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HomeMy WebLinkAbout10151987 PZPLANNING AND ZONING COMMISSION REGULAR MEETING OCTOBER 15, 1987 MEETING CALLED TO ORDER BY VICE CHAIRMAN WADSWORTH AT 7 P.M. PRESENT; MRS TAYLOR, ]IR. WADSWORTH, ME. MAHONEY, MR. FULLERTON, MRS. POOLS, MRS, KILKELLY ABSENT; CHAIRMAN KRULIKOWSKI ALSO PRESENT; BRUCE COOPER, BUILDING OFFICIAL LINDA KINCHENSECRETARY APPROVAL OF MINUTES; OCTOBER 1, 1987 MRS. TAYLOR MADE A MOTION TO APPROVE THE MINUTES AS SUBMITTED SECOND BY MRS. KiLKELLEY - PASSED UNANIMOUSLY. OLD BUSINESS; MINOR MODIFiCATiON INLET MARINA SINCE RANDY MOSBY WAS NOT YET PRESENT A MOTION TO MOVE THIS ITEM DOWN ON THE AGENDA WAS MADE BY FR. FULLERTON SECONDED MR. MAHONEY PASSED UNANIMOUSLY. HOME OCCUPATIONAL LICENSES ; NONE SITE PLAN REVIEW DR. GUTIERREZ MOTION TO POSTPONE TILL 7:30 AS APPLICANT WAS TOLD THEY DIDN'T NEED TO APPEAR UNTIL THEN DUE TO BUSINESS AHEAD OF THEM, BY FULLERTON AND SECONDED BY NAHONEY PASSED UNANIMOUSLY. FEES AND COSTS; SPECIAL USE PERMIT; MINOR DISCUSSION GOES ON AND THEN BiLL MESSERSMITH ARRIVES.AT 7:15 P.M. AND ADVISES THE COMMISSION THAT RANDY HAS THE FLU AND WILL NOT BE ATTENDING THE MEETING BUT THAT HE HAS SENT HIS CON~NTS WITH MR. MESSERSMITH. PLANNING AND ZONING CO1OtlSSION REGULAR i~ETING MINUTES OCTOBER 19, 1987 PAGE TWO · MOTION BY 1~. NAHONEY SECONDED BY MR. FULLERTON TO RETURN TO THE ORIGINAL AGENDA ORDER AT THIS TIME. PASSED UNANIMOUSLY INLET MARINA MINOR MODIFICATION; MR. FULLERTON BRINGS UP THE SAMR POINTS REGARDING PARKING AS WAS DISCUSSED AT THE LAST MRETING. BRUCE COOPER SPEAKS AND EXPLAINS THE SITUATION AND THAT HE FELT 1~, COLLINS HAD COMPLIED WITH ALL THE REQUESTS iN HIS LETTER. BILL MRSSERSMITH READS RANDY'S COM]~D~NTS INTO THE RECORD AT THIS POINT. TODAYS COMMENTS PER MR. COLLINS ARE NEW TO HIX AND HE FEELS THEY CAN BE DEALT WITH. MORE DISCUSSION REGARDING THE PARKING SITUATION. MR. WADSWORTH DECLARES A CONFLICT OF INTEREST AND THEN SPEAK~ REGARDING THE ADVICE OF THE ENGINEER AND THE CITY ATTORNEY. BRUCE GIVES HIS OPINION AS BUILDING OFFICIAL AND CODE ENFORCEKENT OFFICER. MR. FULLERTON EXCUSES HIlq~ELF FROM THE HEETING AT 7:50 )fR. FULLERTON RETURNS TO THE TABLE AT 8 P.M. ]iRS. KILKELLEYHADE A MOTION TO APPROVE THE PROPOSED SITE PLAN WITH CONTINGENCY THAT THE NORTH GATE BE LEFT OPEN FOR EASY ACCESS TO PARKING, THAT RANDY MOSBY DETERMINE IF THE RETENTION AREA SHOULD STAY THE SAHE OR BE EXPANDED AND THAT IN EITHER CASE IT )fEET CODE REQUIREMENTS, THAT THE STRIPING AS PER SITE PLAN BE INSTALLED, THAT SIGNS INDICATING CAPTAIN KIDD PARKING LOCATED ACROSS THE STREET BE INSTALLED, THAT THE APPLICANT HAS TWO WEEKS TO COMPLY WITH THESE CONTINGENCIES AND AFTER THAT TIME BRUCE COOPER AND RANDY MOSBY WILL INSPECT THE PROPERTY TO SEE THAT THEY HAVE COMPLIED AND ADVISE THE BOARD OF THEIR FINDINGS. MOTION DIES FOR LACK OF A SECOND MR. FULLERTON MADE A MOTION THAT DECISION ON THE SITE PLAN BE POSTPONED UNTIL WE HAVE A MEETING OF STAFF WITH RANDY MOSBY, TOM COLLINS AND TOM PALMER, SECONDED BY MRS. TAYLOR AFTER DISCUSSION THE MOTION WAS WITHDRAWN DISCUSSION 'TURNS TO HOLDING A SPECIAL MEETING TO RESOLVE THIS PROBLEM PLANNING AND ZONING COI~I~qSION REGULAR KEETING