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HomeMy WebLinkAbout06061996 PZCITY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING JUNE 6, 1996 Chairman Fischer call the meeting to order at 7:00 p.m. Mr. Munsart Ms. Kilkelly Mr. Mather Mr. Pliska Mrs. Brantmeyer Mr. Driver Mr. Johns Chmn Fischer Mr. Sehulke (Form SB). ALSO PRESENT.: Bob Massarelli, City Planner lan King, Zoning Technician Don4 Bosworth, Secretary ANNOUnCeMENTS: Chron. Fisher announced that he apprOved a minor modification this week to theKnights of Columbus site plan, in which they moved their building. AI'I'ROVAL or Regular meeting of May 2, 1996. MOTION by Johns/Mather I make a motion that the minutes of May 2, 1996 be approved. A voice vote was taken. Unanimous approval. PUBLIC HEARING-REVISEI) MOl)EL ItOME PERMIT - 1699 There were 17 notices of hearing sent out. We received no objection or non-objection letters. Ms. King informed the Board that Mr. Lloyd, the applicant, called her that at~ernoon and :stated that he could not be here tonight, but wished the Board to proceed without him. She noted that Mr. Lloyd had applied for a Model Home Permit in March of this year. At that time the parking PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 6, 1996 PAGE TWO was approved on an adjacent lot. Since then, the applicant has changed his parking area and placed it in front of the Model. The public hearing was opened at 7:06 p.m. There was no public input and the hearing was closed at 7:06 p.m. Mr. Pliska asked about all the trees that were taken down in the lot adjacent to the Model Home. Ms, King will check into this to see if he had a land-clearin~ permit, and what the intended use of this second lot is to be. MOTION by Johns/Mather I make a motion that we approve a Model Home Permit for John Lloyd Builders at 1699 Barber Street. Roll call was taken. 7-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 541 FRINK AVENUE - SHERRY & BRAD PEARSE - PERSONALIZED BUSINESS ADVERTISING Brad & Sherry Pearse, the applicants, were present and were sworn in according to quasi-judicial procedure. There were 20 notices of hearing sent out. We received no objection or non-objection letters. The public hearing was opened at 7:17 p.m. There was no public input and the hearing was closed at 7:17 p.m. Among other things, ventilation was discussed. The Building Official will be made aware of this case should a problem arise, and it can be taken care of at that time. MOTION by Brantmeyer/Johns I make a motion that we approve the Home Occupational License for Sherry and Brad Pearse at 541 Frink Avenue to personalized business advertising. Roll call was taken. 7-0 motion carried. PUBLIC HlgARING- HOME OCCUPATIONAL LICEaNSE - 874 BEARD AVENUE - JOHN CROCETTA - PRESSURE CLEANING John Crocetta of 874 Beard Avenue was present and was sworn in according to quasi-judicial procedure. PLANNING AND ZONING COMMISSION PAGE, THINE REGULAR MEETING OF JUNE 6, 1996 There were 22 notices of heating sent out. We received no objection or non-objection letters. Staff recommends approval. The public hearing was opened at 7:25 p.m. There was no public input and the hearing was closed at 7:25 p.m. MOTION by Munsart/Johns I move that we grant the Home Occupational License to John Crocetta to operate a pressure cleaning business at 874 Beard Avenue. Roll call was taken. 7-0 motion carried. PUBLiC HEARING - HOME OCCUPATIONAL LiCENSE - 350 COLUNIBUS STREET- GAYLA EASTMAN - HOLISTIC NURSING Gayta Eastman, the applicant, was present and was sworn in according to quasi-judicial Procedure. There were 20 notices of hearing sent out. We received 2 objection letters and no non-objection letters. Staff reported that this will be au address of convenience and recommends approval. The public hearing was opened at 7:29 p.m. There wasno public input and the hearing was closed at 7:29 p.m. MOTION by ~lohns/Mather I make a motion that we approve a Home Occupational License for Starlight Healing at 3:50 Columbus Street. Roll call was taken. 7-0 motion carded. PUBLIC HI~ARING- HOME OCCUPATIONAL LICENSE - 123 ENGLAR ROBIN WARE - TRANSCRIPTION SERVICE Robin Ware, the applicant, was present and was sworn in according to quasi-judicial procedure. There were 20 notices of hearing sent out. There were no objection or non-objection letters received. Staffhas no objection to this request if no clients are coming to her home. . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 6. 1996 PAGE FOUR The applicant responded that the business will be part time and there will be no clients coming to her home. The public hearing was opened at 7:33 p.m. There was no public input and the hearing was closed at 7:33 p.m. MOTION by Mather/Johns I make a motion that Robin Ware be granted a Home Occupational License for Quality Transcriptions at 123 Englar Drive. Roll call was taken. 7-0 motion carried. At this point, Mr. Schulke declared a voting conflict on the next issue and submitted a Form 8B. Ms. Kilkelly will be voting for Mr. Schulke. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - PROPOSED REZONING - LIMITED COMMERCIAL TO INDUSTRIAL - MR. NELSON HYATT The Secretary noted that notices of hearing were sent out at the City Councilleve!. Mr. Massarelli explained his extensive research of the zoning history on this property. The most recent classification lists it as CL. It meets with the Comprehensive Land Use plan for this area, and staff recommends to City Council for approval. Mr. Schulke disclosed that he has ownership in this property, and is representing himself and Mr. Hyatt at this time. The public hearing was opened at 7:48 p.m. There was no public input and the hearing was closed at 7:48 p.m. MOTION by Johns/Mather I make a motion that we recommend to City Council that Mr. Hyatt's requested change of zoning from CL to IN be granted, area in question is shown on James Fowler's survey attached at the end of the application. Roll call was taken. 7-0 motion carried. pLANNING AND ZONING., COMMISSION REGULAR lv~ETING OF,,,JUNE 6. 