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HomeMy WebLinkAbout10161997 PZ CITY OF SEBASTIAN LOCAL PLANNING AGENCY PLANNING AND ZONING COMMISSION MINUTES OF OCTOBER 16, 1997 Chairman Fischer called the meeting to order at 5:05 P.M. TI~ Pledge of Allq~iance was said. PRESENT: V.. Chmn. Mtmsart Ms. Kilkdly(a) Mr. Mather Ms. Vosia Mr, Thomas Chnm. Fischer Mr. Pliska EXCUSED ABSENCE: Mr, Driver(a) Mr. Schulke ALSO PRESENT: Robert Massamlli, Community Development Director Tracy Hass, Planner H Ann Brack, Recording Seeremry Ms. Kilkelly will vote in Mr. Schulke's abseoce. OLD BUSINESS: None NEW B~SINESS: A. ORDINANCE REVIEW: 1. Ordinance 0-9%59 - Deletion of the Special Exception Provision Mr. Massarelli gave a brief description of the chan~ and recommemded approval of 0-9%59. MOTION by MathcrNe~ia I make a motion that we recommend Ordinance 0-97-59 to the City Council. Discussion: Roll call: Ms. Kill~lly(a) - yes Mr. Thomas Mr. Mather - yes Chmn. Fischer Mr. Pliska - yes Mr. Munsart Ms. Vesia - y~s The vote was 7 -0. Motion tarried. LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF OCTOBER 16, 1997 2. Ordinance 0-97-60 - Regulation of Stationary Mulching Machines Chnm. Fischer removed himself from the chair because of conflict, and submitted Form 8B. Vice Chmn. Munsart chaired the meeting for this issue. Mr. Massarelli gave a presentation on this issue and noted the problem that arose at Grace's Iamding with the "projectile" going through a roof. He also commented on hand-fed mulchers versus machine fed muicbers. There was discussion on the location of a mulching machine and taking into consideration other adjacent property that might be vacant, or have an industrial use or railway use. Mr. Thomas noted that the intent should be #1) public safety, #2) city responsibility in case of injury, and #3)risk management. He then mentioned some of the mechanical problems with a mulcher, and truck traffic on iusuffici~ local streets. Staff pointed out that there is no documentation showing that these machines are dangerous, and ~se of a lack of documentation, it is very difficult for staff to evaluate it. Consensus was to leave paragraph #3 as it is. Mr. Fed Mensing, 7580 129th Street, Sebastian spoke on public safety and the impact of this Ordinance on the City of Sebastian. He gave a history of his experience with mulchers and the use ofthem over at least a twenty (20) year span. He cited the problems of trucking trees and limbs and branches over local roads and streets to a facility off-site. He suggested that the risk .of a projectile being thrown from one of these machines is minimal and they can be placxd in such a way that a safe direction can be predicted for the path of a possible projectile. He cited the travel time to a landfill, the cost, and the possible hazardous road problems involved with off-site mulching. Mr. Meming agreed with setbacks to property lines, but c, onunent~ that he f~lt that the Grace's Landing event was a very rare occurrence and created a sudden hysteria type reaction. He also suggested that the accumulated amount of vegetation debris to be hauled off of a site be regulated. But be strongly urged that mulching be'allowed on large developlmatt sites. Mr. Fischer suggested leaving thc mulching process as a special use permit, and address all of the main concerns and conditions as the Permit is applied for. Ms. Kilkeily asked what the minimum property size should be for a large mulching.~ to be used, and Mr. Mensing respona max ~ should be given consideration on anything over ten (10) acres. He also noted that if, because of this Ordinance, there is no mulching facility in the North County, the travel time is extensive and five (5) acres would be iffy. Ms. KilkeHy noted the proposed Collier Creek development which will gener~ a ~us amount of veggtation to be mulched. LOCAL PLANNING AGENCY, PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF OCTOBER 16, 1997 Mr. Pliska spoke of his 20~ years of experience working around very large mulcbers and chippers and he was not aware of any accidents occurring. He commented that he felt there were more accidents to the people Operating this machinery than anything else. He felt that being over- restrictive would place a much hi~er price on developments. Staff noted that there are presently two (2) mulching op~afions in the City, and this Ordinance more or less covers these particular operations. Mr. Massarelli suggested