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Home My WebLink About04161992 PZCity of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 PLANNING AND ZONING COMMISSION REGULAR MEETING AGENDA APRIL 16TH, 1992 CALL TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES; MARCH 19TH, 1992 REGULAR MEETING OLD BUSINESS; LDC CHANGES DISCUSSION CONTINUED NEW BUSINESS: HOME OCCUPATIONAL LICENSE - R.W.L. LAWN CARE HOME OCCUPATIONAL LICENSE - NATURE'S CLIPPER'S HOME OCCUPATIONAL LICENSE - SKI CONSTRUCTION MODEL HOME PERMIT - BELMONT HOMES SITE PLAN - KENNEDY LAW OFFICE PARK DISCUSSION ROBERT BRODIE CHAIRMANS MATTERS; MEMBERS MATTERS; ATTORNEYS MATTERS; BUILDING OFFICIAL MATTERS; ENGINEERS MATTERS: CITY PLANNER 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 IS MADE, WHICH RECORD 10011� 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.} City of Sebastian it POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 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, APRIL 16TH, 1992 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA. /^a S (40°1 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES APRIL 16, 1992 VICE CHAIRMAN WADSWORTH OPENED THE MEETING AT 7:00 P.M. DUE TO CHAIRMAN HAVING LARYNGITIS. PRESENT; MRS. KILKELLY, MR. THOMPSON, MR. WADSWORTH MR. MAHONEY, MR. KRULIKOWSKI, ABSENT; MR. FULLERTON, MR. SHROYER, MR. LINDSEY AND MRS. O'CONNOR ALSO PRESENT; LINDA KINCHEN, SECRETARY, BRUCE COOPER AND CATHERINE HILTON, KATHY MARTIN ANNOUNCEMENTS; A MOTION TO CHANGE THE ORDER OF BUSINESS MOVING OLD BUSINESS DOWN TO THE END OF THE AGENDA WAS MADE BY MAHONEY SECOND MR. KRULIKOWSKI PASSED UNANIMOUSLY. --------------------------------_----------------------------- APPROVAL OF MINUTES: MARCH 19, 1992 - MR. MAHONEY REQUESTED THAT ON PAGE THREE UNDER HIS MEMBERS MATTERS THAT IT BE ADDED THAT HE ASKED BRUCE FOR A VERBAL OPINION ON THE MATTER BY THE CITY ATTORNEY AND BRUCE AGREED TO OBTAIN ONE. A MOTION TO APPROVE THE MINUTES AS AMENDED WAS MADE BY MR. THOMPSON SECOND MRS. KILKELLY PASSED UNANIMOUSLY. -----------------------------------------------w-----_------ NEW BUSINESS: HOME OCCUPATIONAL LICENSE - RANDY LAVENDER 103 REDGRAVE R.W.L. LAWN CARE MR. MAHONEY ASKS IF THIS IS A TELEPHONE REQUEST ONLY AND APPLICANT STATES YES. MRS. KILKELLY STATES THAT THE APPLICATION PAPER WORK SPECIFIES THAT THE TRAILER IS KEPT ELSEWHERE HOWEVER WHEN SHE WENT BY IT WAS IN THE APPLICANTS GARAGE AND WAS THIS AN EXCEPTION TO THE RULE - APPLICANT STATES YES THE GATE WAS LOCKED AT HIS BROTHERS SOD YARD AND HE HAD TO TAKE THE TRAILER HOME AND PARK IT IN THE GARAGE. MR_ MAHONEY STATES HE HAS ONE LETTER OF OBJECTION FROM PROPERTY OWNERS IN NEW YORK. PUBLIC HEARING OPENED AT 7:10 P.M. CLOSED AT 7:10 P.M. NO COMMENTS BRUCE STATES FOR THE RECORD TO THE APPLICANT THAT THE TRAILER CANNOT BE STORED AT THE RESIDENCE AND HE NEEDS TO BE SURE OF THAT IN THE FUTURE - APPLICANT UNDERSTANDS TOMMIE STATES THERE ARE FOUR LETTERS TOTAL THREE AGAINST AND ONE IN FAVOR A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR R.W.L. AWN CARE AT 103 REDGRAVE WAS MADE BY MRS. KILKELLY SECOND MR. THOMPSON PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES APRIL 16, 1992 PAGE TWO HOME OCCUPATIONAL LICENSE - NATURES CLIPPERS - BILL CURRY 757 ROSEBUSH TERRACE - TELEPHONE ONLY REQUEST PUBLIC HEARING OPENED AT 7:12 F.M. CLOSED AT 7:12 P.M. NO COMMENTS ONE