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HomeMy WebLinkAbout01231986 PZJim Gallagher Mayor City of Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 PLANNING AND ZONING COMNISSION MINUTES JANUARY 23, 1986 Deborah C. Krages City Clerk MEETING CALLED TO ORDER BY CHAIRMAN HAROLD EISENBARTH AT 7:00 PRESENT MR. JEWELL THONPSON NR. ROBERT FULLERTON MR. WILLIAM ~AHONEY STANLEY KRULIKOWSKI MR. JA~ES WADSWORTH CHAII~RAN HAROLD EISENBARTH ABSENT= NRS. EDRA YOUNG (EXCUSED) MR. ROBERT MCCARTHY (UNEXCUSED) ALSO PRESENT: MR. HECTOR FRANCO, CiTY ENGINEERI MR. TOM PALMBR, CITY ENGINEER~ NR. ROGER CLOUTIER, CITY BUILDING OFFICIAL. ANNOUNCENEN~ NONE . MOTION BY ~IR. THOMPSON, SECONDED BY MR. KRULIKOWSKI, TO APPROVE THE MINUTES AS PRESENTED. MR. WILLIAM MAEONEY ASKED ATTORNEY PALMER IF IT WAS NECESSARY FOR HIM TO RESIGN FROM THE PLANNING AND ZONING CONMISSION SINCE HE HAS STATED HE WILL BE RUNNING FOR THE OPEN CITY COUNCIL SEAT. ATTORNEY PALMER STATED THAT A APPOINTED PUBLIC OFFICIAL, NOT RECEIVING RETRIBUTION, MAY RUN FOR A ELECTED POLITICAL POSITION WITHOUT RESIGNING HIS PRESENT APPOINTED BOARD SEAT. ~ ~ LAND DESIGNATION ]~ CHCAN~ ~ ~ MR. GREGORY GORE WAS NOT PRESENT WHEN THIS ORDER OF BUSINESS CAME UP ON THE FLOOR. NOTION BY MR. KRULIKOWSKI, SECONDED BY MR. WADSWORTH, TO PLACE THIS AGENDA ITEM AS THE LAST ORDER OF BUSINESS UNDER OLD BUSINESS. MIMUTES~ PAGE PLANNING & ZONING COMMISSION JANUARY 23, 1986 MR. HECTOR FRANCO, CITY ENGINEER, WAS IN ATTENDANCE AND PRESENTED THE REVISED SITE PLAN FOR THE BARBER STREET FIRE STATION TO THE PLANNING AND ZONING CO~ISSION. MR. FRANCO STATED THAT HE WILL BE SENDING A LETTER TO CHIEF BUDDY ARAND OF THE FIRE DEPARTMENT STATING THAT THE FIRE DEPARTMENT MUST UNDERSTAND THAT THE PLANS ARE SET UP TO HAVE SEPERATE PHASES OF DEVELOPMENT AND THAT IT WILL BE THE RESPONSIBILITY OF THE FIRE DEPARTMENT TO FOLLOW UP EACH PHASE WITH THE PLANNING AND ZONING COMMISSION ON TIME. MR. FRANCO ALSO STATED THAT THE FIRE DEPARTMENT SHOULD SEND A LETTER WITH EACH PHASE OF DEVELOPMENT. THERE WAS A REVIEW OF THE REVISED SITE PLAN AND A LENGTHY DISCUSSION. MR. ROGER CLOUTIER, BUILDING OFFICIAL, STATED THE METAL BUILDING MEETS THE STANDARD BUILDING CODES, AND THAT HE RECOMMENDS THE BUILDING VERY HIGHLY. CHAII~RAN EISENBARTH ASKED IF THE PLANNING AND ~ONING COMMISSION HAD THE POWER TO APPROVE THE SITE PLAN IN PHASES. ATTORNEY PALMER STATED THAT IT DEPENDS ON THE INDIVIDUAL CASES. ATTORNEY PALMER ALSO STATED THAT THE PLANNING AND ZONING COMMISSION COULD PUT SOME KIND OF TIME TABLE ON IT. ATTORNEY PALMER STATED THAT THE FIRE DEPARTMENT COULD NOT WAIT SOME TWO OR THREE YEARS BETWEEN PHASE ONE AND PHASE TWO, BUT POSSIBLY SOME KIND OF RESONABLE TIME TABLE OF SIX MONTHS TO A YEAR COULD BE GIVEN BETWEEN PHASES. MR. THOMPSON STATED THAT A YEAR WOULD BE RESONABLE BECAUSE OF HOW THE FIRE DEPARTMENT RECEIVES ITS~ REVENUE. MR. MAHONEY ASKED IF THIS WOULD BE A