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Home My WebLink About07021992 PZip /0"11) City of Sebastian POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 PLANNING AND ZONING COMMISSION REGULAR MEETING AGENDA JULY 2ND. 1992 CALL TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES; REGULAR MEETING, JUNE 4TH, 1992 OLD BUSINESS; TREE ORDINANCE FIRST REVIEW LDC CODE RECOMMENDATIONS TO CITY COUNCIL NEW BUSINESS: HOME OCCUPATIONAL LICENSE - IRENE LAURIA MODEL HOME PERMIT - HOLIDAY BLDRS TENTATIVE APPROVAL - SITE PLAN RUTH SULLIVAN BOARD MEMBER RECOMMENDATIONS TO CITY COUNCIL 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 THAI' A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD 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.) 5 /o'1 City of Sebastian 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, JULY 2ND, 1992 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JULY 2, 1992 CHAIRMAN KRULIKOWSKI OPENED THE MEETING AT 7:00 P.M. PRESENT; MR. MAHONEY, MRS. KILKELLY, MR. SHROYER,ALTERNATE, S MR. O'CONNOR, MR. FULLERTON, MR. KRULIKOWSKI ABSENT; MR. LINDSEY, UNEXCUSED AND MR. WADSWORTH, UNEXCUSED ALSO PRESENT; LINDA KINCHEN, SECRETARY, AND CATHERINE HILTON, CITY PLANNER, ANNOUNCEMENTS; MOTION TO PUT OLD BUSINESS AFTER NEW BUSINESS BY THOMPSON SECOND FULLERTON PASSED UNANIMOUSLY. ------------------------------------------------------------- APPROVAL OF MINUTES - JUNE 4, 1992 - MR. MAHONEY FELT AT THE BOTTOM OF PAGE TWO THAT HE SHOULD BE LISTED AS THE ONE WHO BROUGHT UP THE ORDER OF PRIORITY AND MRS. KILKELLY DISAGREES AND THE MINUTES REMAIN THE SAME - A MOTION TO APPROVE AS SUBMITTED MADE BY MR. THOMPSON SECOND MRS. KILKELLY PASSED UNANIMOUSLY. -------------------------------------------------------------- HOME OCCUPATIONAL LICENSE - IRENE LAURIA 525 DURANT STREET AS AN ARTWORK SERVICE - ADDRESS OF CONVENIENCE PUBLIC HEARING OPENED 7:10 P.M. CLOSED AT 7:10 P.M. A MOTION TO APPROVE THE H.O.L MADE BY MR. THOMPSON SECOND MRS. KILKELLY PASSED UNANIMOUSLY. ----------------------------------------------------------- MODEL HOME PERMIT - HOLIDAY BUILDERS - NO ONE IS PRESENT FROM HOLIDAY - A MOTION TO POSTPONE UNTIL NEXT MEETING MADE BY MR. THOMPSON SECOND MR. MAHONEY PASSED UNANIMOUSLY. SITE PLAN TENTATIVE APPROVAL RUTH SULLIVAN MRS. SULLIVAN SPEAKS TO THE COMMISSION REGARDING HER THOUGHTS AND THERE IS MIXED FEELINGS ABOUT GRANTING TENTATIVE APPROVAL. MR_ MAHONEY QUESTIONS WHETHER THE DEPTH OF LOT IS WITHIN THE CODE REQUIREMENTS AND WITHOUT A SURVEY IT CANNOT BE DETERMINED CATHERINE HILTON CITY PLANNER STATES THE PARKING ON THE EAST SIDE NEEDS REVISIONS TO ALLOW CIRCULATION AS IT IS RIGHT NOW IF THE SPACES ARE ALL FULL YOU NEED TO BACK UP TO GET OUT. THE QUESTION IS ASKED IF THE SECOND STORY WAS MEANT TO BE UP ON STILTS AND STAN STATES YES THAT IS THE WAY IT IS