1996 RECOMMENDATION TO CITY COUNCIL - REGULAR MEMBER POSITION - TERM TO EXPIRE $/99 Ms. Brantmeyer nominated Mr. Fischer. Mr. Munsart nominated Mr. Shroyer. Mr. Shroyer withdrew his application. 1Wike ::Oliver also withdrew his application. MOTION by $ohns/Mather I make a motion that Carl Fischer be recommended to the City Council to retain his position. A voice vote was taken. 7-0 motion carded. C~!~IRMAN MA'I'TERS: None Ms. Brantmeyer discussed the entrance to Barber Street Plaza from Barber Street, noting that it is a hazardous spot. Mr. Massarelli respOnded that they will review the site plan and report back: Mr. Munsart noted that there are no stop signs leaving the Cumberland Farms s~re on CR 512. Mr. Massarelli noted that the next meeting would be at 5:00 p.m. on June 20, 1996, at which Les Solin will be present. HOme Occupational Licenses will be handled no earlier that 7:00 p.m. Mr. Fischer noted to the Secretary that Mr. Munsan is excused from the June 20th meeting, lie also complimented the staff for the rezoning report, Mr. Massar~ also mentioned at a meeting he had with Mr. Frame, about a list of ordinances of the following: barbed wire angled out atop fencing, restricting development on the East side of Indian River Drive, restricting parking on right-of-ways, changes to the Comprehensive Plan in reference to the conflict of non-conforming mobile homes and the replacement of those. He reported that the Riverfront Committee recommended to City Council, and City Council adopted the "Old Florida Fishing Village" theme for the riverfront area. They have directed staifto'develop ordinances, policies, and procedures dealing with design, landscape and sign ordinances. He also noted that the City wants to maximize public input for the riverfront. . . . PLANNING AND ZONING COMMISSION REGULAR MEETING OF JUNE 6. 1996 PAGE SIX Mr. Massarelli informed the Board that last night, the City Council approved a final plat for Harbor Point Subdivision. He inquired of the Board what their understanding is of who is to maintain the stormwater lake - the homeowners, the City, or unknown? Mr. Schulke understood it was to remain private, as did Mr. Munsart. Mr. Pliska felt it was never finalized. The meeting was adjourned at 8:22 p.m. FORM MEM(2RANDUM'OF-VOTING.CONFLI(2T FOR , COUNTY, MUNICI'PME, AND OTHER LOCA/PUBLIOOFFiCERS ( MAILING.~:~. ~.ADDRESS. ~ ~ ~7~ ~:WHIcH~HE 'BOARD,i SERvE~COUNCIL'coUNTyiS A UNIT~MMISSION'IiOF:~HER ~ALAUTHORITY'AGENcyOR COMMi~EE.~ CITY DATE ON WHICH VOTE OCCURRED COUNTY ~r,'A-Iq'~oF POLII'ICAL SUBDJ~,J~ION: I MY POSITION IS: ~,~ ' ' WHO MUST FILE FORM 8B This form is for usc. 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. The requirements of this law are mandatory: although the use of this particular form is not required by law, you are encouraged to use it i'ri making the disclosure required by law. Your responsibilities under thc. 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 appoiniive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUOTIONS FOR OOMPLIANOE WITH SECTION 112.3143, FLORIDA STATUTrI~ ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibiled 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. In either case, you should 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 voting; and WITHIN iS 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 miuutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each 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. A person holding an appointive local office otherwise ma), participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. iF YOU INTEND TO :MAKE ANY ATTEMPT TO iNFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for, il~ recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly al the meeting prior to consideration of the matter in which you have a conflict of interest. ('l I,()l~'~l ~¢11 1(i.86 PAGE ~AKE NO ATTEM~ MEETING: You ShoUld disclose orally the nature of your conflict in the mensure before partiOp~ting. ': .i for recording the minutes with the person D rou should complete the form and file it within 15 days after the resronsible the.meeting, 'who should incbrp0rate the' form in the minutes. '- / DISOLOSURE OF' 8T&TE OFFIOER'S INTEREST 1, -- 9'/~{~d' /~{/t.~ , hereby disclose that on ...J~/V~. ~,' (a) A measure came or will come before my agency which (check one) inured to my special private gain; or ~ inured to the special gain of (t0 The measure be$ore my agency and the nature of my interest in the measure is as follows: , by Whom I am retained. Date Filed ure . TICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.3!7 (1985), A FAILURE TO MAKE ANY REQUIRED CLOSUREAND. MAY BE .PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, CONSTITUTES REMOVAL GROUNDS OR SUSPENSION FOR FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. · _ . ~ PAGE FORM 8B - 10.86 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, JUNE 6, 1996 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: Regular meeting of May 2, 5. OLD BUSINESS: 6. NEW BUSINESS: Public Hearing - Revised Model Home Permit - Street - John Lloyd Builders, Inc. Public Hearing - Home Occupational License - 541 Sherry & Brad Pearse - Personalized Business Public Hearing - Home Occupational License - 874 John Crocetta - Pressure Cleaning Public Hearing - Home Occupational License - Street - Gayla Eastman - Holistic Nursing Public Hearing - Home Occupational License - 123 Robin Ware - Transcription Service 1996 1699 Barber Frink Avenue Advertising Beard Avenue 350 Columbus Englar Drive Recommendation to City Council - Proposed Rezoning Commercial to Industrial - Mr. Nelson Hyatt Recommendation to City Council - Regular Member Term to Expire 5/99 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. CITY PLANNER MATTERS: 10. ATTORNEY MATTERS: 11. ADJOURNMENT. - Limited Position - 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 WHAT 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), /001 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.