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HomeMy WebLinkAbout08181994 PZ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 18, 1994 7:00 P.M. 2. 3. 4. 9. 10. 11. CALL TO ORDER. ROLL CALL. ANNOUNCEMENTS. APPROVAL OF MINUTES: REGULAR MEETING OF JULY 21, 1994. OLD BUSINESS: NONE. NEW BUSINESS: STEVENSON HOUSE BED & BREAKFAST. AIRPORT PROPERTY RE-ZONING. 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 PLANNING AND ZONING COMMISSION RE.G~LARMEETING AUGUST 18, 1994 CHAIRMAN THOMPSON OPENED THE MEETING AT 7:02 P.M. ROLL CALL: PRESENT: MR. SCHULKE MR. MUNSART MR. SHROYER CHAIRMAN THOMPSON MR. GOLDSTEIN MR. BARNES MR. FALKE MR. FISCHER ABSENT: MRS. BRANTMEYER, UNEXCUSED BRUCE COOPER, EXCUSED ALSO PRESENT: JAN KING, ZONING TECHNiCIAN ANNOUNCEMENTS: CHAIRMAN THOMPSON INTRODUCED GERRY KUBES, WHO WILL BE FILLING IN FOR SUZI HOLMES WHILE SHE IS ON MATERNITY LEAVE. HE ALSO INTRODUCED JAN KING, WHO IS FILLING IN FOR BRUCE COOPER FOR THIS MEETING. A MOTION WAS MADE BY CHAIRMAN THOMPSON THAT WE ADD TO OLD BUSINESS THE TREE ORDINANCE AND THE PROPOSED PARKING. SECONDED BY MR, FISCHER. MR. BARNES AMENDED THE MOTION TO ADD THE PARKING RECOMMENDATIONS DATED AUGUST 18, 1994 TO LAST ITEM UNDER NEW BUSINESS. SECONDED BY MR. FISCHER. VOICE VOTE ON MOTION AND AMENDED MOTION: 7-0 MOTIONS CARRIED. APPROVAL OF MINUTES: MR. FALKE STATED ON PAGE 8 OF THE JULY 21, 1994 MINUTES THAT HE MADE A MOTION ABOUT ADDING SOME~ PARAGRAPHS INTO THE TREE ORDINANCE. THERE WAS NOTHING IN THE MINUTES .THAT SAID WHETHER THAT MOTION WAS SECONDED, VOTED ON, DENIED, DUMPED OR WHAT. HE THOUGHT IT WAS SECONDED, VOTED ON AND APPROVED. SUZI HOLMES STATED THAT THE MOTION WASSECONDED BY MR. BARNES ANDPASSED 6-1 (GOLDSTEIN). A MOTION WAS MADE BY MR. BARNES, SECONDED BY MR. FALKE TO ACCEPT THE MINUTES AS AMENDED OF THE REGULAR MEETING OF JULY 21, 1994. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. PLANNING AND ZONING COMMISSION REGULAR MEETING OF AUGUST 18, 1994 PAGE TWO NEW BUSINESSI MR. FALKEMADE A MOTION, SECONDED BY MR. FISCHER TO DO NEW BUSINESS BEFORE OLD BUSINESS. