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Home My WebLink About03181993 PZ City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PLANNING AND ZONING COMMISSION REGULAR MEETING AGENDA MARCH 18TH, 1993 CALL TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES; OLD BUSINESS; FEBRUARY 18TH, 1993 MODEL HOME PERMIT - VERSA DEVELOPMENT NEW BUSINESS: MODEL HOME PERMIT - PACE 2000, INC MINDR SiTE PLAN - JERRY SMITH'S TILE AND CARPET POROUS PARKING TO R/R TRACK DISCUSSION/ACTION RiVERFRONT REZONING DISCUSSION WIDTH OF PARKINGSTALLS DISCUSSION PROPOSAL TO AMEND CORNER LOT SETBACKS CHAIRMANS MATTERS: MEMBERS MATTERS: ATTORNEYS MATTERS: BUILDING OFFICIAL MATTERS: ENGINEERS MATTERS: ADJOURN NOTE; 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 KS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF DATE OF ACTION. (286.0105 F.S.) REVISED DUE TO ACTION AT THE MARCH 4TH, 1993 MEETING City of Sebastian POST OFFICE BOX 780127. [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (497) 589-5570 PUBLIC NOTICE 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 REGULAR MEETING ON THURSDAY, MARCH 18TH, 1993 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PLANNING AND ZONiNGCOMMISSION REGULAR MEETING MINU~ES MARCH 18th, 1993 CHAIRMAN KRULIKOWSKZ OPENED THE MEETING AT 7:00 P.M. PRESENT; MR. THOMPSON, MR. FISCHER, MR, KRULiKOWSKI, MR. FIRTION, MR. GOLDSTEIN, MRS. KILKKLLY, MR. SHROYER ABSENT; MR. FULLERTON, AND MRS. DAMP, EXCUSED ALSO PRESENT; LiNDA KINCHEN, SECRETARY, BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT ANNOUNCEMENTS; MOTION TO ADD LETTER OF RESIGNATION FROM MRS. DAMP TO THE AGENDA MADE BY MR. THOMPSON SKCONDMR. FISCHER PASSED UNANIMOUSLY. APPROVAL OF MINUTES: FEBRUARY 18, 1993 - A MOTION TO APPROVE AS SUBMITTED MADE BY MR. THOMPSON SECOND MR. FISCHKRPASSED UNANIMOUSLY. OLD BUSINESS: VERSA DEVELOPMENT MODEL HOME PERMIT 1367 BARBER STREET GUIDO GREGORIS IS PRESENT LOT 2.2, BLOCK 301 UNIT 10 MRS. :KILKELLY ASKS IF HE MAS A LOCAL OFFICE AND HE STATES YES AT 1069 MAIN STREET. PUBLIC HEARING OPENED AT 7:10 P.M. CLOSED AT 7:10 P.M. NO COMMENTS A MOTION TO APPROVE THE MODEL HOME FOR VERSA DEVELOPMENT AT 1367 BARBER STREET WAS MADE BY MRS. KILKELLY SECOND MR. FISCHER PASSED UNANIMOUSLY. MODEL HOME PERMIT - PACE 2000, INC.' NO ONE IS PRESENT - A MOTION TO POSTPONEUNTIL APPLICANT CAN ATTEND WAS MADE BY MR. THOMPSON SECOND MR. GOLDSTEIN PASSED UNANIMOUSLY. JKRRY SMITH TILE AND CARPET - MINOR SiTE PLAN APPROVAL RANDY MOSBY AND JERRY SMITH ARE PRESENT TO ANSWERQUESTIONS. RANDY STATES THAT A UNITY OF TITLE WILL NOT BE POSSIBLE UNTIL ONE OF THE MORTGAGES ARE PAID OFF BUT WOULD NOT OBJECT TO A WRiTTENAGREEMENT WITH THE CITY. CHAIRMAN KRULIKOWSKI DECLARES A CONFLICT OF INTEREST ON THIS ITEM. PROPER PAPERWORK HAS BEEN FILED. LOADING AREA HAS BEEN REMOVED TO ALLOW FOR STORMWATER RETENTION - LANDSCAPING REQUIREMENTS SHOULD BE ONE TREE PER 35 FEET. ON THE FRONT SiDE . STOP SiGN AND STOP BAR AT THE U, S. #1 EXiT WILL BE REQUIRED. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MARCH 18, 1993 PAGE TWO MRS. KILKELLY STATES THAT THE T.R.C. PAGK TWO DOES NOT SHOW A BLDG HEIGHT AND SHOULD REFLECT 29 FEET MR. GOLDSTEIN ASKS ABOUT THE WIDTH OF THE SOUTH DRIVE RANDY STATES IT IS 17 FEET - THE APPLICANT WILL BE INSTALLING TWO TREES AND A SMALL HEDGE ALONG WITH A FLOWER LANDSCAPE TO MAKETHE BUILDING LOOK BETTER. A MOTION TO APPROVE THE MINOR SITE PLAN FOR JERRY SMITHS TILE AND CARPET AT 915 U.S. HIGHWAY 91 WAS MADE BY MRS. KILKELLY SECOND MR. SHROYER MRS. KILKELLY AGREED TO AMEND DURING DISCUSSION TO ADD THE REQUIREMENT FOR A UNITY OF TITLE OR LEGAL AGREEMENT. AN AMENDMENT TO THE MOTION WAS MADE BY MR. THOMPSON SECOND MR. GOLDSTEIN REQUESTING THAT THE DATE OF THE SITE PLAN, AND PLAN NUMBER BE A PART OF THE MOTION AN AMENDMENT TO THE MOTION BY MR. GOLDSTEIN SECOND MR. THOMPSON TO INCLUDE ALSO THAT 3 TREES, ATTY APPROVAL OF LEGAL AGREEMENT AND LOADING ZONE BE LINED WITH STRIPES AMENDMENT TWO PASSED UNANIMOUSLY WITH ONE ABSTAIN AMENDMENT ONE PASSED UNANIMOUSLY WITH ONE ABSTAIN MAiN MOTION PASSED UNANIMOUSLY WITH ONE ABSTAIN RECESS CALLED AT 8:05 P.M. BACK AT 8:10 P.M. ALL PRESENT POROUS PARKING TO RAILROAD TRACKS DISCUSSION - RIVERFRONT DISTRICT ENCOMPASSES THIS AREA. MR. THOMPSON SPEAKS IN FAVOR OF THE CHANGE - MR. SHROYER IS AGAINST IT MR. GOLDSTKIN DISCUSSES HIS PROPOSAL WHICH WAS FAXED TO BRUCE AND ASKS THE COMMISSION TO CONSIDER IT - THEY DO NOT HAVE A COPY OF SAME. A MOTION TO RECOMMEND TO STAFF AND THE CITY COUNCIL THAT SECTION 20AS.5E2 LAST LiNE "BE DELETED AND A NEW SENTENCE BE ADDED WHICH STATES - SITES LOCATED EAST OF THE FLORIDA EAST COAST RAILROAD" BE INSERTED MADE BY MR. THOMPSON SECOND MRS. KILKKLLY PASSED 6-1 WiTH MR. SHROYKR VOTING NO. RIVERFRONT REZONING DISTRICT DISCUSSION - BRUCE CALLED CF FOR A LACK OF ANOTHER CATEGORY - GAVE A BRIEF DESCRIPTION OF HOW HE CAME UP WITH THE USES FOR THE DISTRICT AND ASKED THE COMMISSION TO REVIEW THEM AND ADD OR DELETE AS THEY SEE FIT HE STATED THAT THE AREAS TO BE REZONKD WERE FROM MARTiNLANE NORTH - COR AND CL AREAS - A MOTION TO DUSCUSS FURTHENAFTER REVIEW AT THE NEXT MEETING WAS MADE BY MR. THOMPSON SECOND MR. FISCHER PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES NARCH 18, 1993 PAGE THREE PARKING STALL WIDTHS DISCUSSION MR. THOMPSON STARTS SINCE THIS WAS HIS REQUEST. PAGE 534 STATES SHOULD BE CHANGED TO NINE FOOT SPACES SINCE THE CITY COUNCIL IS GRANTING THEM ON APPEAL ANYWAY MR. THOMPSON FEELS THEY SHOULD BE FROM RAILROAD TRACKS TO RIVERSEDGE. MRS. KILKELLY IS NOT IN FAVOR OF CHANGING THE CODE, MR. FIRTION FEELS IT SHOULD STAY THE WAY IT IS AND IF THE PEOPLE WANT NINE FOOT SPACES THEY SHOULD GO THEOUGH THE NORMAL APPEAL PROCESS TO CITY COUNCIL. MR. GOLDSTEIN FEELS IT IS SILLY TO CONTINUE TO BE OVERRULED AND WILL SUPPORT A MOTION TO