that another sub- category could be created, if it is the desire of this Commission, for the~ projects that will generate tremendous amounts of vegetative material. Mr. Mather commented that in the Grace's Landing event, it was never shown that the machinery was at fault. He felt this infornmtion should be recognized. He also noted tl~:public safety is important, and suggested that the angle that the machine is setup at should be calculated for safety. Mr. Thomas suggested providing shields around these machines to prevent ~ from being thrown any distance. He noted that his concern is public safety, and possible safety issues around the airport. He also noted that some details on this issue are still unknown, and he ~ to have more information. Mr. M ~ensing gave information on the service technique used on these machines, noting issues about the "hammers" which are part of the machine.'s process. He also suggested that tho lack of documented statistics for projectile accidents indicates that there is no major problem, boeause the manufacturers would be responsible for building un-safe machines. Mr. Massarelli asked the Commission members if they want a provision in the Ordimmce for the clearing of large lots, with a special use for sites over ten (10) acres, operating ~r an approved development plan with the same setbacks and conditions. : A consensus of the Commission mm~bers was five (5) members in favor; one member, would not be in favor unless a barrier of some type could be iustalled, or I~f of ~ is provided. Commission members agreed that a full draf~ should be drawn up, brou0ht back to this Commission, and then be-sent to City Council. In response to a question from Ms. Kilkelly, Mr. Massarelli noted that be will check with the City A~rn~ to see if the Prese~ facilities will be grand fathered in. Mr. Mensing provided the name of a mulcher dealer as being "MORBARK" and located ~in Ocala, Florida. This information is provided in the attempt to obtain accident statistics and design 3. Riverfront Performance Overlay Districts Chairman Fischer returned to chair the ~. LOCAL PLANNING AGENCY, PLANNiNG AND ZONING COMMISSION MiNUTES OF MEETING OF OCTOBER 16, 1997 Mr. Massarelli then suggested that this issue be postponed till the next meetiag so that we can get inW the Land Development Code. He noted that this "Overlay Districts" places standards that are in addition to thc basic LDC regulations in the Riverfront District. B. LAND DEVELOPMENT CODE REVISIONS A~ele V There was discussion on the percentage of impervious surface in RS-10 and RM-8. Mr. Les Solin of Solin and Associates explained the rationale on this issue. Open space and green area were also discussed. It was determined to make the following changes: Page V-4 Page V-5 Page V-6 Minimum Open Space: 50% (RS-10) Minimum Opm Space: 50% Maximum hupervious Surface: 55% ~um Green Area: 45% (RM-8) Keep Lot Coverage and Opeo Space. percemages as proposed. There was consensus to e 'ltminate RS-15. Mobile Home District (R-MH) was discussed. Ms. Kilkelly noted the omission of Home Occupational Licenses in several Districts. Mr, Solin responded that they are covered in the Accessory Uses section and are not listed separately. This issue was discussed and it was d~ermined to allow Home Occupational Liceoses as a conditional use in the Mobile Home District (R-MH), and in Multi-family Districts. Chairman Fischer adjourned the meeting at 6:34 P.M. (10/22/97 AB) City of Sebastian 1225 MAIN STREET ri SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561)589-2566 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF LPA MEETING AP~D AT I~TING I~ELD ANN BR~OC RECORDtNO SE~ARY CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER 16, 1997 Chairman Fischer called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL. CALL: PRESENT: Mr. Munsart Mr. Driver(a) Ms. Kiikelly(a) Mr. Thomas Mr. Mathe~ Chron, Fischer Mr. Pliska Ms. Vesia EXCUSED ABSENCE: Mr. Schulke ALSO PRESENT: Robert Massarelli, Community Developrae~t Director Jan King, Zo-iug Technician Tracy I-Iass, Planner H Ann Brack, Recording Secrotary ~NNOUNCEMENT$; Chnm. Fischer announced that Mr. Schulke has an excused absence and Shirley Kilkelly will be voting in his place. APPROVAL OF MINI~,TE$: (LPA -9/18 and 10/2/97, and P$cZ - 10/2/97) MOTION by Munsartf~omas I move we accept the minutes of October 2, 1997 of the LPA. A voice vote was taken. 