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HomeMy WebLinkAbout09051991 PZi m City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 PLANNING AND ZONING COMMI`�)SI(--)N REGULAR MEETING AGENDA SEPTEMBER 5, 1991 CALL TO ORDER ROLL CALL ANN(-)UNCEMEN i APPROVE MINUTES,; REGULAR MEETING; JULY 11991 REGULAR MEETING' AUGUST 1, i 991 SPECIAL MEETING AU(jU`='T 8, � x;91 REGULAR MEETIN(:j AUGUST 1 5 , 1991 OLD BUSINEJJ; N()�!E NEW BUSINES`=; : HOME ;OCCUPATIONAL LICENSE — KATHY MII_.l_E R HOME OCCUPATIONAL LICENSE — DOLORFS MCCARTHY MODEL H'6 -ME PERMIT NEW— INDIAN r7i I- HOMES SITE PLAN — JERRY'S SUB AND PUB DISCUSSION AND ACTION ORDINANCES 0--91 -- i ; AND U--91 --14 LDC CODE CHANGES DISCUSSION AND ACTION CHA T RMAN S MATTERS; MEMBERS MATTERS; ATTORNEYS MATTERS; BUILDING OFFICIAL MATTERS; dGINEERS MATTERS : CITY PLANNER 1'iA T T ER5; ADJOURN NOTE-; IF ANY PERSON DECIDES TO APPEAL ANY DECISION tiIADE ON THE ABOVE MATTERS, HE/SNE WILL NEED A RECORD OF THE PROCEEDiNGS, AND FOR SUCH PURPOSES HE/SHE i°lAY ,NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDEcj THE TES-IiFlM )NY IN EVIDENCE ON WHICH THE APPEAL IS MADE. SAID APPEAL MUST LE FILED WITH THE Cll Y CLERK'S OFFICE WITHIN TEN DAYS; DATE OF ACTION. City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 PUBLIC NOTICE CITY OF SEBASTIAN 225 MAIN Si REE T INDIAN RIVER COUNTY SEBASTIAN, ILORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, I- L0RIDA, WILL HOLD A REGULAR MEETING ON THURSDAY, SEPTEMBER 5TH, 1991 AT 7;00 P.M. IN THE CITY COUNCIL CHNIBERS, �'%25 MAIN STREET, SEBASTIAN, FLORIDA. 60 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 5, 1991 VICE CHAIRMAN WADSWORTH OPENED THE MEETING AT 7:05 P.M. PRESENT; MR. MAHONEY, MRS. KILKELLY, MR. SHROYER,ALTERNATE, MR. THOMPSON, MR. FULLERTON, MR. WADSWORTH , MRS. O' CONNOR ABSENT; MR. K%RUL I f--::OWSK I AND MR. L I NDSE Y BOTH EXCUSED ALSO PRESENT; LINDA KINCHEN, SECRETARY, AND CATHERINE HILTON, CITY PLANNER, ANNOUNCEMENTS; MR. THOMPSON MOVES TO MAKE AN ADDITION TO THE AGENDA FOR DISCUSSION AND ACTION ON WIDTH OF PARKING STALLS, SECOND BY MR. MAHONEY - UNANIMOUS MR. FULLERTON MAKES A MOTION TO DELETE THE DISCUSSION ABOUT THE LDC CODE CHANGES AND HOLD A SPECIAL MEETING DATE TO BE SET BY BRUCE DUE TO THE ABSENCE OF CHAIRMAN AND BRUCE COOPER FROM THE MEETING - SECOND BY MRS. O'CONNOR PASSED 5-2 WITH MRS. KILKELLY AND MR. THOMPSON VOTING NO. APPROVAL OF MINUTES - JULY 18, 1991 A MOTION TO APPROVE THE MINUTES AS SUBMITTED WAS MADE BY MR. THOMPSON SECOND MRS. KILKELLY PASSED UNANIMOUSLY. APPROVAL OF MINUTES - AUGUST 19 19919 UNDER ANNOUNCEMENTS CORRECT THE WORD NE TO BE - PAGE THREE ADD THE WORD APPEARANCE TO THE SENTENCE REFERRING TO MEL FISHER - A MOTION TO APPROVE THE MINUTES AS AMENDED WAS MADE BY MR. THOMPSON SECOND MRS. KILKELLY PASSED UNANIMOUSLY. APPROVAL OF MINUTES - AUGUST 81 1991 - CHANGE