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. STEVENSON HOUSE BED & BREAKFAST PHASE I STAFF HAD NO INPUT. JOHNBEAMOF SEBASTIAN WAS PRESENT TOREPRESENT STEVENSONHOUSE BED & BREAKFAST. HE REFERRED TO A LETTER FROM PETER JONES TO BRUCE COOPER REGARDING THE REVISION OF THE PARKING AND WHY. HE STATED THAT THERE WOULD BE NO CHANGE IN THE STRUCTURE OF THE BUILDING. PART OF THE OLD GARAGE WOULD BE TAKEN DOWN TO TAKE CARE OF PHASE I. PHASE I IS BASICALLY THE SOUTHWESTCORNER OF THE LOT. THE REQUEST IS THAT THE CURRENT ASPHALT PAVING BE CHANGED TO A MORE PERVIOUS TYPE PAVING, SPECIFICALLY LOOSESTONE OR RIVER ROCK. MR. BARNES ASKED IF THE SPACES SHOWN ON THE SITE PLAN HAVE STOP BLOCKS. MR. BEAM STATED YES. MR. BARNES ALSO ASKED IF THERE WAS ANY HANDICAPPED PARKING. MR. BEAM STATED THAT THERE WILL BE ONE SPACE THAT WILL BE PAVED. MR. GOLDSTEIN ASKED JAN KING IF SHE KNEW WHETHER THE APPLICANT HAS PROVIDED ANAPPLICATION PURSUANT TO THE ELEMENTS ON PAGE537. JAN KING DID NOT KNOW WHETHER THE APPLICANT PROVIDED THiS AS PART OF THEIR SITE PLAN. MR. FALKE STATED THAT HE APPROVED POROUS PARKING AS LONG AS IT MEETS THE CODE. A MOTION WAS MADE BY MR. GOLDSTEIN, SECONDEDBY MR. FISCHER THAT WE THE PLANNING AND ZONING COMMISSION APPROVE THE REQUEST OF THE STEVENSON HOUSE BED & BREAKFAST, PHASE I, FOR POROUS PARKING PURSUANT TO PETER JONES'S LETTER OF AUGUST 9TH, WHICH IS IN THE FILE AND SUBJECT TO STAFF'SRECEIPT OF ANAPPLICATIONPROViDING THE INFORMATION SPECIFIED IN 20A-8.5(E)(2)(a)(1-7). ROLL CALL WAS TAKEN, 7-0 MOTION CARRIED. PLANNING AND ZONING COMMISSION REGULAR MEETING OF AUGUST 18, 1994 PAGE THREE AIRPORT PROPERTY RE-ZONING - PUBLIC HEARING JAN KING REFERRED TO THE PUBLIC NOTICE .THAT WAS IN THE PLANNING AND ZONING PACKET. iT SAYS THIS IS A PUBLIC HEARING CONCERNING RE- ZONING OF THE AIRPORT PROPERTY TO BE CONSISTENT WITH THE ADOPTED AIRPORT MASTER PLAN, LOCATED AT 299 EAST AIRPORT DRIVE, SEBASTIAN, FLORIDA. THE MAPNOW SHOWS THE ZONING TO BE INDUSTRIALAND SHOULD BE AIRPORT INDUSTRIAL. MR. FALKE ASKED WHAT RUNWAY IS INTENDED TO BE THE PRIMARY RUNWAY WHEN THE MASTER PLAN IS FINALLY IMPLEMENTED. MR. FISCHER STATED THERE IS A HANGER AT THE END OF RUNWAY #9. PUBLIC HEARING OPENED AT 7:25 P.M. CHAIRMAN THOMPSON REMINDED THE SECRETARY TO WRITE PUBLIC HEARING NEXT TO ITEM ON THE AGENDA. A MOTION WAS MADE BY MR. BARNES, SECONDED BY MR. FISCHER TO APPROVE THE AIRPORT RE-ZONING TO BE CONSISTENT WITH THE ADOPTED AIRPORT MASTER PLAN LOCATED AT 299 EAST AIRPORT DRIVE, SEBASTIAN, FLORIDA AS SHOWN ON MAP 7.4 AMENDED. ROLL CALL WAS TAKEN, 7-0 MOTION CARRIED. THERE WAS A DISCUSSION CONCERNING A LETTER DATED AUGUST 18, 1994 TO THE PLANNING AND ZONING COMMISSION ON PARKING AND THE SPEED