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HomeMy WebLinkAbout10051989 PZPLANNING AND ZONING COMMISSION REGULAR MEETING OCTOBER 5, 1989 ViCE-CHAIRMAN WADSWORTH CALLED THE MEETING TO ORDER AT 7:00P. M. PRESENT; JIM WADSWORTH, BILL MAHONEY, MAYME TAYLOR, J.W. THOMPSON, SHIRLEY KILKELLY, ED GILCHER ABSENT; MR. FULLERTON, I~R. KRULIKOWSKI BOTH EXCUSED ALSO PRESENT; DAVID FISHER, BRUCE COOPER, PETER JONES LINDA KINCHEN AND BILL MESSERSMITH ANNOUNCEMENTS; NONE MINUTES 9-7-89 M/{, THOMPSON MADE A MOTION TO APPROVE THE MINUTES AS PRESENTED SECOND BY MRS, TAYLOR UNDER DISCUSSION A CORRECTION TO PAGE FOUR AS FOLLOWS;( A MOTION TO APPROVE THE ANTENNA REQUEST WAS MADE BY MR. WADSWORTH PROVIDED THAT THE APPLICANT COMPLY WITH SECTION 20A5.1 OF OUR CODE SECOND BY MR. GILCHER PASSED UNANIMOUSLY) ALSO THAT THE WORD STATES BE CORRECTED ON PAGE TWO SECOND LINE FIRST PARAGRAPH UNDER HOME OCCUPATIONAL LICENSE FOR INDIAN RIVER JANITORIAL. THE MOTION WAS CHANGED TO STATE AS AMENDED iIR. THOMPSON AND MR. GILCHER CONCUR - PASSED UNANIMOUSLY. MINUTES 9-21-89 MR. THOMPSON REQUESTS THAT ON PAGE FIVE FIRST PARAGRAPH THAT HIS NAI~tE BE ADDED AS THE MOTION MAKER, MR. GiLCHER STATED THAT ON PAGE THREE THE WORD NEW BE ADDED TO LINE FIVE, PARAGRAPH ONE IN FRONT OF BUILDING HEIGHT AND ALSO THAT THE WORD CENTER BE ADDED TO PARAGRAPH FIVE - PAGE THREE IN FRONT OF STAIRWAY. ON PAGE TWO MR. GILCHER REQUESTS THAT THE FIRST SENTENCE OF PARAGRAPH SEVEN BE REMOVED AND THAT A NEW SENTENCE BE ADDED AFTER THE REMAINING PARAGRAPH WHICH STATES ( MR. GILCHER SAID HE STRONGLY FAVORED A STUDY TO DEFINE A POTENTIAL PROBLEM AND TAKE ANY REQUIRED CORRECTIVE MEASURES BEFORE IT BECAME A CODE ENFORCEMENT MATTER.) END OF PARAGRAPH, ALSO THAT THE WORD CUPOLA BE CORRECTED SPELLING WISE THROUGHOUT THE MINUTES. A MOTION TO APPROVE THE MINUTES AS AMENDED WAS MADE BY MR. GILCHER SECOND MR. THOMPSON PASSED UNANIMOUSLY. PLANNING AND ZONING COMI~ISSION REGULAR MEETING MINUTES OCTOBER 5, 1989 PAGE TWO HONE OCCUPATIONAL LICENSE; KIRK'S WALLPAPER HANGING NO ONE IS PRESENT A MOTION TO POSTPONE THE APPLICATION UNTIL THE NEXT MEETING OR UNTIL SOMEONE CAN SHOW UP WAS MADE BY MR. THOMPSON SECOND BY MR. GILCHER PASSED UNANIMOUSLY. HOME OCCUPATIONAL LICENSE MARK MEAR'S SECRETARY ADVISES THAT MR. MEAR'S CALLED AND ASKED TO BE POSTPONED TO THE NEXT MEETING DUE TO VACATION. A MOTION TO POSTPONE TO THE NEXT MEETING WAS MADE BY MR. THOMPSON SECOND