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HomeMy WebLinkAbout06061991 PZw �, 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 JUNE 6TH, 1991 CALL TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES; MAY 2ND, 1991 REGULAR MEETING OLD BUSINESS; SEMBLER'S RIVERWALK rO, NEW BUSINESS: HOME OCCUPATIONAL LICENSE - JOHN BEAMS MODEL HOME PERMIT - BURGOON-BERGER - NEW MODEL HOME PERMIT - BURGOON-BERGER - NEW PLANT NURSERY REQUEST -DISCUSSION SPORTSMEN'S LOUNGE AND RESTAURANT - PRELIMINARY ORDINANCE CHANGE DISCUSSION - GARAGE SALES CHAIRMANS MATTERS; MEMBERS MATTERS; ATTORNEYS MATTERS; BUILDING OFFICIAL MATTERS; ENGINEERS MATTERS: ADJOURN NOTE; IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS MADE. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF DATE OF ACTION. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JUNE 6, 1991 CHAIRMAN KRULIKOWSKI CALLED THE MEETING TO ORDER. PRESENT; MRS, O'CONNOR, MR. THOMPSON, MR. KRULIKOWSKI, MR. FULLERTON, MR. SHROYER, MR. MAHONEY, MR. WADSWORTH ABSENT~ MR. LINDSEY, EXCUSED , MRS. KILKELLY, EXCUSED ALSO PRESENT~ BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT, LINDA KINCHENj SECRETARY, ATTORNEY NASH, CATHERINE HILTON, CITY PLANNER ANNOUNCEMENTS; CHAIRMAN ANNOUNCES ATTORNEY HERE FOR SEMBLER'S MARINA AND THEN NEEDS TO BE EXCUSED - BUT CHAIR WILL ASK A QUESTION REGARDING CONDITION USE AFTER SEMBLER MARINA BEFORE ATTORNEY LEAVES. APPROVAL OF MINUTES: MAY 2, 1991 ON PAGE TWO ADD LOTS 7 AND 8 TO THE MOTION SINCE THERE WERE TWO MODEL HOME PERMITS APPROVED FOR PRUDENTIAL. A MOTION TO APPROVE THE MINUTES AS AMENDED WAS MADE BY MR. WADSWORTH SECOND MR. FULLERTON PASSED UNANIMOUSLY, OLD BUSINESS: SEMBLER'S RIVERWALK MARINA - BRUCE STATES CHARLIE NASH WILL SPEAK FIRST THEN THE APPLICANT CAN MAKE A PRESENTATION MR. NASH GIVES HIS OPINION AS TO WHY HE FEELS THIS IS NOT IN CONFLICT WiTH THE COMPREHENSIVE PLAN AGREEMENT. STATES DOES NOT FEEL THAT A RESTAURANT IS INCONSISTENT WITH THE INTENT OF THE PLAN BECAUSE IT IS AN ACESSESSORY USE TO THE MARINA ITSELF AND MOST MARINAS HAVE RESTAURANTS ASSOCIATED WiTH THEM ALL OVER THE STATE. RECOMMENDS THAT THE PLAN BE APPROVED TO AVOID ANY PENDING LAWSUITS AGAINST THE CITY. STATES APPLICANT HAS AGREED TO PROVIDE THE CITY WITH AN INDEMNIFICATION DOCUMENT IN THE EVENT THE APPROVAL IS CHALLENGED THE APPLICANT AGREES TO PAY ALL LEGAL FEES IN CONNECTION WITH ITS APPEAL. SEVERAL MEMBERS STATED THEY DID NOT APPROVE THE RESTAURANT AT THE TIME OF THE ORIGINAL APPROVAL AND BRUCE STATES THAT THE