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HomeMy WebLinkAbout09031987 PZPLANN I NG AND ZON I NG COMM I SS I ON REGULAR MEETING MINUTES SEPTEMBER :3, 1987 MEETING CALLED TO ORDER BY VICE-CHAIRMAN WADSWORTH AT 7:00 P~M. PRESENT; MRS. TAYLOR, MRS. POOLE, MRS. KILKELLY, MR~ MAHONEY AND VICE-CHAIRMAN WADSWORTH~ ABSENT; CHAIRMAN KRULIKOWSKI, MR. EISENBARTH, MR. FULLERTON ALL EXCUSED ALSO PRESENT; TOM PALMER CITY ATTORNEY, BRUCE COOPER, BUILDING OFFiCiAL, AND LINDA KINCHEN, SECRETARY NO ANNOUNCEMENTS; APPROVE MINUTES AUGUST 20, 1987 'THEIR BEING NO CHANGES OR CORRECTIONS MR. MAHONEY MADE A MOTION TO APPROVE THE MINUTES.AS PRESENTED SECONDED 8Y MRS. POOLE, PASSED UNANIMOUSLY. HOME OCCUPATIONS; DONALD HOMER lB81 qUIESCENT LANE TELEPHONE ONLY NO EMPLOYEES SMALL P.U. TRUCK NO HOME VISITATIONS BY CUSTOMERS- CHAIRMAN WADSWORTH REQUESTED THESE ANSWERS. BRUCE COOPER EXPLAINS THE LIMITATIONS OF A HANDYMAN TO THE APF'LICANT - MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR HOMER REPAIRS AT 1SS1 qUIESCENT LANE BY MRS. POOLE SECONDED BY MRS. '[AYLOR PASSED UNANIMOUSLY. C. J. VELEK 7Al SW BARBER STREET MRS. POOLE ASKS APPLICANT ABOUT STORAGE ON PROPERTY SAYS KEEPS A TABLE SAW AND A BENCH SAW IN GARAGE~ USES A VAN WILL HAVE NO EMPLOYEES AND IS REQUESTING A PHONE ONLY. ATTORNEY F'ALMER STATES THIS IS NOT A PROPER HOME OCCUPATION AND TABLE SAWS AND BENCH SAWS SHOULD NOT STORED AT THE HOME AND HAULED OFF TO THE JO8 SITE STATES '[HEIR ARE MINI- WAREHOUSES IN SEBASTIAN THAT ARE SET UP FOR THIS TYPE OF STORAGE AND ADDS AFTER MORE DISCUSSION THAT THE MANS VEHICLE EXCEEDS THE WEIGHT LIMIT IN THE CODE OF ORDINANCES. 8ABED ON TOMS COMMENTS MRS. TAYLOR MADE A MOTION TO REJECT THE HOME OCCUPATIONAL LICENSE FOR C. J. VELEK AT 7~1SW BARBER ST, SECONDED BY MR. MAHONEY -PASSED UNANIMOUSLY BY ROLL CALL VOTE ON THE MOTION~ PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 3, 1987 PAGE TWO STEVE ROC:K 1S7~, DAMASK LANE MR. ROCK STATES HE WILL HAVE NO MATERIALS AT THE HOI;SE~ NO EMPLOYEE?-; AND USES A SMALL_ 3/~ TON PICK-UP SPORT CARRIER. BASED ON HIS COMMENTS MR. MAHONEY MADE A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR STEVE ROCK AT 1S74 DAMASK] LANE SECONDED 8Y MRS. KILKELLY PASSED UNANIMOUSLY 8Y ROLL CALL. UPHOLSTERY UNLIMITED MIKE MARKISON 94~ GEORGE STREET PRIOR TO GETTING INTO ANY DISCUSSION BRUCE COOPER STATES HE HAD TURNED THIS OCCUPATIONAL LICENSE DOWN DUE TO THE PERCENTAGE OF USE AND THE FACT THAT IT WAS A REQUEST TO USE THE GARAGE, BRUCE STATES A GARAGE CANNOT BE USED IN A HOME OCCUPATIONAL LICENSE AND THE APPLICATION DOES NOT MEET THE CRITERIA. BASED ON BRUCE'S COMMENTS MR, MAHONEY MADE A MOTION TO REJECT THE HOME OCCUPATIONAL LICENSE FOR UPHOLSTERY UNLIMITED SECONDED 8Y MRS~ POOLE; MR. WADSWORTH STATED THAT HE HAD ON SEVERAL OCCASIONS SEEN LARGE SEMI TRUCKS DELIVERING FURNITURE 'TO MR, MARKISONS ADDRESS WHICH IN ITSELF IS A VIOLATION OF THE HOME OCCUPATIONAL LICENSE REGULATIONS~ ROLL CALL