NON,COMPLYING USE BECAUSE OF THE PARKING SPACE SITUATION. ATTORNEY PALMER STATED THAT POSSIBLY SOME TYPE OF TEMPORARY PAI~KING COULD BE UTILIZED UNTIL PHASE TWO IS COMPLETED. THIS PARKING WOULD NOT BE USED EVERY DAY AS WOULD A STORE OR SOMETHING OF THAT NATURE. ~INUTES: PAGE 3 PLANNING & ZONING COMMISSION JANUARY 23, 1986 MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, TO APPROVE THE SECOND REVISED SITE PLAN FOR THE BARBER STREET FIRE STATION, DATED JANUARY 23, 1986, SUBJECT TO: 1) PHASE TWO CONSTRUCTION FOR THIS FACILITY BE STARTED WITHIN ONE YEAR AFTER COMPLETION OF THE FIRST PHASE. 2) TEMPORARY PARKING FOR AT LEAST FOUR (4) OTHER VEHICLES BE PROVIDED SINCE THIS IS A PARTIAL USE FACILITY FOR POROUS PARKING PER CITY OF SEBASTIAN LAND DEVELOPMENT CODE, VIII-7, E-2. 3) DRAWING BE SEALED BY A FLORIDA REGISTED ENGINEER. AYES: ROLL CALL VOTE: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. WADSWORTH CHAIRMAN EISENBARTH NAYS: MR. KRULIKOWSKI MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, TO TABLE THIS MATTER UNTIL THE FEBRUARY 6, 1986, PLANNING AND ZONING COMMISSION MEETING. AT THIS TIME MR. THOMPSON STATED THAT HE HAS FILED A CONFLICT OF INTEREST FORM WITH THE PLANNING AND ZONING COMMISSION SECRETARY AND DID NOT WISH TO PARTICIPATE IN THE DISCUSSION OR VOTING OF THIS PARTICULAR MATTER. MR. GREGORY GORE WAS IN ATTENDANCE AND REPRESENTED F~R. SEMBLER FOR THIS REQUEST. MR. GORE EXPLAINED THAT THE PROPERTY EAST OF MR. SEMBLER IS ZONED GMC, GENERAL MARINE COMMERCIAL, WHICH IS THE ZONING THAT MR. SEMBLER IS REQUESTING. THE PROPOSED USE WILL BE FOR BOAT SALES. MINUTES= PAGE 4 PLANNING & ZONING CO~ISSION JANUARY 23, 1986 MOTION BY MR. WADSWORTH, SECONDED BY MR. FULLERTON, TO INSTRUCT THE PLANNING AND ZONING SECRETARY TO SET UP A DATE FOR A PUBLIC HEARING FOR SEMBLER AND SEMBLERtS RE-ZONING AND LAND USE DESIGNATION CHANGE REQUEST. ROLL CALL VOTE= AYES= MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH CHAIRMAN EISENBARTH NAYS= NONE PRE,APPLICATION DR. .HENRY FISCHER WAS IN ATTENDANCE AND PRESENTED THE COMMISSION WITH TENATIVE SiTE PLANS TO CORRELATE WITH THE ANNEXATION. DR. FISCHER STATED THAT HE WOULD LIKE TO GET THE PLANNING AND ZONING COMMISSION'S FE~INGS ON THE' PROPOSED ZONINGS, 'BEFORE HE BEGINS THE ANNEXATION PROCESS. DR. FISCHER STATED THAT THE MAIN ENTRANCE TO THIS PROPERT~ WILL BE OFF OF VICKERS ROAD AND IT WILL NOT INTERFERE WITH THE TRAFFIC PATTERNS WITHIN THE CITY OF SEBASTIAN. DR. FISCHER EXPLAINED THAT HE WOULD LIKE A SECOND EXIT FOR E~ERGENCY PURPOSES ALONG THE RAILROAD TRACK AND WOULD FEED INTO SCHU~ANN DRIVE. DR. FISCHER EXPLAINED THAT ALONG THE RESIDENTIAL AREA iN THE SEBASTIAN HIGHLANDS, HE WOULD LIKE TO'RAVE A THIRY FOOT (30') BUFFER WHICH WILL HAVE TREES AND GRASS WITH PINIC TABLES AND WOULD LIKE TO DEED THIS PARK TO THE PEOPLE. DR. FISCHER STATED THAT THE TOTAL ANOUNT OF INDUSTRIAL AREA WILL BE APPROXIMATELY THIRTY-ONE ACRES (31). TOTAL ACREAGE IS ONE HUNDRED AND FIFTY ONE ACRES MOST OF WILL BE A RENTAL TRAILER PARK, THE LOTS WILL NOT BE SOLD, WILL GIVE THE CITY TAX BASE. WHICH WHICH 4 ~INUTES: PAGE 5 PLAN & ZONING COMMISSION IARY 23, 1986 DR. FISCHER STATED THAT HE WOULD LIKE TO HAVE THIS PARCEL OF LAND ZONED INDUSTRIAL/COMMERCIAL PUD. DR. FISCHER ALSO STATED THAT HE BELIEVES THE LAND IS NOW ZONED INDUSTRIAL THROUGH THE COUNTY. DR. FISCHER STATED THAT SOMEONE IN THE COUNTY COULD COME IN AND MAKE THIS PROPERTY HIGH USE INDUSTRIAL AT THIS TIME. ALONG WITH THE INDUSTRIAL/COMMERCIAL PUD ALSO A MOBILE HOME PUD. THE COMMISSION DID NOT STATE ANY OBJECTIONS TO THE GIVEN BY DR. FISCHER. MOTION BYMR. THOMPSON, SECONDED BY MR. LETTER TO THE MAYOR AND CITY COUNCIL REQUEST FOR ANNEXATION BE APPROVED. PROPOSALS WADSWORTH, TO SEND A RECOMMENDING THAT THE MR. GREGORY GORE WAS IN ATTENDANCE AND REPRESENTED MR. FISCHER. CHAIRMAN EISENBARTH STATED THAT THiS REQUEST WAS TAKEN BEFORE THE CODE ENFORCHMENT BOARD AND THE CODE ENFORCEMENT BOARD MOVED THAT THE REQUEST BE HANDLED BY THE PLANNING AND ZONING COMMISSION PER THE CITY OF SEBASTIAN~S LAND DEVELOPMENT CODE. MR. GORE STATED THAT MR. FISCHER HAS PUT AN ENCLOSURE AROUND THE SHOWER AREA WHICH IS ATTACHED TO THE HOUSE. MR. GORE CONTENDED THAT THIS IS AN ENCLOUSURE AND NOT A FENCE, AND IT IS FOR PRIVACY ONLY. MR. GORE STATED THAT HE WAS NOT SURE IF MR. FISCHER NEEDED SPECIAL APPROVAL SINCE THIS WAS AN ENCLOSURE AND NOT A FENCE. MR. GORE STATED THAT THE COMPLAINT HAS COMEFROM A PRIVATE SOURCE WHO HAS BEEN INVOLVED IN LITIGATION WITH THE FISCHERFAMILY, AND WITHOUT THAT INSTIGATION MR.GORE BELIEVES THAT THE CODE ENFORCEMENT BOARD OR THE PLANNING AND ZONING COMMISSION WOULD HAVE HAD THIS MATTER COME BEFORE THEM. MR. GORE STATED THAT AS HE UNDERSTANDS, THERE ARE NO SETBACK VIOLATIONS. 5 MINUTES~ PAGE 6 PL-"~ING & ZONING COMMISSION ~UARY 23, 1986 MR. CLOUTIER, BUILDING OFFICIAL, STATED HE HAS QUESTIONS WHETHER THIS IS A FENCE OR A STRUCTURAL PART OF THE BUILDING. MR. CLOUTIER STATED HE CANNOT STATE FOR SURE, BECAUSE HE HAS NOT HAD AN OPPORTUNITY TO INSPECT THE SITE. MR. CLOUTIER STATED THAT AFTER SPEAKING WITH MR. FRANCO, CITY ENGINEER, THIS MORNING, MR. FRANCO STATED THAT HE HASINSPECTED THE' STRUCTURE AND HAS FOUND THAT THERE IS A PATIO INSIDE CONNECTING IT TO THE WALL. MR. CLOUTIER STATED THAT IF THIS IS SUCH IT THEN BECOMES PART OF THE STRUCTURE AND IS NOT A FENCE. THEN THIS ENTIRE HEARING IS A WASTE OF TIME BECAUSE OF THE LACK OF INFORMATION ON IT. MR. FRANCO STATED HOUSE. IT IS A SMALL ENCLOSED AREA ATTACHED TO THE MR. JOHN CRICTON, 732 NORTH FISCHER CIRCLE, SEBASTIAN. MR. CRICTON STATED THAT AS FAR AS HE IS CONCERNED, THIS IS A FENCE. MR. CRICTON STATED THAT THE DEED RESTRICTIONS PROHIBITS FENCES ALONG THE SIDE OF A DWELLING. MR. CRICTON ASKED iF THE PERMIT CALLED FOR A FENCE. MR. THOMPSON STATED THAT IS NOT THE PLANNING AND ZONING COMMISSION'S