TRC LETTER WHICH THE BOARD USED AS A CONTINGENCY STATED THEY WERE GIVING CONCEPTUAL APPROVAL OF THE RESTAURANT AT THE TIME. MR, THOMPSON REQUESTS A COPY OF THE LETTER WRITTEN BY SEMBLERS ATTORNEY TO CHARLIE NASH- SINCE THE LETTER IS 17 PAGES LONG THE ATTORNEY STATES HE WILL NOT READ IT INTO THE RECORD AND A MOTION BY MR. WADSWORTH FOR A l0 MINUTE RECESS SO THE SECRETARY CAN COPY THE LETTER FOR THE BOARDS REVIEW WAS MADE SECOND BY MR. THOMPSON PASSED UNANIMOIJSLY, RECESS AT 7:40 P.M. BACK AT 8;10 P.M AFTER REVIEW OF LETTER FROM SEMBLER'S ATTORNEY - ALL MEMBERS WERE PRESENT PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JUNE 6TH, 1991 PAGE TWO THERE WAS MUCH DISCUSSION ON MATTERS OF LAW. MR. UNDERILL GIVES THE PRESENTATION OF THE FLOOR PLAN AND ELEVATION AT THIS POINT. MR. NASH PUTS MR. UNDERiLL UNDER OATH AND HAS HIM SWEAR TO TELL THE TRUTH AND AGREE TO THE INDEMNIFICATION AGREEMENT FOR THE CITY. MR. THOMPSON ASKS REGARDING MECHANICAL EQUIPMENT FOR THE RESTAURANT AND MR. UNDERILL STATES IS ALL INSIDE NOTHING ON THE ROOF. MR. THOMPSON ASKS REGARDING THE HEIGHT AND MR. UNDERILL STATES THE ELEVATION TO THE RIDGE IS 25 FEET. THERE IS MUCH DISCUSSION REGARDING WHERE THE ELEVATION SHOULD START WITH A STRUCTURE OF' THIS TYPE AND IT IS DETERMINED AFTER COMMENTS FROM RANDY MOSBY THAT THEY GENERALLY START AT FINISH FLOOR. AT THIS POINT THE CHAIRMAN OPENS THE MEETING TO THE PUBLIC FOR COMMENT AT 9:05 P.M. RUTH SULLIVAN SPEAKS REGARDING A TRAFFIC STUDY AL VALARDI ~5 GEORGIA BLVD IS AGAINST A RESTAURANT OVER THE WATER. FRANK OBERBECK SPEAKS IN FAVOR OF THE PROJECT STATING IT IS PART OF GROWTH AND IS CONTROLLED GROWTH. DAMIEN GILLIANS SPEAKS IN FAVOR OF THE PROJECT. PUBLIC INPUT CLOSED AT 9:15 P.M, A MOTION TO APPROVE THE FLOOR PLAN AND ELEVATIONS AS PRESENTED FOR PHASE II OF SITE PLAN FOR SEMBLERS MARINA PROJECT AT 1660 INDIAN RIVER DRIVE SUBJECT TO PRIOR TO iSSUANCE OF THE BUILDING PERMITS THAT' ALL FEDERAL, LOCAL STATE, COUNTY AND CITY PERMITS BE PROVIDED FURTHER THAT THE BLDGS EXCLUSIVE OF THE CUPOLA ON THE RAW BAR NOT BE MORE THAN 25 FEET FROM FINISH FLOOR TO ROOF RIDGE AND THAT THEY ARE APPROVING PLANS DATED 5-22-91 A-1 AND A-2 MADE BY MR. THOMPSON SECOND MRS, O'CONNOR PASSED UNANIMOUSLY. MR. MAHONEY AND MR. WADSWORTH STATED THAT THEY WERE VOTING IN FAVOR OF THE SITE PLAN BECAUSE OF THE POSSIBILITY OF LEGAL PROCEDURES PENDING AGAINST THE CITY AND BOARD WITH THE MEMBERS POSSIBLY REQUIRED TO DEFEND THEMSELVES FINANCIALLY. CHAIRMAN ANNOUNCES THAT DUE TO THE TIME THE ATTORNEY MUST