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HomeMy WebLinkAbout02171994 PZCity of Sebastian 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA PLANNING ~ND ZONING CO~4ISSION THURSDAY. FEBRUARY 17~ 1994 7:00 P.M. 2. 3. 4, 8. 9. 10. CALL TO ORDER. ROLL CALL. ANNOUNCEMENTS. APPROVE MINUTES: REGULAR MEETING OF JANUARY 20, 1994. SPECIAL MEETING OF JANUARY 26, 1994. O[,D BUSINESS: PROPOSED PARKING ORDINANCE. HOME OCCUPATIONAL LICENSE - ED'S LAWN SERVICE. NEW BUSINESS: HOME OCCUPATIONAL LICENSE -EXECUTIVE SECURITY CONSULTANTS, INC. HOME OCCUPATIONAL LICENSE - DAVID L. PUSCHER PHOTOGRAPHY. HOME OCCUPATIONAL LICENSE - TIMOTHY GATH (HANDYMAN). MODEL HOME PERMIT -SUNSHINE QUALITY CONSTRUCTION/PATERSON. HOME OCCUPATIONAL LICENSE - B & D SCREENING (AMENDMENT). SITE PLAN REVIEW/PUBLIC HEARING CONDITIONAL USE PERMIT - SEBASTIAN ANIMAL HOSPITAL. SITE PLAN REVIEW/PUBLIC HEARING CONDITIONAL USE PERMIT - STEVENSON HOUSE BED AND BREAKFAST. CHAIRHANSMATTERS: MEMBERS MATTERS: ATTORNEYS MATTERS: BUILDING OFFICIAL MATTERS: ENGINEERS MATTERS: 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. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 PUBLIc NOTI CR CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY SEBASTIAN, FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA, AT A REGULAR MEETING ON THURSDAY, FEBRUARY 17, 199'4, AT 7:00 P.M., FOR A CONDITIONAL USE PERMIT FOR STEVENSON HOUSE BED AND BREAKFAST LOCATED AT 805 INDIAN RIVER DRIVE. J.W. THOMPSON, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE PROPOSED APPLICATION. ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE AMERICAN 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 THE MEETING. PUBLISHED: FEBRUARY 10, 1994 City o/ Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 PUBLIC NOTI CB CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY SEBASTIAN, FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WiLL HOLD A PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA, AT A REGULAR MEETING ON THURSDAY, FEBRUARY 17, 1994, AT 7:00 P.M., FOR A CONDITIONAL USE PERMIT FOR SEBASTIAN ANIMAL HOSPITAL AT 433 FELLSMERE ROAD. J.W. THOMPSON, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE PROPOSED APPLICATION. ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE AMERICAN 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 THE MEETING. PUBLISHED: FEBRUARY 10, 1994 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING FEBRUARY 17, 1994 CHAIRMAN THOMPSON OPENED THE MEETING AT 7:02 P.M. ROLL CALL: PRESENT: MR. MUNSART,.ALTERNATE MR. SHROYER CHAIRMAN THOMPSON MR. GOLDSTEIN MR. BARNES MR. FALKE ABSENT: MR. SCHULKE, EXCUSED MR. FIRTION, EXCUSED MR. FISCHER, EXCUSED IT IS NOTED THAT MR. MUNSART WILL VOTE IN BEHALF OF MR. FIRTION WHO IS ABSENT. ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT ANNOUNCEMENTS: NONE. APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. BARNES TO APPROVE THE MINUTES ~OF JANUARY 20, 1994, REGULAR MEETING. SECONDED BY MR. FALKE. 'ROLL CALL WAS MADE, UNANIMOUS VOTE 6-0. A MOTION WAS MADE BY MR. FALKE TO APPROVE THE MINUTES OF JANUARY 26, 1994, SPECIAL MEETING. SECONDED BY MR. SHROYER. MR. MUNSART MENTIONED THE SPELLING OF THE WORD ALOUD WAS USED IN THE WRONG CONTEXT. ROLL CALL WAS MADE, UNANIMOUS VOTE WITH AMENDMENT 6-0. SECRETARY SO NOTED AND MADE CORRECTION. OLD BUSINESS: HOME OCCUPATIONAL LICENSE ED'S LAWN SERVICE - 574 FUTCH WAY MR. HORVATH WAS PRESENT AND STATE~ THAT HE IS RETIRED AND WOULD LIKE PLANNING AND ZONING COMMISSION REGULAR MEETING OF 2-17m94 PAGE TWO A SMALL BUSINESS STARTED. .... ~E PUBLIC HEARING WAS OPENED AT 7:10 P.M. NO PUBLIC INPUT. PUBLIC HEARING WAS CLOSED AT 7:12 P,M. A MOTION WAS MADE BY MR. FALKE TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR ED'S LAWN SERVICE AT 574 FUTCH WAY. SECONDED BY MR. BARNES. A ROLL CALL WAS MADE, UNANIMOUS VOHE 6-0. NEW BUSINESS: HOME OCCUPATION LICENSE EXECUTIVE SECURITY CONSULTANTS, INC. - 1568 EASTLAKE SANE. PUBLIC HEARING OPENED AT 7:15 P.M. 20 NOTICES WERE SENT, 1 OBJECTION RECEIVED. MR. COOPER ADVISED MR. cIANO THAT THERE HAS BEEN SEVERAL NEIGHBORS WHO EXPRESSED CONCERN ABOUT THE CURRENT OPERATION BEING HELD OUT OF HIS EXISTING HOME. MR. COOPER ASKED HOW MANY EMPLOYEES HE' HAS? MR. CIANO RESPONDED HE HAS 8 SUB-CONTRACTORS AND HAS YEAR ENDING '1993 -1099 TAX FORMS FOR SUB-CONTRACTORS TO,.VERIFY SUCH. MR. CIANO CONSIDERS THEM TO STILL BE HIS EMP~LOYEES EVEN THOUGH THEY ARE SUB- CONTRACTORS, BECAUSE THEY ARE UNDER HIS SUPERVISION. MR~, COOPER INQUIRED AS TO HOW THE SUB-CONTRACTORS ARE PAID. MR. CIANO RESPONDED THAT HE BRINGS THE CHECKS TO THEM. MR. COOPER ASKED MR. CIANO IF HE UNDERSTANDS THE PROVISIONS 'OF THE HOME OCCUPATIONAL LICENSE AND THAT THERE IS NOT TO BE ANY EXTRA ACTIVITY OUT OF HIS RESIDENCE THAN THAT OF A REGULAR RESIDENT. HE RESPONDED YES AND THAT HE IS NOT LOOKING TO INTERFERE WITH~THE PEOPLE IN HIS NEIGHBORHOOD OR MAKE THE COMMUNITY LOOK BAD, JUST TRYING TO CONDUCT A BUSINESS OUT OF HIS HOME. NO PUBLIC INPUT. PUBLIC HEARING CLOSED AT 7:24 P.M. MR. FALKE INQUIRED AT TO WHAT THE DAY TO DAY OPERATIONS OF THE BUSINESS WOULD BE? MR. CIANO RESPONDED ,THAT A CLIENT WOULD CALL AND HE WOULD'GO TO THEIR PLANNING AND ZONING COMMISSION REGULAR. MEETING OF 2-17-94 PAGE THREE LOCATION AND MEET WITH THEM, SHOULD HE NEED TO HIRE ANYONE HE WOULD EN?