LIMIT ALONG INDIAN RIVER DRIVE. MR. SHROYER STATED LAST WEEK AT THE MEETING HE QUESTIONED MR. TOM COLLINS WHAT HIS OPINIONS WERE AS FAR AS NO PARKING ALONG INDIAN RIVER DRIVE. MR. COLLINS SAID HE HAD NO OBJECTIONS. MR. SHROYER ALSO STATED BASICALLY, THERE ARE THREE AREAS THAT THE PEOPLE ARE PARKING IN THE RIGHT-OF-WAY. ONE OF THEM IS CAPTAIN HIRAM'S. THE OTHER IS HURRICANE HARBOR. HE IS NOT SURE IF PEOPLE ARE PARKING IN THE RIGHT-OF-WAY AT EARL'S BAR. MR. SHROYER WOULD LIKE THE CITY COUNCIL TO SET UP ANORDINANCE SO THERE WILL BE NO PARKING FROM THE PARK DOWN TO DAVIS STREET OR WHATEVER PART OF INDIAN RIVER DRIVE THE CITY NOW OWNS. HE WOULD LIKE TO SEE A TWENTY (20) MILE PER HOUR SPEED LIMIT ALONG THE CITY OWNED PORTION OF INDIAN RIVER DRIVE. THERE SHOULD ALSO BE A $25.00 FINE iF FOUND iN VIOLATION OF THIS. MR. FALKE STATED HE THINKS THIS SUGGESTION HAS MERIT BUT IT IS ATTEMPTING TO PIECE MEAL THE RiVERFRONT. HE THINKS THE POLICE SHOULD BE CONSULTED ON WHAT THEY FEEL IS REASONABLE ANDENFORCEABLE DOWN THERE. HE DOES NOT KNOW IF A $25.00 FINE WOULD BE CONSISTENT WITH THE OTHER NO PARKING AREAS WITHIN SEBASTIAN. PLANNING AND ZONING COMMISSION REGULAR MEETING OF AUGUST 18, 1994 PAGE FOUR A MOTION WAS MADE BY CHAIRMAN THOMPSON, SECONDED BY MR. FISCHER TO SEND THIS SUGGESTION TO ALL STAFF, iNCLUDiNG THE POLICE DEPARTMENT AND ASK STAFF TO COME BACK TO US WITH A RECOMMENDED ORDINANCE OR WHATEVER THEY THINK IS APPROPRIATE. ROLL CALL WAS TAKEN, 7-0 MOTION cARRIED. OLD BUSiNES~ PROPOSED TREE ORDINANCE - CHAIRMAN THOMPSON ASKED THE MEMBERS IF THEY HAD ANYCHANGES TO MAKE TO ORDINANCE 0-94-06. MR. FALKE HAD GOTTEN INPUT FROM NEUHAUS NURSERY CONCERNING FLORIDA GRADE NUMBER I TREES. HE STATED THAT A FLORIDA NUMBER I TREE IS THE POOREST QUALITY OF TREE YOU WOULD EVER WANT TO PUT ON YOUR PROPERTY ANDTHE POOREST QUALITY ANYREPUTABLENURSERY WOULD TRY TO SELL YOU. NUMBER 2 TREESAREVERY CROOKED, BROKEN, BENT AND SO ON. NUMBER 3 DOES NOT EVEN EXIST BUT, IF IT DID, IT WOULD BE PURE JUNK. A MOTION WAS MADE BY MR. FALKE, SECONDED BY MR. BARNES TO ADD BACK INTO THE ORDINANCE UNDER 20A-14.4 AFTER MINIMUM TREE REQUIREMENTS FOR RESIDENTIAL BUILDING LOTS THE FOLLOWING: IF TREES MUST BE AnDED TO THE LOT TO CONFORM WITH THE REOUIREMENTS OF THIS'ARTICLE, TREES SHALL BE"SOPPLIED MEETING: (1) FLORIDA GBADE NUMBER i OR BETTER NURSERy ,.STANDARD~ ESTABLISHED BY .T-~ STATE O.F FLORIDA