HomeMy WebLinkAbout09171997 City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
QUASI-JUDICIAL HEARING(S)
WEDNESDAY, SEPTEMBER 17, 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
97.180
97.218
97.219
2.
3.
4.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUIN[CEMENTS/PRESENTATI OI~
Presentation of Proclamation to Daughters of the American Revolution - Constitution Week -
September 17 - 23, 1997 - Betty Bock/Aloa Lorton Accepting
~I. IASI-JUDICIAL PUBLIC ltEARI NG(S). FINAL ADOPTION
(Procedures on Back of Agenda)
Bayrock Investments - Preliminary Development Plan - Site Plan Approval - Resolution No. R-97-54
(Director of Community Development Transmittal 9/9/97, Application, Location Map, P&Z Minutes
Excerpt 8/21/97, Staff Report, Legal Notice, R-97-54, Plan Under Separate Cover)
Sebastian Lakes Preliminary Development Plan for Preliminary Plat - Four Parcels - Resolution No.
R-97-55 (Director of Commtmity Development Transmittal 9/9/97, Application, Location Map,
P&Z Minutes Excerpt 8/21/97, Staff Report, Legal Notice, R-97-55, Plan Under Separate
Cover)
Co
Sebastian Lakes Preliminary Development Plan - Site Plan - Walgreens - Resolution No. R-97-56
(Director of Community Development Transmittal 9/9/97, Application, Location Map, P&Z Minutes
Excerpt 8/21/97, Staff Report, Legal Notice, R-97-56, Plan Under Separate Cover)
220 D.
97.221 E.
97.222 F.
Sebastian Lakes Preliminary Development Plan - Site Plan - First National Bank - Resolution No.
R-97-57 (Director of Community Development Transmittal 9/9/97, Application, Location Map,
P&Z Minutes Excerpt 8/21/97, Staff Report, Legal Notice, R-97-57, Plan Under Separate Cover)
Constance Spates - Special Use Permit - Residence for Security Purposes - Industrial Zoning
District - Resolution No. R-97-58 (Director of Community Development Transmittal 9/9/97,
Application, Location Map, P&Z Minutes Excerpt 8/21/97, Staff Report, Legal Notice, R-97-58)
Edward Balme - Special Use Permit - Single Family Residence in General Marine Commercial
Zoning District - Resolution No. R-97-59 (Director of Community Development Transmittal 9/9/97,
Application, Location Map, P&Z Minutes Excerpt 8/21/97, Staff Report, Legal Notice, R-97-58)
6. 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 VERBAT1M RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TItE APPEAL IS TO BE
HEARD. (286.0105 F. S.)
IN COMPLIANCE WITH THE AMERICANS WITII DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR TttlS
MEETING SHOULD CONTACT THE CITT 'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
OUpcoming Mee#ngs :
Special Meeting (Final Millage/Budget Hearing) - Wednesday, September 24, 1997 ~ 7pm
Regular Meeting - Thursday, September 25, 1997 ~ 7pm
Tentative Workshop on CLUP - Wednesday, October 1, 1997 (~ 7pm
Regular Meeting - Wednesday, October 8, 1997 ~ 7pm
Tentative Workshop on CLUP - Wednesday, October 15, 1997 ~ 7pm
Regular Meeting - Wednesday, October 22, 1997 ~ 7pm
Quarterly Open Forum - Wednesday, October 29, 1997 ~ 7pm
Regular Meeting - Wednesday, November 5, 1997 (_~ 7pm
Workshop on CLUP - Wednesday, November 12, 1997 ~ 7pm
Regular Meeting - Wednesday, November 19, 1997 ~ 7pm
Regular Meeting - Wednesday, December 3, 1997 ~ 7pm
Special Meeting - Wednesday, December 10, 1997 ~ 7pm
Regular Meeting- Wednesday, December 17, 1997 ~ 7pm
~>roqqdures for Quasi~luq[~qio~ }~earings as Follows tin accorc[o~c~ with R-97-46):
Mayor/Presiding Officer Opens Hearing and Outlines Rules
CiO' ,4 ttorney reads Ordinance or Resolution (if Applicable)
if Requested by Affected Party - Clerk/Secretary Administers Oath to Other Affected Paro'(ies) Who Intend to Testify
For Non-Land Use Matters - Disclosure of Ex-Parte Communication
Applicant Presentation - Uninterrupted 15 Minutes
Inquiry of Applicant or Applicant's Witnesses by Council/Board (or Staff or,4pplicant or Other Affected Parties through Mayor or Presiding
Officer)
Staff Presentation - Uninterrupted 15 Minutes
Inquiry of Staff by Council/Board (or Applicant and/or Other Affected Parties through Mayor or Presiding Officer)
