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HomeMy WebLinkAbout10201994 PZ City of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA PLANNING ieg~D ZONTI~ COI~ISSION THURSDAY, OCTOBER 20, 1994 7-*00 P.M. 1. OALLTOORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES~ REGULAR MEETING OF OCTOBER 6, 1994 5. OLD BUSINESS: PUBLIC HEARING CONTINUED - AMENDMENT TO COMPREHENSIVE PLAN REGARDING NON-CONFORMING MOBILE HOME PARKS DISCUSSION - AMENDING LAND DEVELOPMENT CODE REGARDING THE TYPE OF CONSTRUCTION FOR ACCESSORY STRUCTURES DISCUSSION - PLANTING IN THE RIGHT-OF-WAY 6. NEMBUSINESS~ PUBLIC HEARING - HOME OCCUPATION LICENSE - JOAN'S SERVICE PUBLIC HEARING - HOME OCCUPATION LICENSE ~ INDIAN RIVER INSURANCE & INVESTMENTS PUBLIC HEARING - HOME OCCUPATION LICENSE - J&B LAWN SERVICE PUBLIC HEARING - HOME OCCUPATION LICENSE' - BROWNING TYPESETTING PUBLIC HEARING - REZONING & LAND USE - RENE VAN DEVOORDE RECOMMENDATION TO CITY COUNCIL FOR MINOR SUBDIVISION PLAT FOR SEBASTIAN ACRES 7. CHAIRMANS MA']L'TERS: 8. MEMBERS MATTERS: 9. ATTORNEYS MATTERS: 10. BUILDING OFFICIAL MATTERS~ APPROVAL FOR PROPANE DISPENSING PLANT AT 822 S. U.S. #1 FOR TRI'COUNTY GAS 11. 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 REGULAR MEETING OCTOBER 20, 1994 CHAIRMAN THOMPSON OPENED THE MEETING AT 7:04 P.M. ROLL CALL: PRESENT: MR. MUNSART MR. SHROYER MR. THOMPSON MR. GOLDSTEIN MRS. BRANTMEYER MR. FALKE MR. FISCHER EXCUSED: MR. BARNES MR. SCHULKE (001' ALSO PRESENT: BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT/BUILDING OFFICIAL MR. TIMOTHY WILLIAMS, CITY ATTORNEY DORRI BOSWORTH, SECRETARY ANNOUNCEMENTS: MRS. BRANTMEYER WILL BE VOTING IN PLACE OF MR. BARNES TONIGHT. ON OCTOBER 13, 1994, MR. THOMPSON APPROVED A MINOR MODIFICATION TO THE SITE PLAN OF CAPTAIN HIRAM'S, 1606 INDIAN RIVER DRIVE, FOR REPLACEMENT OF A CANVAS AWNING WITH A WOOD STRUCTURE. THIS REPLACEMENT INCREASED THE SEATING AREA BY 57 SQ. FT. BUT DID NOT CHANGE THE SEATING REQUIREMENTS. MR. SHROYER MADE A MOTION TO TAKE THE FOUR HOME OCCUPATIONAL LICENSES UNDER NEW BUSINESS AND PLACE THEM AHEAD OF OLD BUSINESS. MR. FISCHER SECONDED THE MOTION. AFTER DISCUSSING THE ORDER OF THE MEETING REGARDING THE CONTINUANCE OF THE PUBLIC HEARING ON AMENDING THE COMPREHENSIVE PLAN REGARDING NON -CONFORMING MOBILE HOME PARKS FROM THE PREVIOUS REGULAR MEETING OF OCTOBER 6TH, MR. SHROYER RESCINDED HIS FIRST MOTION, AGREEING r PLANNING AND ZONING COMMISSION PAGE TWO REGULAR MEETING OF OCTOBER 20, 1994 r"'1 THAT THE CONTINUANCE SHOULD BE FIRST. HE THEN MADE A NEW MOTION TO MOVE THE HOME OCCUPATIONAL LICENSES AFTER THE OLD BUSINESS OF THE CONTINUED PUBLIC HEARING ON AMENDING THE COMP. PLAN REGARDING NON- CONFORMING MOBILE HOME PARKS. MR. FISCHER SECONDED THE NEW MOTION. A VOICE VOTE WAS TAKEN, 7-0 MOTION CARRIED. APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. FALKE TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 6, 1994, AS PRESENTED. MR. MUNSART SECONDED THE MOTION. UNDER DISCUSSION, MR. FISCHER NOTED THAT THE MINUTES OF THE OCTOBER 6TH MEETING DID NOT SHOW THAT CHAIRMAN THOMPSON'S ABSENCE WAS EXCUSED. MR. THOMPSON ASKED THAT THE RECORD SHOW HE WAS EXCUSED AND THAT THE MINUTES OF THE OCTOBER 6TH MEETING REFLECT THAT INFORMATION. A VOICE VOTE WAS TAKEN ON THE APPROVAL, 7-0 MOTION CARRIED. OLD BUSINESS: CONTINUATION OF PUBLIC HEARING - AMENDMENT TO COMPREHENSIVE PLAN REGARDING NON -CONFORMING MOBILE HOME PARKS: CHAIRMAN THOMPSON OPENED THE PUBLIC HEARING AT 7:12 P.M. MR. COOPER REVIEWED THE PROPOSED AMENDMENT. THERE IS A CONFLICT BETWEEN THE EXISTING LANGUAGE IN OUR ADOPTED COMPREHENSIVE PLAN REGARDING NON -CONFORMING TRAILER PARKS AND THE REPLACEMENT OF THOSE MOBILE HOMES. A NON -CONFORMING TRAILER PARK WOULD BE A MOBILE HOME PARK THAT IS LOCATED WITHIN A ZONING DISTRICT THAT IS NOT PERMITTED UNDER CURRENT REGULATIONS. THERE