7 - 0 motion carried. MOTION by Thomas/Mansart I move to approve the minutes of September lg, 1997 LPA meeting. A voice vote was taken. 7 - 0 motion carried. MOTION by MatherNesia I make a motion we accept the minutes of the regular Planning/md ZoningCommission minutes of the regular meeting of October 2. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 16, 1997 QLO I~I~S~~ A. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 107 LANDOVER DRIVE - GINA D'ORIA - ADULT CAREGIVER Ms. D'Oria, 107 Landover Drive, was present. Mr. Massarelli referred to the copy of his memo on his discussion with the City Attorney, Ms. Valerie Series, and referred to comments in that memo (attached). Chmn. Fischer open~ the public bearing at 7:10 P.M. ... Donna Podlaski, 111 Landover Drive, disagreed with all comments given by staff. Joe Podlaski, 111 Landover Drive spoke against approval of this application and indicated they felt that this action might prevent them from selling their home, which is on the market now. Mr. Munsart advised them that if that should happen, they should conta~t the State Legis~ in Tallahassee. Mr. Pliska noted that this Commission has no right to make judgment on the ability of the applicant, nor the amount of incom~ she should derive from this activity. He commented that this Commission's responsibility is to follow the Code ami the Florida Statutes. Chnm. Fischer noted that ff violations of the cod~ occur at the applicant's address, it should be repotted to Code Enforcement. He also noted that ff someone wants the Land Dewlopment Code changed, they would have to go hefore City Council. Mr. Massarelli also indicated that Mr. & Mrs. Podiaski can appeal the P & Z Commission's decision to City Council. Chnm. Fischer closed the public hearing at 7:17 P.M. Mr. Thomas cnmmen¢~ that he disagrees with the State Statute and feels in this instance, it.should be challenged. He didn't feel that one perso~ could care for three (3) aged, infirm l~ople'for seven (7) days a week. He noted that ho feels that the State Statute is being misinterprete~l. Mr. Mather ~ that his 84-year old uncle lives in an assisted living facility, and he is quite capable of taking care of himself, but has help with laundry, etc. He suggested that tleOdin~ help did not necessarily moan they need hospital cam. He acknowledged that there are extremes, but at this point, that is not predictable. MOTION by MatherfPliska I make a motion that we approve Mrs. Gina D'Oria Home Occupational application at 107 Landover Drive. PLANNING AND ZONING COMMISSION MINUTES OF REOULAR MEETING OF OCTOBER 16, 1997 Roll call: Ms. Vesia - yes Mr. Munsart Mr. Thomas - no Ms. Kilk~lly(a) Chmn. Fischer -yes Mr. Mather Mr. Pliska - yes The vote was 6 - 1. Motion carried. NEW BUStNE$$~ B. ACCESSORY STRUCTUR~ - SECTION 1. 452 Mango Avenue - David & PamMa Humphrey - yes - yes - yes Mr. David A. Humphrey, 452 Mango Avenue, was present and noted that the structure being installed is for storage. Mr. King gave staff presentation. ~ MOTION by VesiaJMather I make a motion that we approve the accessory structure for David and Pamela Humphrey at 452 Mango Avenue, Sebastian. A voice vote was talam. 7 - 0 motion carried. C. PUBLIC HEARING - MOl)EL HOME PERMIT - 497 TULIP I)RIVE - BURGOON- BERGER CONSTRUCTION CORP. Mr. Fred Karas, 1367 Scroll St., Sebastian was present representing the applicant. There wore seventee~ (17) notices of hearing seat out and there were no obje~ion or non-obj~6on letters received. Ms. King gave staff presentation ~ ret, ommend~ approval. She not~ tl~ fi'tiffs 'permit is approved tonight, the pemfit would not he reigned until the house has ree, eived the Cmificate of Occupancy and a final inspection has been done on the proposed parking for the model. Chnm. Fischer opened and closed the public hearing at 7:26 P.M. and there was no public input. MOTION by Thomm/Munsart I move that w~ approve the model bong permit for Burgoon,B~rger Constru~ Corp., at 497 Tulip Drive, that is cominl~t upon all of the additional considerations as submitted by the Building Deparmm~t. A voice vote was taken. 7 - 0 motion carried. PLANNING AND ZONING COMMISSION MINLrrEs OF REGULAR MEETING OF OCTOBER 16, 1997 C. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 381 MAIN STREET - LINNEA COBLENTZ - LINEN SALES/DiSTRiBUTOR Ms. Linnea Coblentz, 381 Main Street was present There were seventeen (17) notices of hearing scut out and there were no objection or non-objection letters received. 