MR. GILCHER PASSED UNANIMOUSLY. A MOTION TO MOVE THE MARINE RESOURCES DISCUSSION DOWN TO LAST ITEM ON AGENDA BECAUSE MR. MESSERSMITH NEEDS TO BE EXCUSED AS QUICKLY AS POSSIBLE WAS MADE BY MR. THOMPSON, SECOND MR. GILCHER PASSED UNANIMOUSLY. SITE PLAN - OLD DIXIE WAREHOUSE RAYMOND WALLACE 025 OLD DIXIE IS PRESENT MRS. TAYLOR ASKS WHAT THE USE WILL BE AND WHETHER THERE WILL BE ANY EMPLOYEES. MR. WALLACE STATES MAIL ORDER BUSINESS AND NO EMPLOYEES. MR. GILCHER ASKS HiM TO EXPAND ON WHAT THE MAIL ORDER BUSINESS IS - HE STATES BROTHER MAKES PLASTIC AMMUNITION BOXES AND HE IS THE SOLE DISTRIBUTOR OF THEM. ME. GILCHBR STATES THERE IS A ONE-WAY SIGN ON THIS ROAD AND BRUCE STATES IT SHOULD NOT BE THERE IT SHOULD SAY ONE LANE NOT ONE WAY. MR. GILCHER ASKS IF THE LETTERS HAD BEEN RECEIVED AS REQUIRED BY CODE AND ADDRESSED IN MR. MESSERSMITHS LETTER OF REVIEW, NONE HAVE BEEN RECEIVED. A MOTION TO APPROVE THE 621 OLD DIXIE WAREHOUSE SITE PLAN WITH PROViSO'S THAT MOST OF THE QUERIES OF MR. MESSERSMITHS LETTER DATED 9-25 AND 9-2? BE RESOLVED PRIOR TO ISSUANCE OF A BUILDING PERMIT WAS MADE BY MR. MAHONEY SECOND MR. GILCHER PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION REGULAR F~EETING MINUTES OCTOBER 5, 1989 PAGE THREE SITE PLAN - ALAN FRENCH ALAN FRENCH - LAKE WORTH FLORIDA AND JANE LEWIS ARE PRESENT TO DISCUSS THE PROJECT MS, LEWIS GIVES A SHORT DESCRIPTION OF THE PROJECT MR, THOMPSON STATES HE iS VERY IMPRESSED WITH ABILITY TO SAVE THE TREES ON THIS PROPERTY AND IS VERY MUCH IN FAVOR OF PROJECT. MRS. TAYLOR GIVES BASICALLY THE SAME COMMENT SECTION 20AlO,2J OF THE LAND DEVELOPMENT CODE WAS QUESTIONED BY MR. MAHONEY AND WHETHER IT WOULD APPLY TO THIS PROJECT HE STATES HE WOULD FEEL BETTER WITH A LEGAL OPINION ON THE MATTER. HE ALSO ASKS REGARDING THE DRAINAGE EASEMENT AND WHETHER iT IS A PROBLEM, FuR. MESSERSMITH STATES iT IS NOT A PROBLEM FOR THE PROJECT. MOST OF THE OTHER COMMISSIONERS ALL FEEL iT iS A GOOD PROJECT AND ARE PLEASED WITH ITS APPEARANCE. A MOTION TO APPROVE THE SITE PLAN FOR THE SEBASTIAN OAKS RESIDENTIAL TRI-PLEX ON LOTS 11 AND 12 OF THE W, A. MARTIN SUBDIVISION AT APPROXIMATELY 921 INDIAN RIVER DRIVE BASED ON THE THREE COMJ(ENTS LISTED IN THE LETTER FROM THE TRC COMMITTEE DATED SEPTEMBER 29, 1989 WAS MADE BY MR. THOMPSON SECOND BY MR. GILCHER UNDER DISCUSSION MR. MAHONEY ASKS iF MR. THOMPSON WILL ADD A LEGAL OPINION FROM THE CITY ATTORNEY TO THE CONTINGENCIES AND