ARE A COUPLE OF THESE PARKS IN THE RIVERFRONT DISTRICT. THE LAND DEVELOPMENT CODE IS VERY CLEAR IN THAT ASPECT BUT THAT IS WHERE IT IS IN CONFLICT, WHERE IT WOULD BE PROHIBITIVE TO A NON -CONFORMING STRUCTURE SUCH AS A MOBILE HOME OR A MOBILE HOME IN A TRAILER PARK TO BE REPLACED AFTER ITS BEEN MOVED FOR WHATEVER REASON. THEREFORE, UNDER THE GROWTH MANAGEMENT ACT AND THE REQUIREMENTS OF THE FLORIDA STATUTES, THE LAND DEVELOPMENT CODE MUST BE CONSISTENT WITH OUR COMPREHENSIVE PLAN. WE MUST CHANGE ONE THE THEM AND STAFF RECOMMENDS CHANGING THE COMPREHENSIVE PLAN. (49*') BECAUSE THIS CONCERNS NON -CONFORMING USES IN THE RIVERFRONT DISTRICT, AND THE OBJECT IS TO HAVE ALL CONFORMING USES EVENTUALLY, (401hl) ALLOWING THE REPLACEMENT OF MOBILE HOMES WOULD BE NON -CONDUCIVE PLANNING AND ZONING COMMISSION REGULAR MEETING OF OCTOBER 20, 1994 PAGE THREE TO THE PLAN. THAT IS WHY STAFF RECOMMENDS AMENDING THE COMPREHENSIVE PLAN TO ALLOW NO REPLACEMENT OF MOBILE HOMES, THUS BECOMING COMPATIBLE WITH THE LAND DEVELOPMENT CODE. THIS CAN BE DONE BY ELIMINATING THE LAST SENTENCE OF THE PARAGRAPH IN CONFLICT WITH THE LAND DEVELOPMENT CODE. MRS. FOSTER, WHO, AT THE PREVIOUS MEETING HAD A DISCUSSION REVEALING WHAT PROBLEMS THE CONFLICTING CODES CAUSED HER, IS NOT PRESENT AT THIS MEETING TO CONTINUE HER CASE. THE COMMISSION IS ADVISED TO CONTINUE THE HEARING LATER IN THE AGENDA AS A COURTESY TO MRS. FOSTER, IN CASE SHE COMES LATE. MR. FALKE MADE A MOTION TO DO SO. MR. FISCHER SECONDED IT. VOICE VOTE WAS TAKEN, NEW BUSINESS: 7-0 MOTION CARRIED. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - JOANtS SERVICE PUBLIC HEARING OPENED AT 7:18 P.M. JOAN CLONTZ LIVES AT 668 LAKE DRIVE, SEBASTIAN. MS. CLONTZ WOULD LIKE TO RUN A LAWN AND PRESSURE CLEANING SERVICE FROM HER HOME. 18 NOTICES WERE SENT OUT TO NEIGHBORING RESIDENCES. THERE WERE NO OBJECTION OR NON -OBJECTIONS RECEIVED. STAFF INQUIRED IF ANY SORT OF TRUCK WAS USED FOR THIS BUSINESS. MS. CLONTZ STATED YES AND THAT IT DID HAVE A CAB ON THE BACK. NO EQUIPMENT COULD BE SEEN BY THE PUBLIC. SHE HAD NO INTENTIONS OF STORING ANY EQUIPMENT ANYWHERE ELSE BUT IN THE TRUCK. SHE IS NOT GOING TO BE PAINTING. SHE DOES HAVE A STEP LADDER WHICH IS ALSO STORED ON THE TRUCK. STAFF INQUIRED ABOUT EMPLOYEES. MS. CLONTZ HAS NO OTHER EMPLOYEES BESIDES HERSELF. STAFF HAD NO OBJECTIONS TO GRANTING A LICENSE. MS. CLONTZ ASKED WHAT SHE HAD TO DO IF SHE EVENTUALLY BOUGHT A UTILITY TRAILER? MR. COOPER INFORMED HER SHE EITHER HAD TO KEEP IT IN THE GARAGE OR BEHIND THE FRONT HOUSE LINE WITH A 6 -FOOT SCREEN OR LANDSCAPING TO SHIELD IT. PLANNING AND ZONING COMMISSION PAGE FOUR REGULAR MEETING OF OCTOBER 20, 1994 THERE WAS NO PUBLIC INPUT. PUBLIC HEARING WAS CLOSED AT 7:22 P.M. MR. FALKE ASKED ABOUT THE KIND OF EQUIPMENT SHE USED. MS. CLONTZ STATED HER PRESSURE CLEANER WAS A SMALL MACHINE BOUGHT AT K -MART. IT USES WATER ONLY. MR. GOLDSTEIN MADE A MOTION TO GRANT A HOME OCCUPATIONAL LICENSE FOR JOAN'S SERVICE AT 668 LAKE DRIVE. MR. FISCHER SECONDED THE MOTION. ROLL CALL WAS TAKEN, 7-0 MOTION CARRIED. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - INDIAN RIVER INSURANCE AND INVESTMENTS PUBLIC HEARING OPENED AT 7:25 P.M. JOHN J. SMITH LIVES AT 479 LANDFAIR AVENUE. HE IS REQUESTING A TEMPORARY HOME OCC. LICENSE. 10 NOTICES WERE SENT OUT TO NEIGHBORING RESIDENCES. THERE WERE NO -- OBJECTIONS OR NON -OBJECTIONS. STAFF INQUIRED ABOUT TWO VEHICLES LISTED ON THE APPLICATION AND IF THERE WERE ANY EMPLOYEES? MR. SMITH STATED BOTH VEHICLES ARE FOR PERSONAL USE AND THERE WERE NO OTHER EMPLOYEES. HE UNDERSTOOD THAT HE COULD HAVE NO CLIENTS COME TO HIS HOME FOR THIS BUSINESS. STAFF HAS NO OBJECTION TO GRANTING A LICENSE. MR. SMITH STATES THIS LICENSE WILL BE TEMPORARY. HE JUST NEEDS THE USE OF HIS HOME FOR AN OFFICE FOR THE PURPOSE OF SOLICITING BUSINESS. HE SELLS HEALTH & LIFE INSURANCE, AND SECURITIES. THERE WAS NO PUBLIC INPUT. PUBLIC HEARING WAS CLOSED AT 7:27 P.M. MR. SHROYER INQUIRED IF MR. SMITH WAS AFFILIATED WITH A BROKERAGE FIRM. MR. SMITH STATED HE IS RECOGNIZED BY THE NASD. HE IS A REPRESENTATIVE OF A BROKERAGE FIRM IN TEXAS. f..