MINUTES OCTOBER 15, 1~87 PAGE THREE BILL NESSERMMITH ADDRESSES THE BOARD REGARDING SiTE PLAN ...... HRS. KILKELLEY MAKES HER PREVIOUS NOT.ION AGAIN SECONDED BY HR. MAHONEY FOR DI_SCU~SION MR,.FULLERTON ASKS IF HEALTH DEPARTHENT APPROVAL COULD BE ADDED AS A CONTINGENCY MORE DISCUSSION REGARDING THIS MATTER REQUEST FOR A FIVE MINUTE RECESS AT 8:45 P.M. NO OBJECTIONS CALLED BACK TO ORDER AT 8:50 P.M. ALL MEMBERS STILL PRESENT MOTION AMENDED AT THIS POINT TO INCLUDE HEALTH DEPARTHRNT APPROVAL AND DUHPSTER TO BE HOVED ON SITE AND LOCATED ON THE PLAN MARTIN CARTER GENERAL MANAGER OF INLET MARINA SPEAKS REGARDING SITE PLAN PARKING HR. WADSWORTH MAKES SOME COHMENTS; RE RETENTION AREA TO NEET CODE REQUIREMENTS AND THAT IF APPROVAL IS GIVEN WE ARE GOING FROM A RAW BAR TO A FULL RESTAURANT ROLL CALL VOTE; ](RS. TAYLOR - YES , ME. MAHONEY - YES, HRS. KILKELLEY- YES, MRS. POOLE- YES, NE. FULLERTON - NO MR. WADSWORTH ABSTAINED SITE PLAN DR. GUTIERREZ BILL MESSERSMITH ADVISES THE BOARD HE IS ONLY ASKING FOR APPROVAL OF PHASE I AT THIS TIME PHASE II WILL BE SUBMITTED WHEN READY TO BUILD IN APPROXIMATELY FiVE YEARS. DISC REGARDING PARKING APPROVAL AT ONE PER ONE HUNDRED FIFTY AND WHETHER THEY COMPLY - BRUCE SUGGESTS THE CODE NEEDS TO BE REVISED IN THIS AREA ESPECIALLY WHEN RESTAURANTS ARE CONCERNED FEELS THEY SHOULD BE BASED ON SEATING AND NOT SQUARE FEET, DISCUSSION OF SIX FOOT ALLEY FENCE RUNNING THE LENGTH OF THE PROPERTY BRUCE COOPER FEELS IT SHOULD THE BOARD iNDICATES IT HA~ NEVER BEEN ASKED FOR IN THE PAST. IT ISDETERMINED THAT TWO HANDICAPPED SPACES ARE REQUIRED WITH A 44 INCH WIDE SIDEWALK ON EACH SIDE OF THE MAIN WALKWAY FROM THE PARKING SPACES FOR ACCESS PLANNING AND ZONING COMMISSION REGULAR ~[EETING MINUTES OCTOBER 15, lg87 PAGE FOUR XOTION TO APPROVE THE SITE PLAN WITH CONTINGENCIES THAT THE ADDITIONAL HANDICAPPED SPACE BE INSTALLED AS WELL AS TWO 44 INCH WALKWAYS FROM EACH SPACE TO THE.MAIN WALKWAY BY HR, FULLERTON SECONDED BY lql~S,.KILKELLEY PASSED UNANIMOUSLY VICE-CHAIRMAN WADSWORTH WELCOMES HR. METCALF AND HR. THOMPSON TO THE HEETING FEES AND COSTS; TALK RESUMES BACK TO PAGE ONE REGARDING SPECIAL USE PERMIT AND IT IS DECIDED THAT $150.00 SHOULD BE RECOHi~ENDED HR. HAHONEY MAKES A MOTION TO RECOMHEND $150.00 TO CITY COUNCIL FOR SPECIAL USE PERMIT FEE SECONDED BY HR. FULLE~TON PASSED UNANIMOUSLY. MOTION BY HR. FULLERTON THAT THE COST FOR PUD BE $200 PER PLAN PLUS $10.00 PER ACRE SECONDED BY HRS. POOLE PLANS MEETING CONCEPTUAL, PRELIMINARY AND FINAL. MOTION TO EXTEND THE TIME BY NI~. FULLERTON FOR TEN MINUTES MOTION DIES FOR LACK OF SECOND MEETING ADJOURNED 10:05 P.M. -i CITY PUBLIC oFFiC ER$  . ~' ('OUNTY ! ~ OrHE# I~K'At ~ENCY ~' I i 1. ELECTIVE COUNTY · WHO MUtT FIlE FOWJ Ii This form is tot'use by any person serving at the county, ~:ky,'or other local lev~! of governmem on an appointed or elected board, council, corn .mi.'ssion, authority, or committee, h applies eqnally Io members of advisory and non.advisory bodies who are presented with a voting ~:onflict of inlerest 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 in making the disclosure required by law. Your responsibilities under the law when faced with a meastee 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 COMPLIANC~ WITH SECTION tl2.