REGULAR MEETING TO THE WORD SPECIAL MEETING - MRS. HILTON FEELS THAT THE MINUTES SHOULD REFLECT THAT CAROLYN CORUM'S LETTER WAS READ INTO THE RECORD. CHANGE THE WORD FALT TO FLAT ON PAGE TWO FOURTH PARAGRAPH - SOME OTHER MISC SPELLING CORRECTIONS WERE CORRECTED THRU SPELL CHECK PROCEDURES - A MOTION TO APPROVE THE MINUTES AS AMENDED BY MR. FULLERTON SECOND MR. THOMPSON PASSED UNANIMOUSLY. APPROVAL OF MINUTES - AUGUST 15, 1991 - A MOTION TO APPROVE AS SUBMITTED BY MR. THOMPSON SECOND MRS. KILKELLY PASSED UNANIMOUSLY. ---------------------------------------------------------- HOME OCCUPATIONAL LICENSE - KATHY MILLER 421 PINE STREET SEBASTIAN,- MILLER DAY CARE CENTER MR. FULLERTON STATES THERE WERE 2 OBJECTIONS AND ONE IN FAVOR �0 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 5, 1991 PAGE TWO MR. THOMPSON FEELS THIS TYPE OF OCCUPATION DOES NOT FIT IN WITH THE HOME OCCUPATIONAL LICENSE CONDITIONAL USE REQUIREMENTS AND QUOTES SEVERAL OF THE RULES UNDER SAME FROM THE LDC FOR THE COMMISSION TO LOOK AT. PUBLIC HEARING OPENED AT 7:35 P.M. - NO COMMENTS - CLOSED AT 7:35 P.M. MR. WADSWORTH STATES THAT THE COMMISSION HAS APPROVED OTHER HOME DAY CARE CENTERS AND THERE IS NO PROBLEM. A MOTION TO APPROVE THE LICENSE FOR MILLER DAY CARE CENTER WAS MADE BY MRS. KILKELLY SECOND MR. MAHONEY PASSED 6-1 WITH MR. THOMPSON VOTING NO BECAUSE HE FEELS IT DOES NOT MEET THE REQUIREMENTS. ------------------------------------------------------------ HOME OCCUPATIONAL LICENSE - DELORES MCCARTHY - TECHNICAL GRAPHICS INC -222 FIG STREET, SEBASTIAN9 FLORIDA - MRS. MCCARTHY STATES WILL ONLY HAVE AN OFFICE IN HER HOME THE PRINTING IS DONE AT THEIR WAREHOUSE LOCATION. MR. THOMPSON FEELS THE WORD WAREHOUSE SHOULD BE REMOVED FROM THE APPLICATION. MRS. O'CONNOR STATES THEY HAD RECEIVED ONE LETTER OF OBJECTION FROM A NEIGHBOR. PUBLIC HEARING OPENED AT 7:45 P.M. CLOSED AT 7:45 P.M. NO COMMENTS. A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR DELORES MCCARTHY WAS MADE BY MR. FULLERTON SECOND MRS. O'CONNOR PASSED UNANIMOUSLY. ------------------------------------------------------------- MODEL HOME PERMIT - INDIAN RIVER HOMES - JIM MARTIN PRESIDENT 1855 BARBER STREET THERE IS SOME DISCUSSION AS TO WHETHER THIS IS A MODULAR HOME AND WHO APPROVES IT DCA OR HUD AND MR. MARTIN STATES IT IS APPROVED BY DCA AND THEREFORE IS ALLOWED ANYWHERE IN THE CITY OF SEBASTIAN BECAUSE IT IS BUILT TO THE SOUTHERN BUILDING CODES THE SAME AS A HOUSE BUILT FROM THE GROUND UP. PUBLIC HEARING OPENED AT 7:55 P.M. CLOSED AT 7:55 P.M. NO COMMENT A MOTION TO APPROVE THE MODEL HOME PERMIT FOR INDIAN RIVER HOMES WAS MADE BY MRS. KILKELLY SECOND MR. MAHONEY PASSED UNANIMOUSLY. ----------------------------------------------------------- FRANK OBERBECK SPEAKS ON THESE TYPES OF HOMES AND WHY THE CITY MUST ALLOW THEM TO BE BUILT. faftl� /001N PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 