� PLANNING AND ZONING COMMISSION PAGE FIVE r,•*\ REGULAR MEETING OF OCTOBER 20, 1994 MR. SHROYER WANTED TO KNOW IF HIS BUSINESS WOULD BE DOING LIVING TRUSTS? MR. SMITH STATED ONLY INVESTMENT TRUSTS. MR. FALKE ASKED HOW LONG IS TEMPORARY? MR. SMITH STATED SIX MONTHS TO ONE YEAR. MR. MUNSART MADE A MOTION TO GRANT A HOME OCCUPATIONAL LICENSE TO JOHN J. SMITH AT 479 LANDFAIR AVENUE FOR THE SALE OF INSURANCE AND INVESTMENTS. MR. SHROYER SECONDED THE MOTION. ROLL CALL WAS TAKEN. 7-0 MOTION CARRIED. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - J & B LAWN SERVICE PUBLIC HEARING OPENED AT 7:30 P.M. JOHN GRIMMICH LIVES AT 1192 COVERBROOK LANE AND WISHES TO RUN A LAWN MAINTENANCE SERVICE FROM HIS HOME. �1 9 NOTICES WERE SENT OUT. THERE WERE 2 OBJECTION AND NO NON- OBJECTION LETTERS RECEIVED. THE TWO OBJECTION LETTERS WERE READ TO THE COMMISSION. MR. COOPER STATED THAT IT WILL BECOME CUSTOMARY TO SEND THE OUTCOME OF THE HEARING AND A COPY OF THE CODES TO THE OBJECTORS SO THEY UNDERSTAND THE RESTRICTIONS PLACED ON HOME OCC. LICENSES. MR. GRIMMICH HAS INFORMED STAFF THAT ALL EQUIPMENT WILL BE STORED OUTSIDE THE CITY AND THERE WILL BE NO EQUIPMENT IN THE BED OF HIS PICK-UP. STAFF HAS NO OBJECTION TO GRANTING A HOME OCC. LICENSE. NO PUBLIC INPUT. THE PUBLIC HEARING WAS CLOSED AT 7:34 P.M. MR. GOLDSTEIN ASKED IF MR. GRIMMICH HAD A TRAILER. MR. GRIMMICH REPLIED NO. MR. THOMPSON STATED AS LONG AS MR. GRIMMICH KEPT TO THE CONDITION OF NO OTHER EMPLOYEES, HE HAD NO OBJECTION. MR. FALKE MADE A MOTION TO GRANT A HOME OCCUPATIONAL LICENSE TO MR. JOHN GRIMMICH DOING BUSINESS AS J & B LAWN SERVICE AT 1192 COVERBROOK LANE, SEBASTIAN. MR. FISCHER SECONDED THE MOTION. 1 PLANNING AND ZONING COMMISSION PAGE SIX REGULAR MEETING OF OCTOBER 20, 1994 ROLL CALL WAS TAKEN, 7-0 MOTION CARRIED. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - BROWNING TYPESETTING THE PUBLIC HEARING WAS OPENED AT 7:36 P.M. SUSAN BROWNING LIVES AT 649 BAYFRONT TERRACE, SEBASTIAN, WHERE SHE WOULD LIKE TO CONDUCT A TYPESETTING BUSINESS FROM HER HOME. 23 NOTICES WERE SENT OUT TO NEIGHBORING RESIDENCES. THERE WERE 2 OBJECTION AND NO NON -OBJECTION LETTERS RECEIVED. THE OBJECTION LETTERS WERE READ TO THE BOARD. STAFF INFORMS THIS IS A TRANSFER OF A PREVIOUS HOME OCC. LICENSE AND THAT THERE WERE NO COMPLAINTS FROM THE PREVIOUS LOCATION. STAFF HAS NO OBJECTIONS. MS. BROWNING STATES SHE WOULD LIKE TO CONFIRM TO THE OBJECTORS THAT HER BUSINESS HAS NO COMMERCIAL TRAFFIC INTO HER HOME. MS. BROWNING PICKS UP AND DELIVERS HER WORK. SHE HAS NO VEHICLES WITH SIGNS ON THEM. SHE IS A FIRM BELIEVER OF KEEPING THE RESIDENTIAL PROPERTIES WITHIN SEBASTIAN AREA CLEAN AND PRETTY FOR EVERYONE. SHE HAS NO OTHER EMPLOYEES. NO PUBLIC INPUT. PUBLIC HEARING CLOSED AT 7:37 P.M. MR. SHROYER INQUIRED WHY A TRANSFER OF LICENSE WAS REQUIRED TO COME BEFORE THE BOARD? MR. COOPER STATES A CONDITIONAL USE PERMIT IS GRANTED FOR A SPECIFIC LOCATION, WITH SPECIFIC REQUIREMENTS OF NOTIFICATION TO THE PUBLIC OF THE SURROUNDING AREA. MR. FISCHER MADE A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR BROWNING TYPESETTING AT 649 BAYFRONT TERRACE, SEBASTIAN, LOT 25, BLOCK 259, UNIT 10. MRS. BRANTMEYER SECONDED THE MOTION. ROLL CALL WAS TAKEN. 