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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.