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Home My WebLink About06191986 PZT~. GENE HARRIS Mayor City of Sebastian POST OFFICE BOX 127 r3 SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 PLANNING AND ZONING MINUTES REGULAR MEETING JUNE 19, 1986 Hector A. Franco City Engineer MEETING WAS CALLED TO ORDER BY CHAIRMAN EISENBARTH AT 7:00 P,M. PRESENT: MR.FULLERTON MR. KRULIKOWSKI MR. THOMPSON MR. WADSWORTH MR. MAHONEY MR. OLTMAN CHAIRMAN EISENBARTH ABSENT: MRS. YOUNG , EXCUSED ALSO PRESENT WERE TOM PALMER AND HECTOR FRANCO APPROVAL OF MINUTES MR. THOMPSON SAYS THERE IS AN EDITORIAL CORRECTION ON PAGE FOUR , FOURTH PARAGRAPH CHANGING THE WORD TIS TO THIS. MR. WADSWORTH GOES TO PAGE SEVEN AND REQUESTS THAT THE WORDS "WE ARE" BE ADDED TO THE SECOND PARAGRAPH BETWEEN THE WORDS SAYS AND DEALING. CHAIRMAN EISENBARTH REQUESTS A CHANGE TO PAGE ONE FIRST PARAGRAPH INDICATING HE DID NOT ASK TO ENTERTAIN A MOTION THAT HE THINKS HE WAS JUST SUGGESTING BECAUSE HE DIDN'T KNOW HOW ELSE TO DEAL WITH IT. HE WOULD LIKE IT TO SAY HE NEEDS TO SUGGEST A MOTION SECRETARY TO CHECK THE TAPE FOR EXACT WORDING BEFORE CHANGE. MR. THOMPSON ASKS ATTORNEY PALMER IF'THE MINUTES SHOULD REFLECT THE FACT THAT AT THE PUBLIC HEARING THE COMMISSION HAD SEVERAL LETTERS IN FRONT OF THEM FOR OR AGAINST THE REZONING. TO BE INSERTED ON PAGE FIVE BEFORE THE PUBLIC HEARING IS CLOSED THE FOLLOWING: IN THE FILE THERE ARE NINE LETTERS FROM PROPERTY OWNERS RECEIVED BY THE BOARD REGARDING THIS PUBLIC HEARING. MINUTES PLANNING AND ZONING REGULAR MEETING PAGE TWO JUNE 19, 1986 AFTER CHECKING THE TAPE CHAIRMAN EISENBARTH SAID" I WOULD LIKE TO SUGGEST TO THE BOARD THAT THEY APPOINT THE MOST SENIOR MEMBER.MR MAHONEY TO MY KNOWLEDGE)WHATS THE PLEASURE OF THE BOARD.; MR. WADSWORTH SAID "I'LL SO MOVE"SECONDED BY MR. THOMPSON. LET THE MINUTES SHOW THAT THE JUNE 5th MINUTES ARE CORRECTED AS LISTED ABOVE. MR. THOMPSON MADE A MOTION TO APPRO~&=THE MINUTES AS REVISED SECONDED BY MR. WADSWORTH UNANIMOUS. SEMBLER AND SEMBLER BEFORE STARTING MR. THOMPSON DECLARES A CONFLICT OF INTEREST AND SAYS HE WILL NOT TAKE PART IN THE DISCUSSION. HE TURNS THE FORM INTO THE SECRETARY. ATTORNEY PALMER TELLS HIM HE CAN STILL VOTE HE WANTS TOO. MR. THOMPSON STATES THE REASON FOR THE CONFLICT IS THAT HE IS AN EMPLOYEE OF SEMBLER AND SEMBLER AND DECLARES A CONFLICT EVERYTIME HE COMES BEFORE THE BOARD. BRUCE GIVES PRESENTATION FOR SEMBLER AND SEMBLER AND EXPLAINS HIS SITE PLAN. THEY WANT TO BUILD AN ACCESSORY USE SHED. MR. MAHONEY ASKS WHICH IS THE PRINCIPAL BUILDING. MR. FULLERTON SAYS THE PARKING CONCERNS HIM BECAUSE IT IS GETTING VERY CONGESTED. MR. WADSWORTH AGREES THE TRAFFIC IS HEAVY BUT SAYS IT IS ALL OFF THE ROAD AND DOESN'T SLOW ANYONE UP. CHAIRMAN EISENBARTH ASKS HECTOR WHY HE IS