7-0 MOTION CARRIED. MR. FALKE MOVES TO CONTINUE WITH THE NEW BUSINESS. MR. FISCHER SECONDED THE MOTION. VOICE VOTE WAS TAKEN. MOTION PASSED. A PLANNING AND ZONING COMMISSION PAGE SEVEN e'"b1 REGULAR MEETING OF OCTOBER 20, 1994 PUBLIC HEARING — REZONING AND LAND USE — RENE VAN DEVOORDE MR. RENE VAN DEVOORDE IS REPRESENTING HIS CLIENTS AS THE APPLICANT AS ATTORNEY IN FACT. THIS IS AN APPLICATION FOR VOLUNTARY ANNEXATION UNDER FLORIDA STATUTE 171.044. IT IS MADE ON BEHALF OF THREE PROPERTIES OWNED BY JOSEPH ALTIER, AS TRUSTEE, JOSEPH AND HAZEL FLOOD, AND LLOYD AND MARIAN DANNER. IT IS A 4—ACRE PARCEL LOCATED ON THE EAST SIDE OF U.S. #1, ON THE NORTH END OF TOWN, ACROSS FROM THE NEW WALMART. THE APPLICATION DOES MEET ALL THE STATUTORY REQUIREMENTS, BEING CONTINUOUS AND COMPACT. THE APPLICATION IS ALSO ASKING THE CITY TO REZONE IT TO COMMERCIAL GENERAL AND CHANGE THE LAND USE TO COMMERCIAL GENERAL. APPLICANT WOULD LIKE THE PROPERTIES TO HAVE THE SAME CLASSIFICATION AS WALMART. THE CURRENT ZONING IS RM -6 WITH THE COUNTY, WHICH IS MULTIPLE RESIDENTIAL. THIS IS NOT TOO USEFUL BEING LOCATED RIGHT ON U.S. #1. COMMERCIAL USE IS MORE APPLICABLE. MR. WILLIAMS STATES THE APPLICATION PROCESS IN THIS CASE SHOULD BE CLARIFIED. THERE ARE THREE DIFFERENT APPLICATIONS; ANNEXATION, CHANGE IN LAND USE, AND CHANGE IN ZONING. PLANNING AND ZONING IS NOT REQUIRED TO MAKE A FINDING OR RECOMMENDATION ON THE ANNEXATION. THE BOARD IS ONLY REQUIRED TO MAKE A RECOMMENDATION ON THE CHANGE IN LAND USE AND THE CHANGE IN ZONING. THE ANNEXATION IS HANDLED COMPLETELY BY THE CITY COUNCIL. MR. COOPER INFORMS AS TO WHY THE PUBLIC NOTICE STATED THIS WAS ALSO AN ANNEXATION HEARING, TO LET THE PUBLIC KNOW THIS PROPERTY WAS NOT PART OF THE CITY ALREADY. HE WOULD LIKE PLANNING AND ZONING TO ONLY LOOK AT THE ZONING AND LAND USE AS IS REQUIRED BY THE LAND DEVELOPMENT CODE. THIS WILL BE A RECOMMENDATION TO THE CITY COUNCIL ONLY FOR THESE TWO APPLICATIONS. SECTION 20A-11.6 (C) OF THE CODE OUTLINES WHAT THE COMMISSION SHOULD DO ON A PROPOSED LAND USE AMENDMENT. THERE ARE SEVERAL ASPECTS THAT MUST BE REVIEWED TO DETERMINE IF THIS AN APPROPRIATE AMENDMENT. BRIEFLY, THE PROPOSED LAND USE IS INCONSISTENT WITH OUR COMP. PLAN. STAFF FINDS, THOUGH, THAT THE PROPERTY IN ITSELF WOULD BE CONSISTENT WITH THE SURROUNDING AREA. COMMERCIAL GENERAL IS THROUGHOUT THE CORRIDOR OF U.S. #1 EXCEPT FOR THE CEMETERY. THERE ARE 3 PARCELS OF LAND NEAR THIS AREA THAT ARE NOT IN THIS PROPOSAL AND ARE LEFT OUT. THEY ARE ZONED COMMERCIAL LIMITED BY THE COUNTY. THEY NOW HAVE VARIOUS TRAILERS ON THEM AND A CORAL TYPE RETAIL STORE. THE PROPERTY UNDER REVIEW IS CURRENTLY VACANT, THEREFORE ANY CHANGES WITHIN THE LAND USE WILL NOT PROVIDE ANY NON—CONFORMING OR INCOMPATIBLE TYPE OF USES. PLANNING AND ZONING COMMISSION PAGE EIGHT REGULAR MEETING OF OCTOBER 20. 1994 eaol� THE SERVICE AREA FOR UTILITIES HAS ALREADY BEEN CARVED OUT FOR THE WALMART STORE, AND IF THIS ANNEXATION GOES THRU, THE NEW PROPERTY, PER MR. RICHARD VOTAPKA, WOULD ALSO BE ABLE TO USE THIS SERVICE AREA. AS FAR AS THE OTHER FACILITIES, SOLID WASTE AND TRAFFIC, STAFF DOES NOT FIND THAT THIS PROPERTY WOULD BE BRINGING IN ANY DEFICIENCIES TO THESE SERVICES. ALSO, THIS IS NOT A SCRUB JAY AREA. THERE IS AN EXISTING TRAILER PARK TO THE EAST OF THIS PROPERTY. THERE ARE SUFFICIENT REQUIREMENTS IN THE LAND DEV. CODE TO PROVIDE ADEQUATE BUFFERS IF THE PROPERTY LAND USE AND ZONING CHANGES. THE PUBLIC HEARING FOR THE REZONING AND LAND USE IS OPENED AT 7:57 P.M. MR. VAN DEVOORDE WOULD LIKE HIS PREVIOUS PRESENTATION TO BE REFLECTED AS PART OF THE PUBLIC HEARING. MR. THOMPSON ACCEPTS MR. COOPER'S STATEMENTS TO ALSO BE REFLECTED AS PART OF THE PUBLIC HEARING. MR. THOMPSON, AFTER REVIEWING THE MAP SHOWING WALMART AND LOCATION OF THE VARIOUS BUILDINGS IN THE AREA, HAS QUESTIONS CONCERNING OWNERSHIP OF THE PIECE OF PROPERTY THAT IS NOT ON THE APPLICATION. IF THIS PROPERTY IS NOT ANNEXED, IT WOULD CREATE A FINGER OF COUNTY PROPERTY INTO THE CITY'S. MR. COOPER STATES THERE ARE 3 PARCELS OF PROPERTY NOT BEING ANNEXED WITH TWO OWNERS. MR. THOMPSON QUESTIONED MR. WILLIAMS IF HE COULD ASSURE THE BOARD THAT THE ANNEXATION WOULD BE CONTINUOUS AND NOT CREATE AN