'x Ms. Coblentz commented that this will be strictly telcphoue sales. Ms. King gave staff presentation and recommended approval. Chron. Fischer opened and closed the public hearing at 7:30 P.M., and there wasno public input. MOTION by Vesia/Mather I make a motion that we approve a Home Occupational Liceme for Linnea Coblentz, dba Linuea's Lirums Incorporated, 381 Main Street, Sebastian. A voice vote was taken. 7 - 0 motion carried. E. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 861 FOSTER AVENUE - M/M FOXWELL - VENDING MACHINES Mrs. Maureen Foxwell, g61 Foster Avenue was pres~. There were twenty-one (21) notices of hearing sent out and there were no objection or non- objection let~rs received. Ms. King gave staff presentation and rer, zmunemted approval. Chnm. Fischer opened mad closed the public hearing at 7:34 P.M., and there was no public input. MOTION by Mun~art/Thomas I move we approve the conditional use permit for Home Occupation License for Foxwell Vending at 861 Foster Avenue. A voice vote was taken. 7 - 0 motion carried. F. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 674 ,IORDAN AVENUE - MARILYN HALE - HEALTHCARE DISTRIBUTORSHIP Ms. Marilyn Hale, 674 Jordan Avenue was present. There were nineteen (19) notices of hearing sent out and there were no objection or non-objection PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETINO OF OCTOBER 16, 1997 letters received. Ms. Hale gave a brief presentation of her buaine~. Ms. King gave staff presentation and r~:ommended approval. Chron. Fischer opened and closed the public heating at 7:37 P.M., and there was no public input. Mr. Thomas asked if the products would be sealed, with no chance of a health problem, and Ms. Hale responded that they are sealed. MOTiON by Pliska/Munsart I make a motion that we approve the Homo Occupational Licev, se for Healey Hah/ts at 674 Jordan Avenue, Lot 4, Block 43, Sebastian Highlands, Unit 2. A voice vote was taken. 7 - 0 motion carded. G. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - ~0 WIMi~ROW DRIVE - M/M OLEYSYCK -MAIL ORDER Ms. Elizabeth Oleysyck, 580 Whnbrow Drive was present. There were twenty (20) notices of hearing sent out and there were no object/on or non-objection l~c'rs rer~ived. Ms. Oleysyck commented that her bus/ness will be mostly telephone and ordering from a catalog. Ms. King gave staff presentation and recommended approval. Chron. Fischer opened and closed the public hearing at 7:42 P.M., and there was no public input. MOTION by Vesia/Mather i make a motion that we approve the'Home Oc~cupat/onal License for Elizabeth Ok-ysyck, 580 Wimbrow Drive, Sebastian. A voice vote was taken. 7 - 0 motion carried. (A break was taken at 7:40 P.M., and the meeting resumed at 7:50 P.M.) H. SITE PLAN REVIEW - CATALANO USED CAR SALES - 1301 U~S. HWY #1 - ORLANDO CATALANO Randy Mosby of Mosby and Associates was present representing the applicant. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 16, 1997 Mr. Mosby gave a presentation and descfihed proposed improvements to the site to accommodate the car sales. Mr. Hass gave staff presentation from the staff report, He noted that Mr. Mosby addressed all comments in the staff report. Mr. Massarelli conunented on the parking issue on this site. He referred to Code which stipulates that there shall be two (2) parking spaces per three hundred square feet (300 sq. i~.), and it will be calculated on the office space only, and not the entire building. The office space will amount to approximately 247 square feet that is walled off inside the building and will be used .as the office. He noted that the remainder of the building would be used for sWrage, or maybe later on, to show cars. He also noted that if Mr. Catalano starts using the storage area and changes the use, he will have to bring a new site plan and thc parking issues will be covered again. Another part of code says that there must be one parking space per employee. The applicant and his son are the owners and there will be one regular parking space, and one handicapped space. Chnm. Fischer inquired about the two parking spaces and Mr. Catalano rcslmnded.that he drives one of the sales lot cars, so he will be placing his car there. And he .also noted that ff~he ~ one customer a day, he will be delighted - that's a lot of customers. Mr. Massarelli noted that the handicapped parking space will be paved, according to the ADA requirements. He also added that because of the lime activity