Proponents' Testimony - Up to 15 Minutes (these are affected parties)
Inquiry of Proponents by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer)
Opponents' Presentation - Uninterrupted 15 Minutes (these are affected parties)
Inquiry of Opponents or Opponent's Witnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or
Presiding Officer)
Opening of lnformational Testimony- Arty Member of Public with Information or Need for Clarification - 3 Minutes or 10 Minutes if
Representing Groups of 5 or More
Inquiry of Informational Witnesses by Council/Board
Closing of Public information Period - No Additional Public Comments AIlowed Except #~ Response to Council/Board Questions
Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or Staff May Request to be Allowed to Point Out Errors of Fact or Ask
Questions of Applicant or Applicant Witnesses)
Staff Response and Summary - 10 Minutes (Response to Applicant, Proponents, Opponents or Informational Witnesses - Affected Parties
May Request to be Allowed to Point Out Errors of Fact or Ask Questions of Staff or Staff Witnesses)
Cio' Council~oard Inquiry of Applicants, Proponents, Opponents or Staff Mernber
Close Hearing Upon Completion of Testimony
Act Upon Application
Persons who desire to make a presentation or present information or comment on an application or item must register with the Cio' Clerk or Board
Osecretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures)
Affected Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statute, ,4 homeowners or property owners association
whose members include an affected party shall be granted affected paro' status by the Cio' Council/Board provided the association has been
established pursuant to Florida Law. ,4 certificate of good standing from the Florida Secretary of State's office and a resolution of the board of the
association authoriging said representation shall be filed with ate City Clerk's office prior to lite entio' 's request to be granted affected paro' status.
Affected Parties May Request Extension of Time from CiO' Council/Board and may object to the introduction of any evidence, whereupon, the presiding
officer may rule upon the objection to the admissibilio' of any evidence. The City Council/Board members may affirm or overrule the ruling Persons
addressing Council/Board shall identify any educational, occupational or other experience which may be. relevant to the matter.
Disclosure of ex-parte communication in land-use matters is not required and such non-disclosure shall not be deemed prejudicial to the decision of
the Cio' Council/Board. All decisions of the City Council/Board on land use matters must be supported by substantial, competent evidence irt the
record pertinent to lite proceeding irrespective of such communications.
A person who appears before the decision making body who is not an affectedparo' may be allowed to testify before the decision mala'ng body, may be
requested to respond to questions from the decision mak#tg body but need not be sworn as a witness and is not be subject to cross-examination and is
not required to qualify as an expert witness. The dt:cision ma]dng body shall assign weight and credibiHo' to such testimony as it deems appropriate.
QUASI-JUDICIAL HEARING SIGN-UP SHEET
WEDNESDAY, SEPTEMBER 17, 1997
Persons who desire to make a presentation or present inforntation or comment on an application or item must register with the
City Clerk or Board secretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21.
(meeting procedures)
Affected Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statute. A homeowners or property
owners association whose mernl~ers include an aJfected party shah be granted affected party status by the City Council~Board
provided the association has been established pursuant to Florida Law. A certificate of good standing from the Florida Secretary
of State's office and a resolution of the board of the association authorizing said representation shah be filed with the City Clerk's
office prior to the entity's request to be granted affected party status.