CONCERN. IT IS THE BUILDING DEPARTMENTmS CONCERN. ATTORNEY PALMER STATED THAT DEED RESTRICTIONS ARE NONE OF THE PLANNING AND ZONING COMMISSIONmS BUSINESS. MR. CRICTON STATED HE REALIZED THAT, BUT IF THE COMMISSION APPROVES THIS THEN HE WILL HAVE TO NAME THE COMMISSION AS CO- DEFENDANTS. ATTORNEY PALMER STATED THAT IT IS A FENCE, BUT THERE IS NO PROBLEM WITH THAT. THE COMMISSION HAS THE RIGHT TO ALLOW FENCES UP TO TEN FEET (10') IF THEY THINK IT IS COMPATIBLE WITH THE AREA AND IS STRUCTURALLY SOUND. ATTORNEY PALMER ALSO STATED THAT THE COMMISSION, AS FAR AS THE CITY IS CONCERNED, CAN VERY WELL SAY, IF THE FENCE IS STRUCTURALLY SOUND AND IS CONPATIBLE WiTH THE AREA, IT IS NOT A PROBLEM. THERE WAS MORE DISCUSSION REGARDING THIS MATTER. MR. GORE STATED THAT THIS STRUCTURE IS NOT RUNNING ALONG THE PROPERTY LINE. ATTORNEY PALMER STATED THAT THAT WAS TRUE AND WHETHER OR NOT IT IS A DEED RESTRICTION AT SOUTH MOON UNDER, IT IS NOT THE COMMISSION'S PROBLEM. ATTORNEY PALMER STATED IT IS NOT THE CITY'S PROBLEM IN ANY WAY. 6 'MINUTES~ PAGE 7 PLANNING & ZONING COMMISSION JANUARY 23, 1986 MR. CRICTON STATED THAT APPROXIMATELY A YEAR AGO MR. FISCHER APPLIED FOR A PEI~/~IT AND WAS ALLOWED TO PUT A FENCE UP ALONG SIDE OF MR. CRICTON~S HOUSE FROM THE FRONT ROAD TO THE BACK AND HE BELIEVES THE CITY SAID BACK THEN THAT YOU COULD NOT HAVE A FENCE ALONG SIDE OF A DWELLING. MR. CRICTON STATED THAT MR. FISCHER WAS ALLOWED TO DO SO AND HE TRIED TO MAKE THAT FENCE EIGHT FEET (8~) ALSO. MR. CRICTON STATED THAT HE WAS MADE TO TAKE THAT FENCE DOWN TO SIX FEET (6') AND THERE ARE NO OTHER EIGHT FOOT (8') FENCES IN THE SUBDIVISION. MR. CRICTON STATED THAT HE HAS NO OBJECTIONS TO THE FENCE BEING SIX FOOT (6~), BUT THERE IS NO REASON FOR AN EIGHT FOOT (8') FENCE. MR. CRICTON STATED THAT MR. FISCHER TOLD JUDGE SMITE, AND HE WAS UNDER OATH, THAT IT WAS A ROOM, AND I ASSUME ROOMS HAVE ROOFS ON IT. MR. GORE OBJECTED BECAUSE THE COMMISSION HAS NO TESTIMONY AS TO WHAT WAS SAID TO JUDGE SMITH. MR. CRICTON STATED THAT THE COMMISSION CAN DO WHATEVER THEY WANT, BUT THERE ARE NO OTHER EIGHT FOOT (8~) FENCES IN THE CITY, THAT HE HAS SEEN, AND THEREFORE WE SHOULD NOT MAKE PRECEDENT FOR MR. FISCHER AND BESIDE THAT HE HAS REQUESTED, IN THE DEED RESTRICTIONS HE HAS MADE, HE DOESN'T WANT FENCES ALONG SIDE OF THE HOUSE. MR. CRICTON STATED THAT THE TALLEST FENCE IN SOUTH MOON UNDER iS SIX FEET (6'). MR. CRICTON STATED THAT IF THE COMMISSION WANTS TO GRANT THIS THING, IT SHOULD ONLY BE SIX FEET (6~) TALL. ATTORNEY PALMER STATED THAT THE PROBLEM YOU RUN INTO IS SIX FEET (6~) FROM WHAT. IF MR. FISCHER WANTED TO FILL THE TWO FEET'(2') UNDER THE FENCE TO THE. BOTTOM OF THE FENCE AND ~AKE THE FENCE SIX FEET (6~) FROM THE FILL TO THE TOP OF THE FENCE, THEN IS IT NOT A SIX FOOT (6~) FENCE? MR. CRICTON STATED THAT HE REALIZES THAT THE COMMISSION ISN'T INTERESTED IN THE DEED RESTRICTIONS, BUT THE DEED RESTRICTIONS STATE THAT