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HomeMy WebLinkAbout12051996 PZCITY OF SEBASTIAN PLANNING AND ZONiNG COMMISSION MINUTES OF REGULAR MEETiNG DECEMBER ~, 1996 Chairman Fischer called the meeting to order at 7:00 P.M. ROLL CALL: PRES~'T: Ms. Kilkelly - a Mr. Mather Mr. Pliska Ms. Vesia Mr. Johns Chnm. Fischer Mr. Schulke EXCUSED ABSENCE: Mrl Driver - a ALSO PRESENT: ANNOUNCEMENTS: Chnm. Fischer noted that Mr. Johns was excused from th~ last regular n~cting of November 21 due to a newspaper article that said that the Planning and Zoning Commission meeting was canceled that night. Mr. Driver has the flu and is excused from tonight's meeting. On November 26, Chmn. Fischer signed off on a minor modification for the Riverhou~ Laadi~ and the Lady Dolphin for the one hundred fd~y (150) foot extension to their dock. He also signed off on a minor modification to the site plan for the United Church of Christ at 1251 Fellsmere Road, approving part of their phase three. They are doing half of the third phase. Mr. Munsart announced tlmt he would not be pres~ at thc next meeting. APPROVAL OF MINUTES: MOTiON by MatherNesia I make a motion that we approve the minutes of November 21, 1996. A voice vote was taken. 7 - 0 motion carried OLD BUSINESS; None PLANNING AND ZONING COM/Vl/SSION MINI.~ES OF REGULAR MEETINO OF DECEMBER 5, 1996 NEW BI~ISINESS: A. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE -850 DEMPSEY AVENUE- ELEANOR WILSON - CLEANING SERVICE Eleanor Wilson Waters of 850 Dempsey Avenue was present. There were twenty (20) notices of bearing sent out and we received no letters of objection or non- objec~ou. Ms. King presented a staff report and r~ approval The public hearing was opened at 7:04 P.M. There was no public input and the public hearing was closed at 7:04 P.M. MOTION by Johns/Mather I make a motion to grant a Home Occupational License to Eleanor's Cleaning Service, 850 Dempsey Avenue. A voice vote was taken. 7 - 0 motion carried. B. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 1342 STARBOARD STREET - EDWARD BALLAS - VENDING MACHINE SERVICE Edward Ballas of 1342 Starboard Street was present. There were fourteen (14) notices of hearing sent out and we received no letters of objection or non- objection. Ms. King gave staff presentation and recommended approval. The public hearing was opened at 7:05 P.M. Nicholas Jackson who owns lots 29 & 30 on Scroll Street inquired as to what the ~ looked like and where the product was to be stored. He received satisfactory answers. The public hearing was closed at 7:06 P.M. MOTION by Pliska/Munsart I make a motion that we grant a home occu~ license for Mr. Edward, Ballaz, Jr. at 1342 Starboard Street. A voice vote was taken. 7 - 0 motion carried. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 5, 1996 C. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 122 MELTON AVENUE - ROBERT FARRUGGIO- DRYWALL CONTRACTING Robert Farruggio of 122 Melton Avenue was present. There were twenty (20) notices of hearing sent out and we receivod no letters of objection or non- objection. Ms, King gave staff presentation and recommended approval. The public hearing was opened and closed at 7:09 P.M. with no public input. MOTION by VesiaJMather I make a motion that we approve the home occupational li~e~xse for Robert Famtggio at 122 Melton Avenue to do a drywall business. A voice vote was taken. 7 - 0 motion carried. D. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 919 LANDSlIOWNE DRIVE - RICHARD MANSER - PLUMBING AND HARV Richard Manger of 919 Landsdowne Drive was present, There were thirteen (13) notices of hearing sent out and we received no le~ers of objection or non- objection. Ms. King gave staff presentation and recommended approval. The public hearing was opened and closed at 7:11 P.M. with no public input. MOTION by MunsartjMatber I move that we grant a home occupational license to Richard J. Manger at 919 Iamdsdowne for the operation ora plumbing, heating and air-conditioning service. A voice vote was taken. 7 - 0 motion carried. E. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 525 SAUNDERS STREET - PAUL MAI}SEN - LIFT-STATION MONITORING Paul Madsen of 525 Saunders Street was present.' There were twemy-nine (29) notices of hearing sent out and we received no l~rs of objection or non-objection. PLANNING A_ND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 5, 1996 Ms. King gave staff presentation. Mr. Madsen explained his procedure and equipneat to everyone's satisfaction. The public hearing was opened at 7:18 P.M. Ms. Barb Caballo of 518 Saunders Street asked about tmftic, antennae and eqmpment. Mr. Madsen responded that his eqmpment fit ~ a small hand-held case, and he will not have au autemm or increase traffic. The public hearing was closed at 7:20 P.M. Mr. Massarelli asked about microwave relays, to which Mr. Madsen answered no. This address will be essentially used for telq)hone and mail drop. All other questions from the Commission were answered satisfactorily. MOTION by I make a motion that we approve the home occupational license for Paul Maint~ance, 525 Saunders Street. A voice vote was taken. 7 - 0 motion ea~ed. F. PUBLIC HEARING - ItOME OCCUPATIONAL LICENSE - 2?3 POINCIANA STREET - ,lAMES OGLE - COMPUTER SALES James Ogle of 273 Poinciana Street was present. Tbere were twenty-two (22) notices of hearing s~t out and we received two (2) lellgrs 0f objection and one (1) non-objection letter. Copies of the objection letters were handed to Mr. Ogle at this time. The public hearing was opeagd at 7:26 P.M. Ms. King gave staff proseaxtation and n~'nmended approval. Mr. Robert Rugusld, 268 Poinciana Stre~ objected to this licease issued and so The public hearing was closed at 7:27 P.M. MOTION by Munsart/Schulke I move that we grant a home occupational license to James Ogle, trading as OMT Computers at 273 Poinciana Street to ~ a computer business from his home. 4 PLANNiNG AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 5, 1996 A voice vote was taken. 7-0 motiou carrie. Chmn. Fischer r~mdnded Mr. Ruguski that if be sees anything out of the orair~y, .he should report it to code enforcemmt. G. RECOMMENDATION,TO CITY COUNCiL - PLAT OF BARBER,STREET EXTENSION - MINOR SUBDIVISION At this time Mr. Schulke announced that he had ownership ~ in this issue, submitted a conflict of intere.,st form, and stepped down, with Ms. Kilkelly voting in his place. Mr. Massarelli noted that the problems brought to light at the last meeting, with ownership of land in this Barber Street Exteosioa area, arc not completely resolved yet. But.we are ata point where this body can review k and consider the project. He then went on to/ive staff, p~ou and ideated the parcel that Mr. Schulke owns in a recem purchase from Mr. Hyatt. He questioned the need for the mortgage holder to sisn offou tbe first page.' He needs to ask the C/ty Attorney if an agreement would be acceptable, or does the s~-have to be on the face of the plat Staff.recammen~ approval of the Recommeodation to City Council of thc Plat of Barber Street Extemi~ subject to the City Attorney's review. He noted that the former City ~ reviewed /t and was in agreemem w/th it, but we need to have the existhtg City Attorney check it. Joseph 5chulke of Knight, McCmire & Associates in Veto Beach, and owner ora pi~ge of-property involved in this project, was preseat. The company he works for is involved in the project, and he is here tonight, alougwith Mr. Hyatt, to answer questi~., I-Ie noted that he feltthe plat is adequate and is waiti~'for comments 'from the C/ty Attorney. in answer to a question from Mr. Munsart, Mr. Massarelli noted that the Public Wodcs Director has reviewed and approved all the draix~e and utility easements. He noud that the City Attomey has the information but has not yet made a response, and he is waitin~ for that respome. Tho County surveyor has also been conmflU~. The mortgage holder issue seems to be the ~dy area in question, but the City Attorney also needs to comment on the easements as far as laasua~. Mr. Massarelli reminded the Commission members that this subject of Barber Stregt will be back on the agenda again later. This is just the first st~ to correct the situation. MORON by Johns/Mather I make a motion we recommend approval of the Barber Street exteasiou to City Council subject to the Attorney's review; the work.is indicated on two (2) sheets .prepared'by Hayhurst Land Surveyit~ Inc., sheet one (1), dated 8/15/96, and sheet two (2), last revision dated 12/05/96. A voice vote was taken. 