VOTE PASSED THE MOTION TO REJECT UNANIMOUSLY. :BAN SEBASTIAN SPRINGS WEST - PRELIMINARY PLA"I' DR, HENRY FISCHER AND TODD SMITH OF' RANDY MOSBYS OFFICE REPRESENT THE PROJECT, DR. FISCHER STATES HE HAS TO GO THROUGH ONE MORE PUBLIC HEARING BY THE FAA AFTER HIS APPROVAL FROM THE CITY'OF SEBASTIAN. MR. SMITH GOES OVER RANDY'S LETTER POINT BY F'OINT. MR. WADSWORTH ASKS REGARDING UTILITY EASEMENTS; FOR SIDE LOT LINES AND RE(~UESTS THAT THEY BE SHOWN AS DRAINAGE: AND UTILITY EA,~EMENT=, ON THE FINAL PLAT, THE oI.,'E OF THE RUNWAY IS 18.S0 FEET AND IT IS GRA._.c, FAA APPROVED. PLANNING AND ZONING COMMISSION RE"G]LAR MEETING MINUTES SEPTEMBER 3, 1987 PAGE THREE DR. FI:-";CHER STATES FiE WOULD LIKE TO MOVE 7'HE RUNWAY AS FAR NORTH AS POSSIBLE BUT DUE TO THE EAGLES NEST HE CANNOT DO SO A] .... I'HI'-' TIME WHEN ASKED WHAT IS TO THE NORTH DR FISCHER INDICATED TWO dO ACRE PARCELS WHICH HE OWNS STATES THAT THE AIR STRIP' MEETS ALL MINIMAL FAA STANDARDS. MUCH DISCUSSION ON THE .=,IRE PLAN REGARDING WAIVERS OF THE WATER SYSTEM AND WAIVER OF DEDICATED PARK LANDS. DISCUSSION DETERMINES NEITHER ARE WAIVERABLE ACCORDING TO THE CODE 8UT THE CITY COUNCIL HAS THE POWER TO MAKE ADJUSTMENTS "FO THE RULES AND REGULATIONS. DR. FISCHER AGREES TO WORK WITH THE COUNCIL REGARDING THE WATER SYSTEM IF THE SIZE OF THE LOTS ODES NOT EXEMPT THEM FROM A WATER SYSTEM AND ALSO TO DEDICATE PARK] LAND TO COVER THAT RE(~UiREMENT TO BE WORKED OUT LATER. ATTORNEY ALAN POLACKWICH SPEAKS REGARDING HI.E; CLIENTS DR, FISC:HER SPEAKS AGAIN iN REBUTTAL OF' MR. F'OLACKWICHS COMMENTS IT IS DETERMINED THAT IF THE AIRSTRIP IS CAUSING THE ANWELT CORPORATIONS PROPERTY TO HAVE A LOSS OF BUILDING HEIGHT IT SHOULD BE MOVED NORTH TO AVOID THE LOSS TI] THE SURROUNDING NEIGHBOR OR AN AVIATION EASEMENT SHOULD 8E WORKED OUT BETWEEN THE TWO F'ROPERTY OtVNERS, OR. FISCHER STATES HE HAS NO PROBLEM WITH THAT. MOTION TO EXTEND THE TIME 30 MINUTES 8Y MR. MAHONEY SECONDED BY MRS. F'OOLE FA ...... ED UNANIMOUSLY MORE DI._,£..)..~..~ION AND FINALLY 'I'OM PALMER I'--' ._, ASKED TO WORD A MOTION INCLUDING EVERYTHING THE BOARD HAS DI.=,CU._,.~,ED TONIGHT THE FOLLOWING IS THE MOTION: THE APPLICATION BE APPROVED SUBJECT TO FURTHER CITY COUNCIL APPROVAL WITH THE STIPULATION THAT THE EFFECTIVE SOUTHERN END OF THE AIRSTRIP 8E MOVED iF NECESSARY TO A POINT NORTH WHEREBY THE LANDOWNER TO THE SOUTH CAN BUILD A STRUCTURE TO A HEIGHT HE WOULD OTHERWISE BE ALLOWED TO BUILD THAT STRUCTURE WHETHER OR NOT THE AIR STRIP WAS 'I'HERE, NUMBER ONE AND .NUMBER TWO THAT TFIE G~UESTION ABOUT THE SECURITY IN REGARD TO THE UTILITY FACILITIES FOR THE FUTURE NOT BE WAIVED BUT THE FORM OF THAT SECURITY BE ESTABLISHED BY THE CITY COUNCIL AND CERTAINLY WE DO NO7' RECOMMEND CASFI. MORE DISCUSSION ADDING PLANNING AND ZONING COMMiS.