THERE WILL BE NO CHANGING IN CONTOUR OF THE LAND. MR. CRICTON CONTINUED SO FILLING THE LAND UP TO MAKE IT SIX FEET (6') I WON'T BUY THAT EITHER. ATTORNEY PALMER STATED THAT HE'DIDN~T SAY WOULD YOU BUY IT, HE SIMPLY POSED A QUESTION. MR. CRICTON STATED THAT IT WOULD DEPEND ON THE iNSIDE OF THE FENCE WOULDN'T IT? IT WOULD DEPEND IF YOU WERE STANDING ON THE INSIDE OR ON THE OUTSIDE LOOKING AT THE FENCE. I WOULD I~AGINE IF YOU'RE STANDING ON THE INSIDE LOOKING AT THE FENCE... MINUTES= PAGE 8 PLANNING & ZONING COMI~ISSION JANUARY 23, 1986 ATTORNEY PALMER STATED THAT IF THE INSIDE OF THE FENCE AND THE OUTSIDE OF THE FENCE WERE FILLED TO SIX FEET (6') AND VERTICAL HEIGHT OF THE FENCE WAS SIX FEET (6') FROM THE FILL, WOULD THAT MAKE IT A SIX FOOT (6') FENCE? MR. CRICTON STATED THAT HE DiD NOT SEE ANY PROBLEM IF IT IS SIX FOOT (6') ON THE INSIDE AND SIX FOOT (6') ON THE OUTSIDE. MR, CRICTON ALSO STATED THAT IF HE COULD MEASURE EIGHT FOOT (8') SOMEPLACE THEN HE HAS A PROBLEM. ATTORNEY PALMER STATED SO IF XOU FILLED IT UP TO THAT POINT THEN IT WOULD BE A SIX FOOT (6') FENCE. ATTORNEY PALMER ASKED MR. CRICTON IF YOU TOOK FROM THE GROUND OF THE INSIDE AND OUTSIDE AND MEASURED THAT TO THE TOP, AND IT MEASURED SIX FEET (6'), WOULD THAT BE A SIX FOOT (6') FENCE? F~R. CRICTON REPLIED "XES SIR". THERE WAS A LENGTHY DISCUSSION REGARDING REQUIRBD XARDS. MOTION BY MR. WADSWORTH, SECONDED BX-MR. MAHONEY, TO APPROVE THE REQUEST FOR SPECIAL APPROVAL OF. FENCE HEIGHT BX MR. HENRX FISCHER, PER CITY OF SEBASTIAN LAND DEVELOPMENT CODE, ARTICLE'V; SECTION 20A-5.9; PAGE V-3. THE FENCE iS APPARENTLY'ViSUALLY SAFE AND COMPATIBLE TO THE AREA. ROLL CALL VOTE: MR. THOMPSON MR. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH CHAIRMAN EISENBARTH NAYS: NONE MOTION BY MR. WADSWORTH, SECONDED BY MR. FIVE MINUTE RECESS AT 8=50 P.M. FULLERTON, TO TAKE A CHAIRMAN EISENBARTH CALLED THE MEETING BACK TO ORDER AT 8~55 P.M. ALL MEMBERS THAT WERE PRESENT BEFORE THE CALLING OF THE RECESS WERE PRESENT AT THE RECONVENING OF THE MEETING. 8 MINUTES~ PAGE 9 PLANNING & ZONING CONMISSION JANUARY 23, 1986 THERE WAS A LENGTHY DISCUSSION REGARDING THiS REQUEST. MOTION BY MR. KRULIKOWSKI, SECONDED BY MR. FULLERTON, THIS REQUEST FOR A HOME OCCUPATION LICENSE. TO DEN~ ROLL CALL VOTE: AYES: MR. KRULIKOWSKI NAYS: MR. THOMPSON MR. FULLERTON MR. ~AHONEY MR. WADSWORTH CHAIRMAN EISENBARTH MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, TO SEND A LETTER TO TOM PALMER, CiTY ATTORNEY, AND ~R. ROGER CLOUTIER, BUILDING OFFICIAL, REQUESTING THEM TO PUT iN WRITING 'THEIR OPINION OF THIS HOME OCCUPATION REQUEST AND TABLE THIS ~ATTER UNTIL THE FEBRUARY 6, 1986, PLANNING AND ZONING MEETING. ALSO TO PLACE THIS PARTICULAR ITEM UNDER OLD BUSINESS ON THE AGENDA. ROLL CALL VOTE: AYES~ MR. THOMPSON ~R. FULLERTON MR. MAHONEY MR. KRULIKOWSKI MR. WADSWORTH CHAIRMAN EISENBARTH NAYS: NONE MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, TO APPROVE TEE HOME OCCUPATION REQUEST FOR DAHLBERG ELECTRIC. MQTIQNCA~iED~ MR. ROGER CLOUTIER, BUILDING OFFICIAL, AND THE COMMISSION HELD A DISCUSSION REGARDING BUILDING PERMITS AND SITE PLANS. 