DESIGNED. PLANNING AND ZONING COMMISSION REGULAR MEETING~ MINUTES JULY 2, 1992 PAGE TWO MRS. SULLIVAN STATES THE ROOMS ARE 200 SQ FT SLEEPING ROOMS ONLY_ A MOTION BY MR. THOMPSON TO APPROVE TENTATIVE SITE PLAN SKETCH FOR ADDITIONS TO THE MOTEL AND THE CAFE AT 1215 INDIAN RIVER DR AS SHOWN ON SHEET 1 OF 1 DRAWING DATED 0--23-92 BY STANLEY KRULIKOWSKI AND IN NO EVENT SHALL SUCH TENTATIVE APPROVAL BY THE PLANNING -AND ZONING COMMISSION BE DEEMED TO - PROVIDE -THE APPLICANT WITH.VESTED RIGHTS IN THE PRELIMINARY SITE FLAN -SKETCH OR WITH RESPECT TO ANY LAND USE SUGGESTED - THEREIN. SECOND BY MR_ SHROYER VOTE 3-3 WITH MR. FULLERTON MRS. O'CONNOR AND MRS. KILKELLY VOTING NO - MR. FULLERTON S. KILKELLY STATED THEY DID HAVE ENOUGH INFORMATION AND MR TO GIVE.APPROVAL MRS. O'CONNOR DID NOT GIVE A REASON. MR. KRULIKOWSKI ABSTAINS DUE TO A CONFLICT OF INTEREST ------------------------------------------------------------- THERE IS MUCH FURTHER DISCUSSION WITH MR. THOMPSON QUOTING THE CODE REQUIREMENTS FOR TENTATIVE APPROVAL AND STATING THAT THE SKETCH SUPPLIED MEETS THAT CODE REQUIREMENT. - MRS. KILKELLY AND MR. FULLERTON STILL STATE THEY DO NOT HAVE ENOUGH INFORMATION TO MAKE AN APPROVAL -- MRS. KILKELLY WANTS RETENTION`AREAS SHOWN AND THERE WAS MENTION OF A SURVEY BEING SUPPLIED FOR THE PROPERTY - MRS. SULLIVAN STATED SHE DID NOT WANT TO PUT A LOT OF MONEY INTO THE SUBMITTAL BECAUSE SHE WAS ADVISED THAT TENTATIVE APPROVAL DOES NOT REQUIRE IT. MR. SHROYER REQUESTED AFTER MUCH DISCUSSION THAT MR. THOMPSONS' MOTION BE RECONSIDERED -AS READ SECOND BY MR. THOMPSON THE VOTE WAS STILL 3-3 RECESS WAS CALLED AT 8:25 P.M. BACK AT 8:30 P.M. MRS. SULLIVAN ASKS IF DAMIEN GILLIAMS COULD SPEAK ON HER BEHALF AND THE COMMISSION DENIES PERMISSION MRS. SULLIVAN STATES SHE HAS NO CHOICE BUT TO WITHDRAW HER SITE PLAN AT THIS TIME. BOARD MEMBERRECOMMENDATIONS - CHAIRMAN STATES WHEN NAME IS ANNOUNCED COME FORWARD AND INTRODUCE YOUR SELF AND SPEAK ' I F YOU SO DESIRE. MR. MAHONEY WITHDREW HIS APPLICATION AT THIS TIME - MR. GEORGE STIER DID NOT SHOW UP MR. STEVEN WILD DID NOT SHOW UP AND MR. WALTER GOLEMBESKI DID NOT SHOW UP - ALSO MR. JOSEPH GENERAZIO WITHDREW HIS APPLICATION BY SUBMITTED.A WRITTEN REQUEST. ALL OTHER APPLICANTS WERE PRESENT TO MEET THE COMMISSION --------------------------------------------------------- SECRETARY ADVISES THE COMMISSION TO FORMALLY REMOVE MR. WADSWORTH AND MR. LINDSEY. A MOTION TO REMOVE MR. W'ADSWORTH AND MR. LINDSEY.DUE TO THREE UNEXCUSED CONSECUTIVE ABSENCES AND ALSO THAT BOTH ARE NO LONGER RESIDENTS OF THE CITY THE SEBASTIAN MADE BY MR. THOMPSON SECOND MR. FULLERTON PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JULY 2, 1992 PAGE THREE MR. SHROYER IS NOMINATED FOR THE REGULAR MEMBER POSITION BEING VACATED BY MR. MAHONEY ALSO NORMA DAMP IS NOMINATED FOR. THE POSITION - NOMINATIONS ARE CLOSED VOICE