DEPARTMENT O~' AGRICULTORE AND CONSUMER AFFAIRS. VOICE VOTE WAS MADE, 6-1 (GOLDSTEIN) MOTION CARRIED. MR. FALKE STATED TO BE CONSISTENT, WE SHOULD HAVE ENVIRONMENTAL ADMINISTRATOR ADDED TO THE DEFINITIONS IN SECTION 20A-14.18. A MOTION WAS MADE BY CHAIRMAN THOMPSON, SECONDED BY MR. FALKE TO BE CONSISTENT, WE SHOULD HAVEENVIRONMENTALADMiNiSTRATORADDED TO THE DEFINITIONS iN SECTION 20A-14.18. WE SHOULD USE THE SAME DEFINITION GIVEN UNDER SECTION 20A-14.2. MR. GOLDSTEIN SUGGESTED ONLY USING THE FIRST PORTION OF THE DEFINITION IN THE GLOSSARY RATHER THAN INCLUDING THE RESPONSIBILITIES IN THE GLOSSARY. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. THE FOLLOWING DEFINITION SHOULD BE ADDED UNDER SECTION 20A-14.18: ENVIRONMENTAL ADMINISTRATOR. T~ DIRECTOROF COMMUNITYD~v~LOPME~. OR OT~R OFFICI~?~ APPOINTED BY ANDREPORTING DIRECTLy TO THE CIT~ MANAGER SHALL BE,,,~ E~RONM~T~?,ADMINISTRATOR. PLANNING AND ZONING COMMISSION REGULAR MEETING OF AUGUST 18, 1994 PAGE FIVE MR. BARNES SUGGESTED CHANGING SECTION 20A-14.18 TO NOW READ: "DIAMETER AT BREAST HEIGHT ( DBH ) SHALL MEAN THE STANDARD MEASUREMENT OF THE DIAMETER, IN INCHES, OF A SINGLE-STEMMED TREE MEASURED AT FOUR AND ONE-HALF'FEET {4 1/2') ABOVE GRADE. THE DBH OF A MULTI-STEMMED TREE SHALL EQUAL THE SUM TOTAL OF THE DIAMETER OF ALL STEMS MEASURED AT FOUR AND ONE-HALF FEET (4 1/2') ABOVE GRADE. MR. BARNES SUGGESTED A CLERICAL CORRECTION TO SECTION 20A- 14.5(B)(1)(b) TO ADD D.B.H, AFTER (4) INCHES OR GREATER. SECTION 20A-14.5(B)(1)(b) SHALL NOW READ "A TREE SURVEY. ID~NT.iFYIN~ ..BY NAME AND SiZE ALL TREES FOUR (4) INCHES D.B.H. OR GREATER ~ISTINC ON EACH LOT PRIORTO DEVELOPMENT:" A MOTION WAS MADE BY MR. FISCHER, SECONDED BY CHAIRMAN THOMPSON TO ADD TO 20A-14.4(B) LAND CLEARING OR GRUBBING THE FOLLOWING: IT SHALL.BE UNLAWFUL TO CLEAR, _C~ OR GRUB ~ WITHIN THE CiTY WITHOUT FIRSTHAVING OBTAINED A PERMIT AS PROVIDED IN THiS SECTION. ROLL CALL WAS MADE, 6-1 (MUNSART) MOTION CARRIED. A MOTION WAS MADE BY CHAIRMAN THOMPSON, TO ADD CLEAR CUT TO 20A- 14.5(A), FIFTH SENTENCE, "ALSO, ANY PERSON DESIRING A PERMIT TO CLEAR, C~EAR CUT, GRUB OR OTHERWISE SIMILARLY DISTURB PROPERTY WITHIN THE CITY LIMITS OF SEBASTIAN SHALL MAKEWRITTEN APPLICATION TO THE DEPARTMENT ON PROPER FORMS PROVIDED BY THE ENVIRONMENTAL ADMINISTRATOR." CHAIRMAN THOMPSON WITHDREW HIS MOTION. A MOTION WAS MADE BY CHAIRMAN THOMPSON, SECONDED BY MR. FISCHER