ENCLAVE. MR. WILLIAMS SAID YES IT WAS CONTINUOUS AND DID NOT CREATE AN ENCLAVE. U.S. #1 DID NOT DIVIDE THE PROPERTY ON THE WEST FROM THE CITY PROPERTY. NO PUBLIC INPUT. THE PUBLIC HEARING WAS CLOSED AT 8:02 P.M. MR. FALKE WANTED TO BE ASSURED THAT THE TWO OWNERS OF THE PROPERTY NOT BEING ANNEXED HAVE BEEN APPROACHED AND HAVE REFUSED TO JOIN THE APPLICATION. MR. COOPER STATES WHEN THIS ANNEXATION WAS PREVIOUSLY DISCUSSED, HE ADVISED THAT ALL PROPERTY OWNERS BE ADDRESSED. HE TAKES FACE VALUE FROM AN ARTICLE THAT THE TWO OWNERS WERE AWARE OF THE PROPOSAL AND HAVE REFUSED TO JOIN THE VOLUNTARY ANNEXATION. MR. LLOYD DANNER, APPLICANT FOR ANNEXATION, ADDRESSES THE BOARD AND 1 PLANNING AND ZONING COMMISSION PAGE NINE /90� REGULAR MEETING OF OCTOBER 20, 1994 STATES HE SPOKE TO ONE OF THE OWNERS AND WAS TOLD HE WANTED NO PART OF ANNEXATION. HE DID NOT WANT TO GET INTO THE CITY. MR. GOLDSTEIN STATES HE FEELS CONSISTENCY WITH THE PLAN IS MOST IMPORTANT. HE THINKS IT IS CLEARLY CONSISTENT WITH THE COMPREHENSIVE PLAN POLICY 1-1.2.3 IDENTIYFING THE AREA ALONG U.S. 11 SPANNING NORTH FROM CLEVELAND STREET TO NORTH CITY LIMITS AS COMMERCIAL PROPERTY. THEREFORE, COMMERCIAL ZONING WITH THESE PROPERTIES IS HIGHLY CONSISTENT WITH THE PLAN. MR. MUNSART INQUIRES IF THERE ARE ANY DRAINAGE PROBLEMS IN THE AREA. MR. COOPER IS NOT AWARE OF ANY. MR. THOMPSON INFORMS THE BOARD TO EXAMINE SECTION 20A-11.6 AND 20A- 11.8 LISTING THE REQUIREMENTS THE BOARD MUST CONSIDER TO RE -ZONE AND CHANGE LAND USE. MR. GOLDSTEIN MAKES A MOTION TO APPROVE THE APPLICAITON FOR THE AMENDED LAND USE DESIGNATION SUBMITTED BY RENE VAN DEVOORDE, ATTORNEY IN FACT FOR APPLICANTS LISTED ON THE APPLICATION, TO CHANGE THE LAND USE FROM THE COUNTY'S LAND USE OF M-2 TO CG, 4 ACRES TO BE REDESIGNATED (LEGAL DESCRIPTION AS ON APPLICATION). PLANNING AND ZONING COMMISSION IS BASING THIS RECOMMENDATION UPON THE 10 ELEMENTS SET FORTH IN THE LAND DEVELOPMENT CODE 20A-11.8. MR. FISCHER SECONDED THE MOTION. ROLL CALL WAS TAKEN. 7-0 MOTION CARRIED. MR. GOLDSTEIN MAKES ANOTHER MOTION USING THE SAME LANGUAGE AS THE PREVIOUS MOTION, FOR CHANGE IN ZONING, AND USING THE 10 ELEMENTS IN SECTION 20A-11.6. MR. FISCHER SECONDED THE MOTION. ROLL CALL WAS TAKEN. 7-0 MOTION CARRIED. AT 8:15 P.M. A RECESS WAS TAKEN. THE MEETING RESUMED AT 8:28 P.M. AND THE RECORD SHOWS ALL MEMBERS HAVE RETURNED. RECOMMENDATION TO CITY COUNCIL FOR MINOR SUBDIVISION PLAT FOR SEBASTIAN ACRES MR. THOMPSON NOTES A PUBLIC HEARING IS NOT REQUIRED. /�'°1 STAFF INFORMS THE BOARD THIS IS NOT A MAJOR SUBDIVISION, BUT A PLANNING AND ZONING COMMISSION PAGE TEN REGULAR MEETING OF OCTOBER 20, 1994 MINOR SUBDIVISION APPLICATION PURSUANT TO THE LAND DEVELOPMENT CODE SECTION 20A-3.4. THE APPLICANT HAS PROPOSED THE DEVELOPMENT OF A TRACT OF LAND INTO 4 LOTS. THE SECTION DOES NOT NECESSITATE ANY REQUIREMENTS OF ANY IMPROVEMENTS, SUCH AS ROADS. SINCE WE HAVE NO CITY ENGINEER, AND THE CODE DOES REQUIRE AN ENGINEER REVIEW, STAFF COMMISSIONED MASTELLER & MOLER TO REVIEW THE TRACT. IN A MEMORANDUM FROM MASTELLER & MOLER, THEY NOTED SOME MINOR DEFICIENCIES, WHICH THE APPLICANT HAS ALREADY TAKEN ACTION TO CORRECT. THE PROPERTY IS ZONED RS -10. THE OWNER OF THE PROPERTY, ATLANTIC GULF, HAS ALREADY WORKED WITH THE FISH AND WILDLIFE COMMISSION. THE PROPERTIES MEET THE RS -10 REQUIREMENT OF A MINIMUM OF 10,000 SQ. FOOTAGE WITH A 80 FT LOT WIDTH AND 100 FT DEPTH. THEY HAVE PLACED APPROPRIATE DRAINAGE AND UTILITY EASEMENTS ALONG THE LOTS. BASED ON EVEYTHING UP TO THIS POINT, STAFF HAS NO OBJECTIONS TO THE PROPOSAL AS LONG AS THE SUGGESTIONS OUTLINED IN MASTELLER & MOLER' S LETTER ARE ADHERED TO. ALSO, HRS HAS FORWARDED A LETTER THAT THE PROPOSED TRACT OF LAND DOES MEET THEIR REQUIREMENTS. MR. JOHN KING ADDRESSES THE BOARD, STATING HE IS AGENT FOR ATLANTIC GULF IN THIS MATTER, AND DOES POSSESS A FINANCIAL