Loading...
HomeMy WebLinkAbout01151998a PZ49 i� I CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 15, 1998 Vice Chairman Munsart called the meeting to order at 7:02 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: V. Chmn. Munsart Mr. Thomas Ms. Kilkelly(a) Mr. Schulke Mr. Pliska Ms. Vesia EXCUSED ABSENCE: Mr. Mather Mr. Driver(a) Mr. Fischer ALSO PRESENT: Robert Massarelli, Community Development Director Jan King, Zoning Technician Dori Bosworth, Temporary Recording Secretary ANNOUNCEMENTS: V. Chmn. Munsart announced that Ms. Kilkelly(a) will be voting in lieu of absent members. APPROVAL OF MINUTES: (LPA 12/18/97) MOTION by Thomas/Schulke I move we approve the minutes of December the 18th. A voice vote was taken. 6 - 0 motion carried. OLD BUSINESS: Election of Chairman and Vice Chairman CHAIRMAN NOMINATIONS: Ms. Vesia nominated Mr. Schulke for Chairman. Mr. Schulke nominated Mr. Munsart. Roll call: Mr. Puska - Mr. Munsart Ms. Vesia - Mr. Schulke Mr. Thomas - Mr. Munsart Mr. Schulke - Mr. Munsart Mr. Munsart - Mr. Munsart Ms. Kilkelly(a) - Mr. Munsart i PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 15, 1998 The vote was 5 - 1. Mr. Munsart was elected Chairman of this Commission. VICE CHAIRMAN NOMINATIONS: Chairman Munsart nominated Joe Schulke. Mr. Thomas nominated Ms. Vesia. Roll call: Mr. Pliska - Mr. Schulke Mr. Thomas - Ms. Vesia Mr. Munsart - Mr. Schulke Ms. Vesia - Mr. Schulke Mr. Schulke - Mr. Schulke Ms. Kilkelly(a) - Ms. Vesia The vote was 4 - 2. Mr. Schulke was elected Vice Chairman of this Commission. NEW BUSINESS: PUBLIC HEARINGS - HOME OCCUPATIONAL LICENSES: 1. 109 Empress Avenue - Scott Wheeler The applicant was not present and Jan King explained that she had been unable to contact him and (041� indicated that staff feels responsible for the lack of communication. She suggested that this Commission could act on it if that was their desire. The secretary noted that there were nine (9) notices of hearing sent out and there were no objection or non -objection letters received. Chmn. Munsart opened and closed the public hearing at 7:12 pm, as there was no public input. MOTION by Vesia/Kilkelly I make a motion that we approve the Home Occupational License for Scott Wheeler dba SRW Errands, Etc., at 190 Empress Avenue, Sebastian. A voice vote was taken. b - 0 motion carried. 2. 103 HARBOR POINT DR. - JOHN KING Mr. John King, 103 Harbor Point Drive, Sebastian, was present. The secretary noted that there were fifteen (15) notices of hearing sent out and there were two (2) objection letters and one (1) non -objection letter. She also noted that the applicant received copies of these letters. /0'"N Mr. King commented that this will be a Real Estate Office, office of convenience. He noted that he had an Occupational License at 182 Dehmonte for the same type of business for five or six years, until he moved. He added that there had never been any complaints. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 15, 1998 Mr. Massarelh gave staff presentation and recommended approval. Mr. Thomas referred to the deed restrictions of Harbor Point Subdivision, and they contained an exception for Home Occupational License. Mr. King satisfactorily answered questions from several Commission members. Chmn. Munsart opened and closed the public hearing at 7:20 pm, as there was no public input. MOTION by Schulke/Kilkelly(a) I move that we approve a conditional use permit for a Home Occupational License for Real Estate Broker and Property Investment business, the business name is Realty King, Inc. and E & E Development, Inc. for John King, the project location is 103 Harbor Point Drive, Lot 3 Harbor Point subdivision. Roll call: Mr. Thomas - No Ms. Kilkelly(a) - Yes VC Schulke - Yes Mr. Pliska - Yes Chmn. Munsart - Yes Ms. Vesia - Yes The vote was 5 - 1 in favor. Motion carried. CHAIRMAN MATTERS: Chmn. Munsart inquired about site plan terminations/extensions, last revised 9/9/97, and wanted to know about those that are more than thirty (30) days past the requirement. He specifically asked about Vickers Grove, Morchesky Sand Mine and Fisher's Museum, among others. Mr. Massarelli responded that the recent moratorium has created questions about site plan approvals, and he is waiting on a response from the City Attorney. He gave information about the other sites mentioned above. Chmn. Munsart requested current status of Vickers Grove subdivision and staff responded that it will be checked. MEMBERS MATTERS: Ms. Kilkelly asked about obtaining a street sign for a child who is deaf, to warn vehicle drivers. Staff suggested that the Public Works Department or City Engineer be contacted. Mr. Thomas suggested checking the Disabilities Act. She then mentioned Catalano (Car Sales), noting that there are three (3) employees working there. She