NOT REQUiRiNG THE DRIVEWAY TO BE PAVED. HECTOR DOESN'T FEEL THAT HE CAN BE ASKED TO PAVE THE EXISTING DRIVEWAY BECAUSE IT IS ONLY A MINOR SITE PLAN. CHAIRMAN EISENBARTH QUOTES SECTION X-3 PRETTY MUCH SPELLS IT OUT. HE QUOTES 20A-10.1 D page 649 IN THE NEW CODE BOOK. MORE DISCUSSION REGARDING THE PARKING. MR. wADSWORTH MADE A MOTION TO APPROVE THE SiTE PLAN SECONDED BY MR. OLTMAN. MORE DISCUSSION LEADS TO MR. WADSWORTH STATING HE WiLL AMEND HIS MOTION TO SAY IF APPROVED MR SEMBLER MUST GET WITH HECTOR REGARDING ADDITIONAL PARKING. SECOND ALSO AMENDED. MINUTES MR. OLTMAN - YES MR. MAHONEY - YES MR. KRULIKOWSKI - NO PLANNING AND ZONING REGULAR MEETING JUNE 19.1986 PAGE THREE MR. WADSWORTH - YES MR. FULLERTON - NO CHAIRMAN EISENBARTH - NO MOTION DIES DUE TO A TIE MORE DISCUSSION REGARDING CONCERNS MR. WADSWORTH ASKS MR. PALMER TO WORD THE MOTION. MR. PALMER STATES: THE MOTION WOULD BE THAT THE BOARD APPROVE THE APPLICATION WITH THE STIPULATION THAT ATTENDANT PARKING BE DESIGNATED ON THE PLAT AT SPECIFIC LOCATIONS AS DESIGNATED PARKING UNDER THE PARKING CALCULATIONS NECESSARY FOR THE USES ON THE LAND, THE STRUCTURES PRESENTLY EXISTING ON THE LAND UNDER THE PRESENT DAY RULES OF PARKING ~ AND ONCE THAT IS DONE AND APPROVED BY THE CITY ENGINEER AND THE CHAIRMAN OF THE PLANNING AND ZONING THAT THE APPLICANT CAN GET HIS BUILDING PERMIT. MR. WADSWORTH MADE THE MOTION AS STATED BY ATTORNEY PALMER SECONDED BY MR., OLTMAN. MR. WADSWORTH AMENDS THE MOTION TO INCLUDE THE CHAIRMAN AND THE VICE CHAIRMAN FOR FINAL APPROVAL ALONG WITH THE CITY ENGINEER. SECOND ALSO AMENDED. MR. OLTMAN - YES MR.MAHONEY - YES MR. KRULIKOWSKI - YES MR. FULLERTON - YES MR. WADSWORTH - YES CHAIRMAN EISENBARTH -YES PASSED UNANIMOUSLY SAN SEBASTIAN SPRINGS - AIRSTRIP MOTION BY MR. THOMPSON TO TABLE TILL JULY 10th DUE TO NOT HAVING ENOUGH INFORMATION SECONDED BY MR. FULLERTON. UNDER DISCUSSION ATTORNEY PALMER TELLS THE BOARD THIS IS A CITY COUNCIL MATTER NOT A PLANNING AND ZONING MATTER. MR. THOMPSON WITHDREW HIS MOTION MR. FULLERTON WITHDREW HIS SECOND. HOME OCCUPATIONAL LICENSES LAVINIA'S MAID SERVICE MR. THOMPSON MADE AMOTION TO APPROVE SECONDED BY MR. OLTMAN. APPROVED UNANIMOUSLY. MINUTES PLANNING AND ZONING REGULAR MEETING JUNE 19, 1986 PAGE FOUR ST ELIZABETH'S EPISCOPAL CHURCH REV MORGAN GRAY GIVES TALK. MR. THOMPSON MADE A MOTION TO TABLE TILL JULY 10TH SECONDED FOR DISCUSSION BY MR. WADSWORTH. DISCUSSION TALKS ABOUT ELEVATIONS AND FLOOR PLAN AND ITEM NUMBER FIVE OF HECTORS LETTER REV gRAy.~NDICATES HE NEVER RECEIVED A COPY OF HECTOR'S LETTER. SECRETARY ADVISED TO SEND COPIES OF LETTERS TO ALL APPLICANTS. MR. THOMPSON SAYS DRAWINGS SHOULD BE PREPARED TO ADDRESS ONLY THE ITEMS NECESSARY FOR APPROVAL. MR. THOMPSON WOULD LIKE TO HAVE PHASES IDENTIFIED MORE FULLY. UNANIMOUS APPROVAL TO TABLE TILL JULY 10th. FISCHER AND SONS MINI WAREHOUSE ERIC FISCHER REPRESENTS PROJECT. DISCUSSION TURNS TO WHY DRIVEWAY EXITS TO U.S.