on the parking lot, the applicant proposes not to pave this area. On the issue of landscaping, the applicant has sub~ a plan to landscape the eaxtire area, around the entire perimeter, and in the fight-of-way along North Central Avenue. Staff indicated that because of the limited amount of traffic on this street, they have no problem with this proposal on this eighty-foot (80') right-of-way, and it will enhance ~he area. Mr, Massarelli noted that if the Riverfront Ordinance was in effect, this would not be allowed - no vehicle sales in that area, He noted that architecturally, the building will be cleaned up, shutters will he installed, thc poles will be removed, landscaping will be done, and the sign will have a nautical look, indicating features similar to what we are trying to achieve in the Riverfront area. In response to a question from Mr. Thomas, Mr. Catalano noted that he will have about ten (10) or twelve (12) cars on the lot. He mentioned the possibility of a boat on the sales lot, and Mr. Massarelli reminded him that boats will not be allowed. Mr. Pliska asked about the environmental issue of oil dripping onto the soil, and staff responded that it would not be any different than if that Same oil washed off of a parking lot, and there, is no system in place in the. City to cover that issue. The issue of lighting on this site was discussed, and Mr. Catalano noted that his plan is to have some polelights installed. Ms. Kilkelly compl~ the lands~. 6 PLANNII~G AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 16, 1997 MOTION by Mathcr/Munsart I make a motion that we approve the site plan, approval for the used car lot, from the former Video Doc property, address 1301 U.S. 1, Sebastian, Florida, Catalano Auto Sales, per print Randy Mosby, October 6, 1997, sheet 1 of 1, print #97-409, with staff's recommendation. Mr. Thomas - yes Mr. Math~ - yes Chnm. Fischer - yes Mr. Pliska - yes Mr. Munsart - yes Ms. Vesia - y~s Ms. Kilkelly(a) - yes Thcv0te was 7 - 0. Motion carried. I. RECOMMENDATION TO CITY COUNCIL - PRELIMINARY PLAT OF A REPLAT - SEBASTIAN I-HGHLANDS UNIT 17 - SEBASTIAN WOODS CORNKRSTONE SELECT HOMES, INC. Mr. Bill Adair with Cornerstone Seloct Hon~s, Satelli~ l~ach was present representing fig applicant. He noted that this is a "houSing" issue to provide for-storm-wagr ~ to Mr. I-Iass gave staff presentation, noted that the replat will reduce the number of houses from 86 to 77, and allows for the 2.25 acre storm-water management tract. He also noted tha~ lots 6, 7, and 8 of Block A, and lots 2, 3, and 4 of Block B, the minimum width of these lots shall be measured from side boundary to side beundary along the front sc, back line. Tlg setback in.::lbis area is tw~y-five (25) feet, and he noted that the City needs confirraation on the Plat that ~ lot~ meet that standard. He summarized that staff would recommead approval based on. the ~ noted in the staff report. Mr. Massarelli noted that the storm-water management tract is being dedicated to the City of Sebastian and, inthe past the City has not accelm~ th~se. He suggested tahat thi~.may be an issue' with the City Council when it goes before th~ for approval. He noted that it don't change staff's recommendation, and it provides a great improvement for tl~ area and correcta the drainage problems of a GDC Plat and brings the Plat .up to 1990 s~amdards. But he that ti~ maintenance obligation may be an issue with City Council. MOTION by Thomas/Mtmsart I move to recommend approval to' Se3astian Woods, preliminary replat approval for Sebastian Woods, Sebastian Highlands Unit 17, c, onting~ upon satisfactory r~olution of all the engineering comments by Martha Campbell, in her memo dated Sera, her 30, 1997. Roll call: Mr. Munsart : - yes Ms. Kilkelly(a) - yes Mr. Thomas - yes Chmn. Fischer - yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 16, 1997 Mr. Mather - yes Ms, Vesia Mr. pliska - yes The vote was 7 - 0, Motion carried. J. RECOMMENDATION TO CITY COUNCIL - CONCEPTUAL DE~I~OPMENT PLAN - COLLIER CLUB PUD-R - ONSITE MANAGEMENT GROUP Mr. Chuck Mechling with Onsite Manageme~ Group INC., was present alld il~tr~ his partner, Steve Melchiori. He showed drawings depicting thc project and noted County ~ at~d sewer and a rocre~onal tract. He'noted that the project will be done in phases beginniag -on.th~ weztem gad. He thea &splayed the drawing of the ~mmce on Roseland Road Which will. hav~"' 2'iams for ingress and 2 lanes for