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local publ~ office MUST ABSTAIN from voting on a measure which inures to his special ~rivate gain. Each local officer also is prohs~iied 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 slating 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.bymmpleting and filing this form with the person responsible, for recording the minutes of the meeting, who should incorporate d~e form in the 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 ~etained. A person holding an appointive local office otherwise may imnicipate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any atten~ to influence the decision by oral or written communication, whether made by the 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: '~'~ should complete and file tiffs form (before making any atlemp~ to in,"; ncc the decision) with the person responsible for r~cording the minules of the meeting, who will incorpome Ihe form in th:- minules, · A ~op)' o1' the form should be provided immediately to ihe other membt~ etr the a~enc~. · Th~ f~rm should be read publicly m the meeting prior Io considerafic~r r~' ~.~ matter in which ~ou have a conflict of interest. yOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: 1'GU should disclose orally the nature of your conflict in the measure before participating. l'ou should complete the form an::, file it within 15 days after thc vote occurs with the person responsible for recording the miniltes of the meeting, who should incorporate the form in the minutes. ! DISCLOSURE ~ LOOAL OFFIC)ER'S INTEREST , hereby disclose that on A measure came or will come Before my agency which' (check one) inured)o my special private gain; or inured to the special gain of ' The measure before my agency and the nature of my interest in Ihe measure is as follows: , 19 ._: , by whom I am retained. ~....~_.,'."~ER OF FLORIDA ~rATUTES §11231? (1985), A F^ ;t~RE TO MAKE AN ~';: .... CONSTi ' '- Y REQUIRED .; ..~,_,: ~'~C~ tqm:: ~T, R,~:I-T-U-TES GROUNDS FOR ANDMAY BE PUNISHED I)Y O~,r OR MORE OFTHE FOLLOWING' ~- -"~'. I~i ~kl.~ c~UVAL OR SUSPENSION FROM OFFICE OR EMPI.OYM~-'NT. DEMOTION RED ..... ~;" ' ·IAND. OR ~ , UCTiON IN A CIVIL PENALTY NOT TO EXCEED L. Gene .Harris Mayor Cih., of Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958 TELEPHONE (305) 589-5330 PLANNING AND ?zONING COMMISSION REGULAIr,: MEE'T'iNG AGENDA '_':~,.~ 7 OC:'I'OSER 1 ._rs, '1 ':':'- CALl_ 'TO ORDER ROLL CALL ANNOUNC:EMEN-r's APPROVE MINUTES; OLD BUSINESS; OCTOBER ] , '1'-" .... MINOR MODIFICATION .... INLET MARINA NEW BUSINESS; HOME OC(]UPATIONAL LICENSES S.'I:TE F'I...AN - DRS GUTIERRE;Z FEES AND COSTS REC':OMMENOATIONS CHA I RMANS MATTER'.~;; MEMDERS MATTERS; ATTORNEYS MATTERS; EI',IG I NEERS MATTERS; BU I LD I NG OFF' i C i At_ MATTER'.::-:;; ADJOURN NOTE:; City Engineer Director of Public Works IF ANY PERSON IDECIDES TO APPEAL ANY DECISION MADE ON 'THE ABOVE MA'T-I"ERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, Al,ID F'OR SUCH F'URPOSES HE/SI'"fE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE AF'F'EAL I.":"; MADE.