HomeMy WebLinkAbout11071985 PZP~iNG AND ZONING COMMISSION
AGENDA
NOVMV~ER 7, 1985
MEETING CAIJT.ED TO ORDER BY CHAIRMAN HAROLD EISENBARTH AT 7:00 P.M.
PRESENT:
MR. JEWELL THOMPSON
MR. ROBERT FULLERTON
MR. WILLIAM MAHONEY
MR. STANLEY KRULIKOWSKI
CHAIRMAN HAROLD EISENBARTH
MR. JAMES WADSWORTH (ABSENT-EXCUSED)
MRS. EDRA YOUNG (ABSENT-EXCUSED)
MR. ROBERT MCCARTHY (ABSENT-EXCUSED)
ALSO PRESENT: MR. HECTOR FRANCO, CITY ENGINEER.
ANNOUNCMv~ENTS:
NONE.
APPROVAL OF MINUTES:
MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. THCMPSON TO APPROVE THE MINUTES OF THE
OCTOBER 17, 1985, PLANNING AND ZONING MEETING WITH STATED CORRECTION.
MR. THOMPSON STATED THAT THE FIRST PAGE OF MINUTES SHOULD INDICATE THE DATE OF
THE MEETING.
OLD BUSINESS:
MINOR SITE PLAN - LIN-MARC KENNELS - STEVEN LINO:
MR. EDWARD PALUCH WAS IN ATTENDANCE AND REPRESENTED MR. STEVEN LINO.
MR. PALUCH STATED THAT HE WAS IN RECEIPT OF MR. FRANCO'S LETTER DATED NOVt~fBER 1,
1985, WITH THE CORRECTIONS MR. FRANCO IS CALLING FOR.
MR. PALUCH PRESENTED A REVISED SITE PLAN PER MR. FRANCO'S LETTER OF RECO~ATIONS
OF NOVEMBER 1, 1985.
MR. PALUCH ADDRESSED EACH OF THE FIVE REC~ATIONS MR. FANCO HAD MADE.
MR. FRANCO REVIEWED THE REVISED SITE PLAN AND STATED THAT ALL AREAS HAD BEEN
ADDRESSED.
MOTION BY MR. THOMPSON, SECONDED BY MR.
PLAN AS SUBMITTED.
FULLERTON, TO APPROVE THE REVISED SITE
& ZONING COMMISSION
NOVEMBER 7, 1985
MINOR SITE PLAN - LIN-MARC KENNELS - STEVEN LINO ,(.CONTINUED}:
ROLL CALL VOTE: AYES:
MR. THOMPSON
MR. MAHONEY
MR. KRULIKOWSKI
MR. FULLERTON
CHAIRMAN EISENBARTH
NEW BUSINESS:
NAYS: NONE
AMENDMENT OF LAND USE PLAN & ZONING CHANGE - SEMBLER:
MR. G~RY GORE, ATIORNEYFORMR. CHARLES SEMBLER, REQUESTED BY PHONE ON NOVt~4BER 5,
1985, THAT THIS IT~ BE PLACED ON THE NOVI94BER 21, 1985, PLANNING AND ZONING AGENDA.
MOTIONS-BY MR;i.':i~SON,i SECONDED BY MR.: KRULIKOWSKI, TO POSTPONE THIS ITEM FOR
RE'ZONING AND LAND USE cHANGE' ~OR MR. C~ SMMBLER UNTIL THE NOVEMBER 21, 1985,
PtANNINGi. AND~iZONING COMMiSSiON'iMEETiNG. ~ .7".. i ~ --"7: '.i ~.
MOTION CARRIED.
DISCUSSION RE: PROPOSED TiRE STORE - TRODGLEN:
MR. JIM LANDEN WAS IN ATTENDANCE AND REPRESENTED MR. JOHN TRODGLEN.
MR. LANDEN ADVISED THE ~SSION THAT HE AND. MR. TRODGLEN HAD AN IN HOUSE PRE-
APPLICATION CONFERENCE AND WAS ADVISED THAT HE COME BEFORE THE PLANNING AND ZONING
COb~SSION TO GET THEIR FEELINGS ON HOW THEY WOULD ACCEPT THE IDEA OF A TIRE
STORE AS A CONDITIONAL USE.