MR. THOMPSON STATES NO WILL NOT CHANGE HIS MOTION. MR. MAHONEY MAKES AN AMENDMENT TO THE MAIN MOTION THAT A LEGAL OPINION BE REQUIRED FOR SECTION 20A10.23 B AND D TO ADVISE IF THEY APPLY TO THIS PROJECT AS STATED ON PAGE 688 OF THE CODE SECOND BY MR, GILCHER ROLL CALL ON THE AMENDMENT - MR. THOMPSON AND MRS. KILKELLY VOTE NO ALL OTHERS VOTE YES - AMENDMENT PASSES MR. THOMPSON AND MRS. KILKELLY CONCUR THAT THE REASON FOR THEIR VOTING NO IS THE FACT THAT THIS IS A GOOD PROJECT AND IT SHOULD NOT BE TURNED DOWN. MR, GiLCHER MADE AN AMENDMENT TO THE MOTION THAT A WAIVER BE GIVEN TO 20AS.SF ALLOWING FOR LESS THAN STANDARD WIDTH OF DRIVE SECOND BY MR. THOMPSON - PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES OCTOBER 5, 1989 PAGE FOUR A ROLL CALL ON THE MAIN MOTION RESULTED IN UNANIMOUS APPROVAL. MR. THOMIoSON STATED HE FELT THAT ONE OF THE AMENDMENTS MADE ON THIS SITE PLAN COULD DISAPPROVE THE PLAN AND HE PERSONALLY FEELS IT SHOULD NOT HAVE BEEN MADE. MR. COOPER ASKS TO BE EXCUSED AT THIS POINT IT IS 8:00 P.M. Nd~S. TAYLORS REQUEST FOR REAPPOINTMENT A MOTION TO RECOMMEND MRS. TAYLOR BE REAPPOINTED TO CITY COUNCIL WAS MADE BY MR. MAHONEY SECOND MR GILCHER PASSED UNANIMOUSLY. MARINE RESOURCE REPRESENTATIVE JOHN RIPOSA SPEAKS MR RIPOSA GOES OVER THE BASIC DETAILS OF THE ORDINANCE AND STATES HE WOULD LIKE TO SEE CITIES ADOPT ALL OR PART OF IT AND iS AVAILABLE TO WORK WITH THEM REGARDING THIS MATTER. I(R. WADSWORTH STATES HE WOULD LIKE TIME TO REVIEW AND FEELS A SPECIAL WORKSHOP SHOULD BE HELD MR. THOMPSON STATES STAFF SHOULD REVIEW AND RECOMMEND TO THE COMMISSION THEIR FINDINGS AND MRS. KILKELLY AGREES. MR. MAHONEY ALSO ASKS FOR A WORKSHOP ON THIS ITEM BUT FEELS IT SHOULD COME AFTER STAFF RECOMMENDATIONS. PETER JONES AGREES THAT A WORKSHOP AFTER STAFF REVIEW IS THE RIGHT WAY TO GO. DAVE FISHER GIVES HIS COMMENTS REGARDING STAFF HAVING TIME TO REVIEW THIS FOR COMPARISON REFERENCE CODE VS ORDINANCE. MR. RIPOSA STATES HE WILL WORK WITH STAFF AND ATTEND THE WORKSHOP IS REQUIRED. A MOTION TO THANK THE MARINE RESOURCE COUNCIL FOR THEIR PRESENTATION AND THAT WE SEND THIS DRAFT OF THE MODEL STORMWATER ORDINANCE TO CITY STAFF FOR REVIEW AND RECOMMENDATIONS AND THEN WE WiLL ESTABLISH A DATE FOR THE WORKSHOP WAS MADE BY MR. GILCHER SECOND MRS. KILKELLY PASSED UNANIMOUSLY. PLANNING AND ZONING CON_W[ISSION REGULAR MEETING MINUTES OCTOBER 5, 1989 PAGE FIVE A 10 SIN RECESS WAS TAKEN AT THIS