HomeMy WebLinkAbout06201991 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
JUNE 20TH, 1991
CALL TO ORDER
ROLL CALL
ANNOUNCEMENTS
APPROVE MINUTES;
OLD BUSINESS;
HAY 16TH, 1991
REGULAR MEETING
CITY ATTORNEY- PERMITTED AND CONDITIONAL USES
PLANT NURSERY REQUEST
GARAGE SALE ORDINANCE REVISION
NEW BUSINESS:
HOME OCCUPATIONAL LICENSE - DONNA ROGERS
MODEL HOME PERMIT - BELMONT HOMES - NEW
MODEL HOME PERMIT -.- LIFESTYLE HOMES -- NEW
CONDITIONAL USE PERMIT - PALM LAKE CLUB TENNIS COURT
MINOR HODIFICATION ,- INLET MARINA SITE PLAN
CHAIRMANS MATTERS;
MEMBERS MATTERS;
ATTORNEYS MATTERS;
BUILDING OFFICIAL MATTERS;
ENGINEERS MATTERS:
ADJOURN
NOTE; IF ANY PERSON DECIDES TO APPEAL ANY DECISION HADE ON
THE ABOVE HATTERS, HE/SHE WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSES HE/SHE MAY NEED
TO ENSURE THAT A VERBATIH RECORD OF THE PROCEEDINGS
IS HADE WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE
ON WHICH THE APPEAL IS MADE. SAID APPEAL HUST BE FILED
WITH THE CiTY CLERK'S OFFICE WITHIN TEN DAYS OF DATE
OF ACTION.
REVISED TO ADD CITY ATTORNEY DISCUSSION ON PERMITTED AND
CONDITIONAL USE APPROVALS,
PLANNING AND ZONING COMMISSION
REGULAR MEETING MINUTES
JUNE 20, 1991
CHAIRMAN KRULIKOWSKI CALLED THE MEETING TO ORDER.
PRESENT; MR. MAHONEY, MRS. KILKELLY, MR. SHROYER,ALTERNATE,
MRS. O'CONNOR, MR. KRULIKOWSKI, MR. THOMPSON, MR. FULLERTON
ABSENT; MR. WADSWORTH, EXCUSED - MR. LINDSEY, EXCUSED
ALSO PRESENT; LINDA KINCHEN, SECRETARY, RICK TORPY, CITY
ATTORNEY AND CATHERINE HILTON, CITY PLANNER AND DAN ECKIS,
CITY ENGINEER
ANNOUNCEMENTS; CHAIRMAN FEELS NO TIME EXTENSION SHOULD BE
NECESSARY AGENDA IS NOT LONG. ALSO SHROYER REQUESTS ATTORNEY
DISCUSSION BE MOVED TO ATTORNEY MATTERS - ATTY TORPY HAS NO
PROBLEM WITH THAT.
APPROVAL OF MINUTES; MAY 16TH, 1991 - A MOTION TO APPROVE THE
MINUTES AS SUBMITTED BY MR, THOMPSON SECOND MR. FULLERTON
PASSED UNANIMOUSLY. MR SHROYER IS VOTING FOR MR WADSWORTH
PLANT NURSERY REOUEST, CATHERINE HILTON ANNOUNCES THAT MR.
PINDER ASKED FOR A DELAY ON THIS MATTER BY PHONE TODAY. A
MOTION TO POSTPONE REQUEST UNTIL APPLICANT REQUESTS
RESUBMISSION BY MR. FULLERTON SECOND MR. THOMPSON PASSED
UNANIMOUSLY,
GARAGE SALE ORDINANCE: CHAIRMAN OPENS THE DISCUSSION TO THE
PUBLIC FOR COMMENTS AT 7:10 P.M.
WILLIAM CAMEOU AT 921 S. EASY STREET SPEAKS FIRST.
