HomeMy WebLinkAbout09051996 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
THURSDAY, SEPTEMBER 5, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLOR/DA
.A££ .AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, Fl, OR[DA
Mayor Cartwright called the Special Meeting to order at 7:00 p.m. Mr. Taracka led the Pledge of'
Allegiance.
ROLL CALL
City Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
Staff.Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
City Planner, Robert Massarelli
Deputy City Clerk, Sally Maio
pecial City Council Meeting
eptember 5, 1996
Page Two
3. QUASI-JUDICIAL HEARINGS, FINAI~ ACTION
Procedures for Quasi-dudicial Hearings as Follows (In accordance with R-95-39}:
· Mayor Opens Hearing-Outlines Rules
· City Attorney reads Ordinance or Resolution (if Applicable)
° ClerkAdministers Oath
· Disclosure of Ex-Parte Communication
· Staff Presentation
° ApplicantPresentation - 15Minutes
· Inquiry of Applicant
· Proponents' Testimony - 3 Minutes or lOMinutes if Representing 5 orMore
° Inquiry of Proponents
· Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if
Representing 5 or More
· Inquiry of Opponents
· Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More
· Closing of Public Informational Period
· StaffResponse and Summary - 10 Minutes
· Applicant's Rebuttal Presentation - lOMinutes
· Board and Staff Inquiry
· City Council Action
96.193
MorchesliT/Fischer Sandmining SpecialUsePermit -Resolution No. R-96-66
(Community Development Transmittal 8/27/96, Application, StaffReDort w/Exhibit A,
P & Z Recomrllendation, Location Map, Mosb2~PJitns Under Separate Cover) -
RESOLUTION NO. R-9{3-66
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL USE PERMIT FOR
THE MINING OF SAND AND SOIL MATERIALS PURSUANT TO SECTION 20A-
2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN TO
HENRY FISCHER & SONS FOR THE MORCHESKY PROPERTY CONSISTING OF
10.41 ACRES, MORE OR LESS AND LOCATED IN A PORTION OF THE
NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39
EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR COMPLIANCE WITH THE REQUIREMENTS OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR THE
IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE
PERMIT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROViDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (Letters 8/20/96, Advertised Legal
Notices 8/29/96)
2
Special City Council Meeting
September 5, 1996
lPage Three
Mayor Cartwright opened the public hearing at 7:02 p.m., the City Attorney read
Resolution No. R-96-66 by title only, and the City Clerk administered an oath to all those
who intended to offer testimony. No member had ex-parte communication to disclose.
The City Planner gave a lengthy staff report, reported that Board of Adjustment had
granted a variance to the setback requirement for the west, north and east property lines
on September 3, 1996 and recommended adoption of Resolution No. R-96-66.
Charles Cramer, Project Coordinator, Fischer and Sons, said they had a sandmining permit
on this site issued in 1990 which had expired, that this was a request to complete the
project, that the 4 to 1 slope currently exists and the property is already mined to within 2
to 3 feet of lot lines. He said the project should be complete by spring.
Mr: Cramer responded to questions from City Council relative to the possibilitY of
undermining surrounding properties, future plans to seed and mulch, possibility of future
industrial subdivision on the site, ingress and egress to the north, and use of the road
improved by an abutting sandmine owner.
The City Planner read a letter from Richard Fey, L.I. Tree Service objecting to the mining
being allowed within two feet of the lot line adjacent to his property and other issues. He
responded to each of Mr. Fey's concerns.
TAPE I - SIDE II (7:47 p.m.)
Mr. Taracka expressed concern regarding dust control and the equity of one property
owner and not another being required to construct a road for similar use.
Randy MoSby, Mosby and Associates, engineer for the project, said he had designed the
road and that design and survey had been paid for by Fischer and Sons. He said a
previous plat required the road.
Vice Mayor Barnes disclosed that he 'had visited the site today.
The City Planner noted that Mr. Fey's special use permit for sandmining did not require
the construction of the road.
Bob Freeland, 733 Wentworth Street, Sebastian, spoke on. behalf of Mr. Fey and
expressed concern for .the alleged "double standard" in Sebastian'. He said.the former
mayor had written to Indian River County requesting the road construction by Mr. Fey.
Richard Brown, 11099 South Old Dixie Highway, objected to the project.
Special City Council Meeting
September 5, 1996
Page Four
Larry Driver, 462B DelMonte Road, Sebastian, expressed concern for sinkholes in the
area and was assured by the City Planner that it was highly improbable to see sinkholes in
Sebastian because of its geography.
Mayor Cartwright closed the public information period at 8:15 p.m.
Randy Mosby presented photos into the record showing different grades in the city.
MOTION by Damp/Cartwright
Since the finding of the Board of Adjustment has approved the use and meets all
requirements of the Code of Ordinances and Land Development Code and is consistent
with the comp plan, I move to adopt Resolution R-96-66.