~'~ MEETING ROOM AND HAVE THEM MEET THERE, ALSO THERE WOULD BE ILLING FROM HIS HOME. MR. FALKE WONDERED IF THERE WERE ARMED SECURITY GUARDS OR RADIO COMMUNICATIONS, SUCH AS A BASE STATION IN HIS HOME? HE RESPONDED NO TO BOTH QUESTIONS. MR. GOLDSTEIN ASKED IF THERE HAS BEEN AN I.R.S. DETERMINATION THAT THESE PERSONS ARE SUB-CONTRACTORS VERSES EMPLOYEES? MR. CIANO RESPONDED NO AND THAT HIS ACCOUNTANT IS IN THE PROCESS OF DETERMINING SUCH, BEING THAT THEY ARE IN THE FIRST YEAR OF BUSINESS. MR. GOLDSTEIN ASKED MR. CIANO TO GO INTO DETAIL AS FAR AS SUPERVISION OF HIS SUB-CONTRACTORS GOES. MR. CIANO RESPONDED THAT HE WOULD GO TO A JOBSITE AND ENSURE THAT THEY ARE PERFORMING TO HIS COMPANIES STANDARDS. MR. MUNSART FELT THAT THESE SUB-CONTRACTORS ARE INDEED EMPLOYEES. MR. COOPER~FELT THAT THERE IS A FINE LINE BETWEEN SUB-CONTRACTOR AND EMPLOYEE. MR. SHROYER ASKED MR. CIANO IF HE HAS A FEDERAL I.D.# AND IS A CHAPTER S CORPORATION. MR. CIANO REPLIED YES TO BOTH QUESTIONS. NO PUBLIC INPUT. ~, MR. COOPER SENSED THAT SOME OF THE COMMISSIONERS FELT THAT MR. CIANO HAD MORE OF AN EMPLOYEE TYPE RELATION AND THAT THEY WOULD HAVE TO MAKE A DECISION ON THERE OWN BASED ON WHAT THEY'VE BEEN TOLD TONIGHT. PUBLIC HEARING CLOSED AT 7:44 P.M. MR. FALKE FELT THAT BY ALL THAT HAS BEEN SAID THE SUB,CONTRACTORS ARE EMPLOYEES, BUT BY THE 1099 TAX FORM BEING USED THEY CAN BE CONSIDERED AS INDEPENDENT CONTRACTORS. A MOTION WAS MADE BY MR. FALKE TO APPROVE THE HOME OCCUPATIONAL LICENSE OF FRANK CIANO - EXECUTIVE SECURITY CONSULTANTS, INC.~'AT 1568 EASTLAKE LANE IN SEBASTIAN.' SECQNDED BY MR. BARNES FOR DISCUSSION. MR~ COOPER REQUESTED THAT THE MOTION BE AMENDED TO REQUIRE 'THE APPLICANT TO PROVIDE 1099 TAX FORMS BEFORE THE HOME OCCUPATIONAL LICENSE IS ISSUED. PLANNING AND ZONING COMMISSION REGULAR MEETING OF 2-17-94 PAGE ~' FOUR MR..'. FALKE STATED THAT HE MADE MOTION WITH THE KNOWLEDGE THAT SHOULD AN,~H~AVORABLE DECISION BE RENDERED ON WHETHER THEY ARE EMPLOYEES OR SUB-CONTRACTORS THAN THE HOME OCCUPATIONAL LICENSE WOULD BE REVOKED JUST LIKE ANYBODY ELSE IN VIOLATION. MR. GOLDSTEIN MADE MOTION TO AMEND THE MOTION TO REQUIRE THAT THE CITY ATTORNEY RENDER A LEGAL OPINION HAVING HEARD THIS TAPE AS TO WHETHER THE APPLICANT HAS EMPLOYEES THAT WOULD FALL UNDER '20A- 6.1(C)(14)(b)(1) "NO PERSON SHALL BE EMPLOYED BY THE OWNER OF THE BUSINESS SEEKING APPROVAL OF THE HOME OCCUPATION EXCEPT INDIVIDUALS WHO ARE MEMBERS OF THE FAMILY PERMANENTLY RESIDING iN THE DWELLING LOCATED ON THE PREMISES WHERE THE HOME OCCUPATION IS TO BE SITUATE.. SECONDED BY MR. SHROYER. ROLL CALL ON AMENDMENT TO MAIN MOTION: AYES: MR. SHROYER NAYS: MR. MUNSART MR. GOLDSTEIN MR. BARNES CHAIRMAN THOMPSON MR. FALKE AMENDMENT PASSED, 4-2. ROLL CALL ON MAIN MOTION (TO APPROVE HOME OCCUPATIONAL LICENSE SUBJECT THE CITY ATTORNEYS LEGAL OPINION). AYES: MR. SHROYER MR. MUNSART CHAIRMAN THOMPSON MR. GOLDSTEIN MR. BARNES MR. FALKE MOTION CARRIED, 6-0. HOME OCCUPATIONAL LICENSE DAVID L. PUSCHER PHOTOGRAPHY - 1510 LACONIA STREET MR. PUSCHER WAS PRESENT. PUBLIC HEARING WAS OPENED AT 7:54 P.M. 11 NOTICES WERE SENT, 1 OBJECTION RECEIVED. NO PUBLIC INPUT. PUBLIC HEARING CLOSED AT 7:59 P,M. A MOTION WAS MADE BY MR. GOLDSTEIN ~TO AWARD THE HOME OCCUPATIONAL LICENSE .TO DAVID L. PUSCHER PHOTOGRAPHY - 1510 LACONIA :STREET, SEBASTIAN. PLANNING AND ZONING COMMISSION REGULAR MEETING OF 2-17-94 ROLL~iCALL WAS MADE, UNANIMOUS VOTE 6-0. HOME OCCUPATIONAL LICENSE TIMOTHY GATH (HANDYMAN) - 787 BAYFRONT TERRACE. MR. GATH WAS PRESENT. PUBLIC HEARING WAS OPENED AT 8:00 P.M. 23 NOTICES WERE SENT, NO OBJECTIONS RECEIVED. PAGE FIVE' MR. COOPER ADVISED MR. GATH THAT HE NEEDS TO SIGN THE HANDYMAN AFFIDAVIT BEFORE HE RECEIVES THE HOME OCCUPATIONAL LICENSE. MR. FALKE QUESTIONED IF HIS^VAN IS MORE THAN 3/4 TON. MR. GATH RESPONDED NOT TO HIS KNOWLEDGE AND HE WOULD VERIFY THIS. NO PUBLIC iNPUT. PUBLIC HEARING CLOSED AT 8:02 P.M. A MOTION WAS MADE BY MR. BARNES TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR TIMOTHY GATH AT 787 BAYFRONT TERRACE SUBJECT TO VERIFICATION OF THE WEIGHT OF HIS VAN. SECONDED BY MR, MUNSART. MR. SHROYER MADE AN AMENDMENT TO THE MOTION THAT THE APPLICANT SIGN THE AFFIDAVIT FOR HIS LIMITATIONS'~FOR THE HANDYMAN LICENSE BEFORE HE GET HIS HOME OCCUPATIONAL LICENSE. THE AMENDMENT WAS SECONDED BY MR. FALKE. ROLL CALL FOR AMENDMENT, UNANIMOUS VOTE 6-0. ROLL CALL ON MOTION WITH AMENDMENT, UNANIMOUS VOTE 6-0. MODEL HOME PERMIT SUNSHINE QUALITY CONSTRUCTION - 1171 ~ARBER STREET FRANK CORMIER WAS PRESENT IN BEHALF OF SUNSHINE QUALITY CONSTRUCTION. PUBLIC HEARING WAS OPENED AT 8:10 P.M. 18 NOTICES WERE SENT, NO OBJECTIONS RECEIVED. NO PUBLIC INPUT. PUBLIC HEARING WAS CLOSED AT 8:12 P..M. A MOTION WAS M~DE BY MR. BARNES TO-APPROVE MODEL HOME APPLICATION FOR SUNSHINE QUALITY CONSTRUCTION AT 1171 BARBER STREET. PLANNING AND ZONING COMMISSION REGULAR MEETING OF 2-17-94 PAGE SIX SECONDED BY MR. FALKE. ~L CALL WAS MADE, UNANIMOUS VOTE 6-0. HOME OCCUPATIONAL LICENSE B & D SCREENING (AMENDMENT) - 642 BROOKEDGE TERRACE MR. FRAPPIER WAS PRESENT. PUBLIC HEARING WAS OPENED AT 8:12 P.M. MR. COOPER STATED THAT MR. FRAPPIER CURRENTLY HAS A HOME OCCUPATIONAL LICENSE AND NOW WISHES TO PURSUE A HANDYMAN LICENSE. 