,4 person who appears before the decision making body who is not an affected party may be allowed to testify before the decision
making body, may be requested to respond to questions from the decision making body but need not be sworn as a witness and is
not subject to cross-examination and is not required to qualify as an expert witness. The decision ma/a'ng body shah assign weight
and credibility to such testimony as it deems appropriate.
97.180 A.
Bayrock Investments - Preliminary Development Plan - Site Plan
Approval - Resolution No. R-97-54
Affected Parties: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent~ga~~
Informational Witness L~(not required to be sworn as witness)
Affected Pllrti¢~: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent __
Informational Witness
(not required to be sworn as witness)
QUASI-JUDICIAL HEARING SIGN-UP SHEET
WEDNESDAY, SEPTEMBER 17, 1997
Persons who desire to make a presentation or present information or comment on an application or item must register with the
City Clerk or Board secretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21.
(meeting procedures)
Affected Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statut~ A homeowners or property
owners association whose members include an affected party shall be granted affected par~y status by the CiO~ Council/Board
provided the association has been established pursuant to Florida Law. ,4 certificate of good standing from the Florida Secretary
of State's office and a resolution of the board of the association authorizing said representation shall be filed with the City Clerk's
office prior to the entity's request to be granted affected parO, status.
A person who appears before the decision making body who is not an affectedpar~y may be allowed to testify before the decision
making body, may be requested to respo.d to questions from the decision making body but need not be sworn as a witness and is
not subject to cross-examination attd is not required to qualify as a. expert witness. The decision making body shah assign weight
and credibility to such testimony as it deems appropriate.
97.222 F.
Edward Balme - Special Use Permit - Single Family Residence in
General Marine Commercial Zoning District - Resolution No. R-97-59
Sallie
Address
Affected Parties: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent __
Informational Witness (not required to be sworn as witness)
Sallie
Address
Affects0. Parties: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent __
Informational Witness (not required to be swom as witness)
~ QUASI-JUDiCIAL HEARING SIGN-UP SHEET
WEDNESDAY, SEPTEMBER 17, 1997
Persons who desire to make a presentation or present information or comment on an application or item must register with the
CiO, Clerk or Board secretary prior to the time in the meethtg at wldch such item is to be heard in accordance with R-97-21.
(meeting procedures)
Affected Parties are the Applicant, Cdy Staff and Persons Entitled to Notice Under Code or Statut~ A homeowners or property
owners association whose members include an affected party shall be granted affected parO, status by the CiO, Council/Board
provided the association has been established pursuant to Florida Law. A certificate of good standing from the Florida Secretary
of State's o.~ce and a resolution of the board of the association authorizing said representation shall be filed with the CiO, Clerk's
office prior to the entiO, 's request to be granted affected par~y status.
A person who appears before the decision making body who is not an affectedpar~y may be allowed to testify before the decision
making body, may be requested to respond to questions from the decision ma]a'ng body but need not be sworn as a witness and is
not subject to cross-examination and is not required to qualify as an expert witness. The decision making body shall assign weight
and credibiliO, to such testimony as it deems appropriate.
97.221 E.
Name
Address
Constance Spates - Special Use Permit - Residence for Security
Purposes - Industrial Zoning District - Resolution No. R-97-58
Affected Palm: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent __
Informational Witness (not required to be sworn as witness)
Nallle
Address
Affected Parties: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent __
Informational Witness (not required to be sworn as witness)
lqalile
QUASI-JUDICIAL HEARING SIGN-UP SHEET
WEDNESDAY, SEPTEMBER 17, 1997
Persons who desire to make a presentation or present #*.formation or comment on an application or item must register with the
City Clerk or Board secretary prior to the time in tire meeting at which such item is to be heard in accordance with R-97-21.
(meeting procedures)
Affected Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statut¢ A homeowners or property
owners association whose members include an affected party shall be granted affected party status by the City Council/Board
provided the association has been established pursuant to Florida Law. A certificate of good standing.from the Florida Secretary
of State's ojffice and a resolution of the board of the association authorizing said representation shah bcflled with tile City Clerk's
ojffice prior to the enti{v's request to be granted affected par~v status.