INTEREST IN THIS (401N% PROPERTY. THE PROPERTY ITSELF HAS TWO ROADS AS BOUNDARIES AND TWO UTILITY EASEMENTS AS THE OTHER BOUNDARIES. HE FELT THE LARGE ACRE PLOTS WERE BETTER USAGE OF THE LAND THAN THE STANDARD LOT SIZES. HE WAS WITH BRIAN TOLAND OF FISH AND WILDLIFE WHO HAD NO OBJECTION, AND HRS HAS GIVEN THEIR APPROVAL. MR. MUNSART IMFORMS THE BOARD OF THE TERRIBLE DRAINAGE SITUATION IN THAT AREA ALREADY. HE WOULD LIKE TO KNOW IF THERE IS ANY WAY OF PROTECTING THE AREA FROM FURTHER DRAINAGE PROBLEMS ONCE THIS SUBDIVISION IS DEVELOPED? MR. KING FEELS ONCE THE LAND IS CLEARED AND BROUGHT UP TO CITY STANDARDS (SWALES, CULVERTS, LANDSCAPING, ETC.), DEVELOPMENT COULD ONLY HELP THE DRAINAGE PROBLEMS FOR THE PROPERTIES ALREADY THERE. ONCE THE PALMETTO TREES ARE CLEARED AND SOD LAID DOWN, THIS WOULD RETAIN MORE WATER THEN IT PRESENTLY DOES. MR. COOPER STATES THE LARGER LOTS ARE MORE CONDUSIVE THAN THE SMALLER LOTS. THERE WILL BE LESS IMPERVIOUS AREA. THIS TRACT OF LAND HAS ALREADY BEEN CONSIDERED IN SEBASTIAN'S OVERALL DRAINAGE PLAN. THE BUILDING CODES PROVIDE DRAINAGE STANDARDS THAT HAVE TO BE MEET WHEN CONSTRUCTION OCCURS. MR. FISCHER INQUIRES IF SECTION 20A-16.1 APPLIES TO THIS DIVISION OF LAND PROCEDURE? MR. COOPER STATES YES. /.,.� PLANNING AND ZONING COMMISSION PAGE ELEVEN �1 REGULAR MEETING OF OCTOBER 20, 1994 MR. FISCHER THEN ASKS IF SECTION 20A-17.1, UNDER REQUIRED IMPROVEMENTS AND DESIGN STANDARDS FOR SUBDIVISIONS APPLY ALSO? MR. COOPER STATES THERE ARE NO REQUIREMENTS FOR THAT IF YOU LOOK UNDER SECTION 20A-16.3. SECTION 20A-17.1 IS INTENDED FOR A MAJOR SUBDIVISION. A MINOR SUBDIVISION IS 4 LOTS OR LESS PUT ON EXISTING ROADS. SECTION 20A-16.4 REFERS YOU BACK TO 20A-17.1 FOR A MAJOR SUBDIVISION. MR. FISCHER STATES HIS MAIN CONCERN IS DRAINAGE AND THINKS DRAINAGE DITCHES SHOULD BE INSTALLED. HE QUESTIONS IF ST. JOHN'S WATER MANAGEMENT HAS ANY COMMENTS ON THIS? MR. COOPER STATES THIS DOES NOT FALL UNDER A ST. JOHN'S PERMIT. THIS IS NOT A DEVELOPMENT OF IMPERVIOUS AREA. SINGLE-FAMILY LOTS ARE EXEMPT FROM ST JOHN'S. ENGINEER DRAINAGE PLANS ARE NOT REQUIRED FOR MINOR SUBDIVISIONS. MR. KING STATES ON THE WEST SIDE OF THE TRACT A DRAINAGE DITCH IS PRESENTLY THERE- A CULVERT UNDER BEVIN STREET. HE FEELS 4 HOMES ON 5.4 ACRES OF LAND SHOULDN'T GENERATE ANY MORE DRAINAGE PROBLEMS THAN ALREADY EXIST. MR. COOPER STATES THAT IF ONE LOT UNDER CONSTRUCTION RAISES ENOUGH LANDFILL FOR HIS BUILDING PLANS, THE CITY WOULD ADDRESS WATER RUN- OFF SOLUTIONS FOR THE ADJOINING LOT, REQUIRING APPROPRIATE SWALES. BECAUSE OF THE EASEMENTS ALREADY ON THE TRACT, WHEN SEBASTIAN APPLIES IT'S MASTER DRAINAGE STORM WATER SYSTEM, THERE WILL BE THE MEANS TO DO SO. MR. FISCHER ASKS THE CITY ATTORNEY IF THE PLANNING AND ZONING BOARD HAVE THE AUTHORITY TO REQUEST DRAINAGE? MR. WILLIAMS FEELS THAT THE BOARD IS LIMITED TO THE REQUIREMENTS IN SECTION 20A-16.3. MR. FISCHER ASKS STAFF WHAT HAPPENS IF ST. JOHN'S WANTS TO BECOME INVOLVED WITH THIS? MR. COOPER STATES THAT IT IS UP TO ST. JOHN'S. WE HAVE NO JURISDICTION OVER THEM. THE APPLICANT IS NOT CONSTRUCTING IMPROVEMENTS WHICH WOULD REQUIRE A ST. JOHN'S PERMIT. MR. WILLIAMS ADVISES THERE ,IS A PROVISION IN SECTION 20A-16.3 THAT ALLOWS CITY COUNCIL TO DETERMINE WHAT REQUIREMENTS OF A MAJOR SUBDIVISION IT WISHES TO APPLY TO A MINOR SUBDIVISION. MR. GOLDSTEIN INQUIRES IF THAT PROVISION ALLOWS CITY COUNCIL TO CHOSE ANY OF THOSE REQUIREMENTS OR MUST IT INCORPORATE THE MINOR SUBDIVISION APPLICATION TO REQUIRE ALL OF THE MAJOR SUBDIVISION t PLANNING AND ZONING COMMISSION PAGE TWELVE REGULAR MEETING OF OCTOBER 20, 1994 /4"� REQUIREMENTS? MR. WILLIAMS STATES THAT HIS OPINION IS THAT CITY COUNCIL WOULD HAVE THE POWER TO ONLY ADDRESS ONE REQUIREMENT. MR. GOLDSTEIN REFERS TO THE LETTER OF MASTELLER & MOLER AND STATES IT REPLIED TO MR. COOPER'S REQUESTS. HE INQUIRES WHAT THOSE