STATES HE FEELS THIS ORDINANCE WILL MAKE SEBASTIAN A LAUGHING
STOCK SAYS WE CAN'T ENFORCE THE ORDINANCES WE HAVE NOW AND
SINCE THE CODE ENFORCEMENT OFFICER WORKS MONDAY THRU FRIDAY
FROM 8:00 TO 4:30 HOW CAN HE ENFORCE THiS - HE STATED THAT
ON WEEKENDS A TRACTOR TRAILER PARKS ON MISTLETOE ALL WEEKEND
AND NO ONE DOES ANYTHING ABOUT THAT,
JILL HASSET .- SEBASTIAN FEELS THE FEE WILL NICKEL AND DIME
THE PEOPLE TO DEATH EVEN THOUGH IT IS SMALL
PUBLIC PORTION CLOSED AT 7:20 P,M,
MR, THOMPSON SPEAKS IN FAVOR OF THE ORDINANCE
MR, SHROYER IS AGAINST
MRS, KILKELLY IS AGAINST THE ORDINANCE
MR, MAHONEY FEELS THE ORDINANCE IS BASICALLY GOOD BUT NEEDS
SOME CHANOES
MRS. O'CONNOR IS IN FAVOR
PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES
JUNE 20, lg91 PAGE TWO
MR, FULLERTON STATES IT HAS GOOD AND BAD POINTS
MR. KRULIKOWSKI IS IN FAVOR WITH REVISIONS
EDRA YOUNG SPEAKS FROM THE PUBLIC AND STATES LOTS OF PEOPLE
ARE USING IT TO SUPPORT THEIR FAMILY DUE TO UNEMPLOYMENT
CHAIRMAN STATES THAT IS NOT WHAT IT WAS INTENDED FOR.
MR. SHROYER STATES THE COUNTY ORDINANCE SHOULD BE CHECKED AND
MORE STUDY PUT INTO THIS ORDINANCE BY STAFF.
A MOTION TO RETURN THE ORDINANCE TO STAFF FOR MORE STUDY BY
MR. SHROYER SECOND MRS. KILKELLY PASSED UNANIMOUSLY.
NEW BUSINESS:
HOME OCCUPATIONAL LICENSE - DONNA ROGERS 814 ROSELAND ROAD -
PANDA CHILD CARE
MR. THOMPSON ASKS FOR A CLARIFICATION REGARDING THE SCREEN
PORCH AND IF THAT IS THE AREA SHE INTENDS TO USE.
APPLICANT STATES YES; THERE IS MUCH DISCUSSION REGARDING
WHETHER THE SCREEN ROOM IS PART OF THE SQUARE FOOTAGE OF
LIVABLE SPACE OR NOT.
PUBLIC HEARING OPENED 8:05 P,M. NO COMMENTS CLOSED 8:05 P.M.
A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR DONNA
ROGERS AT 814 ROSELAND ROAD WAS MADE BY MRS. KILKELLY SECOND
MR. THOMPSON FOR DISCUSSION - UNDER DISCUSSION SHE IS ASKED
ABOUT HER STATE LICENSE AND SHE STATES HAS APPLIED FOR iT AND
WILL BE REQUIRED TO GET IT BEFORE SHE CAN OPERATE AS A
BUSINESS. MOTION PASSED UNANIMOUSLY.
BELMONT HOMES - MODEL HOME PERMIT - NEW
202 dOYHAVEN DRIVE - DANNY EXPLAINS THAT HE THOUGHT HE HAD
OBTAINED A MODEL HOME PERMIT FOR BOTH HOUSES LAST YEAR WHEN
IN FACT HE ONLY HAD ONE, NOW ONE IS SOLD AND NEEDS A PERMIT
ON THE OTHER THATS WHY IT IS NEW AND NOT A RENEWAL.
NO WRITTEN OBJECTIONS WERE RECEIVED
PUBLIC HEARING OPENED AT 8:10 P.M. CLOSED AT 8;10 P.M. NO
COMMENT
A MOTION TO APPROVE THE MODEL HOME PERMIT FOR BELMONT HOMES
AT 202 JOY HAVEN DRIVE WAS MADE BY MR, THOMPSON SECOND MRS,
O'CONNOR PASSED UNANIMOUSLY,
MODEL HOME PERMIT - LIFESTYLE HOMES - NEW 1250 BARBER STREET
PUBLIC HEARING OPENED AT 8:15 P,M. CLOSED AT 8:15 P,M. NO
COMMENT -
A MOTION TO APPROVE THE MODEL HOME PERMIT AT 1250 BARBER
STREET WAS MADE BY MRS, KILKELLY SECOND MR. THOMPSON PASSED
UNANIMOUSLY.
PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES
JUNE 20, 1991 PAGE THREE
CONDITIONAL USE PERMIT - PALM LAKE CLUB TENNIS COURT
CARL FISCHER IS PRESENT TO ANSWER QUESTIONS -
MR, FULLERTON DECLARES THAT HE WORKS FOR MR, FISCHER AND
ATTORNEY ADVISES HIM NOT TO VOTE ON THE MATTER.
CARL STATES HE FEELS PARKING IS NOT REQUIRED BECAUSE IN HIS
OPINION IT WILL BE USED BY RESIDENTS ONLY DRIVING GOLF CARTS
AND BICYCLES.
PUBLIC HEARING OPENED AT 8:25 P.M, CLOSED AT 8:25 P,M. NO
COMMENT. THE CITY ENGINEER IS ASKED IF BASED ON MR. FISCHERS
COMMENTS REGARDING PARKING HE IS SATISFIED THAT NO PARKING IS
REQUIRED. HE GIVES A BRIEF EXPLANATION OF WHY HE REVIEWED THE
SITE AND IS SATISFIED SINCE THIS IS PRIVATE THAT IT WILL BE
ADEQUATE.
A MOTION TO APPROVE THE CONDITION USE PERMIT FOR A TENNIS
COURT FOR PALM LAKE CLUB WAS MADE BY MRS. KILKELLY SECOND
MRS. O'CONNOR PASSED 6-0 WITH MR. FULLERTON ABSTAINING,
RECESS CALLED AT 8:25 P,M, BACK AT 8:35 P,M, ALL PRESENT
INLET MARINA MINOR SITE PLAN - TOM COLLINS IS PRESENT TO
ANSWER QUESTIONS
STATES WILL EXTEND THE BUILDING ON THE EAST SIDE TEN MORE
FEET, DEMOLISH THE BUILDING ON THE WEST FOR MORE PARKING AND
ADD MORE BOAT SLIPS
AFTER SOME DISCUSSION REGARDING PARKING AND ALSO WHETHER A
DRIVEWAY IS WIDE ENOUGH ACCORDING TO THE CODE THE FOLLOWING
MOTION IS MADE, ATTORNEY ADVISES THAT THE COMMISSION CANNOT
MAKE THE MAN CHANGE AN EXISTING CONDITION WHICH IS NOT IN THE
AREA OF THE CURRENT DEVELOPMENT REQUEST,
A MOTION TO APPROVE THE MINOR SITE PLAN FOR INLET MARINA AT
1606 INDIAN RIVER DRIVE AS SHOWN ON SPI-1 DATED 6--19-91
SUBJECT TO.-- COMMENT 2 OF THE TRC LETTER DATED 6--7-91 AND
COMMENT FOUR OF THE SAME MEMO BY MR, THOMPSON SECOND MRS,
KILKELLY FOR DISCUSSION UNDER DISCUSSION MRS. KILKELLY ASKS
IF CAN ADD THAT THE NEW ADDITION NOT EXCEED THE 25 FOOT
HEIGHT LIMIT TO THE RIDGE OF THE ROOF AS REQUIRED BY CODE.
MR. THOMPSON REVISES HIS MOTION TO INCLUDE SECOND AGREES
PASSED UNANIMOUSLY.
CHAIRMANS MATTERS: NONE
MEMBERS MATTERS: SHROYER ASKS THAT JOINT MEETINGS BE HELD IF
THE CITY ATTORNEY HAS PROBLEMS OR COMPLAINTS WITH THE BOARD
AND FEELS A STAMP SHOULD BE MADE UP FOR CONCEPTUAL APPROVAL
OR ELIMINATION OF THEM ALTOGETHER TO AVOID WHAT HAPPENED WITH
SEMBLER-- ALSO BOARD SHOULD CONSIDER THEIR OWN INSURANCE FOR
SUIT DEFENSE SINCE THE CITY WILL NOT ASSIST THEM, FELT THAT
THE COMMENTS MADE BY THE CITY ATTORNEY AND THE CITY
PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES
JUNE 20, 1991
PAGE FOUR
COUNCIL WHERE UNCALLED FOR AND DEGRADING TO THE COMMISSION.