LEAVE BUT WILL BE BACK AT THE NEXT MEETING TO ANSWER QUESTIONS FOR THE MEMBERS REGARDING MATTERS OF CONCERN. NEW BUSINESS: HOME OCCUPATIONAL LICENSE - JOHN BEAMS - ELSIE PLYER IS PRESENT TO ANSWER QUESTIONS STATES WILL BE DOING PROPERTY MANAGEMENT AND ONLY USING THE PHONE AND MAIL AT THE ADDRESS - PUBLIC HEARING OPENED AT 9~0 P.M, CLOSED AT 9:40 P.M, NO COMMENT FROM THE PUBLIC PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JUNE 6TH, 1991 PAGE THREE A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR JOHN BEAMS AT 704 COOLIDGE STREET FOR PROPERTY MANAGEMENT WAS MADE BY MR, WADSWORTH SECOND MR, MAHONEY PASSED 6-I WITH MRS, O'CONNOR VOTING NO, A MOTION TO MOVE THE SPORTSMEN SITE PLAN UP AHEAD OF THE MODEL HOME PERMIT BY MR, MAHONEY SECOND MR. WADSWORTH UNDER DISCUSSION THE MOTION WAS WITHDRAWN MODEL HOME PERMIT - BURGOON AND BERGER LOT 24 AND 25 BLOCK 297 PUBLIC HEARING OPENED AT9:50 P,M, CLOSED AT 9:50 P,M, NO COMMENT A MOTION TO APPROVE THE MODEL HOME PERMITS FOR 1535 AND 1521 BARBER STREET WAS MADE BY MR, WADSWORTH SECOND MRS. O'CONNOR PASSED UNANIMOUSLY, A MOTION TO DEFER THE PLANT NURSERY DISCUSSION TO THE NEXT MEETING FOR ATTENDANCE BY THE APPLICANT WAS MADE BY MR, THOMPSON SECOND MR. MAHONEY PASSED UNANIMOUSLY. A MOTION TO TAKE 5 MIN BREAK AT 9:55 P,M. AND EXTEND THE MEETING UNTIL THE DISCUSSION REGARDING THE SPORTSMENS iS FINISHED BY MR, FULLERTON SECOND MR, WADSWORTH PASSED UNANIMOUSLY, BACK TO ORDER AT 10:00 P,M. ALL PRESENT SPORTSMENS LOUNGE AND RESTAURANT - RANDY MOSBY STATES THAT THE NAME OF THE BUSINESS WILL BE JERRY'S SUB AND PUB AND NOT SPORTSMENS - IT WAS HIS MISTAKE TO CALL iT THE SPORTSMEN - THERE WAS MUCH DISCUSSION ABOUT WHETHER THE APPLICANT INTENDED TO HAVE 51% FOOD SALES OF WAS LOOKING FOR A BAR THE APPLICANT STATES WANTS A SANDWICH SHOP NOT A BAR RANDY STATES THAT RESTAURANTS EXCLUDING DRIVE-INS ARE PERMITTED iN INDUSTRIAL ZONING, A MOTION TO ALLOW THIS USE AT 51% FOOD SALES WAS MADE BY MR, SHROYER SECOND MR. MAHONEY FOR DISCUSSION - MR. THOMPSON ASKS IF THE MOTION COULD INCLUDE SECTION 20A2.5C-16 AND MR, SHROYER STATES PREFERS IT BE AN AMENDMENT TO THE MOTION - MR, THOMPSON MADE AN AMENDMENT TO THE MOTION THAT THE RESTAURANT SHOULD MEET CRITERIA LISTED IN 20A2.5C-16 SECOND BY MR, MAHONEY AMENDMENT PASSED 6-1 WITH MR, KRULIKOWSKI VOTING NO MOTION PASSED 6-1 WITH MR, KRULIKOWSKI VOTING NO CHAIRMAN ANNOUNCES THAT THE COMMISSION WILL HOLD A SPECIAL MEETING ON THE 13TH OF JUNE FOR DISCUSSION OF THE RIVERFRONT REPORT. MEETING ADJOURNED AT 10, L~5 P.M.