,4 person who appears before the decision making body who is not an affected party may be allowed to testify before the decision
making body, may be requested to respond to questions from the decision making body but need not be sworn as a witness and is
not subject to cross-examination and is not required to qualify as an expert witness. The decision making body shall assign weight
and credibility to such testimony as it deems appropriate.
97.220 D.
Sebastian Lakes Preliminary Development Plan - Site Plan - First
National Bank - Resolution No. R-97-57
Name
Address
Affected Parties: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent ~
Informational Witness (not required to be sworn as witness)
Name
Address
Affected Parties: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent~
Opponent ~
Informational Witness (not required to be sworn as witness)
~I' QUASI-JUDICIAL HEARING SIGN-UP SHEET
WEDNESDAY, SEPTEMBER 17, 1997
Persons who desire to make a presentation or present ittformation or comment on an application or item must register with the
City Clerk or Board secretary prior to the time in the meeting at which suclt item is to be heard irt accordance with R.97-21.
(meeting procedures)
Affected Patties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statute. A homeowners or property
owners association whose members include an affected party sltall be granted affected party status by the City Council/Board
provided the association has been established pursuant to Florida Law. A certificate of good standing from the Florida Secretary
of State's o~ce and a resolution of the board of the association authorizing said representation shall be filed with the City Clerk's
o.~ce prior to the entiO~ 's request to be granted affected party status.
A person who appears before the decision making body who is not an affectedparty may be allowed to testify before the decision
making body, may be requested to respond to questions from the decision making body but need not be sworn as a witness and is
not subject to cross-examination and is not required to qualify as a~t expert witness. The decision making body shall assign weight
and credibility to such testimony as it deems appropriate.
97.218 B.
Sebastian Lakes Preliminary Development Plan for Preliminary Plat -
Four Parcels - Resolution No. R-97-55
]qame
Address
Affected~PartJ,¢~: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent __
informational Witness (not required to be sworn as witness)
Name
Address
AffectedPgrli¢~: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent __
Informational Witness (not required to be sworn as witness)
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, SEPTEMBER 17, 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.
ROLL CALL
City Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Present:
Chief of Police, Randy White (Acting City Manager)
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Development, Bob Massarelli
Deputy City Clerk, Sally Maio
Special City Council Meeting
[September 17, 1997
Page Two
4. AI~NOU~L-~MENTS/I'BESE~A$1Q~I~
Mayor Barnes said the Chief of Police had requested a consensus from City Council for a letter of support
regarding the Police Athletic League grant. In response to Mrs. Cartwright, the City Attorney said, although
not legally necessary, a motion could be made. Mayor Barnes said he was adding the item to the agenda to
approve sending the letter of support and asked for a motion.
MOTION by Cartwright/Taraeka
So moved.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Bames - aye
MOTION CARRIED 5-0
5. OUASI-~-DICIAL PUBLIC HEARING{~). FINAL ADOPTION
97.180
]Sayr~zk inYestments - Preliminaly Development Plan - Site Plan Approval - Resolution No. R-97-54
(.DirectO~ Qf (~O~l/l~lglity Development Transmittal 919/97, Application, Location Map, P&Z Minutes
[3x~erpt 8/21/97, Staff g~(~rkL~gal Noti~, ]~-97-~4~1an Unfl~r Separate Cover)
The City Attorney read Resolution No. R-97-54 by title only and Mayor Barnes opened the hearing
at 7:03 p.m.
Andy Fredericks, legal counsel for the applicant, waived sweating in of parties, and briefly addressed
Council relative to traffic concerns expressed by the City Engineer, stating that an accommodation
had been reached to widen Fleming m and around the subject site.
Randy Mosby, Mosby & Associates, discussed the Traffic Study done, discussed the plan to widen
Fleming, and stated that all code requirements have been met.