egress. He also noted that the road maintenan~ will .be .d OhO by. the homeowners association and will not burden th~ taxpayers of Sebastian. Mr'. Mechliag noted ~that eventually it will be a gated community with a security sysu~n. The recreatioaal tra~ will .lmvc a pool area, an opeu-air structure with ldtchea, and landscaping, and it will be dom-in ~e initial phase. He thon showed a planned esmm~,e coming in off the golf course parld~ area,'wl~ch would include a redesign and.landscaping and ~_a,lln~ addiU'onal spaces for thc golf course parking. space plus: garage, etc. He agreed to all of the recommemtafious in the stuff report Stol ;worid~ out the drainage along Airport Drive in. the phasing plan. There was discussion ma buffer areas, and sidewalks in the entire conununlty. Mr. Mechling noted that if it can be worked out, they would like to build a tenms court th~ would also bo open to the g~neral population of Sebastian. Mr. Thomas asked how the roads could be kept private with a public tennis court, also about airport noise. Mr. Massarelli reminded Mr. Thomas that this is only at the conceptual level at pmsent,~ and all of these issues will be covered before site plan approval. County utilities were discussed, as well as mztl~ of home purchase. Mr. Mechliu$ ~ that the~ will be model homes available, handled by ~e builders. Mr. Hass gave staff presefftation and recommended approval with the conditions..not~ in the staff report. There was discussion on school buses and sholte~ at the bus stops. Mr. Keith Miller inquired about whether this site was a flood zone, and staff responded th~ Collier Creek itself was the only flood zone. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 16, 1997 MOTION by Mather/Thomas I make a reconunendation to City Council to approve Collier Club PUD-R subdivision Conceptual Development Plan, approval for residential development of the Collier Club per print, sheet 2 Of 6, dated 9/7, file name Collier H, Collier Club Subdivision, Sebastian, FL, Conceptual Plan. Roll call: Ms. Kilkelly(a) - yes Mr. Thomas - yes Mr. Mather - yes Chnm. Fischer - yes Mr. Pliska - yes Mr. Munsart - yos Ms. Vesia - yes The vote was 7 - 0. Motion carried. AMENDMENT TO MOTION by Mather/Thomas I amend the motion to include the staff rew, ommendations per the staff report. Roll call: Mr. Munsart - yes Mr. Thomas - yes Ms. KilkeHy(a) - yes Clmm. Fischer - yes Mr. Mather - yes Mr. Pliska - yes Ms. Vesia - yes The vote was 7 - 0. Amendment to motion carried. K. RECOMMENDATION TO CITY COUNCIL- SEBASTIAN LAKES COMMONS - SEBASTIAN LAKES PUD-R - SOUTHERN DEVELOPMENT SERVICES: 1. PRELIMINARY DEVELOPMENT PLAN APPROVAL FOR MEDICAL OFFICE Mr. Joe Mayer of Bussea-Mayer Engineering was present representing the applicant, and stated that he is here to request site plan approval for Phase 3, that is parcel 3 of the commercial portion of this project. He noted that parcels 1 and 2 were approved as Walgreem and First National Bank, and parcel 3 is the medical office facility on the southeast end of the property. He also noted that part of parcel 3 and parcel 4 is under contract to be transferred to the Indian River County Library in the very near future. He commented that all permits have been applied for and should be received within fifa~a (15) to thirty (30) days, and aH conditions in the staff report are being addressed. Mr. Hass gave staff presentation, noted that an enhanced landscape plan has been submitted, and recomme~led approval. There was some discussion on open space in this PUD. PLANNINO AND ZONINO COMlVHSSION MINUTES OF REGULAR MEETING OF OCTOBER 16, 1997 MOTION by Mather/Munsart I make a motion that we reco~ to the City Council the approval of the Preliminary Development Plan, approval of the 2,700 square feet medical office, Phase 3 of Sebastian Lakes Commons PUD per print of Sq~mmbor 24, 1994 (1997)called Medical Office Building, Southern Developmem Services, by C. E. Block ar~, Florida, A-1 and sheet LS-1, and ineluding these staffs r~cm~tations. Roll call: Mr. Mather - yes Chron. Fischer - yes Mr. Pliska - yes Mr. Munsart - yes Ms. Vesia - y~s Ms. Kilkelly(a) - yes Mr. Thomas - yes TI~ vote was 7 - 0. Motion carried. MOTION by Munsartf~omas I move that we recommend to City Council approval of the site plan application for Sebastian Lakes Commons. Medical Oflic~, together with staff recoauneadatiom. Roll call: Mr. pliska - yes Mr. Munsart - yes Ms. Vesia - yes Ms. Kilkelly(a) - yes