MR. LANDEN STATED THAT THE PROPERTY IS ZONED CG - GENERAL C(lv~MERCIAL, AND STATED
THAT THEY HAVEAGREED TO DO EVERYTHING THAT WILLBE NECESSARY TOD OAS FAR AS
A SITE PLAN. MR. LANDEN STATED THATUNDERCG - GENERAL COMMERCIAL, TIRE STORES
ARE LISTED AS A CONDITIONALUSE.
MR. LANDEN EXPLAINED THAT BEFORE THE WENT TO AT J. OF THE EXPENSE OF A SITE PLAN,
MR. TRODGLEN WANTED TO GET THE C~SSION'S VIEWS ON WHETHER OR NOT THIS WAS AN
ACCEPTABLE PLAN TO TH~M.
MR. LANDEN STATED THAT .THEY ARE NOT DOING CAR REPAIR THERE. THERE WILL NOT BE A
QUALIFIED MECHANIC WORKING AT THE ESTABLISHMENT. MR. TRODGLEN STRICTLY WANTS TO
SELL TIRES, CHANGE THtl~, AND BAIANCING.
MR. FULLERTON STATED THAT HE HAD ATTENDED THE IN HOUSE STAFFMEETING AND ADVISED
THE COMMISSION OF WHAT TRANSPIRED AT THE MEETING. MR. FULLERTON STATED THAT
MR. TRODGLENANDMR. LANDENHAVEAGREED TODOEVERYTHING THAT iS REQUIRF2) AS FAR
AS A SITE PLAN IS CONCERNED.
MR. LANDED STATED THAT THEY WILL CONTINUE TO SElL GAS, BECAUSE THAT IS PART OF
THE LEASE AGREM~ENT THAT THEY CONTINUE TO SELL GASOLINE.
MINUTES: PAGE 3
& ZONING C(~v[ISSION
NOVM~IBF~R 7, IWW)
DISCUSSION RE: PROPOSED TIRE STORE - TRODGLEN (CONTINUED),:
MR. LANDEN STATED THAT THE LAND DEVELOPMENT CODE STATES UNDER CG - GENERAL ~CIAL,
VEHICULAR SERVICE MAINTENANCE IS LISTED AS A CONDITIONALUSEANDVEHICULAR SAI~S
AND SERVICE IS A PERMITTED USE. THE CO~SSION STATED THAT THEY BELIEVE THE VEHICULAR
SALES AND SERVICE WOULD BE A CARLOT OR SOMETHING OF THAT NATURE.
CHAIRMAN EISENBARTH STATED THAT IT IS HIS OPINION THAT HE DOES NOT SEE WHYMR. LANDEN
CANNOT GOAHEADWITHTHE ENGINEERING AND EVERYTHING THAT MUST BED ONE TO FULFILL THE
ORDINANCES OF THE CITY. CHAIRMAN EISENBARTHALSO STATED THAT HE CANNOT THINK OFANY
REASON WHY THAT USE WOULD NOT BE ALLOWED FOR THAT PARTICULAR PIECE OF PROPERTY.
MR. THOMPSON QUESTIONED WHETHER OR NOT THiS WAS A CHANGE OF USE.
CHAIRMAN EISENBARTH STATED THAT PERHAPS A LETTER TO ATTORNEY PAIMER REQUESTING HIM
TO CLARIFY IF THIS IS AN CONDITIONAL USE OR PERMITTED USE WOULD BE IN ORDER.
MR. FRANCO STATED THAT MR. PALMER WANTED THE COMvI~SSION TO STATE WHETER IT WAS A
CONDITIONAL USE OR PERMITTED USE.
MR. THOMPSON STATED THAT HE DID NOT THINK THERE WAS ANY QUESTION THAT IS WAS A
CONDITIONAL USE, BUT IN SECTION VI OF THE LAND DEVELOPMENT CODE, IT DID NOT STATE
WHAT CRITERIA WAS NEEDED FOR A VEHICULAR SERVICE MAINTENANCE PROJECT, TO SATISFY
A CONDITIONAL USE.