REQUESTS WERE? MR. COOPER STATED HE ASKED THEM TO REVIEW THE REQUIREMENTS OF A MINOR SUBDIVISION. THE ENGINEERS WERE TO ADVISE IF THE APPLICATION MET THOSE REQUIREMENTS. DRAINAGE WAS NOT ONE THE THOSE CONCERNS. MR. SHROYER ASKS IF THERE HAS BEEN ANY CLEARING OF THE LOTS? MR. KING STATES NO. HIS INTENTION IS ONLY TO SUBDIVIDE THE TRACT AND SELL THE 1.2 AND 1.4 ACRE LOTS. HE COULD NOT JUSTIFY THE COST IF HE HAD TO IMPROVE THE LOTS. MR. MUNSART STATES HE FEELS IF THE DEVELOPER IS NOT REQUIRED TO PUT IN SWALES ALONG LACONIA AND BEVIN STREETS, THE TAXPAYER IS EVENTUALLY GOING TO HAVE TO PAY FOR THEM. HE FEELS IT SHOULD BE A CONDITION FOR APPROVAL THAT THE DRAINAGE ALONG THESE TWO STREETS BE ADDRESSED BY THE DEVELOPER. MR. COOPER STATES THAT IS REQUIRED OF THE HOMEOWNER. THEY NEED TO OBTAIN A CULVERT PERMIT FROM THE ENGINEERING DEPT. THE FRONT SWALE IS ADDRESSED DURING CONSTRUCTION. A VACANT LOT NOW MIGHT NOT HAVE ANY FRONT SWALE, BUT IT IS REQUIRED FOR A CERTIFICATE OF OCCUPANCY. MR. FISCHER STATES THE BOARD IS ACCUSTOMED TO LOOKING AT AN ENGINEER DRAWING ALONG WITH A PRELIMINARY PLAT. ONLY A PRELIMINARY PLAT IS AVAILABLE TO THEM FOR THIS APPLICATION. MR. MUNSART INQUIRES IF THE CITY CAN REQUIRE AN ELEVATION IN THE FUTURE, IF IT IS NOT REQUIRED NOW? MR COOPER STATES THE ATTORNEY IS ADVISING THEY CAN REQUIRE ANYTHING UNDER SECTION 20A-17.1. IT MUST BE REQUIRED NOW, AT TIME OF REVIEW, BECAUSE IT CAN NOT BE REQUIRED AT THE TIME OF BUILDING. MR. SHROYER STATES HIS OPINION THAT THIS IS A MINOR SUBDIVISION THAT STATES IT IS BORDERED ON TWO SIDES BY STREETS. THE APPLICANT DOESN'T INTEND TO DO ANYTHING TO THE PROPERTY BUT SELL IT. AT THE POINT OF SALE AND THE POINT OF THE NEW OWNERS DEVELOPING IT, THEN THE BUILDING DEPT. CAN TELL THEM WHAT TO DO. HE FEELS THE BOARD JUST NEEDS TO DECIDE THE APPROVAL OF THE FOUR LOTS. THIS IS A MINOR SUBDIVISION. IT IS NOT REQUIRED TO PUT IN WATER AND SEWER. THE APPLICANT HAS DONE EVERYTHING THAT IS REQUIRED OF HIM. PLANNING AND ZONING COMMISSION REGULAR MEETING OF OCTOBER ­204 1994 PAGE THIRTEEN MR. THOMPSON QUESTIONS STAFF ON THE TWO DIFFERENT REVISION DATES ON THE PRELIMINARY PLAT SURVEYS. FOR THE RECORD, MR. COOPER STATES TO USE THE EARLIEST DATED ONE - THE DATE USED IN THE LETTER FROM MASTELLER AND MOLER. MR. GOLDSTEIN MAKES A MOTION THAT THE PLANNING AND ZONING COMMISSION RECOMMEND TO CITY COUNCIL THE APPROVAL FOR THE MINOR SUBDIVISION PLAT FOR SEBASTIAN ACRES, BASED ON A SURVEY PREPARED FOR JOHN KING BY JAMES A. FOWLER, DATED 9/1/94, REVISED 9/29/94, DRAWING LABEL 3162-B. THE MOTION IS SECONDED BY MR. FALKE. MR. THOMPSON MAKES A MOTION FOR AN AMENDMENT THAT THE APPROVAL BE SUBJECTED TO THE RECOMMENDATION OF MASTELLER & MOLER'S LETTER DATED 10/6/94. MR. GOLDSTEIN SECONDED THE MOTION. MR. FISCHER MAKES A MOTION FOR A SECOND AMENDMENT TO ADD TO THE RECOMMENDATION TO CITY COUNCIL THE' CONCERNS THE BOARD HAS ON DRAINAGE PROBLEMS --NOT NECESSARILY A REQUIREMENT, JUST THAT THE CONCERNS ARE NOTED. MR. MUNSART SECONDED THAT MOTION. ROLL CALL IS TAKEN ON THE SECOND AMENDMENT TO THE APPROVAL: MR. MUNSART YES MR. SHROYER NO MR. THOMPSON NO MR. GOLDSTEIN YES MRS. BRANTMEYER YES MOTION IS CARRIED 4-3. MR. FALKE NO MR. FISCHER YES ROLL CALL IS TAKEN ON THE FIRST AMENDMENT TO THE APPROVAL. 7-0 MOTION CARRIED. ROLL CALL IS TAKEN ON THE MAIN MOTION AS AMENDED. 