Mr. Thomas - yes Mr. Mather - yes Chnm. Fiscl~r - yes The votewas 7-0. Motion carried. RECOMMENDATION TO CITY COUNCIL FINAL PLAT APPROVAL SEBASTIAN LAKES COMMONS - SEBASTIAN LAKES PUD-R - SOUTHERN DEVELOPMENT SERViCES Mr. Massarelli noted that this issue was placed on the agenda in error, and it will bo going to City. Council ~ of Planaing ~ Zoning Commission. Mr. Thomas ret. ommeaded that architectural and development prints should contain some identifying numbers. Mr. Mather suggested that if these prints do not carry identifying numbers, that some in-house numbering system should bo assigned and higldighted for easier idmtification. Mr. Massarelli agreed and noted that he would com~ up with something. CHAIRMAN M~TTER~; None Ms. Kilkelly asked if the side utility easement is six (6) feet, and staff responded that it depends on the plag and the Unit. 10 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 16, 1997 Mr. Massarelli reported that on October 14 he approved a minor modification at the site of the Indian River County Utilities radio tower on Bailey Drive for Sprint to add communication anteonas, and a one hundred seventy (170) square foot concrete slab for equipment. He also brought up the issue of "fences" and asked for guidance. He referred to p~.328.2.2 under Types of Feoces and Walls Permitted, and there was discussion about types that are allowed, types that are not allowed, and types that axe preferable. Nautical style post ami rope or chain were discussed, as well as wire and cable. It was decided that this issue must be refined. Mr. Massarelli then noted that site plans for Auto Zone and the Radiology Center will he ~ming to P & Z in the. near future. He attended a workshop with City Council the previous eve~g on the Comprehe~ve Plan and the Future Land Use Map. He noted that one area still in question is the ~ tract on Schunmnn Drive, and on November 12, another City Council workshop will deal with what they wa~ to see in the Riverfront area. Mr. Pliska mentioned the new funeral home on CR 512 that has a decorative finish on the large wall that faces CR 512, and noted that this suggestion was never picked up for tho buildings ia the Riverfront area, and commented that this technique should~ he used all over the City il~luding Chron. Fischer adjourned the meeting at 9:17 P.M. (10/24/97 AB) 11 MAILING ADDRESS I 1~1~ I~DARD, COUNCIL, COMMISSION. AUTHORITY OR COMMI'I-rEE ON I WHICH I SERVE iS A UNIT OF: 523 Cross Creek Circle COUNTY SeBastian Indian River. DATEONWHICHVO~OCCURREO October 16th, 1997 . . ~ ClTY n COUNTY D OTHER LOCALAOENCY NAIVE OF IL~O~LITICAL SUBX)IVISiON: ~±anm~ng and Zoning Board MY POSITION IS: Q ELECTIVE ~1 APPOINTIVE WHO MUM FiLE FOIiM 81 This form isfor use. by any person serving at the county, city, or other local level of government on an appointed, o[, 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 112.3149, 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 stde and filing the form. INSTRucTIONs FOR cOMpLiANOE WITH ~4EOTtON 119~a14~ FLORIDA ~rATUTIUi 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 votin~ on a which inures to the special gain of a principal (other than a 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 I~ain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 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 danghter-in-law. A "business associate" means any person 'or entity engaged in or carrying on a business enterprise with the officer as a panner, 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 situations 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 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 the form in the minutes. APPOINTEI) OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may pan.pate 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 t HE VOTE WLL BE TAKEN: ~ . . .... You must complete and file this form (before making any attempt to influence the decision) with :thePersOn 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 members of the agency..- · The form must be read publicly at the next meeting after the form is t=ded. CE FORM 8B - 1091 PAGE I IF YOU MAKE NO A'~i'EMPT TO ISION I~xCEPT B You must di~clo~ orally t~ ~tu~ ~ ~~ ~'~o~ ~'' ~' ' You must com~ the fo~ and fi~ it ~thin I~ days after th~ v~.