IT .'WAS . : THE GENERAL CONS~SUS OF THE COI~4ISSION THAT MR. LANDEN SHOULD CONTINUE
WITH THIS PROJECT.
MINOR SITE PLAN - SEBASTIAN MUNICIPAL GOLF COURSE:
MR. HECTOR FRANCO, CITY ENGINEER, PRESENTED THE MINOR SITE PLAN TO THE PLANNING
AND ZONING COM~SSION.
MOTION BY MR. THOMPSON, SECONDED BY MR. MAHONEY, TO APPROVE THE SUBMITTED SITE PLAN
FOR THE SEBASTIAN MUNICIPAL GOLF COURSE FOR THE ADDITION TO THE GOLF COURSE CART
BUILDING.
MR. THOMPSON
MR. MAHONEY
MR. KRULIKOWSKI
MR. FUIIMRTON
CHAIRMAN EISENBARTH
NAYS: NONE
DISCUSSION ~E: REVISED SITE PLAN APPLICATION:
THE PLANNI~qG AND ZONING COMMISSION REVIEWED THE REVISED SITE PLAN APPLICATION.
MOTION BY MR. THOMPSON, SECONDED BY MR.MAHONEY, TO RECOMMEND TO THE CITY COUNCIL,
TO SET A FEE OF $50. O0 FOR A MINOR MODIFICATION TO AN APPROVED SITE PLAN.
DISCUSSION RE: C.R. 512 - MR. STEVEN LULICH:
MR. LULICHWAS IN ATTENDANCE ANDADDRESSED THE C~SSION ON HIS VIEWS REGARDING
HOW THE CITY COULD BE IN CONTROL OF THE RELOCATIONOF C.R. 512.
MINUTES: PAGE 4
PLANNING & ZONING
NOVEMBER 7,1985
APPROVALOF CITY HOME OCCUPATIONAL LICENSES:
THREE H(IME OCCUPATION LICENSES WERE SU]~fITTED FOR APPROVAL.
A LENGTHY DISCUSSION WAS HELD CONCERNING THE STEPS THAT MUST BE TAKEN FOR HOME
OCCUPATIONAL LICENSES ACCORDING ~Y ADOPTED LAND DEVELOPMENT CODE.
MOTION BY MR. MAHONEY, SECONDED BY MR. THOMPSON, TO APPROVE THE THREE (3) CITY
HCME OCCUPATIONAL LICENSES SUBMITTED.
ROLL CALL VOTE: AYES:
NAYS:
MR. THOMPSON
MR. KRULIKOWSKI
MR. FULLERTON
CHAIRMAN EISENBARTH
MOTION ,NOT CARRIED.
MR. HECTOR FRANCO STATED THAT THE LAND DEVELOPMENT CODE BOOK STATES THAT AlL
CONDITIONAL USES MUST MEET SITE PLAN CRITERIA.
MR. FRANCO STATED THAT BECAUSE THE RFOSULATIONS FOR SITE PLANS EXCLUDE HOUSES,
HE BELIEVES THAT WOULD BE CONSIDERED AN APPROVED SITE PLAN. MR. FRANCO ALSO
STATED THAT HE BELIEVES THAT THE HOME OCCUPATION WOULD BE CONSIDERED A MINOR
MODIFICATION TO AN APPROVED SITE PLAN.
THE C~SSION AGREED THAT THEY WOULD LIKE A L~GAL OPINION FROM ATTORNEY PAIMER.
MOTION BY MR. THOMPSON, SECONDED BY MR. MAHONEY, TO AUTHORIZE CHAIRMAN EISENBARTH
TO MAKE A DECISION TO APPROVE OR DISAPPROVE AFTER RECEIVING ATTORNEY PAhMER'S
OPINION.
MOTION CARRIED.
WAIVER OF FEES - SEBASTIAN CONGPd~GATION OF JEHOVAH'S WITNESSES:
MOTION BY MR. THOMPSON, SECONDED BY MR. MAHONEY, TO RECOMMEND TO THE CITY COUNCIL
TO~..WAIVE THE FEES FOR THE SEBASTIAN CONGREGATION OF JEHOVAH'S WITNESSES, TRACT B,
UNIT 2, SEBASTIAN HIGHLANDS.