LETTER OF OBJECTION RECEIVED FOR THE RECORD A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR BILL CURRY AT 757 ROSEBUSH WAS MADE BY MR. THOMPSON SECOND MRS. KILKELLY PASSED UNANIMOUSLY. MR. THOMPSON STATED FOR THE RECORD THAT A LETTER REGARDING THE TRAILER WAS ON FILE WITH THE APPLICATION. ---------------------------------------------------------_---- HOME OCCUPATIONAL LICENSE - SKI CONSTRUCTION - STANLEY KRULIKOWSKI JR AT 482 AZINE TERRACE - APPLICANT STATES TELEPHONE ONLY REQUEST PUBLIC HEARING OPENED AT 7:15 P.M. CARL W. HIMMER AT 455 AZINE TERRACE ASKS REGARDING TRAFFIC AND CONSTRUCTION MATERIALS - BRUCE EXPLAINS THAT INCREASED TRAFFIC AND STORAGE ARE PROHIBITED UNDER THE ORDINANCE FOR HOME OCCUPATIONAL LICENSES. JANET JUROVATY SPEAKS FOR HER DAUGHTER WHO OWNS PROPERTY ON COLUMBIA AVENUE - WANTS TO KNOW IF GRANTING THIS REQUEST WILL CHANGE THE ZONING TO COMMERCIAL IN THE FUTURE - SHE IS ASSURED THAT THIS WILL NOT HAPPEN. PUBLIC HEARING CLOSED AT 7:20 P.M. A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR SKI CONSTRUCTION AT 482 AZINE TERRACE WAS MADE BY MRS. KILKELLY SECOND MR. THOMPSON PASSED 4-0 WITH MR. KRULIKOWSKI DECLARING A CONFLICT OF INTEREST ABSTAINING FROM THE VOTE AND FILLING THE PROPER FORM WITH THE SECRETARY WHICH WILL BE COME A PART OF THESE MINUTES. -------------------------------------------------------------- BELMONT HOME MODEL HOME PERMIT LOT 5 BLOCK 395 UNIT 11 -CHRIS HERMAN IS PRESENT TO ANSWER QUESTIONS CHAIRMAN KRULIKOWSKI EXCUSES HIMSELF DUE TO HIS ILLNESS AT 7:20 P.M. FOR THE EVENING PUBLIC HEARING OPENED AT 7:20 P.M. CLOSED AT 7:20 P.M. NO COMMENTS A MOTION TO APPROVE THE MODEL HOME PERMIT FOR BELMONT HOMES AT LOT 5, BLOCK 395 UNIT 11 WAS MADE BY MR. THOMPSON SECOND MR. MAHONEY PASSED UNANIMOUSLY. SITE PLAN -KENNEDY LAW OFFICE RANDY MOSBY IS PRESENT Mk_ THOMPSON STATES THE WATER TANK ON THE SITE PLAN NEEDS TO BE RELOCATED AS SHOWN ON THE SURVEY AND RANDY MOSBY STATES THE ALLEY IS TO BE ABANDONED AND THE PROPERTY LINE WILL CHANGE WHICH PUTS THE TANK IN THE PROPER LOCATION. s /00'1 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES APRIL 16, 1992 PAGE THREE MR. THOMPSON QUESTIONS THE COLOR OF THE BUILDING AND ASKS IF THE OWNER INTENDS TO DO ANYTHING ABOUT IT SECRETARY REMINDS HIM THAT THE APPLICANT STATED AT THE CONCEPTUAL APPROVAL STAGE THAT THE BUILDING WAS TO BE PAINTED BUT DID NOT SPECIFY A COLOR. RANDY ASKS IF THE COMMISSION CAN REGULATE COLOR AND BRUCE EXPLAINS THE NEW CHANGE IN THE CODE WHICH STATES MUST BE HARMONIOUS WITH THE SURROUNDING AREA. A MOTION TO APPROVE THE SITE PLAN FOR THE KENNEDY LAW OFFICE AT 707 JACKSON STREET AS SHOWN ON SHEET C-1 PAGE 1 OF 1 OF MOSBY AND ASSOCIATES DRAWING SIGNED, SEALED AND DATED ON APRIL 16, 1992 SUBJECT TO CONDITIONS AS OUTLINED IN THE TRC REPORT DATED APRIL 3, 1992 AND THE CITY ENGINEERS MEMO DATED APRIL 7, 1992 SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. FURTHER THE COMMISSION APPROVES THE WAIVER REQUIREMENT FOR THE 22 FOOT AISLES TO TWENTY ONE FEET AND ALSO THE USE OF TWO COMPACT PARKING SPACES FOR THIS PARTICULAR PROJECT - BY MR. THOMPSON SECOND MR. MAHONEY PASSED UNANIMOUSLY. -------------------------------------------------------------- PARK DISCUSSION BY ROBERT BRODIE AND RON HARSH - MR. BRODIE INTRODUCES MR. HARSH WHO SPEAKS FIRST STATES THEY ARE FORMING A CITIZENS PARK ADVISORY COMMITTEE AND WOULD LIKE TO START