5, 1991 PAGE THREE SITE PLAN APPLICATION JERRY'S SUB AND PUB - RANDY MOSSY AND FRANK OBERBECK ARE PRESENT FOR QUESTIONS. RANDY STATES THE LIFT STATION HAS BEEN APPROVED, THE ST JOHN'S PERMIT WAS APPROVED CURRENTLY WORKING WITH DER ON THE PUBLIC WATER SYSTEM AND INDIAN RIVER COUNTY ON THE ROW PERMIT RANDY STATES THAT THE ITEM ON THE TRC LETTER PERTAINING TO RETENTION WILL BE WORKED OUT WITH THE ENGINEER STATES THAT MR. ECKIS WANTS THEM TO DESIGN FOR 100 YEAR STORM AND IT IS NOT REQUIRED BY CODE THEY HAVE DESIGNED TO RETAIN 100% ON SITE FOR A 25 YEAR STORM AS REQUIRED BY CODE. HE STATES THAT HE HAS DELIVERED THE HRS LETTER TO THE FILE TONIGHT. A MOTION TO APPROVE THE SITE PLAN FOR JERRY'S PUB AND SUB AT 171 FELLSMERE ROAD WITH THE FOLLOWING CONDITIONS WAS MADE BY MR. THOMPSON - 1) HRS LETTER TO BE PROVIDED, 2) PRIOR TO BLDG PERMIT CITY ENGINEER TO BE SATISFIED REGARDING RETENTION, 3) TRC TO BE CORRECTED ADMINISTRATIVELY REGARDING THE UNITY OF TITLE. SECOND BY MRS. KILKELLY PASSED UNANIMOUSLY. RECESS CALLED AT 8:25 P.M. BACK AT 8:35 P.M. ALL PRESENT. DISCUSSION AND ACTION OF 0-91-13 AND 0-91-14 MR. THOMPSON MADE A MOTION THAT NO ACTION BE TAKEN ON 0-91-13 BECAUSE IT IS A CODE OF ORDINANCE CHANGE AND DOES NOT PERTAIN TO THEM SECOND MR. SHROYER - UNDER DISCUSSION MRS. KILKELLY AND MR. MAHONEY FEEL YOU CANNOT APPROVE ONE WITHOUT THE OTHER MOTION PASSED 5-2 WITH MRS. KILKELLY AND MR. WADSWORTH VOTING NO - MR. MAHONEY VOTED YES TO BE IN ACCORD WITH THE OTHER MEMBERS. 0-91-14 MR. SHROYER FEELS IT SHOULD BE BANNED COMPLETELY NOT SET UP ORDINANCES REGULATING THIS TYPE OF ACTIVITY. AFTER SOME MINOR DISCUSSION A MOTION TO ACCEPT 0-91-14 FOR A FIRST READING AND SECRETARY TO SET PUBLIC HEARING DATE AND ADVERTISE ACCORDINGLY WAS MADE BY MR. THOMPSON SECOND MR. FULLERTON PASSED UNANIMOUSLY. PARKING STALL WIDTH DISCUSSION AS REQUESTED BY MR. THOMPSON. MR. THOMPSON MAKES A MOTION TO ASK STAFF TO PREP A DRAFT ORDINANCE CHANGE TO REDUCE THE WIDTH FROM 10 TO NINE FEET BECAUSE OF THE CITY COUNCIL IS DOING IT FOR ONE HE FEELS THE CODE SHOULD BE CHANGED FOR ALL. SECOND MR. MAHONEY FOR DISCUSSION. 60 ,,:N PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 59 1991 PAGE FOUR MR. FULLERTON STATES HE FEELS IT MIGHT BE APPROPRIATE ON INDIAN RIVER DRIVE BUT NOT ALL OVER THE CITY. MR. WADSWORTH FEELS IT WOULD BE A STEP BACKWARDS TO CHANGE THE CODE TO NINE MR. MAHONEY FEELS IT IS NOT SOMETHING THAT SHOULD BE APPROVED JUST BECAUSE THE PEOPLE SPEND MONEY IN THIS CITY. MRS. O'CONNOR IS NOT IN FAVOR OF THE REDUCTION AT ALL. MRS. KILKELLY FEELS IT SHOULD NOT BE CHANGED AND SHOULD BE ADDRESSED ON A CASE BY CASE BASIS - STATES THAT P & z ARE THE PLANNERS AND THERE RECOMMENDATIONS SHOULD CARRY MORE WEIGHT THEN THEY DO AND THAT THEY SHOULD NOT COMPROMISE THEIR INTEGRITY BY CHANGING THE CODE. MOTION FAILS 6-1 WITH MR. THOMPSON