CHANGE THE SIZE OF THE SPACES. A MOTION TO RECOMMEND TO STAFF AND CITY COUNCIL THAT SEC 20AS.5A BE REVISED TO PERMIT 9 FOOT STALLS EAST OF THE FLORIDA EAST COAST RAILROAD MADE BY MR. THOMPSON SECOND MR. GOLDSTEIN FOR DISCUSSION - UNDER DISCUSSION MR. SHROYKR STATES IF CITY COUNCIL WANTS TO CHANGE IT LET THEM CHANGE IT NOT THE PLANNING AND ZONING COMMISSION. MOTION FAILED FOUR TO THREE - STALLS REMAIN THE SAME WIDTH. PROPOSAL TO AMEND CORNER LOT SETBACKS - BRUCE EXPLAINS ON THE VIEWER - WANTS TO REDUCE THE PRIMARY SETBACK TO 25 FEET AND THE SECONDARY TO 15 FEET. COMMISSION FEELS THE SIZE OF LOT SHOULD BE THE FACTOR 80 TO 85 OK TO GO TO 25/20 BUT 55 AND ABOVE NO CHANGE SHOULD BE MADE - STAFF TO SEARCH FOR MORE BACKUP ON CORNER SET BACKS AND WILL DISCUSS AT NEXT MEETING. LETTER OF RESIGNATION - NORMA DAMP - CHAIRMAN STATES SORRY TO SEE HER GO BUT HAPPY FOR HER CITY COUNCIL WIN. LETTER ACCEPTED SINCE THERE IS NO OTHER CHOICE. CHAIRMANS MATTERS: NONE MEMBERS MATTERS: MR. THOMPSON ASKS IF SIGN ORDINANCE WILL COME BACK BRUCE STATES WILL DISCUSS UNDER HIS MATTERS. BLDG OFFICIAL MATTERS: TEMPORARY WINDOW SIGNS AND CHURCH SYMBOLS WERE THE ONLY THINGS NOT RESOLVED TEMPORARY SIGNS VISIBILITY IS THE MOST INPROTANT THING BRUCE STATES THIS iS PROTECTED UNDER THE CONVENIENCE STORE ORDINANCE - BRUCE WANTS TO REMOVE THE 30 DAY REQUIREMENTS FOR ENFORCEMENT REASONS. A MOTION TO RKCONKND TO STAFF AND CiTY COUNCIL THAT THE TEMPORARY SIGNS BE TAKEN OUT OF THE PROPOSED ORDINANCE INCLUDING THE 30 DAY REQUIREMENT BY MR. THOMPSON SECOND MR. FISCHER PLANNING AND ZONING COMMISION REGULAR MEETING MINUTES MARCH 18, 1993 PAGE FOUR MR. GOLDSTEIN AMENDED THE MOTION TO RESTORE 50% LIMITATION AND REMOVE ONLY THE 30 DAY LIMITIATION A MOTION TO ENTEND THE TIME 5 MINUTES WAS MADE BY MRS. KILKELLY SECOND MR. THOMPSON PASSED UNANIMOUSLY. MR. GOLDSTEiN CONTINUED - NO TIME LIMIT AND CUMULATORY AREA SHALL NOT EXCEED 50% OF TOTAL TRASNPART AREA - SECOND MRS. KILKELLY - PASSED 6-1 ON THE AMENDMENT THEREFORE NO VOTE WAS REQUIRED ON THE MAIN MOTION. CHURCH SYMBOLS - ALL CHURCH SYMBOL REQUESTS WILL. BE BROUGHT BEFORE THE BOARD FOR APPROVAL. MEETING ADJOURNED 10:05 P.M. 'FORMSB MEM ANDUM OF VOTiN FOR · 'OOUN1T, MUNi¢IPAL,.AND OTHER LOCAL PUBLIO OFFICERS NAME- FIRST NAME--MIDDLE NAME ~ , NAME OF BOAaD. COUNCIL. COMMISSION. AUTHORITY. OR coM'~i~F_ Krulikowski,,Stanley E. Jr. MAiLiNG ADDRESS '~"'" ~ 482 Azine Terrace c,,v ...... ~,~ .... SebaStian, F1 32958 Indian River DAr~ONW..¢.VO~¢URRED March 18, 1993 Planning and Zoning THE BO^aO. COU.C,,.. w.,c~, s,:nve ,S ^ U.,T OF: e~C c~r~ u COUNTY 0 or'HEn LOCAL AOENC¥ '.