Mayor Barnes inquired about the recommendation for the site to meet Indian River County water and
sewer levels of service and the Director of Community Development responded that this is a PUD
requirement and the applicant was working with Indian River County.
Mrs. Cartwright inquired about the lighting condition and the Director of Community Development
said lights have been added to the new site plan; and that he will recommend removal of the condition
in the Resolution under his presentation.
2
Special City Council Meeting
ISeptember 17, 1997
Page Three
The Director of Community Development gave his presentation, exhibiting the site plan and the
traffic configuration, noted the fast food restaurant had been removed at this th-nc, discussed
proposed landscaping, proposed that when the Chessers Gap PUD is revised the developer be
required to construct an additional lane on Fleming Street within the PUD since it has now become a
through way, and recommended approval of the application with deletion of the condition requiring a
IeR turn lane. He said for the record, the applicant had the traffic study prepared for the entire site,
including the fast food restaurant, therefore, a traffic study will not have to be done again.
Irene Bronson Myrick, 690 Fleming Street, Sebastian, said there have been accidents at this
intersection and hoped there would be no more.
Dominico Cousins, 679 Fleming, Sebastian, expressed concern for traffic problems.
Mayor Barnes closed the public information period at 7:25 p.m..
Randy Mosby, Mosby & Associates, said he would meet with staff on Chessers Gap.
The Director of Community Development recommended adoption of Resolution No. R-97~54 with
deletion of the condition.
MOTION by Cartwright/Taracka
I move to approve Resolution No. R-97-54 with the deletion of the conditions.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
97.218
Sgbostian Lakes Preliminary Develogment Plan for t'relimilaary Plat - Four Parcels - Resolution No.
R-97-55 (Director of Communi;y l)~ve[opment Transmittal 9/9/97, Application, Location Map,
P&Z Minutes Excergt8/21/97. ~taff~¢port, Legal Notice, R-97-55, Plan Under Separate
The City Attorney read Resolution No. R-97-55 by title only and Mayor Barnes opened the hearing
at 7:29 p.m.
The Director of Community Development said the applicant will give a general overview of this and
the succeeding two Sebastian Lakes matters at this time.
3
Special City Council Meeting
tSeptemher 17, 1997
Page Four
Joseph Mayer, P.E., Bussen-Mayex Engineering Group, Inc., representing the developer, described
the project and exhibited the site plan and renderings; noted permits were in place; said the site
conforms to the existing developers agreement; and said Planning and Zoning approved the project
with certain conditions and that he had no problem with them.
The Director of Community Development said this project is in compliance with the conceptual plan
and developers agreement, the property is proposed to be divided into four lots, would have a heavy
landscape buffer adjacent to the library and recommended approval.
Mr. Taracka spoke relative to the safety of this intersection and the Director of Community
Development suggested that the city take a request to the Metropolitan Planning Organization for
Indian River County for funding fi.om Ixaffic impact fees.
Mr. Paul asked where the library expansion will take place and Mr. Mayer said the developer was
having preliminary discussions with the library for expansion.
Jim Zingate, Southern Development Services, applicant for the project, said the Indian River County
Commission had agreed to pursue the acquisition of the balance of the commercial site.
Mayor Barnes closed the public hearing at 7:42 p.m.
The Director of Community Development recommended approval of Resolution R-97-55 with
conditions as outlined in the resolution.
MOTION by Sullivan/Paul
I would move Resolution R-97-55 which is preliminary development plan and preliminary
plat approval for a commercial center known as Sebastian Lakes Common with the two conditions;
1) the final plat he approved within twelve months; and 2) the perimeter of the plat shall be
landscaped in accordance with the landscape code requirements and represented in the site plan.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
97.219
Co
Sebastian Lakes Preliminary I~y~Joptlaent plan - Site Plan - Walgreens -Resol~j.o~ NQ, R~-97-56
(Director of Con~uaity Development Transmittal 9/9/97. Application, Location Map, P&Z Minutes
l~;~cerpt 8/21/97, Staff R~org Legal Not[c.g, R-97-56, Plan Under Separate Cover)
Mayor Barnes opened the hearing at 7:44 p.m. and the City Attorney read Resolution No. R-97-56
by title.