24 NOTICES WERE SENT, 2 OBJECTIONS RECEIVED. NO PUBLIC INPUT. PUBLIC HEARING CLOSED AT 8:15 P.M. A MOTION WAS MADE BY MR. BARNES TO APPROVE THE AMENDED HOME OCCUPATIONAL LICENSE FOR B & D SCREENING LOCATED AT 642 BROOKEDGE TERRACE. SECONDED BY MR. MUNSART. ROLL CALL WAS MADE, UNANIMOUS VOTE 6-0. BREAK WAS TAKEN AT 8:20 AND RECONVEiN~D AT 8:26 P.M. WITH ALL MEMBERS PRESENT. SITE PLAN REVIEW/PUBLIC HEARING CONDITIONAL USE PERMIT - SEBASTIAN ANIMAL HOSPITAL - 433 FELLSMERE ROAD, SEBASTIAN. PUBLIC HEARING WAS OPENED AT 8:26 P.M. FOR CONDITIONAL USE PERMIT. MR. COOPER REVIEWED THE VIDEO TAPE WITH THE COMMISSIONERS OF THE EXISTING BUILDING IN WHICH SEBASTIAN ANIMAL HOSPITAL WISHES TO USE. MR. COOPER ADVISED THAT IF THE CONDITIONAL USE PERMIT IS APPROVED THEN THE SITE PLAN CAN BE REVIEWED AND A'PPROVED. MR. COOPER READ THE CONDITIONAL USE PERMIT SPECIFICAT~'ioNs FROM SECTION 20A-6.1(C)(27). MR. cOOPER STATED THAT IN A PREVIOUS CASE THE CiTY ATTORNEY OPINED THAT SINCE THERE IS A RIGHT-OF-WAY BETWEEN THE PROPERTY AND A RESIDENTIAL AREA, TECHNICALLY THIS DOESN'T ABUT A RESIDENTIAL DISTRICT, BUT STAFF IS STILL RECOMMENDING THAT THE SCREENING I,S STILL PROVIDED ALONG THE REAR. PUBLIC HEARING ON THE CONDITIONAL USE~ERMIT WAS OPENED AT 8:35 P.M. ,RANDY MOSBY WAS PRESENT AND SPOKE IN BEHALF OF THE POTENTIAL OWNER DR. JUTRAS, WHO WAS ALSO PRESENT. FLR.~.MOSBY SPOKE ABOUT WHAT SERVICES WOULD BE PERFORMED BY DR. JUTRAS AND THE CHANGES ~HAT WOULD PLANNING AND ZONING COMMISSION ~REGULAR ,MEETING OF 2-17-94 PAGE SEVEN ..BE MADE SUCH AS SOUND-PROOFING THE WALLS, A HEDGE THAT BUFFERS THE MR. JUTRAS DISCLOSED MORE SPECIFICALLY WHAT SERVICES WOULD BE RENDERED IN HIS OFFICE SUCH AS, VACCINATION OF ANIMALS, TREATMENT OF SMALL ANIMALS AND EXOTICS. MR. JUTRAS STATED THEY HOPE TO MAKE IT LOOK AS PROFESSIONAL AS POSSIBLE. MR. AL ViLARDI OF 445 GEORGIA BOULEVARD WONDERED IF T~E HEALTH DEPARTMENT PERMIT HAS BEEN OBTAINED. MR. COOPER STATED THAT A LETTER WAS RECEIVED FROM H.R.S~ ADVISING WHAT WILL NEED TO BE DONE TO COMPLY. MR. VILARDI ALSO HAD CONCERNS ABOUT THE PARKING, MEDICAL WASTE AND DISPOSAL OF ANIMALS. MR. COOPER STATED THAT PUBLIC INPUT IS FOR THE CONDITIONAL USE PERMIT ONLY AND THAT PARKING AND DISPOSAL OF MEDICAL WASTE AND'~NIMALS IS PART OF THE SITE PLAN, WHICH DOESN'T ALLOW PUBLIC INPUT. MR, VILARDI ARGUED THAT THE CONDITIONAL USE CRITERIA IS .PART OF THE SITE PLAN.. MR. COOPER STATED THAT THE ATTORNEY ADVISED THAT IF THE APPLICANT MEETS THE CONDITIONAL USE PERMIT CONDITIONS THE PLANNING AND ZONING COMMISSION IS BOUND TO APPROVE IT. THERE WAS NO FURTHER PUBLIC INPUT, PUBLIC HEARING CLOSED AT 9:00 P.M. MR. 'COOPER HAD CONCERNS ABOUT THE SOUND-PROOFING AND STATED THAT BASED UPON. THE APPLICANTS ENGINEER THE BUILDING WILL BE ADEQUATELY SOUND-PROOFED. MR. COOPER ALSO STATED PERHAPS THE CEILING SYSTEM WILL ALSO HAVE TO BE SOUND'PROOFED. MR. JUTRAS HAS NO OBJECTIONS TO PUTTING A 5' SCREENING IN THE. REAR OF THE PROPERTY. MR., FALKE MADE A MOTION TO APPROVE THE CONDITIONAL USE OF THE SEBASTIAN ANIMAL HOSPITAL"AT 433 