~ ~th the ~on ms~ib~ f~ ~ing t~ minu~$'d the ~ti~, who m~t inco~mte the form in t~ mhu~s. A copy of the fo~ must ~ pr~ i~ely to t~ ot~ mem~'n ~ the a~n~. a~ the fo~ m~t ~ ~d publ~ly at t~ ~xt ~ting afWr t~ form is F~. !, Carl Anthony. F~s~h~r DISCLOSURE OF LOCAL OFFICER'~ INTEREST .... , hereby discl,o~e that on (a) A measure came or will come before my agency which (check one) __ inured to my special private gain; inured to the special gain of my business associate .... XXX inured to the special gain ofmy rehtive, H,~_nr_v A. Fi~=r inured to the special gain of whom ! am retained; or inured to the special gain of is the parent organization or subsidiary of a principal which has retained me.~ (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,,, , which A proposed ordinance for restriction's on m¥:.~family's mulching company was being reviewed by the Planing and Zoning Commission. ~ihce within the City of Sebastian there is only one mulching facility which is owned by my family,s company the ordinance is being disigned to restrict and eliminate 'our b6siness, I felt that a conflict of interest would be in order. October 27tht=~ 1997 ,., An ' -- ~ ) Date Filed. Signatur~ Carl t~ony Fischer NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRE '_.!~ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY lie PUNISHED liY ONE OR MORE OF, THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALT~ NOT TO EXCEED E FORM 8B - 10-91 .................. 1, PAGE 2" City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 g FAX (561) 589-5570 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING ~NIJT~$ OF MEETING FF-;.D APPROVF. D AT ~G HELD CARL £. ANN BRACK, RECORDING ?ZMAF City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA THURSDAY, OCTOBER 16, 1997 PLANNING AND ZONING COD44I S S ION 7:00 P.M. 1. CALL TO ORDER. 2 . PLEDGE OF ALLEGIANCE. 3. ROLL CALL. 4 . ANNOUNCEMENTS. 5. APPROVAL OF MINUTES: LPA Meetings of September 18, 1997 and October 2, 1997, and Regular Meeting of October 2, 1997 6. OLD BUSINESS: A. Public Hearing - Home Occupational License - 107 Landover Drive - Gina D'Oria - Adult Caregiver 7. NEW BUSINESS: B. Accessory Structure - Section 20A -5.7.D 1. 452 Mango Avenue - David & Pamela Humphrey C. Public Hearing - Model Home Permit - 497 Tulip Drive - Burgoon-Berger Construction Corp. D. Public Hearing - Home Occupational License - 381 Main Street - Linnea Coblentz - Linen Sales/Distributor E. Public Hearing - Home Occupational License - 861 Foster Avenue - M/M Foxwell - Vending Machines F. Public Hearing - Home Occupational License - 674 Jordan Avenue - Marilyn Hale - Healthcare Distributorship G. Public Hearing - Home Occupational License - 580 Wimbrow Drive - M/M Oleysyck - Mail Order H. Site Plan Review - Catalano Used Car Sales - 1301 U.S. Hwy #1 - Orlando Catalano I. Recommendation to City Council - Preliminary Plat of a Replat - Sebastian Highlands Unit 17 - Sebastian Woods Cornerstone Select Homes, Inc. J. Recommendation to City Council - Conceptual Development Plan - Collier Club PUD -R - Onsite Management Group K. Recommendation to City Council - Sebastian Lakes Commons Sebastian Lakes PUD -R - Southern Development Services: 1. Preliminary Development Plan Approval for Medical Office 2. Site Plan Review - Medical Office L. Recommendation to City Council - Final Plat Approval - Sebastian Lakes Commons - Sebastian Lakes PUD -R - Southern Development Services 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. DIRECTOR MATTERS: 10. ATTORNEY MATTERS: 11. ADJOURNMENT. 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 THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F. S) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) -589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. ka fOn*� City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA THURSDAY, OCTOBER 16, 1997 LOCAL PLANNING AGENCY 5:00 P.M. 1. CALL TO ORDER. 2 . PLEDGE OF ALLE GIANCE 3. ROLL CALL. 4. OLD BUSINESS: 5. NEW BUSINESS: A. Ordinance Review: 1. Ordinance 0-97-59 - Deletion of the Special Exception Provision 2. Ordinance 0-97-60 - Regulation of Stationary Mulching Machines 3. Riverfront Performance Overlay Districts B. Land Development Code Revisions - Review of Draft - Amended Articles 5. CHAIRMAN MATTERS: 6. MEMBERS MATTERS: 7. DIRECTOR MATTERS: 8. ATTORNEY MATTERS: 9. ADJOURNMENT. k7qhl,.-k 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 THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE Date OF ACTION. (286.0105 F.S) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) , ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING.