAG APPROVED 7 -a APPROVED SUBJECT TO