4
oSpecial City Council Meeting
September 17, 1997
Page Five
The Director of Community Development gave a brief presentation of the Walgreens site plan and
recommended approval.
TAPE I - SIDE II (7:47 p.m.)
Mayor Barnes closed the public hearing at 7:47 p.m.
MOTION by Cartwright/Paul
I move to adopt Resolution 97-56.
ROLL CALL:
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
Mr. Paul
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
97.220
Sebastian Lakes Preliminary Developm~t plan - Site Plan - First National Bank - Resolution No.
R-91-~_7 (Director of Commumty Develol~ment Transmittalg/9/97. Al~licali0R, ~0~ation Map,
P&Z Minutes Excerpt 8/21/97, Staff R~org Legal N~iqe. R-~7-57, plan Under Separate Cover)
Mayor Banes opened the hearing at 7:49 p.m. and the City Attorney read Resolution No. R-97-57
by title only.
Gary Williams, 1205 Larkspur Street, Sebastian, suggested drainage problems be addressed before
there is more development in this area and that there be more landscaping than was provided for
Winn-Dixie.
The Director of Community Development said the developer is working with St. Johns River Water
Management District on this project, that Laconia reconstruction is in the works, and that there is an
abundance of landscaping proposed for this project.
Mr. Mayer said the site plan includes additional drainage improvements for the Sebastian Lakes
PUD which will alleviate problems for Laconia.
In response to Mr. Williams, the Director of Community Development said there will be continual
landscape maintenance at the site, sidewalk maintenance, lighting and the dumpster will be screened.
Roger Carey, said ponds will be filled in if the proposed residential goes in.
Mayor Banes closed the public hearing at 8:00 p.m.
5
oSpecial City Council Meeting
September 17, 1997
-' Page Six
MOTION by Taraeka/Cartwright
I move to approve Resolution R-97-57.
ROLL CALL:
Mr. Barnes
Mr. Taracka
Mrs. Camvright
Mr. Paul
Mrs. Sullivan
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
97.221
~2On~t~c~ Jpate~ - Special Use Permit - Residence for Security Purposes - Industrial Zoning
District - Resol~t~;~ No. ]~-..97-5..8 f~g~tor of Community Development Transmittal 9/9/97,
Application. Locati911 Map. P.~ Mill~t~s t~x~rpt 8/21/97, Staff Report, Legal Notice, R-97-58)
The City Attorney read Resolution No. R-97-58 by title and Mayor Barnes opened the hearing at
8:03 p.m.
Constance Spates, owner of the subject property, waived swearing in and presented her request for a
special use permit for a security residence; requested deletion of the condition for a site plan citing
previous uses, and deletion of the condition to obtain a variance from the size requirement for a
residence since there is no size cited in the general building code for industrial zoning.
In response to Mr. Paul, Mrs. Spates said her intention was that having a resident on site would deter
break-ins and the tenant of the apartment would be one employee of the site tenant; said there is
precedence since the Fischer storage area on 99th Street provides a security residence to a police
officer; and said she would provide a survey but not a site plan.
In response to Mrs. Cartwright, Mrs. Spates asked that the Planning and Zoning verbatim transcript
provided to City Council members by her be entered into the record. Mrs. Cartwright went on to say
that the variance would have to be obtained to be consistent with other uses in the area, and
requested that, should the tenant change, Mrs. Spates notify the city. Mrs. Spates agreed to so.
The Director of Community Development gave his presentation, stating Planning and Zoning had
recommended approval with conditions as outlined in R-97-58. He said the property file on this
building contained no building permit for the residence, thus his concern for the public health and
safety; said there is no site plan for this property, the use of the building had changed from
manufacturing to warehousing and by adding a residence, therefore, landscaping, parking and ADA
requirements had to be addressed. He said there are other industrial sites that are currently going
though site plan review and if Council is going to exempt this site, it should advise staff how it wants
to proceed with requested changes in use; that conditions E and F are troublesome to staff since they
will not be able to determine who the tenant is, and said there is a clear impression that there is
someone already living on site.