~"E'OF ~L,~'ci~'~u..,v,s,o~ ......... City of Sebastian MY PogmoN IS: r~ ELECTIVE rCF~PPOINTIVE WHO MU~T FiLE This form is for use by any person serving at the county, city, or other local level of government on an appointed .or elected board, council, commission, authority, or committee~ It applies equally to members of advisory and non-advisory bodies Who are presented with a voting conflict of interest under Section 112.:3143, Florida Statutes. Your responsibilities under the law when faced with a me~sure in which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES holding elective or appointive county, municipel, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under See. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law. son-in-law, and daughter-in-law. A 'business associate" menns any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, eoowner of property, or corporate shareholder (where the shares of the corporation are not listed on any nntional or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from.voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from votin~ and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: ": .. ~..,. ,.~ .~~. ~ , ~.. Althoug*h you:~mu~t ~d~in frOth voting in the' sitUdfi6fis described above, you otherwise amy part,~pate in these matters. However, you must disclose the nature of the conflict before nmkin[ any attempt to influence the decision, whether orally or in writing nnd whether made by youor at your direction. IF YOU iNTEND TO MAKE ANY ATTEMPT TO iNFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH E VOTE WLL BE TAKEN: must complete and file this form (before makinll any attempt to influence the decision) with the penon responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form must he provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. FORM SB- lO-ql PAGE IF YOU MAKE NO ATTEMPT THE DECISION EXCEPT AT THE MEETiNG: ~ You must disclose orally the nature of'your conflict in the measure before participating. '* You must complete the form and file it within 15 days after the vote nccurs with the person respor~ib[e for reco~ing the minutes,nf~ the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immedmtely to the otl[~ members of the agency, and the form must be rend publicly nt the next meeting nfter the form is filed. DISCLOSURE OF LOCAL OFFICER'8 INTEREST !. Stanley E. Krulikowski J.r~rebydb¢lo,e~aton March 18th .19 93: (a) A measure came or will come xx inured to my special private inured to the special gain of inured to the special gain of _x.z inured to the special gain of whom I nm retained; or inured to the special gain of before my agency which (check one) gain; my business associate ........................... ; my relative, ; ,¸by is the parent organizntion or subsidinry of a principal which hns retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is ns follows: · which Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112~317 (1991), A FAILURE TO MAKE ANY REQUIR~ii DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN~~ IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION iN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 89 - 1091 PAGE