9 MINUTES: PAGE 10 PLAh__�NG & ZONING COMMISSION r1UARY 23, 1986 THE COMMISSION THANKED MR. CLOUTIER FOR ATTENDING THE MEETING. CHAIRMAN EISENBARTH STATED THAT HE WOULD LIKE TO MAKE THE PROPOSED AMENDMENT TO THE MASTER PLAN FOR PARKING AND CURB CUT CONTROLS AN AGENDA ITEM FOR THE FEBRUARY 6, 1986, MEETING. CHAIRMAN EISENBARTH STATED THAT THERE IS A PRE -APPLICATION CONFERENCE WITH IN-HOUSE STAFF ON MONDAY, JANUARY 27, 1986, IN MR. FRANCO'S OFFICE, WITH MR. LARRY GOOD. MR. WADSWORTH STATED THAT HE COULD ATTEND THE CONFERENCE ON BEHALF OF THE PLANNING AND ZONING COMMISSION. CHAIRMAN EISENBARTH INFORMED THE COMMISSION OF THE RESIGNATION OF THE PLANNING AND ZONING COMMISSION'S SECRETARY, EFFECTIVE JANDUARY 29, 1986. CHAIRMAN EISENBARTH STATED HE WISHED BRENDA GOOD LUCK IN THE FUTURE. MOTION BY MR. THOMPSON, SECONDED BY MR. WADSWORTH, THAT CHAIRMAN EISENBARTH PREPARE A LETTER TO THE CITY COUNCIL FROM THE PLANNING AND ZONING COMMISSION FOR RECOGNIZATION FOR THE WORK BRENDA SCHAUMAN HAS DONE FOR THE COMMISSION. MOTION CARRIED.. MR. WADSWORTH STATED HE REGRETTED THE RESIGNATION OF BRENDA SCHAUMAN AND THAT IT HAD BEEN A PLEASURE WORKING WITH HER. MOTION BY MR. WADSWORTH, SECONDED BY MR. THOMPSON, TO ADJOURN THE MEETING. M TION CARRIED. MEETING ADJOURNED AT 9:50 P.M. (0%\ 10 ',. FORM4 I K)RANDUMOF DATE ON WHICH VOTE OCCURRED' ~' -- '-- f~'~,~ V~ NAME OF BOARD,.COUN(~IL, ~]~,IMJSSI~)N, &I,J,T. HORIT~, OR C~M~ ~ CONFLICT THE I~OARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ITY In COUNTY r"l OTHER LOCAL AGENCY i-1 STATE WHO' MUST FILE FORM 4 This form is for use by any pergori SerVi~':0n 'either ~n app0inted' or:elected bOard, council, commission, authority, or committee, whether state or local, and it applies:equallY t0' member~ of advisory and non,advisOry bodies who are faced with a voting conflict of interest. As the voting conflict requirements .for public officers at the local level differ from the requirements for. state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municiPal, county, special tax districts, etc.), while PART B is prescribed for all other' boards, i.e., those at the state level.' ' ' PART C of the form contains imtructions as to when and where this form must he filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC oFFICER8 [Required by Section 1'12.