MR. THOMPSON AMENDED HIS MOTION TO INCLUDE, "AS PER LETTER ASSUMF, D TO BEDATED
SEPTMMBER 20, 1985."
MR. MAHONEY AMENDED HIS SECOND.
CHAIRMAN' S MAlZfERS:
THERE WAS A DISCUSSION REGARDING PLANNING AND ZONING C~SSION REVIEWING MODEL
HOME PERMIT REQUESTS.
MR. FRANCO STATED THE MODEL HOME P~RMITE R~UEST DOES NOT HAVE TO COME TO PLANNING
AND ZONING FIRST. IT IS THE ONLY CONDITIONAL USE THAT MUST BE APPROVED BY THE
CITY COUNCIL. MR. FRANCO STATED THAT ONCE THE CITY COUNCIL APPROVES THE CONDITIONAL
USE, MRS. KRAGES WILL TELL THE APPLICANT WHAT HE NEEDS TO HAVE TO PRESENT TO THE
PLANNING AND ZONING C(~SSION AS FAR AS SiTE PLAN INFORMATION.
CHAIRMAN EISENBARTH STATED THAT ON PAGE VI-14 - APPLICABLE ZONING DISTRICTS, THE
CODE STATES "NO SITE PLAN APPROVAL SHALL BE REQUIRED WITHIN THE FOLLOWING ZONING
DISTRICTS: RE-40, RS-20, RS-15 OR RE-10."' CHAIRMAN EISENBARTH STATED THAT~HE
BELIEVES IT GOES TO COUNCIL TO APPROVE THE CONDITIONAL USE AND THAT'S IT. IT
NEVER COMES BEFORE PLANNING AND ZONING.
MR. FRANCO STATED HE BELIEVES THAT IS CORRECT.
ATTORNEY' S MATTERS:
NONE.
ENGINEER' S MATTERS:
MR. FRANCO HAD CHAIRMAN EISENBARTH SIGN AN APPROVED REVISED SiTE PLAN.
THERE WAS A DISCUSSION Rt~GARDING THE NUMBER OF SITE PLAN APPLICATIONS TO BE PLACED
ON THE AGENDA FOR ONE MEETING.
MOTION BY MR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO ADJOURN THE MEETING.
MR. THOMPSON~WI~ HIS MOTION.
MR, KRULIKOWSKI WITHDREW HIS SECOND..
CHAIRMAN EISENBARTH EBILIGHTENFD THE C~SSION ON ARNOLD'S AIR CONDITIONING MINOR
MODIFICATION TO AN APPROVED SITE PLAN.
MOTION BY MR. THOMPSON, SECONDED BY MR. MAHONEY, TO ADJOURN THE MEETING.
MOTION CARRIED.
MEETING ADJOURNED AT 9:35 P.M.
Jim Gallagher
Mayor
City of Sebastian
POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127
TELEPHONE (305) 589-5330
PLANNING AND ZONING
AGENDA
NOVEMBER 7, 1985
Deborah C, Krage$
City Clerk
CA~.~. TO ORDER
ROLL CALL
ANNOUNCt~S
APPROVAL OF MINUTES - OCTOBER 17, 1985
OLD BUSINESS:
MINOR SITE PLAN - LIN-MARC KENNELS - STEVEN LINO
NEW BUSINESS:
AMENDMENT OF LAND USE PLAN & ZONING CHANGE - SM~BLER
DISCUSSION RE: PROPOSED TIRE STORE - TRODGLEN
MINOR SITE PLAN - SEBASTIAN MUNICIPAL GOLF COURSE
DISCUSSION RE: REVISED SITE PLAN APPLICATION
DISCUSSION RE: COUNTY ROAD 512 - MR. STEVEN LULICH
APPROVAL OF CITY HOME OCCUPATIONAL LICENSES
WAIVER OF FEES - SEBASTIAN COINGRMSATION OF JEHOVAH'S WITNESSES
CHAIRMAN' S MATTERS:
MMqBER. t$ MATTERS:
ATTORNEY' $;::,MATTERS;:.
ENGINEER' S 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 PROCF.~DINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIFDNY IN EVIDENCE ON WHICH THE APPEAL
IS BASED.