reminded the Commission of Mr. Catalano's statements when he came before this Commission asking for approval. She gave other information which she had observed. Staff indicated that this would be looked into. t,016\ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 15, 1998 There was discussion about Code Enforcement during off hours and weekends. Mr. Pliska asked how many time a business owner can be cited before their license or permit is taken away from them for Code violations. Staff responded that with State Statute regulations, which are rather vague on how often it can happen, it is required that the violator is notified and be given an opportunity to correct the violation, then the process was explained when it becomes a repeat violation. There was more discussion on this issue. It was requested to have access to an interpretation by the City Attorney at some Planning and Zoning meetings. Mr. Munsart reminded all present that, prior to the present City Attorney, the previous City Attorney was present at all P & Z meetings. Staff suggested that if there is a need for representation at the meetings, the City Council should be informed. It was also noted that there is no budget for this, at present, but there is a meeting scheduled for February 4 about Code Enforcement which should clear up some problems. Ms. Kilkelly noted that she was more disturbed by statements that Mr. Catalano made, then went against those issues. Staff commented that in discussing this with the City Attorney, it was pointed out that the number of employees was critical in evaluating the parking needs on that site, and reference can be made to the site plan. Staff noted past Code Enforcement techniques, and suggested that City Council needs to give clear directions. Collection of fines and administrative costs were noted. There was more discussion on the Code Enforcement issue. Ms. Kilkelly noted her concern about the Sebastian Lakes PUD, the plan that was recommended for approval last week. She wanted to know how the second plan complied with the Comprehensive Plan, and the first one was determined not to comply with the Comp. Plan. She noted that she is waiting for an opinion from the City Attorney. Staff noted that the City Attorney was extremely ill, and as soon as she is able, she will get this opinion to this Commission. It was noted that it is now City Council's responsibility, and it was only a recommendation from P & Z Commission. Mr. Schulke mentioned the relationship between the Land Development Code and the Comprehensive Plan, and would like a legal opinion and clarification of consistency and inconsistencies. Ms. Vesia brought up the subject of tractor -trailer parking on U.S. 1, described where the signs are /49�,N located, and suggested changing the one at the westbound lane of CR 512. Staff agreed to check into this issue. 4 . ' /001 /49161) PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 151 1998 Mr. Pliska noted traffic lights on CR 512 that need turning signals. Mr. Massarelli suggested that he speak to the Engineering Department about this. Mr. Schulke asked to be excused from today's LPA meeting because of a prior business meeting that took longer than anticipated. The Chairman indicated agreement. DIRECTOR MATTERS: Mr. Massarelli announced that he approved a minor site plan modification for Dennis Fink who operates the Eagles Nest restaurant at the golf course, to enclose the patio behind the club house for additional restaurant seating. He noted that he has been approached by Mr. Libertino (Day Care case on Wimbrow) and he has an interest in a piece of property off Bailey Ave. He pointed out that it is zoned public service, and day care is allowed there as a conditional use. There was discussion about whether this site was near a major collector street, and what the term "near" meant. He then noted that last night, City Council rejected the Mulching Ordinance. He gave information that in December, 1997, City Council agreed with the recommendation from Planning and Zoning Commission. After rewriting this Ordinance and taking it back to City Council, they rejected it and said to prepare another Ordinance that restricts "commercial" mulching machines to stationary sites on ten (10) acre tracts in Industrial zoning to be approved by a special use permit by City Council. He is waiting for an opinion from the City Attorney as to whether this new Ordinance must be advertised. Chmn. Munsart adjourned the meeting at 8:28 pm. (2/17/98 AB) 5 rn City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE )561) 589-5537 ❑ FAX )561) 589-2566 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MINUTES OF MEETING HELD 7'f}N u -Ate){ )V 1997 APPROVED AT MEETING HELD FEBP �,APq 19 . 1997 ANN BRACY, RECORDI:NGSECRETARY] .. ..::. �� PZMAF.DOC !"W.k