7..0 motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEET~G OF DECEMBER 5, 1996 H. RECOMMENDATION TO CITY COUNCIL - PROPOSED ORDINANCES - LAND DEVELOPMENT CODE PROCEDURAL CHANGES ORDINANCE NO. 0-97-X1 Mr. MassareHi gave a presen~ noting that in agreement with the City Manager, it was decided to split the work on the Land Development Code, nmke the first part dealing with procedures, and thc second part would deal with the substance. This plan was budgetcd over two (2) years. But in working with Les Solin & Associates, on nego6aang a contract for the Compreheasive Plan Amendment, he has indicated that for the amount of money bu~ he will be able to do not only the Comprehensive Plan Amendment, but the Land Devei~ Code Amcndme~ also~ So the entire project should he completed within a year. 1. substituting Community Development Director in pla~ of City Clerk 2. substimti~ Comm~ Devel~ Director in place of Buildi~. Offidai 3, " " " Dopammnt in place of City Clerk's Office 4. simple typographical errors and other grammar errors within the. Code. 5. blatant inconsistencies within the Code Tonight we are going to review seven (7) ordinances. Mr. Maz~i decided to make au ordinance for each separate section of the code which should make this process easier. He noted that there should he at least seven more ~ the next meeti~ and they may be more difficult. Mr. Massarelli pointed out the difference between a public hearing (ad mn twice in the newspaper 15 days before the meeting), and a public hearing with duonotice ( property ownm~ wRhin two (2) lmndr~ feet receive 'a written notice). The phrase "pursuant to Section 20A 11,7'Will he inserted a/~ the use of the words "publ/c hearing". MOTION by Mathex/M~ I make a motion that we recommend to the City Council Ordinance #0-97-X1, with A voice vote was takon. 7 - 0 motion carried. ORDINANCE NO. 0-97-X2 Mr. Massarelli proposed a change to Section 20A-5.12.C, Section 4, Commercial and Industrial limitations and restrictiom, in reference to fences and walls. He is recommending that instead of going through the Building Official and the P & Z Connuission Chairman, that we allow the staff to make the decision on the haight of the walh that are not ~xcoodi~ eight (S) feet. The Buildi-~ Official will he issuing the building permit and will he involved. 6 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 5, 1996 Mr. Schulke asked if there would be a way to appeal any decision made by staff. Mr. Massarol~ responded yes, it would be appealed to the Board of Adjustm~t or Plannin~ and Zoning. It would require a sentence covering this to be added to the specific Section. In section five (5), concerning putti,~ a structure or planting on City right-of-way, Mr. Massamlli suggests that a license be issued by the City Council because of it being City p~, and the liability that may be associated with it. Mr. Mather questioned the procedure of City Council issuing a licease. This iss~ was discussed and it was detenuined to use City Council only on appeal, and the rel~iai~ process being handled by Planning and Zoning. in section five (5), Moving of Structures, Mr. Mazsarelli proposes changing the ~ sets of drawings from throe (3) to five (5). MOTION by Johns/Mather I make a motion that we ree, ommafl to the City Coundl Ordinane~ 0-97-X2 with all agrc, c,rA on revisions. A voice vote was taken. 