TO ADD CLEAI{CUT TO 20A-14.5¢A) AND ANY PLAC~ ELSE THAT iS IN THIS ORDINANCE.. VOICE VOTE WAS MADE, 5-2 (SHROYER, FALKE) MOTION CARRIED. A MOTION WAS MADE BY MR. FISCHER, SECONDED BY MR. GOLDSTEIN TO CHANGE SECTION 20A-14.5(B)(1)(J)(2), PAGE 5, FROM "CREDIT OF 1 TREE" TO "CREDIT OF 2 TREES". MR. FISCHER WITHDREW HIS MOTION AND MR. GOLDSTEIN WITHDREW HIS SECOND. A MOTION WAS MADE BY MR. FALKE TO CHANGE 20A-14.5(B)(J)(1), PAGE 5, BY ADDING A CATEGORY 2-5" CREDIT AS I TREE, CHANGE THE OTHERS TQ 2, 3. 4. 5 AND ELIMINATE PARAGRAPH ~j)(2).....C.OMPLETELY, MR. FISCHER SECONDED iT FORDISCUSSION. PLANNING AND ZONING COMMISSION REGULAR MEETING OF AUGUST 18, 1994 PAGE SIX MR. MUNSART ASKED IF WE SHOULD ADD D.B,H~ AFTER 2-5 INCHES, 5-10 INCHES, 10-20 INCHES, 20-30 INCHES, 30 INCHES UNDER CREDITS (J)(1). MR. FALKE AMENDED HIS MOTION TO ADD D_~ AFTER 2-5 INCHES, 5-10 INCHES, 10-20 INCHES, 20-30 INCHES, 30 INCHES UNDER CREDITS 20A- 14.5(B)(J)(1). MR. FISCHER SECONDED THE AMENDED MOTION. AN AMENDED MOTION WAS MADE BY MR. GOLDSTEIN TO REPLACE IN 20A- 14.5(B)(j)(m) THE NUMBERS 21 INCHES WITH ~_~, THE NUMBERS 31 iNCHES WITH30~. ALSO, ADD OVER BEFORE 5 INCHES, OVER BEFORE 10 INCHES. OVER BEFORE 20 INCHES. Over BEFORE 30 INcHmS~ MR. FISCheR SECONDED T~ AMENDED MOTION. VOICE VOTE WAS MADE ON' MOTION AND ALL AMENDMENTS, 7-0 MOTION CARRIED. SECTION 20A-14.5(B)(j)(1) SHALL NOW READ: 2-5" DBH = 1 TREE O~TER 5"-10" DBH = 2 TREES OVER ,10"-,;~0" ~BH = 3 TREES OVER Z0"-30" DF~ = 4 T~-~ OVER 3.0" DR~ = 5 TREE~ RECESS AT 8:25. MEETING REOPENED 8:45. A MOTION WAS MADE BY MR. FISCHER STATING ON PAGE 13, SECTION 20A- 14.18, PROTECTED TREE SHALL MEAN ANY TREE OF FIVE (5) INCHES DBH SHOULD BE CHANGED TO FOUR ¢4} INCHES.DBH AND DELETE ~-7 !NC~$ IN CIRCUMFEP~ENC~. MR. FALK~ SECONDED IT. ' VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. A MOTION WAS MADE BY MR. GOLDSTEIN TO INSERT IN SECTION 20A-14.9(A) AFTER "SECTION 20A-14.7 DEFINITIONS", OR FOR THOSE TREES UTILIZED TO MEET THE MINIMUM TREE REOUIREMENTS OF SECTION OR FOR THOSE. T~RS REPLACED P0~UaNT TO THE T~mm ~EPLACEMENT REOUIREMENTS OF 2OA-1~.6 SHALL BE OBTAINED BY MAKi~ APPLICATION FOR PERMIT TO THE ENVIRONMENTAL ADMINISTRATOR. MR. FISCHER SECONDED IT FOR DISCUSSION. VOICE' VOTE WAS MADE, 7-0 MOTION CARRIED. A MOTION WAS MADE BY MR. MUNSART IN REFERENCE TO SECTION 20A- 14.1(C)(1) UNDER PUBLIC PROTECTION "VERBAL AUTHORiZATiON MAY BE GIVEN BY THE DIRECTOR, IT SHOULD BE CHANGED TO ENVIRONMENTAn ADMINISTRATOR. MR. FISCHER SECONDED iT. