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HomeMy WebLinkAbout10171985 PZ140WAk ,.4� -PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES ®C -c. ►'l,igssS MEETING WAS CALLED TO ORDER BY CHAIRMAN EISENBARTH AT 7:00 P.M. PRESENT: MR. JEWELL THOMPSON MR. WILLIAM MAHONEY MR. STANLEY KRULIKOWSKI MR. JAMES WADSWORTH MR. ROBERT MCCARTHY (ALTERNATE MEMBER) CHAIRMAN HAROLD EISENBARTH ABSENT: MR. ROBERT FULLERTON (EXCUSED) MRS. EDRA YOUNG (EXCUSED) ALSO PRESENT: MR. HECTOR FRANCO, CITY ENGINEER, AND MR. THOMAS PALMER, CITY ATTORNEY. ANNOUNCEMENTS: CHAIRMAN EISENBARTH STATED THAT HE WANTED TO INFORM THE COMMISSION THAT MR. JOHN HAMILTON NOW HAS A SITE PIAN THAT THE CITY AND THE STAFF CAN AGREE WITH, AND AS FAR AS CHAIRMAN EISENBARTH KNOWS, MR. HAMILTON IS WELL ON HIS WAY TO GETTING HIS BUILDING PERMITS. MR. WADSWORTH STATED THAT HE WOULD LIKE TO MAKE SOME COMMENTS ON THE HAMILTON SITE PLAN LATER ON IN THE MEETING. APPROVAL OF MINUTES: MOTION BY MR. KRULIKOWSKI, SECONDED BY MR.THOMPSON, TO APPROVE THE MINUTES OF THE OCTOBER 3, 1985, PLANNING AND ZONING COMMISSION MEETING, AS WRITTEN. MOTION CARRIED. OLD BUSINESS: BARBER STREET FIRE STATION - HECTOR FRANCO: MR. HECTOR FRANCO, CITY ENGINEER, WAS PRESENT AND PRESENTED HIS REQUEST TO THE COMMISSION. MR. FRANCO STATED THAT THE FIRE DEPARTMENT DOES NOT HAVE TOO MUCH MONEY, AND HE HAS SUGGESTED TO THEM THAT THEY ADJUST THE PLANS OF THE FIRE STATION TO THE AMOUNT OF FUNDS THAT THEY HAVE. MR. FRANCO STATED THAT ONE CHANGE IS THAT INSTEAD OF HAVING SIX (6) BAYS, HE IS TAKING IT DOWN TO FOUR (4) BAYS. MR. FRANCO ALSO STATED THAT SOME OF THE SIDEWALKS ARE GOING TO BE DELETED. MR. FRANCO STATED THAT FOUR (4) CATCH BASINS ARE ALSO GOING TO BE DELETED, WHICH WILL NOT EFFECT THE DRAINAGE AT ALL. n MINUTES: PAGE 2 PLANNING AND ZONING COMMIS N OCTOBER 17, 1985 BARBER STREET FIRE STATION - HECTOR FRANCO (CONTINUED): MOTION BY MR. THOMPSON, SECONDED BY MR. MAHONEY, TO APPROVE THE REVISED SITE PLAN AS SUBMITTED BY MR. HECTOR FRANCO, CITY ENGINEER. MR. THOMPSON AMENDED HIS MOTION TO INCLUDE THAT THE REVISED SITE PLANS MUST BE SIGNED AND SEALED BY AN FLORIDA REGISTERED ENGINEER. MR. MAHONEY AMENDED HIS SECONDED TO INCLUDE THE ABOVE. ROLL CALL VOTE: AYES: MR. THOMPSON MR. MCCARTHY MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH CHAIRMAN EISENBARTH NAYS: NONE MOTION CARRIED. DISCUSSION RE: ANTENNA ORDINACE: MOTION BY MR. THOMPSON, SECONDED BY MR.KRULIKOWSKI, TO POSTPONE THE DISCUSSION ON THE ANTENNA ORDINANCE, AND PLACE IT AT THE END OF THE AGENDA. ATTORNEY PAIMER STATED HE WOULD LIKE TO RE -ADDRESS THE ORDINANCE, THAT HE HAS SENT AWAY FOR FIVE (5) OTHER ANTENNA ORDINANCES FROM DIFFERENT CITIES, AND HE IS (0011) NOT SATISFIED WITH THIS ORDINANCE AT ALL. MR. THOMPSON WITHDREW HIS MOTION. MR. KRULIKOWSKI WITHDREW HIS SECOND. MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, TO DELAY ANY ACTION ON THE ANTENNA ORDINANCE UNTIL ATTORNEY PAIMER HAS HAD AN OPPORUNITY TO REVIEW AND PRESENT THE COMMISSION WITH A NEW DRAFT OF THE ORDINANCE. MOTION CARRIED. NEW BUSINESS: MINOR SITE PLAN - LIN -MARC KENNELS -- STEVEN LINO: MR. ED PALUCH, PELICAN ENTERPRISES, INC. WAS IN