FELLSMERE ROAD PROVIDING'~HAT THE SOUND-PROOFING IS INSTALLED AND SATISFIES THE BUILDING DEPARTMENT AND SCREENING IS PUT ACROSS THE BACK OF THE PROPERTY. SECONDED BY MR,. GOLDSTEIN. ROLL CALL: AYES: MR. SHROYER MR. MUNSART CHAIRMAN THOMPSON MR. GOLDSTEIN MR. BARNES MR. FALKE CONDITIONAL USE PERMIT APPROVED 6-0. PLANNING ~'AND ZONING COMMISSION REGULAR~MEETING OF 2-17-94 PAGEEiGHT ,RDS TO THE SITE PLAN, MR. COOPER QUESTIONED HOW DR., JUTRAS DISPOSE OF THE MEDICAL WASTE. DR. JUTRAS REPLIED THAT THE DEPARTMENT OF PROFESSIONAL REGULATION SPECIFIES THAT A LICENSED CONTRACTOR WOULD REMOVE IT. THE WASTE HAS TO BE SEALED IN A CERTAIN WAY. DR. JUTRAS STATED THAT HE WQULD EVENTUALLY LIKE TO GET A DUMPSTER FOR GARBAGE OTHER THAN MEDICAL WASTE. HE WENT ON TO SAY THAT THERE ARE STRICT REGULATIONS FOR ANIMALS THAT ARE PUT TO SLEEP, SUCH.AS HAVING A FREEZER ON THE PREMISES TO HOLD THE 'REMAINS AND A LICENSED CONTRACTOR WOULD PICK IT UP.. MR. COOPER ASKED WHAT THE DAY TO DAY OPERATIONS WOULD BE AS FAR AS CLIENTELE, APPOINTMENTS AND NORMAL TRAFFIC. DR. JUTRAS REPLIED THAT THERE WOULD BE MORNING OFFICE HOURS FROM 8:00 A.M. TO 10:00 A.'M. FOR VACCINATIONS AND ANIMAL CARE. SURGERY WOULD BE PERFORMED FROM 10:00 A.M. TO 1:00 P.M. OFFICE HOURS AGAIN IN'THE AFTERNOON. FURTHERMORE, THERE WOULD BE HIGH QUALITY ANIMAL CARE AND HEWOULD PROBABLY HAVE 1 APPOINTMENT PER HALF-HOUR, SO THERE WOULDN'T BE EXCESSIVE TRAFFIC. AS FAR AS EMPLOYEES THERE WOULD EVE~UALLY BE A TOTAL OF 3. WALK-IN'S ARE DISCOURAGED. MR. FALKE HAD QUESTIONS ABOUT EXTERIOR LIGHTING. MR. MOSBY STATED THERE IS AN EXISTING LIGHT BUT, ADDITIONAL LIGHTS WOULD BE PROVIDED. A MOTION WAS MADE BY MR'. SHROYER TO APPROVE APPLICATION FOR SEBASTIAN HOSPITAL LOCATED AT 433 FELLSMERE ROAD SUBJECT TO: 1. OUTSIDE STORAGE AREA BE INCLUDED 2. SCREENING ACROSS THE BACK OF THE SIGHT 3. MARGINAL ACCESS EASEMENT 4. EXTERIOR LIGHTING SECONDED BY MR. BARNES. ROLL CALL: AYES: MR. SHROYER MR. MUNSART CHAIRMAN THOMPSON MR. GOLDSTEIN MR. BARNES MR. FALKE MOTION CARRIED, 6-0. SITE PLAN REVIEW/CONDITIONAL USE PERMIT STEVENSON HOUSE BED & BREAKFAST - 805 INDIAN RIVER DRIVE PUBLIC HEARING OPENED AT 9:21 P,M. 18 NOTICES WERE SENT, NO OBJECTIONS, 3 RECOMMENDATIONS. PLANNING AND ZONING COMMISSION REGULAR MEETING OF 2-17-94 PAGE NINE MR. COOPER READ THE CONDITIONS TO BE MET FROM THE LAND DEVELOPMENT ~CODE SECTION 20A-10.2. PETER JONES WAS PRESENT AND spOKE IN BEHALF OF THE OWNER (WHO WAS ALSO PRESENT). HE WENT ON TO SAY THAT THEY ARE SEEKING CONDITIONAL USE APPROVAL, SITE PLAN APPROVAL FOR PHASE I, AND CONCEPTUAL'.APPROVAL OF THE OVERALL MASTER PLAN FURTHERMORE, THEY RE.COGNIZE THEY WILL NEED ADDITIONAL APPROVAL WHEN READY TO INITIATE PHASES II AND III. MR.. COOPER