POINT - 8:30 P,M, CALLED BACK TO ORDER AT 8:45 P,M. ALL PRESENT MEMBERS MATTERS; MR. WADSWORTH ASKS DAVE FISHER FOR HIS COMMENTS MR. FISHER ADVISES THEM THAT AS SOON AS A SITE PLAN IS RECEIVED THEY WILL BE ADVISED AND THEY CAN COME TO THE OFFICE TO REVIEW THE FILE COPY EVEN BEFORE IT IS PRESENTED TO THEM IF THEY LIKE. MRS. KILKELLY HAS NO MATTERS MR, GILCHER STATES THAT AT THE 9-7-89 MEETING A REZONING WAS APPROVED FOR A NURSERY AND THE NURSERY IS THERE NOW AND HE WISHES TO KNOW THE STATUS OF THE ENFORCEMENT. PETER STATES ENFORCEMENT IS ON THE WAY THAT BRUCE IS HANDLING THIS PERSONALLY, MR. GILCHER STATES THAT THE COMMISSION LEFT THE CROSSWALK ISSUE OPEN FOR THE SEBASTIAN INLET MARINA AND HE MAKES A MOTION TO HAVE STAFF WRITE A LETTER TO MR. DAVIS REGARDING THE CROSSWALKS TO EXPEDITE THE MATTER. SECOND MRS. TAYLOR PASSED UNANIMOUSLY. MR. GILCHER ALSO ASKS REGARDING THE NEW 512 ORDINANCE AND PETER STATES STAFF HAS NOT WORKED ON IT MR, GILCHER STATES HE WiLL YIELD THE FLOOR TO MRS. TAYLOR AT THIS POINT WHO HAS AN IMPORTANT ITEM TO BRING UP. MRS. TAYLOR BRINGS UP HOME OCCUPATIONAL LICENSES AND FEELS THE CITY SHOULD NOT ALLOW THEM AT ALL ANY MORE. PETER CONCURRED WITH HER. MRS. TAYLOR MADE A MOTION TO ASK BRUCE TO HELP CREATE AN ORDINANCE TO DELETE HOME OCCUPATIONAL LICENSES FROM THE CODE SECOND BY ~ MAHONEY UNDER DISCUSSION IT WAS ADDED THAT THE ORDINANCE SHOULD ALSO HAVE SOME GUIDELINES FOR ATTRITION ON EXISTING LICENSES. AN AMENDMENT TO THE MOTION TO PLACE THIS ON THE NEXT AGENDA AND URGE EACH MEMBER TO HAVE iNDiVIDUAL THOUGHTS IN WRITING AT THE MEETING WAS MADE BY MR. GILCHER SECOND MRS. KILKELLY AMRNDKENT PASSED UNANIMOUSLY. MR. THOMPSON AND MRS. KILKELLY VOTED NO ON THE MAIN MOTION ALL OTHERS VOTED YES - MR. GILCHER ASKS REGARDING THE COMP PLAN AND PETER STATES IN CONTACT WITH PRINTER WILL HAVE SOME COPIES AVAILABLE SOON PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES OCTOBER 5, 19S9 PAGE SIX PETER ALSO STATES WE ARE SCHEDULED TO BE ON THE OCTOBER 20, 1989 AGENDA FOR THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR DISCUSSION OF OUR PLAN. PETER IS ASKED WHAT EVER HAPPENED TO THE REQUEST TO REZONE TRACT A ON CR 512 AND HE STATES THE OWNER DECIDED NOT TO PURSUE IT AT THIS TIME. MR. MAHONEY ASKS REFERENCE THE 512 REZONING AND THE APRIL DEADLINE TOLD TO SOME OF THE MERCHANTS THERE BY BRUCE. PETER STATES THAT IT IS PROBABLY DUE TO THE NEW ORDINANCE SETTING THE TIMES