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. PLANNING AND ZONING COMMISSION REGULAR MEETING OF AUGUST 18, 1994 PAGE SEVEN A MOTION WAS MADE BY MR. MUNSART, SECONDED BY CHAiRMAN THOMPSON TO REPLACE ALL INSTANCES OF DIAMF~TEK WITH DBH THROUGHOUT TH~.....WHOLE DOCUMENT, VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. A.MOTION WAS MADE BY MR. MUNSART REFERRING TO PAGE 6, SECTION 20A- 14.6(C)(2) TO ADD "SHALL" BEFORE CAUSE TO BE SERVED. MR. FALKE STATED THIS WAS JUST A CLERICAL CORRECTION AND ASKED IF IT NEEDED A MOTION. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. MR. MUNSART MADE A CLERICAL CORRECTION TO PAGE 14, DEFINITION OF TREE, TREE SHALL MEAN ANY LIVING SELF-SUPPORTING AND ERECT, STANDING WOODY PLANT HAVING AT "LEAST" INSTEAD OF LEASE. A MOTION WAS MADE BY CHAIRMAN THOMPSON STATING THAT BRUCE COOPER RECOMMENDED AT ONE TIME THAT WE PUT~F~IN 20A-14.7. IN 20A- 14.8 UNDER PERMIT EXEMPTIONS, WE MAKE IT SAY PROHIBITED OR UNDESIRABLE TREES, AS DEFINED IN SECTION 20A-14.18. "DEFINITIONS", MUST BE INDICATED ON THE TREE SURVEY. THE WORD TREE WAS ADDED. IN 20A-14.9, TOOK 20A-14.7 AND MADE IT PARAGRAPH A UNDER 20A-14.9 AND .SAID .~NO PERSON. DIRECTLY OR INDIRECTLY. SHALL CUT DOm, DESTRQ~.,~..._REMOVE. RELOCATE OR EFFECTIVELY DESTROY THROUGH DAMAGING,. ANy T~....SITUATED ON ANY PROPERTY. OR CLEAR ANY LOT OR ACREAGE LOCATED WIT~I~ THE CITY. WITHOUT FIRST OBTAINING A PERMIT. AS PROVIDED IN ~I~ ARTICLE." THE EXISTING PARAGRAPH A BECOMES PARAGRAPH B ANDTHE EXISTING PARAGRAPH B BECOMES PARAGRAPH C. MR. BARNES SECONDED' THIS MOTION. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. JAN KING STATED THAT MR. COOPER MENTIONED TO HER ON PAGE 4, UNDER B(1), ITEM d, "A STATEMENT OF THE REASON FOR REMOVING ANY TREES THAT ARE SCHEDULED FOR REMOVAL THAT ARE NOT WITHIN THE IMMEDIATE AREA OF CONSTRUCTION.", THAT FROM ANADMINISTRATIVE STANDPOINT, HE WOULD LIKE TO HAVE A CLARIFICATION OF WHAT YOUR DEFINITION OF IMMEDIATE AREA OF CONSTRUCTION IS. A MOTION WAS MADE BY MR. SHROYER, SECONDED BY MR. FISCHER TO CHANGE SECTION 20A-14.5(B)(1)(d) BY DELETING THE IMMEDIATE AREA OF CONSTRUCTION AND ADDING AFTER WITHIN "5 FEET OF THE FOOTPRINT OF VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. PLANNING AND ZONING COMMISSION REGULAR MEETING' OF