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HomeMy WebLinkAbout05071997 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, MAY 7, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA 97.118 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL QUASI-JUDICIAL PUBLIC HEARING(S), FINAL ADOPTION (Procedures on Back of Agenda) CotlCluCt Public Hearing on Application for Special Use Permit for a Proposed Libertino Daycam Center - T.l'.ilCI l~, Block 4~, South Wimbrow Drive in Residential Single Family District (RS-10) - Consider Adoption of Resolution No. R-97-23 - Deferred from 4/16/97 (Director of Community Development Transmittal 4/10/97, R-97-23, Staff lt, epo~ Application, Location Map, Sec. 20A-6.1.C.3. LDC) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A DAYCARE CENTER IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE RS- 10 ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. CARMINE C. LIBERTINO AND MS. JUDITH M. ORDONEZ FOR A DAYCARE CENTER LOCATED ON SOUTH WIMBROW DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 97.130 Conduct Public Hearing on Application for Special Use Permit to Allow Outside Dining at a Waterfront Res_t~tra~t ~ 806 In. flJaa River Dri~ ia CoMC (General M~rin~ Commerfi~l} Zoning District - Consider Adoption of Resolution No. R-97-27 (Director of Community Development Transmittal 5/1/97, R-97-27, Staff'Report, Application, Location MaG) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING OUTDOOR RESTAURANT SEATING ON A DOCK IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL MARINE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. RICI-IARD FEY FOR OUTDOOR RESTAURANT SEATING ON A DOCK AT 806 INDIAN RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMAtODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: Regular Meeting- Wednesday, May 14, 1997 ~ 7pm Regular Meeting - Wednesday, May 28, 1997 ~ 7pm 2 Procedures for Quasi-dudicial Hearings as Follows (In accordance with R-96-87): Mayor/Presiding Officer Opens Hearing and Outlines Rules City Attorney reads Ordinance or Resolution (if Applicable) If Requested by Party or Party Intervenor - Clerk/Secretary Administers Oath to Other Parties and/or Party Intervenors l~ho Intend to Testify For Non-Land Use Matters - Disclosure of Ex-Parte Communication Staff Initial Presentation Inquiry of Staff by Affected Parties through Mayor or Presiding Officer Appllcant Presentation - Uninterrupted 15Minutes Inquiry of Applicant by Council (or Staff or Affected Parties through Mayor or Presiding Officer) Proponents' Testimony - 3Minutes or l O Minutes if Representing 5 or More Inquiry of Proponents by Council/Board Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Opponents by Council/Board Opening of Informational Testimony - 3 Minutes or lO Minutes if Representing 5 or More Inquiry of Informational IVitnesses by Council/Board Closing of Public Information Period Staff Response and Summary- l O Minutes (Affected Parties May be Allowed to Make Clarifications or Ask Questions of Staf~ Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or Staff May be Allowed to Make Clarifications or Ask Questions of Applican0 City Council/Board lnquiry of Applicants, Opponents or Staff Close Hearing and Formal Action Affected Parties are the Applicant, Staff or Affected Landowners Entitled to Notice Under any Statute or City Code. City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, MAY 7, 1997 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLLCALL Ci~ Council Pre,eat; Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan StaftPxese~ntz City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio OSpecial City Council Meeting May 7, 1997 Page Two Mayor Barnes asked that two items be added to the agenda, the first being a proclamation for KN Recognition Day. MOTION by Sullivan/Cartwright I would move to add that proclamation to the agenda. (3A) ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 The City Manager requested addition of an item to release an easement to accommodate a property owner for a closing. MOTION by Taracka/Cartwright I make a motion to add Resolution R-97-32 to the agenda. ROLL CALL: Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Mayor Barnes read and presented a proclamation to Inez Fielding, Florida Nurses Association. Special City Council Meeting May 7, 1997 Page Three 97.118 QUASI-JUDICIAL ~PU~L,!C HEARING(S), FINAL ADOPTION Conduct Public Hearing_~n_/~pl~l;i~ roi- Special Use Permit for a Proposed Libenino Daycare Center - Tract E, Block 485, Sou, thgYi~hro~' Drive in Residential Single Family District (RS- 10) - Conlicl~l; Adol~tion of Resolution No. R-97-23 - Deferred from 4/16/97 (Director of C omm~lllity Development Transmittal 4/10/97, R-97-23, Staff_ Report, AppljcatiQ~ [,,Qcation Map, Sec. 20A-6.1 .C.3. LDC) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING A DAYCARE CENTER IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE RS-l0 ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR. CARMINE C. LiBERTINO AND MS. JUDITH M. ORDONEZ FOR A DAYCARE CENTER LOCATED ON SOUTH WIMBROW DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:08 p.m., and the City Attorney read Resolution No. R-97-23 by title. The applicant waived swearing in of any parties. The Director of Community Development gave the staff report (see attached); explained that the reason this is before City Council is that one of the conditions of conditional uses, which this type