7 - 0 motion camed. ORDINANCE NO. 0-97-X~ Mr. Massarelli went over this Ordinance and there was very brief discussion. MOTION by MunzartfM~aer I move that we recomme~l to Council approval of Ordinanco No. 0-97-X3, as revised. A voice vote was taken 7 - 0 motion carried. ORDINANCE NO. 0-97-X4 This Ord/nance was checked over with some discussion. MOTiON by Johns/Mather I make a motion that we recommend to City Council approval of Ordinance No. 0-97-X4 with agreed on revisions. A voic~ vot~ was takm. 7 - 0 motion carried. PLANNING AND ZONING COMMiSSiON MINUTES OF REGULAR MEETING OF DECEMBER 5, 1996 ORDINANCE NO. 0-9~-X5 Mr. Massarelli noted that he will change the preparation of this Ordinance so the chris're section is not listed, and he will specifically dis~ss 20A-9.7 F.4. thereby eliminating 4 or 5 pages in the Ordinance. MOTION by Mather/Johns I make a motion that we approve Ordinan~ No. 0-97-X5 as amended. A voice vote was taken. 7 - 0 motion cam~. ORi~NANCE NO. 0-97-X6 Mr. Mas~i noted that this Ordinance deals with S~tion thirteen (13 ) of the LandDea, elopment Code which is the Landscape Ordinance. Mr. Mather sugg~,ed that a second l~rson be designated in deteaxnining the excel~tional quality of atree. It was decid~lto d~signa~the Cbaimmn of~ Tre~ Advisory Board inthat slot. Ms. Vesia al~ed Mr. Massarelli about a situation of a Brazilian Poplar tree not being rmaoved on a property near hers by a builder. Mr. Masaru responded that he would cl~r,k into this. comments. If there are any significant changes, he will bring it back before this Commission. MOTION by Jolms/Math~ I make a motion that we rocoomm~ to City Court61 Ordinan~ No. 0-97-X6 as revised. A voice vote was taken. 7 - 0 motion carried. ORI~INANCE NO. 0-97-X? Mr. Massarelli explained that this deals with Sectioa throe (3) of the Code which are District Regulations in each Zoning District. He noted oho sectioo dealing with carports that he felt should MOTION by Johns/Munsart I make a motioa that we approve Ordinance 0-97-X7 as ameaded. A voice vote was taken. 7 - 0 motion carried. PLANNING AND ZONING COMMISSION MINI. YrEs OF REGULAR MEETING OF DECEMBER 5, 1996 Mr. Massarelli noted that in agreemem with the Commission membors, as he has Ordinanc~ ready for review in the future, he will place copie~ in the members' mailboxes (in the Building Dept.). He asked the meanbers not to lose their copy for economic and budget reasons One section he is not dealing with yet is the Home Occupational Licem¢ section and lac ~plahaod why; 7. CHAIRMAN MAT~ Chmn. Fischer asked if the height of lawn grass was covea~ in the Code. At~ some discussion, Mr. Mas~i noted that he would take a closer look at re~ide~ requirane~ for lawns and "grasses". Mr. Mather inquired about the sid~mlk on Flenmfing St. at Chess~r's Gap. Mr. Massarelli respooded that as lots aro built o~, tho sidcwvalk will be constructed. Mr. Munsart asked about tho Nov. 21st le~or to Andy Grimwado. Mr. Massarelli ~ that it is part of the pemummt record at the Building ~ and he Ms. Vesia asked about the signs in tho crosswalk at the Leami~ Nest. Mr. Massarelli responded that time has not allowed him to look into that, but ho hoped to do so SOOII. In respcmse to a que~icm from Ms. ~ about tho banners at Island Video, Ms. King n°ted that they have a plamit for a spec~ event which will allow ttuan to put th~ sign out thru:times a year for a 14 day period. In resImnse to a questioo from Ms. V~sia about the ingr~s and ogross to this sam~ shopping cemer, Mr. Massarelli noted that h~ met with th~ County traffic eaagineer who recommended a design change on that driveway, similar to the oarlier entrance at Cumberland Farms. He informed the members that he is working on this, and montioned that Barber Street will be four (4) laned in the next ten (10) years, and will require ~ ~o~ to be reworked. Mr. Massarelli noted that stop signs will bo replacod at Cumberland Farms on Barl~ St. In response to an issue presented by Ms. Ve~ia about cars off, red 'T-or sale" boing parked in. the right-of-way along Barber St. on ~, Mr. Massaretli noted that an Ordimm~ bas been designed to covor this and should bo going bc-foro City Council probably December 18. He also noted that it is illegal for uactor-trail~ truc&s to park in the right-of-way, and whe~ this is 9 PLA2~ING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DEC~ER ~, !996 observed, the police or Coao Vaffo~me~t should ~ notified. He is prose~y worid~ oa a ~'tion of the Code to cover this. Ms. Vesia inquired about tho Stephemon Hour, owned by Mr. Gralmm, being u~i a~ a b~! and breakfast. It was detemfined that the site plan must be tramfen~ to Mr. GralmmbyP&Z. Mr. Massarelli noted that he didn't know if Mr. Gralmm has received title to the pmpmy yet. 9. DIRECTOR MATTERS: 10. ATTORNEY MATTERS: None The meeting was adjourned at 9:28 P.M. 10 t.