SHOWED A VIDEO OF THE PROPERTY IN QUESTION. NO PUBLIC INPUT. PUBLIC HEARING CLOSED AT 9:'34 P.M. A MOTION WAS MADE BY MR. FALKE TO GRANT THE CONDITIONAL USE PERMIT FOR STEVENSON BED AND BREAKFAST AT-805 INDIAN RIVER DRIVE SUBJECT TO MEETING' ANY STATE REQUIREMENTS. SECONDED BY MR. GOLDSTEIN. ROLL CALL: AYES: MOTION CARRIED 6-0. MR. SHROYER MR. MUNSART CHAIRMAN THOMPSON MR. GOLDSTEIN MR. BARNES MR. FALKE IN REGARDS TO THE SITE PLAN, MR. COOPER STATED THAT THE SITE PLAN APPROVAL IS FOR PHASE I ONLY.. THE EXISTING HOUSE IS CURRENTLY UNDER · SOME RENOVATION ASA SINGLE FAMILY DWELLING WITH NO VESTED RIGHTS TO A COMMERCIAL OPERATION~.~pHASE II AND III THERE ARE NO OBJECTIONS TO THE PROPOSALS, WITH NO VESTED RIGHTS. MR. MOSBY SPOKE IN .BEHALF OF. THE OWNERS AS ENGINEER OF RECORD. HE STATED THAT THE SITE PLAN MEETS DRAINAGE, WATER AND SEWER CRITERIA AND WENT INTO FURTHER DETAIL. MR. JONES SPOKE IN DETAIL ABOUT THE SCREENING, SPRINKLER SYSTEM, EXTERIOR LIGHTING AND THE DIFFERENT PHASES OF THE PROJECT. MR. GOLDSTEIN WONDERED WHY THE .PARKING STALL WIDTHS WERE 9'. MR. JONES REPLIED THAT THE 9' STALL ALLOWED THEM ADDITIONAL PARKING SPACES, INSTEAD OF USING 10' STALLS. A MOTION WAS MADE BY MR. GOLDSTEIN TO APPROVE THE SITE PLANFOR THE STEVENSON BED AND BREAKFAST, 805 INDIAN RIVER DRIVE SUBJECT TO 1. THE APPROVAL BEING FOR PHASE.I ONLY. 2. THAT THE MECHANICAL EQUIPMENT SHALL BE PROPERLY SCREENED. PLANNING AND ZONING COMMISSION REGULAR~MEETING OF 2-17-94 PAGE TEN 3. SUCH APPROVAL IS SUBJECT TO COMPLIANCE WITH RELEVANT STATE CODES THAT MAY HAVE BEEN WITH RESPECT TO coNDITIONAL USE. 4. EXTERIOR LIGHTING BE PROVIDED TO ILLUMINATE THE PARKING LOT. 5. AN IRRIGATION PLAN BE DEVELOPED AND SUBMITTED. 6. APPROVE THE 9' WIDE PARKING STALLS BECAUSE WE AGREE WITH THE REASONS THAT WERE PRESENTED JUSTIFYING IT. 7. LET THE RECORD SHOW THAT IN NO EVENT SHALL SUCH,TENTATIVE APPROVAL THAT WE'VE GRANTED YOU ON PHASES II AND III BY T~ COMMISSION BE DEEMED TO PROVIDE THE APPLICANT WITH VESTED~'IN- THE PRELIMINARY SITE PLAN SKETCH OR WITH RESPECT TO ~NY LAND USE SUGGESTED THEREIN. SECONDED BY MR. BARNES. ROLL CALL: AYES: MR. SHROYER MR. MUNSART CHAIRMAN THOMPSON MR. GOLDSTEIN MR. BARNES MR. FALKE MOTION CARRIED 6-0. CHAIRMAN THOMPSON REQUESTED.' EXTENSION OF THE MEETING FOR 10 MINUTES, NO OBJECTIONS. PROPOSED PARKING ORDINANCE: MR. SHROYER SUMMARIZED HIS PROPOSAL TO INCLUDE THE NUMBER OF SPACES THAT SHOULD BE LIMITED, PARKING ON. VA~ANT LOTS, VARIANCES, AND TOPOGRAPHY OF PROPERTY. MR. GOLDSTEIN MADE A MOTION TO REVIEW THE PROPOSAL AND PUT .IT ON THE NEXT MEETING. SECONDED BY MR. BARNES. THERE WAS A UNANIMOUS VOTE TO PUT THE'PROPOSED R.V. REVISIONS ON THE NEXT MEETING. MEETING ADJOURNED AT 10:10 P.M.