VOTE IS TAKEN -AS FOLLOWS: MR. FULLERTON - VOTED FOR MR. SHROYER MR. SHROYER - ABSTAINED FROM VOTING MRS. O'CONNOR VOTED FOR MR. SHROYER MR. MAHONEY VOTED FOR MR. SHROYER MRS. KILKELLY VOTED FOR MR. SHROYER MR. THOMPSON VOTED FOR MR. SHROYER MR. KRULIKOWSKI VOTED FOR MRS. DAMP. RECOMMENDATION GOES TO MR. SHROYER MRS. O'CONNOR LEFT THE MEETING AT 9;15 P.M. NEXT FOR MR. WADSWORTHS UNEXPIRED TERM MR. MAHONEY NOMINATED HIMSELF - SECRETARY STATES HE WITHDREW HIS APPLICATION EARLIER AND HE STATES THAT WAS ONLY FOR HIS SEAT AND THE WAY HE READS THE CODE,_ HE CAN APPLY FOR MR. WADSWORTHS SEAT - NORMA DAMP AND CARL FISCHER ARE ALSO ( 1 NOMINATED - NOMINATIONS ARE CLOSED VOICE VOTE MR. FULLERTON - MR. MAHONEY MR. THOMPSON- MRS. DAMP MR. SHROYER - MRS. DAMP MR. MAHONEY- MR. MAHONEY MRS. KILKELLY - MRS. DAMP MR. KRULIKOWSKI - MR. FISCHER RECOMMENDATION GOES TO MRS. NORMA DAMP NEXT - MR. SHROYERS ALTERNATE POSITION SHOULD HE BE APPOINTED A REGULAR MEMBER MR. FIRTION, MR. MIQUELON, MRS. BRANTMEYER AND MR. GILLIAMS WERE NOMINATED VOICE VOTE AS FOLLOWS MR. FULLERTON MR. SHROYER MR. MAHONEY MRS KILKELLY MR. THOMPSON MR_ KRULIKOWSKI - MR. MIQUELON - MR. MIQUELON - MR. FIRTION - MRS, BRANTMEYER - MR. FIRTION - MR. GILLIAMS THERE BEING A TIE BETWEEN MR_ FIRTION AND MR. MIQUELON ANOTHER VOTE WAS TAKEN BETWEEN THESE TWO. R PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JULY 21 1992 PAGE FOUR VOICE VOTE AS FOLLOWS: MR. FULLERTON - MR. MIQUELON MR. SHROYER - MR. MIQUELON MR. MAHONEY - MR. FIRTION MRS. KILKELLY - MR. FIRTION MR. THOMPSON - MR. FIRTION MR. KRULIKOWSKI - MR. FIRTION RECOMMENDATION GOES TO MR_ ARTHUR FIRTION NEXT- MR. LINDSEYS UNEXPIRED TERM AS ALTERNATE MR. FISCHER, MRS. BRANTMEYER, MR. GOLDSTEIN AND MR. SCHOFIELD ARE NOMINATED. VOICE VOTE AS FOLLOWS: MR. FULLERTON MR. SHROYER MR. MAHONEY MRS. KILKELLY MR. THOMPSON MR. KRULIKOWSKI - MR. FISCHER - MRS BRANTMEYER - MR. GOLDSTEIN - MR. GOLDSTEIN - MR. FISCHER - MR. SCHOFIELD THERE BEING A TIE BETWEEN FISCHER AND GOLDSTEIN A NEW VOTE WAS TAKEN BETWEEN THE TWO 'MMR. FULLERTON - MR. FISCHER MR. SHROYER - MR. GOLDSTEIN MR. MAHONEY - MR. GOLDSTEIN MRS. . KILKELLY - MR. GOLDSTEIN MR. THOMPSON - MR. FISCHER MR. KRULIKOWSKI - MR. FISCHER THERE BEING A TIE AFTER THE SECOND VOTE IT WAS DECIDED TO ALLOW THE CITY COUNCIL TO MAKE THE FINAL DECISION AND BOTH WILL BE RECOMMENDED TO THEM. RECESS CALLED AT 9:35 P.M. BACK AT 9:45 P.M. TREE ORDINANCE DISCUSSION - MR. FULLERTON LEFT DURING THE BREAK LDC CHANGES REMOVE PAGES 14 AND 15 - A MOTION TO RECOMMEND TO CITY COUNCIL THE REMAINING LDC CHANGES FOR APPROVAL WAS MADE BY MR. THOMPSON EXCEPT FOR A PORTION OF 14 AND ALL OF 15 SECOND BY MRS. KILKELLY UNDER DISCUSSION THE MOTION WAS WITHDRAWN AND THE LDC CHANGES WERE PUT TO THE NEXT MEETING AGENDA f"1 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JULY 2, 1992 PAGE