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Home My WebLink About10161996 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 96,225 2. 3. 4. AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, OCTOBER 16, 1996 - 6:00 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 SIREET, SEBASTIAN, FLORIDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL QUASI-JUDICIAL pUBLIC Hi~ARING(S). FINAL ADOPTION Procedures for Quasi-Judicial Hearings in accordance with R-95-39 are Listed on the Back of the Agenda Resolution No. R-96-73 - Special Use_Permit - Skydiy¢ Sebastian of,South Florida, Inc. - Expansion of' Ca!nping Area (Director of' Community DeveJ0pment Transmittal 10/9/96, R-96-73, Map) KI~SOLUTION NO. R-96-73 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING THAT THE USE 1N NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE AIRPORT INDUSTRIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INC. FOR AN OVERNIGHT CAMPING FACILITY; PROVIDING CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 96.226 Resolution No. R-96-74 - Special U~s? permit - Richard Fey - L.I. Tree Service - Allow Manager Resident_Li¥ing Quarters in General Marine Commercial District - Arlcillary Use up to 1800 S.F. (Director of Community Development Transmittal, R-96-74) RESOLUTION NO. R-96-7:~ A RESOLUTION OF THE CITY OF SEBASTIAN; INDIAN RIVER COUNTY, FLOR/DA, FINDING THAT THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH TIlE PURPOSE AND INTENT OF THE GENERAL MARINE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO R/CHARD FEY FOR A RESIDENCE AT 806 INDIAN RIVER DRIVE; PROVIDING CONDITIONS; 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 IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) O AIN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL CCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Quasi Judicial Hearing Procedures: Mayor Opens Hearing-Outlines Rules Oty Attorney reads Ordinance or Resolution (if Applicable) Clerk Administers Oath Disclosure of Ex-Parte Communication Staff Presentation Applicant Presentation - 15 Minutes Inquiry of Applicant Proponents'Testimony- 3Minutes or l O Minutes if Representing 5 or More Inquiry of Proponents Opponen ts' Presentation - Affected Oppon en ts 15 Minutes - Otb er 3 Min utes or 10 Min utes 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 Staff Response and Summary - 10 Minutes Applicant's Rebuttal Presentation - 10 Minutes Board and Staff lnquiry City Council Action 2 QUASI-JUDICIAL PUBLIC HEARING SIGN-UP SHEET OCTOBER 16, 1996 SPECIAL MEETING 96.226 B. R~solutiota No. R-26-74 - Special Use Permit - Riqhard Fey - L.I. Tree Service - Allow Manager Rel3ident Li¥ing Quarters in General Marine Commercial District - Ancillary Use up to 1800 $.F. RESO~UTiQNNO. R-96-74 A RESOLUTION OF THE CITY OF SEBASTIAN; INDIAN RIVER COUNTY, FLORIDA, FINDING THAT THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL MARINE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO RICHARD FEY FOR A RESIDENCE AT 806 INDIAN RIVER DRIVE; PROVIDING CONDITIONS; PROVIDING FOR SEVERABiLITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Name Address For Against Information Name Address For Against Information Name Address For Against Information QUASI-JUDICIAL PUBLIC HEARING SIGN-UP SHEET OCTOBER 16, 1996 SPECIAL MEETING 96.225 A. Resolution No. R-96-73 - Special Use Permit - Skydive Sel0~$ti, all of South Florida, Inc. - Expansion of Camping Area RESOLUTIOBI N0,.1~-9~5-73 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING THAT THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE AIRPORT INDUSTRIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INC. FOR AN OVERNIGHT CAMPING FACILITY; PROVIDING CONDITIONS; PROVIDING FOR SEVERAB1LITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Name Address For Against Information Name Address For Against Information Name Address For Against Information 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, OCTOBER 16, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AG ,ENDA ITF21dS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Special Meeting to order at 6:03 p.m. The Pledge of Allegiance was recited. ROLL CALL City Cou~cikPresevt: Mayor Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halioran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio City Council Absent: Vice Mayor Walter Barnes (excused) Special City Council Meeting October 16, 1996 Page Two Mayor Cartwright announced that Channel 35 meeting broadcasts may not take place for the next three days due to Emergency Management's coverage for the approaching storm. QUASI-JUDICIAL PUBLIC HEARING(~;), F!