ROLL CALL:
Mr. Barnes - nay
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - nay
· Mrs. Cartwright - aye
MOTION CARRIED 3-2 (Barnes, Taracka - nay)
96.117 B.
Skillman Rezorli_ng - O. r0inance No.. 0-96-17 (Community De¥910plllel~t Transmittal,
O-96-17, Application, Area Map, StaffKellOrt, P & Z Recommendation 8/2/963
ORDINANCE NO. 0-96-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTH OF MAIN
STREET, EAST OF J & W SUBDIVISION AND 100 FEET WEST OF THE U.S.
POST OFFICE PROPERTY, COMPRISED OF 5.6 ACRES MORE OR LESS, FROM
CL (COMMERCIAL LIMITED) TO RM-8 (MEDIUM DENSITY MULTIPLE
FAMILY); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading, 8/14/96, Letters
8/19/96, Legal Ad 8/22/96)
Mayor Cartwright opened the public, hearing at 8:20 p.m., the City Attorney read
Ordinance No. 0-96-17 by title, and the City Clerk administered an oath to anyone who
intended to offer testimony.
Roger Skillman, owner of the property, briefly addressed City Council.
The City Planner reiterated the staff report as submitted in the agenda packet and
recommended approval.
4
Special City Council Meeting
September 5, 1996
Five
No member had ex-parte communication to disclose.
Mayor Cartwright closed the public information period at 8:30 p.m.
MOTION by Halloran/Barnes
I move to approve Ordinance O-96-17.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran ~ - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Mayor Cartwright called recess at 8.:30 p.m. and reconvened the meeting at 8:45 p.m. All
members were present.
96.174
Sembler CLUP - Ordinan~_e No, 0-96-18 (Community Development Tj'0,r~smittal,
O-96-18, Application. Area Map, StaffReport, P & Z Recommendation 8/2/96)
ORDINANCE NO. 0-96-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIvER COUNTY,
FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE
COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP
FROM CL (COMMERCIAL LIMITED) TO CW (COMMERCIAL WATERFRONT)
FOR TWO PARCELS OF LAND CONSISTING OF 4.48 ACRES, MORE OR LESS,
LOCATED EAST OF NORTH CENTRAL AVENUE, SOUTH OF DAVIS STREET,
AND WEST OF INDIAN RIVER DRIVE; FINDING THAT THE COMPREHENSIVE
PLAN AMENDMENT QUALIFIES AS A SMALL SCALE AMENDMENT UNDER
FLORIDA STATUTES SECTION 163.3187 (1)(C); PROVIDING FOR A COPY OF
THE SMALL SCALE AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS
REQUIRED BY FLORIDA STATUTES SECTION 163.3187.(4); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (1 st Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
Special City Council Meeting
September 5, 1996
t Page Six
The City Attorney read Ordinance No. O-96-18 by title only, Mayor Cartwright opened
the public hearing at 8:46 p.m., and the City Clerk administered an oath to anyone who
intended' to offer testimony.
The City Planner reiterated his staff report as submitted in the agenda packet for this and
the next item and recommended approval..
TAPE II - SIDE I (8:50 plm.)
The City Planner completed his report and recommended approval:
Buzz Underill, 1616 North Indian River Drive, Sebastian briefly addressed City Council.
Mayor Cartwright closed the'public information period at 9:00 p.m.'
MOTION by Taracka/Damp
I move to approve Ordinance 0-96-18.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp. - aye
MOTION CARRIED 5-0
96.174
Do
Sembler Rezollillg - Ordinance NO. O-96-19 (i2.grnmunity Development
Transmittal 13/_7296, O-96-19, Application,/i~r~:8 Map, StaffReport, P & Z
tl,~¢ommendation 8/2/96))
oRDINANCE NO. 0-9_6-19
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDiAN'RIVER COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED EAST OF NORTH
CENTRAL AVENUE, SOUTH OF DAVIS STREET AND WEST OF INDIAN RIVER
DRIVE, COMPRISED OF 4.48 ACRES MORE OR LESS, FROM CL (COMMERCIAL
LIMITED) TO GMC (GENERAL MARINE COMMERCIAL); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (1 .st Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
6
Special City Council Meeting
September 5, 1996
Page Seven
Mayor Cartwright opened the public heating at 9:00 p.m.
The City Planner noted this ordinance will not become effective until the day after the
effective date of the land use plan ordinance 0-96-18 which is 31 days after adoption and
recommended approval.
The City Attorney read Ordinance No. O-96-19 by title only. The City Clerk had
previously administered an oath on this subject property.
No member had ex-parte communication to disclose.
Buzz Underill addressed City Council on uses of the property.
Mayo? Cartwright closed the public information period at 9:02 p.m.