WHEN AMENDMENTS TO THE PLAN CAN BE SUBMITTED TO DCA. MR. THOF~PSON STATES HE SEEMS TO REMEMBER THAT IT WAS SUPPOSE TO BE A PART OF OUR COMPREHENSIVE PLAN THAT HE THOUGHT THAT WAS WHY IT WAS BROUGHT UP SO QUICKLY AND PASSED THROUGH ALSO THAT THE TRACT A WOULD BE A PART OF THE COMP PLAN TOO. PETER TO CHECK AND ADVISE, MR. THOMPSON ASKS THE STATUS OF THE MAIN STREET STRAIGHTENING AND DAVE FISHER GIVES A REPORT. MR. WADSWORTH ASKS THE SECRETARY TO FOLLOW UP ON THE COMMISSION REQUEST TO CITY COUNCIL REGARDING THE DRAINAGE HEIGHTS AND RIGHT OF WAYS MR. WADSWORTH ANNOUNCES THAT THE ANNEXATION COMMITTEE WILL HOLD A IIEETING AT 10 A.M,, ON TUESDAY 10-10 IN THE ENGINEERING OFFICE. MRS. KILKELLY ASKS iF DONNA KEYS CAN SAY A FEW WORDS BEFORE THE MEETING IS ADJOURNED DONNA KEYS STATES SHE HAS HEARD THAT SHE SHOULD NOT BE INVOLVED IN PRO3ECTS IN THE CiTY SINCE SHE IS NOT A RESIDENT AND WOULD LIKE THE COMMISSIONS FEELING SINCE THERE WILL PROBABLY BE AN ITEM ON THE NEXT AGENDA REGARDING THE ARCHITECTURAL REVIEW COMMITTEE AND SHE WOULD NOT THE FACT THAT SHE IS NOT A CITY RESIDENT TO HINDER THE DISCUSSION IN ANY WAY THE COMMISSION INFORMED HER THAT SINCE SHE HAS A PLACE OF BUSINESS IN THE CITY SHE HAS AS MUCH RIGHT TO CARE ABOUT WHAT IS GOING ON AS ANYBODY ELSE AND THEY HAD NO PROBLEM WITH HER. THE MEETING WAS THEN ADJOURNED AT 9:40 P.M. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 PLANNING AND ZONING COMMISSION REGULAR MEETING AGENDA OCTOBER 5TH, 1989 CALL TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES; SEPTEMBER ?TH, 1989 REGULAR MEETING SEPTEMBER 21ST, 1989 REGULAR MEETING OLD BUSINESS; NONE NEW BUSINESS: HOME OCCUPATIONAL LICENSE - KIRK'S WALLPAPER HANGING HOME OCCUPATIONAL LICENSE - MARK MEAR'S MARINE RESOURCE REPRESENTASTIVE - DISCUSSION SITE PLAN - OLD DIXIE WAREHOUSE - RAYMOND WALLACE SITE PLAN - MULTI FAMILY APTS - ALAN FRENCH REAPPOINTMENT - MAYMR TAYLOR CHAIRN~NS MATTERS; MEMBERS MATTERS; ATTORNEYS MATTERS; ENGINEERS MATTERS; BUILDING OFFICIAL MATTERS; CITY PLANNER MATTERS; ADJOURN 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. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 HAIN STREET INDIAN RIVER COUNTY SEBASTIAN, FLORIDA THB PLANNING AND ZONING COMHI~ION OF THE CITY OF ~EBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A REGULAR HEETING ON THURSDAY, OCTOBER 5TH, 1989 AT 7:00 P.H. IN THE CITY COUNCIL CHAHBERS, 1225 ~AIN STREET, SEBASTIAN, FLORIDA.