#1 AND NOT OLD DIXIE HIGHWAY MR. MAHONEY REQUESTS THAT THE WIDTH OF THE DRIVE BE .DENOTED ON THE PLANS. ERIC POINTS OUT IT IS ALREADY ON THE PLANS. MR MAHONEY BRINGS UP THE LOADING DOCK REQUIREMENTS AND SAYS iT SHOULDN'T APPLY TO THIS PLAN. ITEM NUMBER THREE OF HECTOR'S LETTER REGARDING THE 15% COMPACT PARKING SPACES WAS APPROVED UNANIMOUSLY. MR. WADSWORTH MADE A MOTION TO TABLE TO JULY 10th SECONDED BY MR. OLTMAN UNANIMOUS APPROVAL TO TABLE. MOTION BY MR. KRULIKOWSKI SECONDED BY MR. MAHONEY FOR A FIVE MINUTE RECESS TIME 8;55 P.M. UNANIMOUS MINUTES PLANNING AND ZONING REGULAR MEETING JUNE 19, 1986 PAGE FiVE MEETING WAS CALLED BACK TO ORDER AT 9:05 P.M. with EVERYONE PRESENT. CITY OF SEBASTIAN PARKING LOT MR. MAHONEY QUESTIONS THE NUMBER OF PARKING SPACES~ MR. THOMPSON SAYS THE CITY ENGINEER SAYS THE SPACES ARE CORRECT AND WE SHOULDN'T QUESTION HIS AUTHORITY. MR. WADSWORTH MADE A MOTION TO APPROVE SECONDED BY MR. THOMPSON. PASSED UNANIMOUSLY WENDY'S MR. THOMPSON ASKS ABOUT CONTRACT AND SAYS NO LONGER HAS QUESTIONS ABOUT THE WELL. MR. THOMPSON SAYS THE LANDSCAPE PAGE SHOWS IT TO BE PRELIMINARY DRAWING AND WANTS THE WORD PRELIMINARY REMOVED IF IT iS CORRECT. DISCUSSION TURNS TO THE NUMEROUS PERMITS REQUIRED FROM D.E.R. AND ST. JOHNS WATER MANAGEMENT. DISCUSSION TURNS TO THE REQUIREMENT FOR THE EIGHT FOOT OPAQUE FENCE OR WALL WHICH MUST SURROUND THE DRIVE-THRU MORE DISCUSSION ON THE WALL OR FENCE AND ASKS'IF IT CAN BE MADE OF VEGETATION AND IT CAN. TOM SUGGESTS THAT THE WALL BE DRAWN ON THE PLAN. BILL MAHONEY QUESTIONS THE SIGN ORDINANCE AND WANTS THE DISTANCE PUT ON THE PLANS. MR. EISENBARTH ASKS ABOUT SEPTIC UNDER PARKING LOT ENGINEER OF RECORD INDICATES THIS IS FOR UNDERGROUND RETENTION WITH A FRENCH DRAIN. MR. EISENBARTH ASKS IF THEY WILL AGREE TO CONTINUE SIDEWALK-ENGINEER SHOWS HIM ON PLAN WHERE IT IS LOCATED. MR. OLTMAN MADE A MOTION TO APPROVE SECONDED BY MR. WADSWORTH. MOTION TO EXTEND THE MEETING 15.MINUTES BY MR. THOMPSON SECONDED BY MR. WADSWORTH. UNANIMOUS UNDER DISCUSSION THE MOTION WAS AMENDED TO ADD THE FOLLOWING: REMOVE THE WORD PRELIMINARY FROM THE LANDSCAPE PLAN. ITEMS NUMBER 1,2,3,4,5 AND 8 OF~HECTOR FRANCO'S JUNE 12 LETTER MUST BE MET. MINUTES PLANNING.AND ZONING REGULAR MEETING JUNE 19, 1986 PAGE SIX THE PLAN TO SHOW THE EIGHT FOOT OPAQUE FENCE IN ACCORDANCE WiTH THE CODE. SIGNS ARE SUBJECT TO FURTHER APPROVAL THROUGH THE SIGN ORDINANCE. WATERLINE NEEDS TO BE SHOWN ON THE PLAN. PROPERTY LINE DIMENSION FOR SIGN NEEDS TO BE SHOWN. MR. OLTMAN- YES MR., MAHONEY - YES MR. KRULIKOWSKI - YES SEBASTIAN LAKES MR. WADSWORTH - YES MR. FULLERTON - YES