OSpecial City Council Meeting
September 17, 1997
Page Seven
TAPE II - SIDE I (8:35 p.m.)
In response to Mayor Barnes, the Director of Community Development said there has never been an
approval for a residence, it is a new use and, therefore, taking it to Board of Adjustment is not merely
a formality.
Mrs. Spates responded that there is a tenant occupying the property, but the tenant's employee is not
living on the site.
In response to Mr. Taracka, the Director of Community Development said ADA standards for
businesses must be met, reading fi.om the Land Development Code. The Chief of Police agreed that
as long as it is a licensed business address it should comply.
Mrs. Cartwright disagreed that this site will have public access but that the building would have to be
ADA accessible for the tenants, and said that she believed Mrs. Spates was exceeding the size
requirement for a watchman's facility which is an allowed accessory use in Industrial zoning at 150
square feet.
The City Attorney said a watchman's facility is allowed in Industrial and that it would be easier to
approach the Board of Adjustment in that manner rather than apply for a special use and variance for
a residence. Discussion followed on whether this request should have been treated as a variance from
the size requirement for a watchman's facility rather than a special use for a residence in industrial
zoning. The Director of Community Development said if it is changed to a watchrnan's facility it
could be done by variance and administrative site plan approval.
Mayor Barnes further explained to Mrs. Spates that City Council recently adopted a new site plan
ordinance which provides f~ administrative approvals for minor modifications to site plans. He
suggested that Mrs. Spates make an appointment with the Director of Community Development.
The City Attorney said Mrs. Spates has the option of going either way.
Mayor Barnes called recess at 9:14 p.m. and reconvened the meeting at 9:22 p.m. All members were
present.
Mr. Paul said Council must follow its own site plan guidelines, and concurred that the applicant go
forward with an administrative site plan, and go to the Board of Adjustment for a variance from the
size requirement for a watehman's facility.
TAPE II - SIDE II (9:30 p.m.)
7
City Council Meeting
September 17, 1997
Page Eight
Mrs. Spates questioned which set of procedures she is being required to go by; suggested her request
be put to a vote; and lef~ the meeting at 9:35 p.m.
Being no further input, Mayor Barnes closed the public hearing at 9:36 p.m.
Mrs. Cartwright suggested that the thirty day notice be included for change of tenant.
Mayor Barnes said it was clear that Mrs. Spates had no problem with other conditions imposed in the
resolution and he suggested approval of this resolution with modifications discussed tonight.
MOTION by Cartwright/Paul
I move to approve Resolution R-97-58 with the conditions, item C administratively
approved site plan and item E, provide notice to the City within thirty days of any change in the
tenant.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwfight - aye
Mr. Paul - aye
Mrs. Sullivan ~ - nay
Mr. Barnes - aye
MOTION CARRIED 4-1 (Sullivan - nay)
97.222
Edward Balme - Special Use Pg~rmit - Single Family Residence in General Ma/i_nv
Colllm~rcial Zoning District - Resolution No. R-97-59 (Director of Community Develogment
Transmittal 9dP./~7, Application, Location Map, P&Z Minut~ l~xcerpt 8/21/97, Staff Report,
Legal Notice, R-97-58)
The City Attorney said Council could act on this application despite the absence of the applicant.
Mayor Barnes opened the heating at 9:43 p.m. and the City Attomey read Resolution No. R-97-59
by title.
The Director of Community Development gave a brief presentation and recommended approval.
MOTION by Taracka/Paul
I make a motion to approve Resolution R-97-59.
Special City Council Meeting
September 17, 1997
Page Nine
ROLL CALL:
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Being no further business, Mayor Barnes adjourned the Special Meeting at 9:45 p.m.
Approved at the
,1997, Regular City Council Meeting.
Kathryn 3/~ O'Halloran, CMC/~E
City Clerk