SECRETARY ADVISES THE TIME LIMIT IS UP AND A MOTION TO EXTEND
IS REQUIRED.
A MOTION TO EXTEND UNTIL ENGINEERS MATTERS IS OVER WAS MADE
BY MR, THOMPSON SECOND MRS, KILKELLY PASSED UNANIMOUSLY,
THE ATTORNEY STATES A JOINT WORKSHOP WITH COUNCIL SHOULD BE
HELD TO AIR THEIR DIFFERENCES iF THEY FEEL STRONGLY ABOUT IT.
THE ATTORNEY GIVES A DISCUSSION ON PERMITTED AND CONDITIONAL
USES AND VERY EXPLICIT DIRECTIONS ON HOW AND WHY AND WHEN A
CONDITIONAL USE CAN BE TURNED DOWN, HE DID ADVISE THE BOARD
THAT IF THE CONDITIONAL USE MEETS ALL CRITERIA IT CANNOT BE
TURNED DOWN UNDER ANY CIRCUMSTANCES,
ATTORNEY LEAVES AT' 10:15 P.M. AFTER HIS DISCUSSION
A MOTION TO PUT THE FOOD LION WHEELSTOP REOUEST ON THE AGENDA
WAS MADE BY MR, THOMPSON SECOND MR. MAHONEY PASSED
UNANIMOUSLY.
AFTER SOME BASIC DISCUSSION AND A REQUEST BY THE CITY
ENGINEER THAT IF THEY APPROVE THE WAIVER THAT THEY MAKE IT
CONDITIONAL ON CURBING AROUND ALL LANDSCAPE ISLANDS
A MOTION TO APPROVE THE WAIVER OF WHEEL STOPS AS REQUESTED
AND RECOMMENDED BY THE CITY ENGINEER AS STATED IN 20A8,5,3 OF
LDC WITH THE CONDITION THAT PERIMETER PARKING AND LANDSCAPE
AREAS BE PROTECTED BY CURBING WAS MADE BY MR. THOMPSON SECOND
MRS. KILKELLY PASSED 6-1 WITH MR. SHROYER VOTING NO,
MEETING ADJOURNED AT 10:30 P.M.
' FORM8B MEMO NDUM 'OF-VOTINGiJ iONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL 'PUBLIC OFFICERS
LAST NAME--FIRST NAME--M. IDDLE?AME
ADDRESS
..
CITY
COUNTY
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
THE BOARD, COUNCIt,, COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
! ', CITY !~ COUNTY i ! OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
L i ELECTIVE ' APPOINTIVE
WHO MUST FILE FORM 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. 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:n making the disclosure required by law.
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 112.3143, FLORIDA STATUTES
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 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.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to thc assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of thc meeting, who should incorporate thc form in thc minutes.
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 may 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 thc 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:
ecu should complete and file this form (before making any attempt to influence the decision) with the person responsible for
ording 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 at the meeting prior to consideration of the matter in which you have a conflict of interest.
I-(')RM ~B li).~6 PAGE
IF YOU MAKE NO ATTEMPT TO.INFLUENCE THE DECISION EXCEPT BY DI~L~USSION OR VOTE AT THE MEETING:
You should disclose orally the nature of your conflict in the measure before participating. "~'
You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, Who should incorPOrate the form in the minutes. "
DISCLOSURE OF STATE OFFICER'S INTEREST
, hereby disclose that on
(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 ~"/' ''~ '~ '~
(b) The measure before my agency and the nature of my interest in the measure is as follows:
, by whom I am retained.
Date Filed
Sig~at u~re~ '
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREI~
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINO~
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN~
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
PAGE
CE FORM 8B - 10-86