-'FORM B MEMIRA:ND'UM"'.OF-vOTIN iiCONFLiOTT R '"": ........ MUNIClReL, AND HER LoC.eL'PU OFF!CERS ~tCH I SERVE IS A UNIT OF: WHO MU~T FILE FOEM 8B This form is for use. by any person serving at the county, city, or o~ther local level of government on an appointed or elected board,~ council? commissi°~ authority, or committee. It applies equally to members of advisory and non-adv~ory bodies who are presented with a voting conflict of interest under Section i12.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form .is not required by law, you are enc&uraged to use it i~ making' the disclosure required by law. 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. A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting ona 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 retained. In either case, you should 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. APPO:NTED 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 retained. A person holding an appointive locaJ office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt 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 INFLUENC~ THE DECISION PRIOR TO THE.MEETING AT WHICH THE VOTE WILL BE TAKEN: should complete and file this form (before making any attempt to influence the decision) with the person responsible for ng the minutes of the meeting, who will incorporate the form in the minutes, * A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to conside~t'ion of the matter in which you have a conflict of interest. PAGE IF YOU MARE NO'ATTEMPT TO:IN · · 'You' should disclose orally'"the nature of your conflict 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 in~brpbrate the' form in the minutes. '% / DiSCLOSIIRE OF STATE OFFICER'S INTEREST I, . ,~.~O~gl~' . .__ "ffL~e~, hereby disclose that on 12. t~ ........ , 19~.~: (V measure came or will come before my agency which.(check one) ~ inured to my special private gain; or ~ inUred to the special gain of }OeCff-~o~',~. ~, ,~'/7 , by whom I am retained. (t0 The measure before my agency and the nature of my interest in the measure is a, follows: Date Filed / Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §I12.317 (1995), A FAILURE TO MAKE ANY REQUIRF.~ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWiN~ IMPEACHMENT, REMOVAL OR sUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN- SALARY, REPRIMAND, OR A CiV1L PENALTY NOT TO EXCEED $5,000. PAGE CE FORM 8n. 10-86 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA THURSDAY, DECEMBER 5, 1996 PLANNING AND ZONING COMMISSION 7:00 P.M. 2. 3. 4. 5, 6. 8. 9. 10. 11. CALL TO ORDER. ROLL ~T.T.. APPROVAL OF MINUTES: Regular Meeting of November 2'1, 1996 OLO BUSZNKSS: ~ BUSINESS: A. Public Hearing - Home Occupational License - 850 Dempsey Avenue - Eleanor Wilson - Cleaning Service B. 'Public Hearing - Home Occupational License - 1342 Starboard Street - Edward Ballas - Vending Machine Svc. C. Public Hearing - Home Occupational License - 122 Melton Avenue - Robert Farruggio - Drywall Contracting D. Public Hearing - Home Occupational License - 91'9 Landsdowne Drive - Richard Manser - Plumbing and HARV E. Public Hearing - Home OccupatiOnal License - 525 Saunders Street - Paul Madsen - Lift-Station Monitoring F. Public Hearing - Home Occupational LiCense - 273 Poinciana Street - James Ogle - Computer Sales G. Recommendation to Cit~ Council - Plat of Barber Street Extension - Minor Subdivision H. Recommendation to City Council - Proposed Ordinances - Land Development Code Procedural Changes CHAIRMAN MATTERS ~ DIRECTOR MATTERS: ATTORNEY MATTERS: 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 VERBATIMRECORD 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 mATE 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.