~ION REGULAR MEETING MINUTES SEPTEMBER 3, 1987 PAGE FOUR TIRE FOLLOWING TO THE MOTION; UNDER NUMBER ONE THA1- THE WORDS OR ACQUIRE AN AVIATION EASEMENT FROM THE PROPERTY OWNER TO THE SOUTH ALSO THAT IF AND WHEN THIS SUBDIVISION GETS EXTENDED 8Y ANOTHER SUBDIVISION TO THE NORTH THAT THERE BE A CONNECTOR ROAD BETWEEN WA'I-ERVALiET AVENUE AND HENRY'S LOOP IN THE ROUGH PROXIMITY OF TI.dE NORTHERN MOST PROPERTY LINE IN THIS SUBDIVISION. MRS. F'OOLE MOVED TO ACCEPT THE SITE PLAN AS WORDED BY ATTORNEY PALMER SECONDED BY MR. MAHONEY FOR DISCUSSION UNDER DISCUSSION MRS. TAYLOR INDICATES THAT SHE MIGHT HAVE A CONFLICT OF' iNTEREST AND IT IS DETERMINED THAT SHE DOES NOT HAVE ONE SINCE SHE HAS NOT PREJUDGED THE SITE F'LAN~ IT WAS ALSO E:ROUGHT UP BY BRUCE COOPER UNDER DISCUSSION THAT THE MOTION SHOULD INCLUDE FIRE FLOWS FROM-tHE LAKE BE ADDED TO ASSIST ]'HE FIRE DEF'ARTMENT. THIS WAS AGREED UF'ON ALSO. ROLl_ [:ALL. MRS. TAYLOR - YES MR. MAHONEY - YES MRS. KILLKELLEY-YES MRS. POOLE - YES VICE-CHAIRMAN WADSWORTH - YES CHAIRMANS MATTERS PUT OFF TILL NEXT MEETING DUE 'TO TIME MEMBERS MATTERS PUT OFF; TILL NEXT MEETING DUE TO TIME BUILDING OFFICIAL MATTERS; BRUCE TALKS ABOUT ADDING A REG~UIREMENT TO CONDITIONAL USES TO NOTIFY THE SURROUNDING PROPERTY OWNERS WITHIN 200 FEET, HE STA'rES IF THE BOARD HAS NO OBJECTIONS THE COUNCIL WILL ACT ON THIS CHANGE. HE iNDICATES IT WAS BROUGHT OUT BY THE CHII_D CARE CENTER APPROVED ON FULTON AND STATES THAT EVEN THOUGH IT WAS APPROVED CORRECTLY IT iS FELT THAT PROF'ERTY OWNERS SHOULD RECEIVE '.SOME NOTICE, THE 80ARD HAD NO OE;JECTION HE ALSO STATED THAT THE HEALTH DEPARTMENT WOULD LIKE US TO MAKE IT A POLICY THAT THEIR COMMENTS BE RECEIVED PRI~R TO FINAL SITE PLAN APPROVAL. THE BOARD FELT THIS WA~.ACOEPTAGLE AS; WELL. FINALLY E:RUCE :SPEAKS REGARDING THE SIGN ORDINANCE AND FREE STANDING POLE SIGNS HE WILL BE MAKING SOME CHANGES. MOTION TO EXTEND THE MEETING D, MINUTES BY MAFIONEY AND TAYLOR PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 3, 1987 --. PAGE F'IVE MOTION TO EXTEND PASSED UNANIMOUSLY BRUCE COMPLETES HIS DISCUSSION REFERENCE TO ]"HE SIGN ELRDINANCE HE STATES HE HAS MORE ITEMS TO BRING UP BUT WILL HOLD THEM TILL NEXT MEETING DUE TO THE TIME. SECRETARY MAT, TERS; ANNOUNCES THAT THE l Z~TH AND 21ST ARE AVAILABLE FOR A SPECIAL MEETING AND WHICH DID 'rHEY PREFER THE 21ST WAS TENTATIVELY SCHEDULED WITH CONFIRMATION TO 8E MADE AT THE MEETING ON THE 17TH. THERE BEING NO OTHER ACTION THE MEETING WAS ADJOURNED DUE TO "FIME LIMIT RUNNING OUT AGAIN. This form is for,4ase by any person serving at the county, cit~ or otho'l~l level of government on an appoimed or elected board, council, comn]i~sion, authority, or commitlee. Il applies eqmll~ to m~mb~ of advisory and non-advisory bodies who ate presented with a voting ~:bnflict of interest under Section 112.3143, FIo~ta Smlmes. The requirements of this law ate mandatory; although the use of this particular form is not ~quired by law, you ate en~oamged to use it in making the diaciosure required by 'law. Your responsibilities under the law wheh faced with a measm~ in which you have a conflict of inte~st Nil ~ gteat!y 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 ~ 1t2.