ATTENDANCE AND REPRESENTED MR. STEVEN LINO. MR. pALUCH EXPLAINED THAT MR. LINO WOULD LIKE TO BUILD A 20' x 40' ADDITION TO HIS EXISTING BUILDING FCRSTORING AND DISTRIBUTING HIS PRODUCT. THERE WAS A LENGTHY DISCUSSION REGARDING THE NECESSARY STEPS MR. PALUCH NEEDS TO TAKE TO RE -SUBMIT A REVISED SITE PLAN. MR. PALMER STATED THAT MR. PALUCH WOULD NOT NEED TO HAVE THE SITE PLANS SIGNED AND em" STAMPED BY A REGISTED ENGINEER OR ARCHITECT. MINUTES: PAGE 3 (AwPLANNING AND ZONING C0MMISq-w&V OCTOBER 17, 1985 MINOR SITE PLAN — LIN MARC KENNELS — STEVEN LINO (CONTINUED): -11 MOTION BY MR. THOMPSON, SECONDED BY MR. MAHONEY, TO POSTPONE THIS SITE PLAN UNTIL THE PROPER APPLICATION AND REVISED SITE PLANS ARE SUBMITTED. MOTION CARRIED. SITE PLAN — PROPOSED SANDWICH SHOP — CHARLES SNIDER: THERE WAS NO ONE IN ATTENDANCE TO REPRESENT MR. CHARLES SNIDER. MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. WADSWORTH, TO POSTPONE THIS SITE PLAN UNTIL APPLICANT ADVISES THE COMMISSION WHEN HE CAN ATTEND THE NEXT PIANNING AND ZONING COMMISSION MEETING. MOTION CARRIED. SITE PLAN — SEBASTIAN CONGREGATION OF JEHOVAH'S WITNESSES: MR. CLINT BROWN WAS IN ATTENDANCE AND REPRESENTED THE SEBASTIAN CONGREGATION OF JEHOVAH'S WITNESSES. MR. BROWN STATED THAT HE AND MR. FRANCO HAVE MET AND DISCUSSED THE ITEMS OF RECOMMENDATIONS OF MR. RANDY MOSBY'S LETTER DATED SEPTEMBER 27, 1985, AND OF MR. FRANCOIS LETTER DATED OCTOBER 11, 1985. MR. FRANCO STATED THAT MR. BROWN HAS COMPLIED WITH ALL ITEMS OF MR. MOSBY' S LETTER Iamo� EXCEPT FOR ITEM TWO (2) AND ITEM SIX (6). MR. FRANCO ALSO STATED THAT MR. BROWN HAS COMPLIED WITH ALL ITEMS IN HIS LETTER EXCEPT FOR ITEMS ONE (1), THREE (3), AND FIVE (5). MR. FRANCO STATED THAT THE ITEMS LEFT TO BE ADDRESSED WERE THINGS THAT COULD BE HANDLED VERY EASILY AND THAT MR. BROWN HAS AGREED TO DO. MOTION BY MR. WADSWORTH, SECONDED BY MR. THOMPSON, TO APPROVE THE SITE PLAN CONTINGENT THAT ITEMS ONE (1), THREE (3), AND FIVE (5) OF MR. HECTOR FRANCO'S LETTER DATED OCTOBER 11, 19853 AND ALSO ITEMS TWO (2) AND SIX (6) OF MR. RANDY MOSBY'S LETTER DATED SEPTEMBER 273 1985, BE ADHERED TO AND THAT MR. FRANCO, CITY ENGINEER BE SATISFIED WITH THE REVISIONS. ALSO SECTION 20A -10.2F BE ADHERED TO. ROLL CALL VOTE: AYES: MR. THOMPSON MR. MCCARTHY MR. MAHONEY MR. WADSWORTH NASY: MR. KRULIKOWSKI CHAIRMAN EISENBARTH MOTION CARRIED. SITE PLAN — PROPOSED POLE BUILDING — SEMBLER & SEMBLER: MR. FART, MASTELLER, MASTELLER & MOLER ASSOCIATES, INC., WAS IN ATTENDANCE AND REPRESENTED MR. SEMBLER. MR. THOMPSON STATED THAT HE IS FILING A CONFLICT OF INTEREST FORM WITH THE PLANNING AND ZONING SECRETARY AND WILL NOT PARTICIPATE IN THE DISCUSSION OR VOTING OF THIS SITE PLAN. MINUTES: PAGE 4 PLANNING AND ZONING COM IISSI('� OCTOBER 17, 1985 SITE PLAN - PROPOSED POLE BUILIDNG - SEMBLER & SEMBLER (CONTINUED): THERE WAS A DISCUSSION REGARDING WHETHER OR NOT THIS SITE PLAN WOULD GENERATE ANY ADDITIONAL PARKING. MOTION BY MR. WADSWORTH, SECONDED BY MR. MCCARTHY TO APPROVE THE SITE PLAN. THERE WAS A DISCUSSION REGARDING THE SIDE AND REAR YARD SETBACKS. MR. WADSWORTH WITHDREW HIS MOTION. MR. MCCARTHY WITHDREW HIS SECOND A LENGTHY DISCUSSION WAS AGAIN