of application would ordinarily fall under, is that daycare centers are to be located on major collectors. He said the comprehensive land use plan does not identify Wimbrow Drive as a major collector which is based on the Indian River County system. He said staff is working on comprehensive plan amendments which would establish "local collectors". He reiterated staff report and recommended approval with conditions as outlined in the report. Mrs. Sullivan expressed concern for the conflict between the Land Development Code and Comprehensive Land Use Plan and the use of special use permits. Carmine Libertino, 6167 Island Harbor Road, Sebastian, distributed a sketch of the facility, and said there was a need for childcare in Sebastian. City Council Meeting May 7, 1997 Page Four Proponents who spoke w_e£~: Frank Cooper, 534 Balboa Street, Sebastian Opponents who spoke were: Dennis O'Hara, Georgia Boulevard, Sebastian Sal Neglia, 461 Georgia Boulevard, Sebastian Dean and Linda Nephew, 365 Georgia Boulevard, Sebastian Thomas Huber, 325 Georgia Boulevard, Sebastian Gary Kaczinski, 433 Arbor Street, Sebastian Mayor Barnes closed the public information period. The Director of Community Development said daycare centers, by the Land Development Code, are limited to residential districts and COR and could not be placed in general commercial districts. He said the issue tonight is to determine if the use on the property is proper and that if determined to be so, site plan will be addressed at a later time. He said it was his understanding that sewer lines are available on CR 512 and that the site will be required to connect; that a traffic impact study could not be required because there will be less than 1000 trips per day generated; and said he was not aware of any civic zoning designation and that this property was in RS- I 0 zoning. TAPE I - SIDE II (7:48 p.m.) Mrs. Sullivan pointed out that the Comprehensive plan designates only CR 512 and CR 505 as major collectors, and in a conflict, shall prevail. Mayor Barnes expressed concern for increased traffic. Mr. Taracka expressed concern regarding using special use permits and inconsistencies with the comprehensive plan. Mr. Paul cautioned about concerns relative to increased traffic and urged others to work with businesses. Mrs. Cartwright said the comprehensive plan merely defines collector streets, the City is working to alleviate conflicts between the Land Development Code and Comprehensive plan and asked that the location of other daycare centers in the City be considered. The City Attorney reminded City Council that quasi-judicial matter must be based on substantial competent evidence presented. 4 Special City Council Meeting May 7, 1997 Page Five MOTION by Cartwright/Paul I move to approve Resolution R-97-23. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - nay Mr. Barnes - nay Mr. Taracka - nay Mrs. Cartwright - aye MOTION FAILED 2-3 (Sullivan, Barnes, Taracka - nay) MOTION by Sullivan/Taracka I would like to move denial of the special use permit for the proposed Libertino Daycare Center on South Wimbrow Drive in a residential single family district, RS-10, since a childcare facility located within RS-10 district, its states 'shall be located on a major collector street or larger' as designated in the City's adopted thoroughfare map and that in the comp plan only CR505 and CR512 are identified as major collectors and that when there is a conflict with the comprehensive plan as there is in this case, the comprehensive plan shall prevail. The City Attorney advised that the reason the special use permit was applied for was that the site was not on a major collector, therefore, Council will have to find that the use will be detrimental to the health, safety or welfare or be injurious to other parties and state why. Mrs. Sullivan then added "that it is injurious to the health, safety and welfare of the neighborhood because it is not on a major collector." The City Attorney said the application cannot be denied based on the fact that it is not located on a major collector because that is the reason they are asking for the special use permit and advised that a specific finding of fact be made as to why it is detrimental. Mrs. Sullivan added "because of the additional traffic this type of development would generate, and because the many small children in the neighborhood." Special City Council Meeting May 7, 1997 Page Six Mayor Barnes suggested a substitute motion "the requested daycare center on South Wimbrow is detrimental to the public safety since the additional traffic will negatively impact traffic in the neighborhood based upon substantial competent evidence provided at the hearing". Mrs. Sullivan agreed to use Mayor Barnes' motion. Mrs. Cartwright said, for the record, "that childcare centers are presently used in the City of Sebastian in similar locations, and I disagree that we've heard competent testimony otherwise to disallow this use." Mr. Paul said he did not see any competent evidence that the daycare should be denied and expressed concern for limiting business in the City. ROLL CALL: Mrs. Sullivan - aye Mrs. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay MOTION CARRIED 3-2 (Cartwright, Paul - nay) Mayor Barnes called recess at 8:22 p.m. and reconvened the meeting at 8:35 p.m. All members were present. 