MR.EISENBARTH - YES MR. THOMPSON - YES BOB HAMILTON GIVES SHORT PRESENTATION AFTER GIVING COPIES OF PRESENT AND FUTURE PLANS TO THE MEMBERS. MR. HAMILTON AND MR. PALMER TRY TO EXPLAIN THE PROJECT TIME RUNS OUT AND THE COMMISSION WILL NOT EXTEND MOTION TO ADJOURN BY MR. MAHONEY UNANIMOUS MEETING ADJOURNED AT 10;16 P.M. L,ST CITY COUHTY DATE ON WHICH VOTE OCCURRED ......... H^ E Bd^ , cou,c,., coMmwo.. , UTHcarn,. ca co m u FORM 4M-' [0RANQU. M. THE ~OARD, COUNCIL, COMMUI~ON, &UTMQ~ITY ;IR ~Mi~ ON I I I This form is for use by any person,'sm~¥in~ on either an appointed or elected board,' council, commission, authority, or commitw~ whether ~tate or local, and it applies oqtt~jy to momhers of advisory altd Iton4dvjsory bodJg~ wb~l ~ fa~ with st votjlJ~ r. oliflj~, of As the voting conflict requirements for public officm's fit th~ lo~al Ifwei differ from tho req#it~n~nts for state offtl;ml, ~ form is divided into two parts: PART A is for use by persons serving on local bqards (mtmicjp~). I, count~, spei~tl tax dJt~i~t8, e~. w~? P~J~T ]j,~ PART C of the form contains instructions as to when and where this form must he fil~l. PART A VOTING CONFLICT DI8CLOgURE FOR LOCAL PUBLIC OFFIC~rrR8 [Required by Section 112.3143(3), Florida Statutes (Supp. The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, coumy, and other Iocalpubllc officer FROM VOTING in an official capacity upon any n~asure which inures to his special private gain. Each local offtcer also is prohibited from knowingly voting in his official capacity upon any mcnsure which inures to the spec. i4d gain of any princ, i~l (other slum # ~ov~ns~mnt agcney as defined in Section 112.312(2), Florida Statutes) by whom he is r~tained. In any such case a local public off. er must di~lo~e the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly tho smtur~ of I~int~re. stin the nmttor on which b~is abstaining from voting; and (b) WITHIN I 5 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public r~ord in this part betow, NOTE: Commissioners of a Community Redevelopment Agency crcat~ or d~ignated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one*vote basis ar~ not prohibited from voting. In such cases, however, the'oral and v/.ritten disclosure'of this part must be made. I, the undersigned local public offi~r, hereby discluse that on ~*/"~- / (a) I ab~taincd from voting on a nmttm' which (che~k one): . = . inured to my special private gain; ~ ~-~-~ ' ;~ ~- - - _ inured to the special gain of ,'by?