HELD REGARDING ADDITIONAL TRAFFIC FLOW AND SETBACK REQUIREMENTS. MOTION BY MR. WADSWORTH, SECONDED BY MR. MAHONEY, TO APPROVE THE SITE PLAN CONTINGENT ON THE REQUIRED SETBACKS ARE ADDRESSED AND ADHERED TO. ROLL CALL VOTE: AYES: MR. MCCARTHY MR. MAHONEY MR. WADSWORTH NAYS: MR. KRULIKOWSKI CHAIRMAN EISENBARTH MOTION CARRIED. MINOR SITE PLAN - TRINITY LUTHERN CHURCH - UTILITY SHED: MR. CLARENCE RICH WAS PRESENT AND REPRESENTED THE TRINITY LUTHERN CHURCH. THERE WAS A DISCUSSION REGARDING AN APPROVED SITE PLAN FOR THE ORIGINAL BUILDING OF THE CHURCH. MR. FRANCO STATED THAT IF HIS DEPARTMENT COULD HAVE FOUND AN APPROVED SITE PLAN THAN THE UTILITY SHED COULD BE ADDRESSED JUST AS A MINOR MODIFICATION TO AN APPROVED SITE PLAN. THE ONLY DRAWING THAT COULD BE FOUND WAS AN ADDITION TO THE CHURCH BACK IN 19813 BUT NO STAMPS OF APPROVAL WERE ON IT. MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, TO APPROVE THE SITE PLAN AS PRESENTED AND WAVIE THE APPLICATION FEES. ATTORNEY PALMER STATED THAT HE DOES NOT BELIEVE THE ORDINANCE TALKS ABOUT THE COMMISSION HAVING THE RIGHT TO WAIVE FEES. ATTORNEY PALMER STATED THAT HE BELIEVES THE CITY COUNCIL COULD POSSIBLY WAIVE THE FEES, BUT NOT THE PLANNING AND ZONING COMMISSION. MR. THOMPSON WITHDREW HIS MOTION. MR. WADSWORTH WITHDREW HIS SECOND. MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, TO APPROVE THE SITE PLAN SUBJECT TO THE CITY ENGINEER GETTING ALL HIS QUESTIONS ANSWERED. MINUTES: PAGE 5 PLANNING AND ZONING COb~MISSi OCTOBER 17, 1985 MINOR SITE PLAN - TRINITY LUTHERN CHURCH - UTILITY SHED (CONTINUED): ROLL CALL VOTE: AYES: MR. THOMPSON MR. MCCARTHY MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH CHAIRMAN EISENBARTH NAYS: NONE MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, TO RECOMMEND TO THE CITY COUNCIL TO WAIVE THE APPLICATION FEES FOR THE TRINITY LUTHERN CHURCH. MOTION CARRIED. MOTION BY MR. THOMPSON, SECONDED BY MR..WADSWORTH, TO APPROVE PAYMENT TO SEBASTIAN BUSINESS SUPPLY, INC. FOR BUSINESS SUPPLIES IN THE AMOUNT OF $30.60 AND $63.32, MAKING A GRAND TOTAL OF $93.92. MOTION CARRIED. MOTION BY MR. WADSWORTH, SECONDED BY MR. TH(I~PSON, TOAPPROVE PAYMENT TOMR. RANDY MOSBY OF MOSBY-ROBBINS AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES RENDERED IN THE AMOUNTOF $859.28. THERE WAS A SHORT DISCUSSION REGARDING THE PLANNING AND ZONING C(]v~{ISSION'S BUDGET. MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, SINCE THE COb~MISSION NOW HAS A REPRESENTATIVE PRESENT TO REPRESENT MR. CHARLES SNIDER FOR THE PROPOSED SANDWICH SHOP, THAT THE COi~4ISSION PUT IT BACK ON THE AGENDA. MOTION CARRIED. THERE WAS A DISCUSSION REGARDING TIlE NECESSARY ITEMS MR. HARLEN PETERSON, ENGINEER FOR THIS PROJECT, WOULD NEED TO COMPLY WITH IN RESUBMITTING A REVISED SITE PLAN, MOTION BY MR. WADSWORTH, SECONDED BY MR. THOMPSON, TO POSTPONE THIS SITE PLAN UNTIL A REVISED SITE PLAN IS RE-SUBMITTED. MOTION CARRIED. CHAIRMAN' S MATTERS: CHAIRMAN EISENBARTH HANDED OUT PROCLAMATIONS TO MEMBERS OF THE PLANNING AND ZONING ~SSION WHO WERE NOT ABLE TO ATTEND THE COUNCIL MEETING ON OCTOBER 9, 1985. MINUTES: PAGE 6 OPIANNING AND ZONING C(~SSiO~ OCTOBER 17, 1985 MR. KRULIKOWSKI