VOTING NO. CHAIRMANS MATTERS: MR. WADSWORTH ANNOUNCES WILL NOT BE IN THE COUNTRY FOR THE MONTH OF OCTOBER SO HE WILL MISS BOTH MEETINGS. MR. FULLERTON STATES HE WILL BE ABSENT FOR THE FIRST MEETING IN OCTOBER AS WELL. MR. THOMPSON WILL BE GONE FOR BOTH MEETINGS IN OCTOBER. MEMBERS MATTERS: MR. MAHONEY QUESTIONS WHETHER DELETIONS OF THE AGENDA ITEMS REQUIRE UNANIMOUS APPROVAL THE SECRETARY ADVISES ONLY ADDITIONS. MRS. KILKELLY ASKS THE CITY PLANNER IF MR. JONES REFERENCES REGARDING THE PARKING ISSUE HAVE BEEN RECEIVED AND CATHERINE HILTON STATES NO BUT SHE WILL GET THEM RIGHT AWAY. ALSO MRS. KILKELLY STATES WE SHOULD OBTAIN THE REFERENCES FROM THE ZONING NEWS PERTAINING TO OVERLAY ZONING. STATES MAY BE ABLE TO USE IT FOR THE RIVERFRONT DISTRICT. STATES AT THE SPECIAL MEETING FOR THE GRANT INFORMATION IT WAS DECIDED THAT THE COMMISSION SHOULD TRY TO DO SOMETHING TO LOCATE PARKING AREAS ON US #1 AND CLOSE TO THE FEC RAILROAD - MR. WADSWORTH TO SUPPLY THE LIST TO THE COMMISSION STATES IT IS COMPLETE EXCEPT FOR FOUR NAMES. MR. SHROYER ASKS THE STATUS OF THE COUNCIL ACTION REGARDING THE CHAIRMAN AND VICE CHAIRMAN TERMS OF OFFICE AND SECRETARY ADVISES THE ATTORNEY IS PREPARING THE NECESSARY PAPERWORK WITH NO TIME CERTAIN FOR RETURN. MR. THOMPSON ASKS REGARDING THE DOCK GOING IN AT THE END OF MAIN STREET AND WHY IT DID NOT COME BEFORE PLANNING AND ZONING. MR. MAHONEY STATES ONLY COMMERCIAL FACILITIES COME BEFORE THE BOARD. MR. FULLERTON FEELS THAT THE H.O.L. SECTION SHOULD BE REVISED WITH SEVERAL OF THE OCCUPATIONS DELETED. MR. SHROYER FEELS THAT BRUCE COOPER SHOULD GET THE CODE ENFORCEMENT OFFICER OUT AT 6:30 A.M. TO CATCH THE VIOLATORS OF HOME OCCUPATIONAL LICENSES AND NOT HAVE HIM WORK 8:00 TO 4:30 WHEN THESE GUYS ARE ALREADY GONE FROM THEIR LOCATIONS STATES WOULD SEE DELIVERIES9 EMPLOYEES AND OTHER THINGS GOING PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 5, 1991 PAGE FIVE ON THAT HE CANNOT POSSIBLY SEE WORMING THE HOURS HE WORDS MR. MAHONEY FEELS HE SHOULD BE WORDING FROM WEDNESDAY THRU SUNDAY AND IT MIGHT HELP. MR. SHROYER STATES THEY SHOULD BE CONCENTRATING ON THE IMPORTANT ISSUES INSTEAD OF VIOLATING A - FRAME SIGNS, ETC. STATES WHY WAS PRIMA PIZZA ALLOWED TO HAVE BANNERS AND HE WAS VIOLATED FOR TWO A -FRAME SIGNS WHEN HE FIRST OPENED. - SECRETARY ADVISES THAT THE BANNERS WERE APPROVED THRU BRUCE COOPERS OFFICE AND THE OWNER HAD THE NECESSARY PERMITS. HE STATES THAT IF THE PEOPLE IN THIS CITY WOULD GET MOVING SUCH AS THE CITY MANAGER AND BRUCE COOPER THINGS WOULD GET DONE BETTER AND FASTER. MR. THOMPSON STATES THAT WE NEED TO BE WORKING ON ACQUIRING THE PROPERTY ON THE EAST SIDE OF INDIAN RIVER DRIVE NOT ON US #1 OR WE WILL NOT HAVE A RIVERFRONT DISTRICT. STATES KNOWS ONE OWNER WHO IS WILLING TO GIVE THE PROPERTY TO THE CITY AND WHY HASN'T THE CITY DONE SOMETHING ABOUT IT. MEETING ADJOURNED AT 9:35 P.M.