$14~, FLORIDA ~ATUTFJ ~LECTED OFFICERS: A person holding elective county, munk:ipai, or other local public otT~e 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 eilher case, you should 'disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly sming to the 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 the meeting, who should incorporate.Ibc form .in the minutes. APPOINTED OFFICERS: A person-ho, lding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures io his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a princil~al (other than a government agency) b~ whom he is retained. A person holding an appointive local office otherwise may lmlicipate in a matter in which he has a conflict of interest, but must disclose the nature of the conflic~ before'making any attempl m influence the decision by oral or written communication, whether made by the officer or at his directio, n. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ~e ~ou.should complete and file thi~. form (before making any atteml~ to influence the decision) with the person responsible for cording the minutes of the meciing, who Will incorpom~ the. form in the minutes. : copy of the form should be provided immediately Io I~ mher members of the agency. ' _eThe...f°rm should be read publicly at the meeting prior ro consideration of the miller in which you have .a: conflict of interest--_~ :.'iF yOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature.of your conflk~ 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.' DISOLOSURE OF LOOAL OFFIOER'S (a) A measuca came or will come before my agency which (check one) __ inurec~-~o my special private .gain; or .,~nured to the special gain of ~ J , 19 : , by whom i am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.31'/ (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES'GROUNDSFOR AND MAY BE PUNiSHED.BY ONE OR. MOREOF. THE,FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT., DEMoTi°N, REDuCTioN IN S__A_L_A._RY, .REPRi_MA_ND.:i. OR_A CiViL PENALTY NOT TO EXCEED'$5;O00. ' L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 127 r-I SEBASTIAN, FLORIDA 32958-01 27 TELEPHONE (305) 589-5330 Hector Franco Engineering/Public Works PLANNING AND ?ONING COMMISSION REGULAR MEETibIG AGENDA .=,EFTEMEER .":, 19::37 CALL 'T'O ORDER I:"'(0 L L CALL ANNOtJNCEMEN'I"S APPROVE M I NU]"ES; OL.D F::;US I NESS; NONE NE~ BUSINESS; AUGU.=,T 20TH, 1987 IqOME OCCUPATIONAL LICENSES SITE PLAN - SAN SEBASTIAN SPRINGS WE',""]]" CHA I RMANS MA]"TER',,B; MEMBERS MAT'I'EF(S; A"f'TORNE:YE; MA'T-F'ERS; ENG I NEER'3 MATTERS; BUILDING OFF'ICIAL MATTERS; AD,,IOURN NOTE; IF' ANY PERSON DECIDES TO APPEAL ANY OECIS1;ON MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF ]"HE PROCEEDINGS, Al,ID FOR SUCH PURPOSE'3 HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY IN EVI[)ENCE ON WHICH THE APPEAL IS MADE,