~o~,!,am retained. CE FORM 4- REv. 1044 mcasjrcon which I ahe?incd end the nature Of my intergst in the measure is as follows: Date Fi(ed / Si~turc Plea~ s~e PART C for instructions on when and where to file this form, PART B . VOTING GONFLI~T DISGLOSURIE FOR iTATE QFKIGERi Each sM~ public officer b ~rmitted to vote iff his o~Ghl ~city on any ~tWr, Howler, any oM~ ~r who vot~ in ~ity upon any me~ure which inu~ to h~ s~l p~va~ ~in or the s~ pin of any pri~i~! ~ w~ ~ ~ ~ to d~l~ the ~t~ of hh in~t ~ a pu~c r~rd in ~ B ~iow. ~t~n 15 ~ys ~r ~ ~ ~, · (a) ! voted on a matter whiGh - . inured, to my special priva~ gain; or __ inured to the special gain of ...... , by whom 1 am retainS, The measure on which I vot~ 'and thc,lmtu~ of my i~qfest in th~ ~e~sm~ is ~ follows: Date Filed Silin;~t ur= Please see PART C helow for instructions on when and where lo file this foFm. PART C FILING INaTRUCTtONtl This memorandum must be filed within fifteen (15) days foUowin$ the m~eting during which thc voting conflict o~curred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in th~ tttm~t~ mia#teL Thi~ form need.not be l=~d merely to indicate the absence of a votinf; conflict. i: UNDER PROVISIONS OF FLORIDA STATUTES§ 112.317(1983). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTESQROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENf~ION FIIOM OFFJC~ OR ~.MPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED ~ CE FORM 4- REV. L_~.T~N~ M I~--FII~T NAM E,~M IDDLE N AM E __; DATE ON WHICH VOTE ~CU~ED NAME OF IN;)L,ITI(~AL SU~P~PlVI~d4DN OP~ ~rATI~ AOENC-Y_ . who F,L FOR. 4 This form is for use by any personservin~ on either an appointM or elected board* council, commission, authority, or committee, whether state or lo~al, and it applies equally to members of Itdvisory and non-advisory bod~ who ~tr~.f~ with at voljl~ ~Ol~4~t of As the voting Conflict requirements'for public offices at the local l~vel differ from the reqtd/onwnts ~ 0t~te offu~et~, this form is into two parts: PART A is for use by persons serving on local boards (m~mh:ip.a. 1, count~, spe~ tax di~.tt~,ts, ~t~.), W.~. PART PART C of the form contains instructions as to when and where this form mtmt be fdhd. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIG OFFICEi~ [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] Thc Code of Ethics for Public Officers and Employees PROHIBITS each munlcipal, county, and other localpublic officer FROM VOTING in an official capacity upon any measure which inures to his special priva~ Bain. Each local officer also is prohibited from knowingly votin8 in his official capacity upon any measure which inures to the special Bain of any prin~ipld (other than n 8overnm~!~t aaency as defined in Section 112.312(2), Florida Statutes) by whom be is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publiclY statin8 to the assembly th, nature of his interest in th~ matter on which,hess abstaining from voting; ,*nd (b) WITHIN 15 DAYS AFTER THE VOTE OCCU RS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners cfa Community Redevelopment Agency created or desianated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-a,cre, one-vote basis are not Prohibited from voting, in such c.a,~es, however, th~'oral and ~vr. itten disclosure'of this p~t mus i. thc undersigned local public officer, hereby disclo~ that on (a) I abs~in/.