AUGUST 18, 1994' PAGE EIGHT A MOTION WAS MADE BY MR. FISCHER, SECONDED BY MR. MUNSART TO SEND THE PROPOSED TREE ORDINANCE TO CITY COUNCIL FOR APPROVAL. MR. FISCHER WITHDREW HiS MOTION AND MR. MUNSART WITHDREW HIS SECOND, A MOTION WAS MADE BY CHAIRMAN THOMPSON TO ADD TO PAGE 3, SECTION 20A-14.5(A), SECOND PARAGRAPH, MUST ACKNOWLEDGE "~.EIPT OF HOMEOWNERS PACKET AND!~. MR. FISCHER SECONDED THIS MOTION. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. A MOTION WAS MADE BY MR. SHROYER, SECONDED BY MR. FISCHER TO ADD TO SECTION 20A-14.10, PERMIT FEE, SUCH A FEE SHALL BE CHARGED ONLY FOR A...~RMIT TO REMOVE LIVE HEALTHY TREES. VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. A MOTION WAS MADE BY MR. FISCHER, SECONDED BY MR. FALKE TO SEND THIS TREE ORDINANCE TO CITY COUNCIL FOR APPROVAL. ROLL CALL WAS MADE, 5-2 (GOLDSTEIN, SHROYER), MOTION CARRIED. VEHICLE RESTRICTION ORDINANCE: CHAIRMAN THOMPSON STATED THERE WERE ONLY TWO LETTERS THAT HE KNEW OF, WHICH ARE DATED APRIL 27, 1994 FROM BRUCE TO RICHARD TORPYAND JUNE 8, 1994 FROM RICHARD TORPY TO BRUCE. MR. BARNES STATED HEWAS THE ONE WHO VOTED TOPUT THIS BACK ON THE AGENDA BUT, IT MIGHT BE BETTER IF BRUCE WERE HERE TO ANSWER ANY QUESTIONS OR DISCUSSION. A MOTiON WAS MADE BY MR. BARNES TO PUT THiS ON THE AGENDA FOR OUR NEXT REGULAR MEETING FOR THE FIRST ITEM OF OLD BUSINESS. MR. FALKE SECONDED THIS MOTION. A VOICE VOTE WAS MADE, 7-0 MOTION CARRIED. MEMBERS MATTERS: MR. FISCHER ASKED CHAIRMAN THOMPSON IF BRUCE DIDN'T PICK UP ON A FLAW ON A SITE PLAN AND IT COMES TO PLANNING AND ZONING AND WE DON'T PICK UP ON THE FLAW, DOES THAT GIVE THE APPLICANT APPROVAL AND DOES HE STILL HAVE TO LIVE BY THE CODES OF THE CITY OF SEBASTIAN. CHAIRMAN THOMPSON STATED IT WOULD PROBABLY BE PICKED UP IN THE PRESENTATION OF THE CONSTRUCTION DRAWINGS BUT, IF IT IS NOT, HE THOUGHT THEAPPLICANT WOULD BE OBLIGATED TO BUILD eo*N PLANNING AND ZONING COMMISSION PAGE NINE REGULAR MEETING OF AUGUST 18, 1994 IT TO THE CODES. MR. SHROYER DISAGREED WITH CHAIRMAN THOMPSON. HE THINKS IF THE PLANNING AND ZONING COMMISSION MISSES ANY FLAWS ON THE APPROVED SITE PLAN, THE APPLICANT IS FREE AND CLEAR. THIS QUESTION COULD BE ASKED TO THE ATTORNEY FOR CLARIFICATION WHEN HE ATTENDS THE NEXT MEETING. CHAIRMAN THOMPSON ADJOURNED THE MEETING AT 9:27 P.M. SEBASTIAN Z(ISO PLANNING COMMISSION / p �_,._�„�, DATE APPROVE pppROVED SU BJ ECT TO Z.