BY CONSTRUCTING A BANDSHELL-PAVILION AT RIVERVIEW PARK STATES THE TEENS WILL PUT $1000 IN THE FUND TO START THE FUND RAISER MR. HARSH STATES HE DOES NOT SEE THEM ASKING THE CITY FOR ANYTHING EXCEPT SOME GRADING WORK POSSIBLY A LITTLE SOD -THEY INTEND TO RAISE ALL THE MONEY FOR THE COST OF THE BANDSHELL THEMSELVES. STATES THAT THE COMMITTEE WILL BE RESPONSIBLE FOR CONSTRUCTION, MAINTENANCE AND CLEAN UP OF THE FACILITY - HE TURNS IN A PETITION SIGNED BY RESIDENTS THE CAR SHOW IN FAVOR OF THE BANDSHELL AT THE PARK. MR. HARSH TURNS THE FLOOR OVER TO MR BRODIE WHO EXPLAINS HIS DRAWING AS A FUTURISTIC IDEA AND ASKS THE COMMISSION TO BE VISIONARIES -THE MEMBERS HAVE SOME PROBLEMS WITH THE CONCEPT AND ADVISE MR. BRODIE OF SAME PETER JONES REQUESTS PERMISSION TO READ A LETTER INTO THE RECORD AND IS PERMITTED TO DO SO -A COPY IS ATTACHED TO THE MINUTES BREAK AT 8:50 P.M. BACK AT 9:00 P.M. ALL PRESENT EXCEPT MR. KRULIKOWSKI-WHO HAD EXCUSED HIMSELF EARLIER. LAND DEVELOPMENT CODE CHANGES WHERE PICKED UP ON PAGE 6 THE COMMISSION REVIEWSPAGES 6 THRU 10 AT 10 MINUTES TO 10:00 P.M. MR. MAHONEY ASKS IF THERE ARE ANY MEMBERS MATTERS OR BUILDING OFFICIAL MATTERS DUE TO THE MEETING NORMAL CLOSE OUT AT 10:00 P.M. BRUCE STATES HE WANTED THE COMMISSIONS COMMENTS AND FEELINGS ON THE SIGN ORDINANCE REQUIREMENTS FOR (wm*1 REMOVAL OF NON CONFORMING SIGNS - MR. THOMPSON MADE A MOTION TO SUPPORT THE STAFF RECOMMENDATION MRS. KILKELLY MADE THE SECOND - WITHDRAWN AT BRUCE'S REQUEST. t eoo� PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES APRIL 16, 1992 PAGE FOUR AFTER MORE DISCUSSION BRUCE STATES WHAT HE NEEDS TO KNOW IS IF THE COMMISSION WILL STAND BEHIND STAFF WHEN LETTERS ARE SENT OUT TO PEOPLE WITH NON—CONFORMING SIGNS TO REMOVE THEM A MOTION TO AGREE TO STAND BEHIND THE STAFF FOR REMOVAL OF NON CONFORMING SIGNS AFTER THE REVISIONS TO THE SIGN ORDINANCE ARE APPROVED WAS MADE BY MR. THOMPSON SECOND MRS. KILKELLY -- PASSED UNANIMOUSLY A MOTION TO EXTEND THE TIME LIMIT FOR TEN MINUTES WAS MADE BY MR. THOMPSON SECOND MR. MAHONEY PASSED UNANIMOUSLY LDC CHANGES WILL BE PICKED UP ON PAGE 11 — THERE WERE NO MEMBERS MATTERS OR OTHER BUILDING OFFICIAL MATTERS AT THIS TIME MEETING WAS ADJOURNED AT 10:10 P.M. i OUNTY, MUNICIPAL AND OTHER LOCAL PuBLiC OFFICERS MAILING ADDRESS THE EOARD. COUNCIL, COMMI~iON. AUTHORITY OR COMMITTEE ON 482 Azine Terrace Sebastian, Fi 32958 DATEONWHICHV~EOCCURRED 4-16992 COUNI~ Indian Riv~ WHICH i SERVE IS A UNIT OF:. ~XCITY O COUNTY 13 OTHER LOCAL AGENCY NAME OF POLITICAL SU~VISION: City of Sebastian MY I~SmON iS: r~ ELECTIVE '~XAPPOiNTiVE WHO MU~T FILE r, oIIM 8B 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 measure 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 112J143, FLORIDA STATUTES A person holding elective or appointive county, municipal, 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 Sec. 163.356 or 163.357, F.S., and officers of independem 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" means any person or entity engaged, in or carrying on a business enterprise with the officer as a partner, joint venturer, coowuer of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the 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 voting; a~ 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: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO iNFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH TE VOTE WLL BE TAKEN: GU must complete and file this form (before making any attempt to influence the decision) with the person 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 he read publicly at the next meeting after the form is filed. CE FORM 8B - 10-91 PAGE IF YOU MAKE NO ATTEMPT TO 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 oocurs with the person responsible for recording the minutes,~ the meeting, who must incorporate the form in the minutes. A copy of the form must he provided immediately to the ~ members of the agency, and the form must he read publicly at the next meeting after the form is f~d. DiSCLOSI.IRE OF LOCAL OFFICER'S INTEREST I, Stanelv R. Kr~] ~nw_~ = J~,herebydisclo~ethaton April~,....1.6, (a) A measure came or will come before my agency which (check one) xx inured to my special private gnin; ~ inured to the special gnin of my business associate, ... ~ inured to the special ~nin of my relative, ~ inured to the special ~ain of whom I am retained: or inured to the special ~ain of is the parent' or~animtion or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I applied for a home occupational license to conduct my Construction Company. Business , by , which I am the Owner Operator of said and thereby receive all profits. Date Filed · -- ..... NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUiRF_d~[i DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWI~ IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED CE FO~M 8B * 10-91 PAGE Peter W. Jones 925Indian River Drive Apt. No. 4 Sebastian, Florida 32958 April 16, 1992 Mr. Stanley Krulikowski, Chairman and Members Planning and Zoning Commission City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Riverview Park Proposal Submittal April 16, 1992 Agenda Discussion Item Dear Members: Just shy of one year ago, a formal presentation was made to you, in a joint meeting with the members of our city council, regarding the riverfront. The presentation and submittal of the 'Vision for the Riverfront Report', apart from the hundreds of volunteer hours spent, concluded with recommendations that were endorsed by you and the Council members. The most important of those recommended that the City "Set tasks and priorities for the preparation of a Riverfront Master Plan and Development Regulations." The Riverfront Report and the recommendations contained therein are no less important today, as they were when presented last May. It is my belief that the members of this Commission have a responsibility to oversee and direct the development of the Riverfront in a comprehensive process that reflects the intent of the City's Comprehensive Plan objectives as well as those of the Riverfront Study, that you endorsed. The notion of bandshells, green space, parking and the like, in and of themselves are worth discussion in any city. However, when presented as conclusive fact in an arbitrary plan containing data not clearly thought through, such notions fall short of their, intended purpose. I urge the members of the Commission to follow the recommendations put forth by the Riverfront Study and approach any further discussion regarding any aspect of development along the Riverfront from a comprehensive perspective, rather than from one of singular issue and self promotion. Thank you for your time and consideration. Sincerely,