MOTION by Barnes/I-Ialloran
i recommend approval of Ordinance No. 0-96-19.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-O
Special City Council Meeting
September 5, 1996
Page Eight
96.175
E. H~D~ Adams - Collier Creek Estates CLUP - O.l:dJllarl¢e No. 0-96-20 (Community
Development Transnl~tt0,1,0-96-20, Application, Area Map, StaffKeport, ~P & Z
Recommenllation 8/2/96)
QKDINANCt~ NO. O-96-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE
COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP
FRoM IN (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL) FOR
FOUR PARCELS OF LAND CONSISTING OF 9.45 ACRES, MORE OR LESS, IN
SEBASTIAN HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A
PORTION OF F; FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT
QU .ALIFiES AS A SMALL SCALE AMENDMENT UNDER FLORIDA STATUTES
SECTION 163.3187 (1)(C); PROVIDING'FOR A COPY OF THE SMALL SCALE
AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS REQUIRED BY
FLORIDA STATUTES SECTION 163.3187 (4); PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (1 st Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
Mayor Cartwright opened the public hearing at 9:03 p.m., the City Attorney read
Ordinance No. 0-96-20 by title, and the City Clerk administered an oath to all those who
intended to offer testimony.
No member had ex-parte communication tO disclose.
The City Planner reiterated .his staff report as submitted in the agenda packet for this and
the next item and recommended approval.
John King, Century 21/Realty King, responded to inquiry from Mayor Cartwright, stating
that the other portion of Tract F will be in a drainage lake.
Mayor Cartwright closed the public information period at 9:17 p.m.
A brief discussion took place on the proposed city stormwater lake, a portion of which
was intended to be located on the subject property. The. City Manager said the city does
not own the property, therefore, is not in a position to stop this development.
8
Special City Council Meeting
September 5, 1996
Page Nine
MOTION by Barnes/Taracka
i recommend approval of Ordinance 0-96-20.
ROLL CALL:
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
96.175
H.D. Adams- Collier C. reek Estates Rezoning- Ordinan~ No, O-96-21 (Community
l)~¥elopment Transmittal, .O-96-21, Application, Area Map, StaffRep.~ P & Z
Recommenc[0,1;iO. rt 8/2/96)
ORDINANCE NO. 0-9(3-2~[
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER'COUNTY,
FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN SEBASTIAN
HIGHLANDS UNIT 16 AND IDENTIFIED AS TRACTS C, D, E AND A PORTION
OF F, COMPRISED OF 9.45 ACRES, MORE OR LESS, FROM PS (PUBLIC
SERVICE) TO RS-10 (RESIDENTIAL SINGLE FAMILY); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (1 st Reading, 8/14/96, Letters 8/19/96, Display Ad 8/22/96)
Mayor Cartwright opened the public heating at 9:20 P.m., the City Attorney read
Ordinance No. O-96~20 by title and no member had ex-parte communication to disclose.
The City Planner briefly reiterated his staff report as submitted in the agenda packet and
recommended approval.
Mayor Cartwright closed the public information period at 9:21 p.m.
9
Special City Council Meeting
September 5, 1996
Page Ten
MOTION by Halloran/Damp
I move to approve Ordinance No. 0-96-21.
ROLL CALL:
Mr. Barnes
Mrs. Damp
Mr. Hailoran
Mr. Taracka
Mrs. Cartwright
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
4. Being no further business, Mayor Cartwright adjourned the Special Meeting at 9:23 p.m.
Approved at t~..~/~?/} (_i~
,1996, Regular City Council Meeting.
· i. :.iKathrynqvl. O Halloran, CMC/AAE
-~ City Cle~ .
Louise R. Cartwright 6/
Mayor
10
QUASI-JUDICIAL HEARING SIGN-UP SHEET
A .T-~-T,~T ',O 1996
Morchesky/Fischer Sandmining Special Use Permit - Resolution No. R-96-66
Name ~'J ~ d;" ,," ;' /.
Address
For Against -- ~~
....................................................................................... 2: ...............
Address
For Against
Information
Address
For Against
Information
Name
Address
,. ~ ~ '/ .
For Against
Information
Name
Address
For Against
Information
QUASI-JUDICIAL HEARING SIGN-UP SHEET
1996
Skillman Rezoning - Ordinance No. 0-96-17
Name
Address
For Against Information
Name
Address
For Against Information
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Address
For Against Information
Name
Address
For Against Information
Name
Address
For
Against Information
QUASI-3UDICIAL HEARING SIGN-UP SHEET
C. Sembler Comprehensive Land Use Plarl - Ordinance No. 0-96-1!~
Nam~
Address
For Against information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For
Against Information
Do
QUASI-JUDICIAL HEARING SIGN-UP SHEET
~GUST 28, 1996
Sembl0r_.Kezoning - Ordinance No. 0-96-19
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For
Against Information
QUASI-JUDICIAL HEARING SIGN-UP SHEET
A~'I~;2 8, 1996
H.D. Adams - Collier Creek Estates CLUP - Ordirl~llce No. 0-96-20
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Again st Information
Name
Address
For Against Information
Name
Address
QUASI-JUDICIAL HEARING SIGN-UP SHEET
~r~J~GUST 28, 1996
H.D. Adams - Collier Creek Estates Rezoning - OrdinaBce No. 0-96-21
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address
For Against Information
Name
Address