6 City Council Meeting May 7, 1997 Page Seven 97.130 B. CondUct public Hearing on Application for Special Use Permit lo_ Alkogt Outside Dining at a Waterfront Restaurant at 806 Inc!iil0 P,,iyc; Ddye i~ GMC (General Marine Commercial) Zoning District - Conciliar Ad~pliol~ of Resolution No. R-97-27 (Director of Community Development Transmittal 5L1~_97,.11,-97-27, Staff Report, Application, Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING OUTDOOR RESTAURANT SEATING ON A DOCK IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL COMMERCIAL MARINE COMMERCIAL ZONING DISTRICT; GliNTING A SPECIAL USE PERMIT TO MR. RICHARD FEY FOR OUTDOOR RESTAURANT SEATING ON A DOCK AT 806 INDIAN RIVER DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:36 p.m., and the City Attorney read Resolution No. R-97-27 by title. The City Clerk swore in all those who intended to offer testimony. The Director of Community Development gave staff report (see attached). TAPE II - SIDE I (8:50 p.m.) The Director of Community Development continued his report and in closing, recommended approval with certain conditions as stated' in the report and an addition to Condition 4 "or as amended". In response to City Council questions, he said all new development in the Riverfront 'area will have to meet FEMA requirements; that there are a total of 42 parking spaces for the site; and said there was a provision to allow narrower parking stalls. Mrs. Sullivan said she was concerned about parking and did not want to see off-site parking. Bruce Cooper, Bruce Cooper Consulting, representing Richard Fey, said for the record that the 1991 approval was conceptual only, distributed the TRC developed in 1994 for the site plan approval (this document did not come back to the City Clerk); requested that the 105 seats be provided throughout the restaurant including the deck and said Mr. Fey is willing to provide valet parking off-site. He said for the record, FEMA requirements for this property have been the same since 1990. He then distributed copies of letters from Mr. Fey's attorney Gregg Casilino, Esq. dated May 6, 1997. 7 ~ecial City Council Meeting 7, 1997 Page Eight The City Attorney filed an objection to the Casilino letter being entered into the record, stating that the applicant is illegally estopped from bringing out the issue of whether or not a special use permit is needed, since the applicant agreed to pursue the special use permit.. Mr. Cooper said, for the record, Planning and Zoning approved the plan in 1994 and a building permit was issued allowing the deck to be elevated; said the deck did not qualify as a structure to meet setback requirements; and requested that Council allow entertainment on the deck without applying for a special use permit In response to Council questions, Mr. Cooper said hours of operation have not been established; approximately seven employees will be used; and said he objects to conditions C and D. The Director of Community Development said valet parking as mentioned tonight would not be allowed under the Code. Richard Fey was sworn in by the City Clerk and said resin tables will be used and that there will be security on site. Proponents who spoke were: Damian Gilliams, 1623 US 1, Sebastian. TAPE II - SIDE II (9:37 p.m.) Mr. Gilliams continued his presentation. Ql~pglledllS who spOke were: Leonard Bassi, 573 Browning Terrace, Sebastian questioned Mr. Cooper's occupational license. The City Attorney said testimony has to be limited to credibility of a witness. The Director of Community Development read excerpts of a letter of objection from Alan French to the Planning and Zoning Commission into the record. Mayor Barnes opened and closed the public information periOd. The Director of Community Development reiterated staff report and in closing, recommended approval with certain conditions as set out in the resolution. Special City Council Meeting May 7, 1997 Page Nine Mr. Cooper reiterated the applicants' request for 105 seats and to allow service to all patrons sitting or standing and to allow entertainment on the deck. Mayor Barnes closed the hearing at 9:45 p.m. Mayor Barnes disagreed with condition B, whereby "all service shall be seated, i.e., no service to patrons standing in the restaurant or on the deck", stating it would probably be unenforceable. The Director of Community Development concurred but said parking was the critical issue. The City Manager agreed that parking was a critical issue on the Riverfront and stated that many waterfront areas have problems with outside music because the noise carries. Mr. Cooper asked that unamplified music be allowed on the deck, however, the Director of Community Development objected since this was not applied for. Mrs. Cartwright objected to music outdoors and disagreed with condition B. Mr. Paul questioned the environmental impact of serving on the deck. MOTION by TarackaYPaul I move to approve Resolution R-97-27 with conditions A, C and E. ROLL CALL: Mrs. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - nay MOTION CARRIED 4-1 (Sullivan - nay) OSpecial City Council Meeting May 7, 1997 Page Ten C. R~sgluti0n No. R-97-30 -Vacation of Easement The City Manager briefly explained the matter and the City Attorney read R-97-30 by title. MOTION by Cartwright/Taracka i move approval of Resolution R-97-30. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 5. Being no further business, Mayor Barnes adjourned the Special Meeting at 10:21 p.m. Approved at the f~l~_~ ~ ) , 1997, Regular City Council Meeting. Kathryn 3ff. O'Halloran, CMC/AAE City Clerk Walter W. Barnes Mayor 10