~Ai. ADOPTION Procedures for Quasi-Judicial Hearings in accordance with R-95-39 are Listed on the Back of the ,4genda 96.225 Resolution No. R-96-73 - Sl~qcial U~se Pcrmi! - Slogdive Sebastian of South Florida, Inc. - 13X. l>ansion of Camping Area (Director Qf Community Development Transmittal 10/9/96, R-96-73, Mgp) R[~QI~UTIQN NO. R-96-73 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FINDING THAT THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE AIRPORT INDUSTRIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INC. FOR AN OVERNIGHT CAMPING FACILITY; PROVIDING CONDITIONS; PROVIDING FOR SEVEILABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the public hearing at 6:05 p.m., the City Attorney read Resolution No. R-96-73 by title only, and the City Clerk swore in all those who intended to offer testimony. No one had ex-parte communication to disclose, except Mrs. Damp who said she had visited the site. The Community Development Director gave the staff report and went over conditions imposed by the previous and proposed resolutions. Bruce Cooper, 6565 Whispering Pine, Grant, representing Skydive Sebastian, requested that condition 15 regarding locking the training building during non-business hours be changed to allow people access to bathroom facilities. Randy Mosby, representing Skydive Sebastian, explained that detention areas were lost property and objected to condition 15. Discussion continued relative to security, signs, use of the training facility, camping permits, time limit for camping, and establishing a time limit by which all conditions would 2 Special City Council Meeting 16, 1996 Page Three have to be met. TAPE I - SIDE II (6:48 P.M.) Bruce Cooper said the training building would be co'd next week and that the applicant would give 30 days for compliance with all conditions. Adding this to condition was discussed. Mr. Taracka suggested continuing the hearing until after all conditions are met and suggested a fence be required along the north property line. The Community Development verified that September 25, 1996 was the proper site plan date. The City Clerk swore in Tut Connelly, 149 Kildare Drive, Sebastian, who advised Council to stick to its guns on securing the place. The City Clerk swore in Harry Thomas, 654 Balboa Street, Sebastian, who discussed non- compliance with 1995 special use permit conditions. Mayor Cartwright said all the 1995 conditions have been met tonight. Mayor Cartwright closed the public hearing at 7:09 p.m. The Community Development Director said that a fence on the north property line may be appropriate. He went on to say that Council must find that the use is not detrimental to the public health, safety and welfare and not injurious to other properties; that the proposed use is consistent with the purpose and intent of airport industrial zoning district; and noted that Planning and Zoning had recommended approval with conditions. Mayor Cartwright recommended that condition 15 be changed to lock the training "rooms" and certain typos and grammatical errors were corrected. Mr. Halloran recommended that permits be for no more than 14 days. Randy Mosby explained what an "approved" skydiver was. ~Special City Council Meeting October 16, 1996 Page Four Mr. Taracka expressed concern for the safety of tent campers adjacent to the parking area and in retention areas. MOTION by Halloran/Damp I move to approve Resolution No. R-96-73 as amended. The Community Development Director reviewed the changes as follows; Add to condition 8 "for no more than 14 days and passes are renewable". Add "buffer" after vegetation to condition 10. Change condition 15 to "training rooms in the training building". The date in condition 7 should be September 25, 1996. City Council concurred. ROLL CALL: Mr. Barnes - absent Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - nay Mrs. Cartwright - aye MOTION CARRIED 3-1 (Taracka - nay) Mayor called recess at 7:27 p.m. and reconvened the meeting at 7:40 p.m. All members present at roll call were present. ISpecial City Council Meeting October 16, 1996 Page Five 96.226 B. Resolutiorl2qfl~ R-96-74 - Special Use Permit - Richard 17~ -J.,,!, Tree Service - Allow MaCager Resident Living Quarters in Genq_ra[ Marine Commercial District - Ancillary Use up to 1809 .S_.F, (Director of Community Develop_~.nt Transmittal, R-96-74) RESOLUTION NO. R-96-74 A RESOLUTION OF THE CITY OF SEBASTIAN; INDIAN RIVER COUNTY, FLORIDA, FINDING THAT THE USE 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 RICHARD FEY FOR A RESiDENCE AT 806 INDIAN RIVER DRIVE; PROVIDING CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cartwright opened the public hearing at 7:40 p.m., the City Attorney read Resolution No. R-96-74 by title, and the City Clerk swore in all those who intended to offer testimony. No one had ex-pane communication to disclose. The Community Development Director gave the staff'report, displaying a concept of the restaurant and residence on an overhead, noting that Planning and Zoning will address the site plan tomorrow night which would depend on the outcome of this special use request. TAPE II - SIDE I (7:48 p.m.) The Community Development Director said that Council must find that the use is not detrimental to the public health, safety and welfare and not injurious to other properties; that the proposed use is consistent with the purpose and intent of the general marine commercial zoning district; and noted that Planning and Zoning had recommended approval with conditions. Dan Eckis, 8235 125th Place, Roseland, representing applicant Richard Fey, said he will work closely with Community Development and permitting agencies to ensure that all conditions are met. Mayor Cartwright closed the public hearing at 8:02 p.m. City Council Meeting October 16, 1996 Page Six MOTION by Damp/Taracka I move to approve Resolution No. R-96-74. ROLL CALL: Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes MOTION CARRIED 5-0 - aye - aye - aye - aye 5. Being no further business, Mayor Cartwright adjourned the Special Meeting at 8:05 p.m. Approved at the ~C..~tbxCb~ .C [ t._o I , 1996, Regular City Council Meeting. :Kathryn hi/. O:Halloran, CMC/AAE City Clerk x ) ., ,,',. ] ., ,,, LOuise R. Cartwright & Mayor 6