FIVE TREE PROTECTION ORDINANCE - MR. SHROYER FEELS THERE SHOULD BE SOME ADDITIONS REGARDING POISONING AND GIVES A FEW EXAMPLES MRS.. HILTON TELLS HIM TO SUPPLY THE CHANGES TO HER OFFICE TO INCORPORATE INTO THE DOCUMENT AND IT ALSO WAS HELD OVER TO THE NEXT MEETING. MR. MAHONEY MADE A MOTION TO ADJOURN MR_ THOMPSON MADE A MOTION TO EXTEND FOR 15 MINUTES MRS. KILKELLY MADE A SECOND - ALTHOUGH A MOTION TO ADJOURN TAKES PRECEDENCE OVER THE OTHER MOTION A VOTE WAS HELD AND FAILED DUE TO MR. MAHONEY VOTING NO - EXTENSIONS OF TIME ARE REQUIRED TO BE UNANIMOUS. MEETING WAS ADJOURNED AT 10:00 P.M. I - FORM 8B MEM UM OF LiCT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME-- FIRST SOARD. COUNC*I.L COMMI~ION, AUTHORI~ OR* C'OMMI]TEE MAILING Al DArE ON W COUNTY WHICH I SERVE IS A UNIT OF: CITY O COUNTY L"J OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: ~ O ELECTIVE WHO MUM 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. 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 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 n 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 See, 163.356 or 163.357, F.S., and officers of independent 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 engafed in or carrying on a business enterprise with the officer as a partner, .joint venturer, coowner 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 sltuntions described above, you must 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 nrc 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 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 ~.E VOTE WLL BE TAKEN: q~fou 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 be provided immediately to the other mamhers of the agency. . The form must be rend publicly at the next meeting after the form is filed. CE FORM 8B - 10-91 PAGE IF YOU MAKE NO ATTEMPT TO THE DECISI,.n~ ~EFT BY HE MEETING: *You must disclose orally the nature of your conflict ih the measure before participating. YmhOU must complete the form and file it within iS-days after the vote occurs with the person responsible for recording the minutes of e meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other embers of the agency, and the form must he rend publicly nt the next meeting after the form is filed. Di~,CLO .~URE OF LOCAL OFFICER'S INTEREST (a) A/measure came or will come before my agency which (check one) ~"~ ;-,inured to my special private gain; inured to the special gain of my business associate, inured to the special gain of my relative, __ inured to the special gain of ,, whom I am retained; or inured to the special gain of is the parent organization 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: Date Filed ~/~-~J , which OTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED SCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-91 PAGE 2