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employee~ PROHIBITS each municipal, county, and Other localpubllc 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 publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a Public record in this part below. NOTE: Commissioners cfa Community Redevelopment Agency createud,ord~ignated pursuant to Section 163.356 or Section 163.357, Florida Sta~tute~ (Supp. 19M),.or officers of i:nde, pendent special tax districts cie .c~=d on a one-acre, one-vote basis are not prohibited from voting. In such Cases,' however, the Oral and written disclosure'of this part must he made.' .... I, the undersigned local public officer, hereby disclose that on (a) I ab~,~ed from voting on a matter which (check one): "- inured to my special private gain; or ~ inured to the special gain 6f , by whOm I am retained. CE FORM 4 - REV. 10-84 PAGE (b) The measure on wi ate Filed ¢5 ~ Plca~ ~e PART C for Each state public office capacity upon any meas to disclone the nature ol I, the undersigne (a) I voted on a matter inured to m __ inured to th ~ /~' ~'L gnature instructions on when and where to file IM'i form. VOTING CONFUCT DISCLOIURE.FOR 8TATE OFFICER8 [Required by Section ! 12.3143(2), Florida Statutes (Supp. 1984),] is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official tre which inures to his special private ~ai.n or the special ~ain of any principal by whom he is retained is required ~his interest as a public record in'l~art B belowWJthin 15 days after the vote occurs. ri officer of a state agency, hereby diSClose that on ,19 : vhich (check one): special private ~ain; or special gain of , by whom I am retained. (b) The measure on wl~ Date Filed Please see PART C bel( ich 1 voted and the nature of my interest .in.'the measure is as follows: Signature for instructions on when and where to file this form. This memorandum taus! responsible for recordini be filed merely to indica NOTICE: uNDER PROVISION. BE PUNISHED BY .ONE DEMOTION, REDUCTION iN PART C FILING INITRUCTION8 he filed within fifteen (.15) days following the meeting during which the voting conflict o~'urred with the person thc minutes of thc meeting, who shall incorporate the memorandum in thc meeting minutes. This form need not ;c thc absence of a voting conflict. OF FLORIDA STATUTES~ 112.317(19~), A FAILURE TO MAXE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MI R MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED CE FORM 4 - REV. 1084 PAGE 2 Jim Gallagher Mayor City of Sebastian POST OFFICE BOX' 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589,5330 PLANNING · AND '.ZONING COMPri SSION AGENDA JANUARY 2 3, 19 8 6 Deborah C. Krages City Clerk CALL TO ORDER ROLL. CALL ANNOUNCEMENTS APPROVAL OF MINUTES - JANUARY 9, 1986 O.RE-ZONING & LAND DESIGNATION USE CHANGE - SEMBLER SITE PLANs BARBER STREET FIRE STATION DISCUSSION.RE= ANTENNA ORDINANCE PRE-APPLICATION CONFERENCE - ANNEXATION - DR. HENRY FISCHER REQUEST SPECIAL APPROVAL= DR. HENRY FISCHER - FENCE HEIGHT APPROVAL OF HOME OCCUPATION LICENSES NOTEs IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON TEE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PRO- CEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TEST~I~ONY IN EVIDENCE ON WHICH THE APPEAL IS BASED.