~d from voting on a matter which (check one): inured to my special private ~nin; or CE FOkM 4 - REV. IO, 84 inured to thc special gain of , by whom I am retained. .(h~TIf~asure on which I abstained and.t~e nat. u?~of~my info_rest in th~m~e i~%~:/ . PART C for i~tr~onl on whea ~nd wh~o to f~ I~ fo~m. PART B VQTING C)ONFLICCf DIBCLOAURIE FOIl STATE QplKIC:EIII [ge, qu~re, d b~ ~ti~n 112.~14~(2), FlgfideL ~t#t~ ($upp, I.~),] Each smt~ public o~r b permitted to vote in his o~c~l ~city on any matter. Howler. any sm~ o~r who votes in ~ off~l ~p~ity upon any mc~ure which tnu~ to hb s~ private ~in or the t~ml ~tn of any pri~l by w~m ~ ~ b to d~i~ the ~tu~ of ~s inte~lt as a ~b~c ~rd in ~fl B ~w ~t~n 15 ~y~ ~r ~ ~ ~. 1, thc u~e~8~ offi~ of a sm~ a~c~, hobby d~ t~t on , ~ .~: .. ~.. ?.:,? ,,.~ ,.....:,, ~..~9 ~ (a) I voted on a matter which (ch~ck one): inured to my special private gain; or __ inured to the special gain of , by whom I elm retainod. Thc measure on which i voted arid thc,.natum ob~ mY interest ia 01~ foo~ulr~ b tla follows: Date Filed Signature Please see PART C below for instructions on when and wberc to filo this form, PART C FILING iNaTIIUOTION$ This memorandum must be filed within fifteen (15) days followinlt thc meeting dui'ins which the votjn~ confl~ occurred with thc pcrsmt responsible for recording thc minutes oftbe mcctin~ who slutll incorporate the memorandq~m tn the nMettnS minut~L Thb form nc~ not be filed merely to indicate the absence of a votinjl conflict. ~TIC£: UNDER PROVISIONS OF FLORIDA STATUTESI 112.31 ?(i~,1). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE O~ MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPEN~IO~ F~M ~FIC~ OK ~MPLOYM.ENT, DEMOTION, REDU~ON IN SALARY, REPRIMAND, OR A CIVIL PENAL~ ~T ~ EXC~D ~5,~. Cl~ FORM 4 - REV. 104,1 ,, '~'~,~;~.;,~' .: L. GENE HAR~S Mayor City of Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 CALL TO ORDER ROLL CALL ANNOUNCEMENTS PLANNING AND ZONING COMISSION AGENDA June 19, 1986 APPROVE MINUTES: REGULAR JUNE 5, 1986 OLD BUSINESS: SEMBLER AND SEMBLER SAN SEBASTIAN SPRINGS-AiRSTRIP NEW BUSINESS: HOME OCCUPATIONAL LICENSES ST. ELIZABETHS EPISCOPAL CHURCH FISCHER AND SONS MINI WAREHOUSE CITY OF SEBASTIAN -PARKING LOT WENDY'S - SITE PLAN SEBASTIAN LAKES PRESENTATION CHAIRMAN'S MATTERS: MEMBER'S MATTERS: ATTORNEY'S MATTERS: ENGINEER'S 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. Hector A. Franco City Engineer