7-0 MOTION PASSED: OLD BUSINESS: CONTINUATION OF PUBLIC HEARING - AMENDMENT TO COMPREHENSIVE PLAN REGARDING NON -CONFORMING MOBILE HOME PARKS: MRS. FOSTER IS STILL NOT PRESENT AT THE MEETING. /0011) PLANNING AND ZONING COMMISSION PAGE FOURTEEN REGULAR MEETING OF OCTOBER 20, 1994 MR. THOMPSON CLOSES THE PUBLIC HEARING AT 9:40 P.M. MR. COOPER EXPLAINS WHY THIS WAS BEING REVIEWED AGAIN BY THE PLANNING AND ZONING COMMISSION. WHEN IT CAME BEFORE CITY COUNCIL, THE ATTORNEY OPINED THAT THIS WOULD BE A QUASI—JUDICIAL MATTER BECAUSE IT AFFECTED VERY FEW PEOPLE. SINCE THIS DID PROPOSE TO AFFECT A LIMITED AMOUNT OF PEOPLE, HE FELT MORE COMFORTABLE TO HAVE IT GET BACK THROUGH THE PROCESS OF A PUBLIC HEARING THROUGH PLANNING AND ZONING DUE TO THAT FACT BECAUSE YOU ARE REQUIRED TO MAKE A RECOMMENDATION ON COMPREHENSIVE PLAN AMENDMENTS. THEREFORE, HAVING A PUBLIC HEARING AND NOTIFYING THOSE PEOPLE AFFECTED, GIVES THEM DUE NOTICE AND SUFFICIENT OPPORTUNITY TO BRING FORTH THEIR COMMENTS. RECOMMENDATION FROM STAFF IS TO CHANGE COMPREHENSIVE PLAN POLICY 1-2.1.6 BY ELIMINATING THE LAST SENTENCE OF THE FIRST PARAGRAPH WHICH STATES "REPLACEMENT OF EXISTING MOBILE HOMES IN EXISTING MOBILE HOME PLATS AND SITES OF RECORD, AS OF THE EFFECTIVE DATE OF THIS ORDINANCE, SHALL BE PERMITTED AND SHALL NOT BE DEEMED INCONSISTENT WITH THE COMPREHENSIVE PLAN." BY ELIMINATING THAT SENTENCE WE THEREBY WOULD NOT BE IN CONFLICT WITH THE LAND DEVELOPMENT CODE. MR. SHROYER MADE THE MOTION TO AMEND THE POLICY TO ELIMINATE THE LAST SENTENCE OF THE FIRST PARAGRAPH OF POLICY 1-2.1.6 OF THE COMPREHENSIVE PLAN. MR. FISCHER SECONDED THE MOTION. ROLL CALL IS TAKEN. MR. THOMPSON MR. GOLDSTEIN MRS. BRANTMEYER MR. FALKE MR. FISCHER MOTION IS CARRIED 5-2. YES MR. MUNSART YES YES MR. SHROYER YES NO NO YES DISCUSSION — AMENDING LAND DEVELOPMENT CODE REGARDING ACCESSORY STRUCTURES A PICTURE IS PASSED AROUND OF A STRUCTURE AT 1421 THORNHILL THAT MET REQUIREMENTS OF THE BUILDING DEPT. THE ACCESSORY STRUCTURE IS ATTACHED TO THE PRINCIPAL STRUCTURE AND IS CONSTRUCTED OF METAL. IT IS MORE OF A WAREHOUSE FACILITY. IT IS ATTACHED WITH A BREEZEWAY AND BASICALLY DOESN'T FIT IN WITHIN THE SURROUNDING AREA. ONE ASPECT THAT SHOULD BE LOOKED AT IS THE SIZE OF THE ACCESSORY edMhN 01001,11 (4"h� PLANNING AND ZONING COMMISSION PAGE FIFTEEN REGULAR MEETING OF OCTOBER 20, 1994 STRUCTURE AND WHETHER THEY ARE ATTACHED OR DETACHED. ANOTHER IS WHETHER THE STRUCTURE SHOULD BE CONSTRUCTED WITH THE SAME ARCHITECTURAL MATERIAL OF THE PRINCIPAL STRUCTURE. THE PROBLEM COMES IN WITH REQUIREMENTS FOR THE ACCESSORY STRUCTURES THAT ARE ATTACHED VS. DETACHED. A POSSIBLE AMENDMENT TO THE LAND DEVELOPMENT CODE MIGHT ADDRESS THE CONCERNS OF SIZE, HEIGHT OF ATTACHED OR DETACHED STRUCTURE, MATERIALS USED, AND LOCATION ON PROPERTY. THE COMMISSION DECIDES TO HAVE FURTHER DISCUSSION ON THIS MATTER AT A FUTURE MEETING. DISCUSSION - PLANTING IN THE R.O.W MR. THOMPSON MAKES A MOTION TO ASK THE STAFF TO PREPARE AN ORDINANCE THAT PERMITS PLANTINGS IN THE SWALE AREA, IN THE ROW, NOT EXCEEDING 12 INCHES IN HEIGHT. MR. FISCHER SECONDED THE MOTION. MR. COOPER NOTES THIS WAS PREVIOUSLY DISCUSSED, AND THE CITY ENGINEER AT THAT TIME ADVISED NOT TO ALLOW ANY PLANTING IN THE R.O.W. NO VOTE WAS TAKEN. TO BE DISCUSSED AGAIN AT A FUTURE MEETING. MR. THOMPSON MOVES TO EXTEND THE MEETING FOR AN ADDITIONAL 10 MINUTES. MR. FALKE SECONDED THE MOTION. VOICE VOTE WAS TAKEN 7-0 MOTION PASSED. NEW BUSINESS: APPROVAL OF PROPANE DISPENSING PLANT AT 822 S. U.S. #1, SEBASTIAN, FOR TRI -COUNTY GAS MR. COOPER STATES TRI -COUNTY GAS WITH STEIL GAS STATION IS REQUESTING TO PUT A PROPANE GAS DISPENSER ON THIS PROPERTY. THERE WAS NO REASON FOR THIS TO COME BEFORE THE BOARD, BUT BECAUSE IT WOULD BE VERY VISIBLE, STAFF WANTED THE BOARD TO BE AWARE OF IT. THEY HAVE A PROPOSED AREA WHICH IS BEYOND THE EXISTING GRASS AREA. STAFF CAN NOT FIND ANYTHING PROPOSED TO PUT THIS IN A NON- CONFORMING STATE. NOTHING IS BEING CONCRETED, JUST A TANK WITH THE STANCHES AROUND. IT MEETS THE REQUIRED SETBACKS. THE PROPERTY ISN: ZONED CG WHICH ALLOWS FOR DISPENSING OF GASOLINE, ETC. SAFETY REQUIREMENTS HAVE BEEN ADDRESSED BY THE FIRE MARSHALL,,:•W TH BUILDING DEPT. THE DISPENSING AREA WILL BE ENCLOSED.%°;�� •`� A MOTION IS NOT NEEDED. THE COMMISSION VOICES ITS ARR�gVAT CHAIRMAN THOMPSON ADJOURNS THE MEETING AT 10:08 GJ• en J� P