STATED THAT HE BELIEVED THAT EACH Mt,/V~SER OF THE COMMISSION RECEIVE A SET OF SITE PLANS FOR EACH PROJECT. CHAIRMAN EISENBARTH STATED THAT HE WAS UNDER THE IMPRESSION THAT THE C~SSION HAD MADE AND PASSED A MOTION TO REQUEST ELEVEN (11) COPIES OF ALL SITE PLANS. ATTORNEY PALMER STATED THAT WAS CORRECT. CHAIRMAN EISENBARTH ASKED THE PLANNING AND ZONING COb~4ISSION SECRETARY~ iIF THAT WAS IN FORCE NOW. THE PLANNING AND ZONING SECRETARY STATED THAT IT WAS NOT IN FORCE YET. ATTORNEY PALMER ASKED WHY NOT. THE SECRETARY EXPLAINED THAT SHE HAD REQUESTED iN WRITING ON SE~ER 9, 1985, FROM CITY CLERK, DEBORAH C. KRAGES, IF IT TOOK AN ACT OF COUNCIL OR APPROVAL OF JUST HER AS CITY CLERK, TO AT.TOW THE ADDING OF A REQUIREMENT OF ELEVEN (11) COPIES OF ALL SITE PLANS FOR THE PLANNING AND ZONING C(lv~fiSSION. THE SECRETARY REQUESTED THIS INFORMATION BECAUSE MRS. KRAGES TOLD THE SECRETARY TO THE PLANNING AND ZONING COMMISSION, SHE, MRS. KRAGES, BELIEVED THE CODE MIGHT STATE THAT SHE HAD TO APPROVE ANYTHING OF THIS NATURE. ATTORNEY PAhMER INSTURCTED THE SECRETARY TO THE PLANNING AND ZONING C(IMMISSION TO TELL APPLICANTS THAT WHEN THEY WANT TO GET. THINGS BEFORE THIS COMvIISSION iT REQUIRES ELEVEN (11) COPIES OF SITE PLANS, OR IT DOES NOT GET PRESENTED TO THIS COl~vriSSlON, OR TO HECTOR FRANCO THE CITY..ENGINEER. THERE WAS A DISCUSSION REGARDING CHANGE IN USE IN BUILDINGS, AND WHETHER OR NOT THEY NEEDED TO CCME BEOFORE THE CO~vRSSION WITH A SITE PLAN. MR. MAHONEY STATED THAT HE HAS BEEN TOLD THAT CITY HALL HAS TOLD CERTAIN PEOPLE THAT TO START A BUSINESS IN A BUILDING THEY NEED TO GO SITE PLAN. ATTORNEY PAhMER STATED THAT WAS NOT TURE IN ALL CASES. ATTORNEY PALMER STATED THAT IF IT IS A CHANGE IN USE THAT IS AN INTENSIViCATION IN USE, THEN THE PERSON WOULD HAVE TO ADDRESS MOSTLY PARKING AND lANDSCAPING. MR. JIM IAWDEN REQUESTED TO SPEAK TO THE ~SSION REGARDING HiS GASOLINE STATION. THE COMMISSION ADVISED MR. LAWDEN THAT HE CAN PAYA$100.O0 APPLICATION FEE TO HAVE A PRE-APPLICATION CONFERENCE OR TO BE PUT ON THE AGENDA TO HAVE A CONFERENCE WITH THE PLANNING AND ZONING CO~fiSSION. MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. WADSWORTH, TO ADJOURN THE MEETING. MEETING ADJOURNED AT 9: 15 P.M. M ,OF VOTICONFLICT L'~'" ~"M  SERVE IS A UNIT OF~ · ~LING ~RESS CI~ ~0~ DATE ON ~HIC~ ~'~ ~CURRED WHO MUST FILE FORM 4 ' This form is for use by any perS~'$?rvin~ o.' ~ither ~i appointed, o~:eie~cii board, Council. commission, .utho~ty. or committ~. wbetber state or local, and it appli~ ~uallY'tO m~m~rs of adv~y ~nd ~on~dviSo~ bodi~'who are fn~ with a votinS conflict of As t~e voti.~ conill~ ~quirene.ts for public officers at ~he'l~al ~cl'diff~r from thc r~q.i~n~.ts for s~te offi~r~, t~ form ~ into two parts: PART A is for u~ by persons .rvi.~ o. 1~1 bonrds (nu.icipal, co..ty. ~c~l ~x district,, crc.), w~ilc PART prescri~d for ~!1 otber b~rds, i.e., tho~ nt thC'state level. " PART C of the form contains instructions as to when and where thi~ form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICER8 · [Required by Section Il 2.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other localpublic officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by pub{lelY stating'to thc assembly the nature of his interes~{/i.themattm"onwhich h~]~~ abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest asa public record in this part below; NOTE: Commissioners of a Community Redevelopment.Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one"acre, one-vote basis are not prohibited from voting. In such Ca~es, however, the oral and written disclosure ~f this part must be made. I, the undersigned local public officer, hereby disclose t .. /,., 7_ ~gp,/,e .. , 19 g~'~, ..i , (a) I a~bs~ed from voting.on a matter whtch (check one): P' inured to my special private gain; or · , inured to the special gain of ' · ., by whom I am retained. CF. FORM 4- REV. 10,84 PAGE (b) The measure on 'WhiCh I a~tained Ae nature~bf my_inter~st iii 'the measure is as~'ll~Ws:~ ~/_ ', ~/.~ * ' Date Filed Please see PART C for instructions on when and where PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required bySecti:on 112.3t43(2),.Florida Statutes (Supp. 1984).] . · Each state pu~~ is permitted to-vote-In-his '~fflc~l-~i~c~- on any-rn~tt~r. H-o~W'¥er, ~n~/-5-~t~e'bffic~r' ~vh'6 vot~ 'in hi~. offi~i~~ capacityupon any measure which inures to his special Private gain or the special gain of any principal by whom he is retained is required to disc'losethc nature of his interest as :a public record= in Part B below within 15 days after the vote occurs; I, the undersigned officer of a'State agency, hereby disclose that on' ,19 : (a) I voted on a matter which (check one): .... inured to my special, private gain; or ~ inured to the special gain of (5) The measure on which I Voted afld thc nature;of.my interest .in the measure is as follows: , by whom I am retained. Date Filed Signature Ple~S~--s~e,p~-.~.-~-~-~w for instructions on when and where to file this form. PART C FILING INSTRUCTION8 responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not 5e filed merely to indicate the absence of a voting .conflict. NOTICE: uNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317(1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND M/ BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL. OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO ENCEED $~,000. ',E FORM 4- REV. 10-84 PAGE 2 Jim Gallagher Mayor City of Sebastian POST OFFICE BOX 127 r'l SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 PLANNING AND ZONING CC~MISSION OCTOBER 17, 1985 AGENDA CAI3~ TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES - OCTOBF~R 3, 1985 OLD BUSINESS: BARBER STREET FIRE STATION - HECTOR FRANCO DISCUSSION RE: ANTENNA ORDINANCE NEW BUSINESS: MINOR SITE PLAN - LIN-MARC KENNELS - STEVEN LINO SITE PLAN - PROPOSED SANDWICH SHOP - CHARLES SNIDER SITE PLAN - SEBASTIAN CONGREGATION OF JEHOVAH'S WITNESSES --PROPOSED CHURCH SITE PLAN ~ PROPOSED POLE BUILDING - SEMBLER & SEMBLER MINOR SITE PLAN - TRINITY LUTHERN CHURCH - UTILITY SHED APPROVE PAYMENT - SEBASTIAN BUSINESS SUPPLY, INC. APPROVE PAYMENT - MOSBY-ROBBINS AND ASSOCIATES, INC. CHAIRMAN' S MAT~ERS: MM~B~' S MATTERS: ATTORNEY' S MATlY~RS: ENGINEER' S MATTERS: ADJOURN Deborah C. Krages City Clerk