The URL can be used to link to this page

Home My WebLink About02171999 City of Sebastian 1225 Main Street 0 Sebastian, Florida 32958 Telephone (561) 589-5330 Q F~ (56~) 58%5570 E-Mail: ci~s~b~iu.net AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING FOR QUASI-JUDICIAL HEARING WEDNESDAY, FEBUARY 17, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK . 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLLEGIANCE 3. ROLL CALL QUASI-JUDICIAL PUBLIC HEARING(S), FINAl,, ADOPTION (Procedures on Back of Agenda) 99.020/98.074 Resq!,a0on R-99-04 - Major Modifi~;10.or~ to Site Plan for Exxon Gas $tation in Chesser's G~ PUD to Add Drive Through C~r Wt~sh (Growth Management Transmittal 1/20/99. R-99-0,~./~pp!ication. Location Map. P & Z Minutes. Staff Report. L~gal Noti~. plat [Jnd~r Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A MAJOR MODiFiCATION TO THE EXXON SITE PLAN WITHIN CHESSERS GAP PUD; PROVIDINO FOR CONFLICTS HEREWITH; PROVIDING FOR 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 TtlE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TIIE TESTEIdONY AND EVIDENCE UPON WItlCIt THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITiES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR TttlS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. ~ for Quasi. dudictal Hearings as Follows (In accordance with R-97-46): Mayor/PreMding Officer Opens Hearing and Outlines Rules CiO'Attorney reads Ordinance or Resolution (if Applicable) If Requested by Affected Paro' - Clerk/Secretary Administers Oath to Other Affected Party(ies) Vt'ho 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 Applicant or Other Affected Parties through Mayor or Presiding Officer) Staff Presentation - Uninterrupted 15 Minutes Inquiry of Staff by Council/Board (or ~lpplicant and/or Other Affected Parties through Mayor or Presiding Offcer) 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 IVitnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer) Opening of Informational Testimony - Any Member of Public with Information or Need for Clarification - 3 Minutes or 10 Minutes if Representing Groups of $ or More Inquiry of Informational Witnesses by Council/Board Closing of Public Information Period - No Additional Public Comments Allowed Except in Response to Council/Board Questions Applicant's RebuttaI 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 ~vitnesses) City Council~Board Inquiry of Applicants, Proponents, Opponents or Staff'Member Close Hearing Upon Completion of Testimony Act Upon Application ersons who desire to make a presentation or present information or comment on an appBcation or item must register with the City Clerk or oard 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 P~ties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statut~ ,4 homeowners or property owners association whose members include an affected paro' shah be grattted 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 office and a resolution of the board of the association authorizing said representation shah be filed with the CiO, Clerk 's office prior to the entity's request to be granted affected parO, status. Affected Parties May Request Extension of Time from City Council/Board and may object to the introduction of any evidence, whereupon, the presiding officer may rule upon the objection to the admissibility of any evidence. The CiO, Council/Board members may affirm or overrule the ruling. Persons addressing Council/Board shah 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 shah not be deemed prejudicial to the decision of the CiO, Council/Board. AH decisions of the City Council~Board on land use matters must be supported by substantial, competent evidence in the record pertinent to the proceeding, irrespective of such communications. A person who appears before the decision maldng body who is not at: affectedpar~y 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 be subject to cross-examination and is not required to qualify as an expert witness. The decision making body shah assign weight and credibilio' to such testimony as it deems appropriate. \ wp-min \ quasL pro QUASI-JUDICiAL HEARING SIGN-UP SHEET WEDNESDAY, FEBRUARY 17, 1999 99.020/98.074 A. Resolution No. R-99-04 - Major Modification to Site Plan for Exxon Gas Station J,o Chesser's Gap PUD tO Add Drive Through Car Wash (Growth Management Trolxsmittal 1/20/99, R-99-O.4. Application, Location Map, P & Z Minutes, Staff Repo~ L~gal Notice, Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A MAJOR MODIFICATION TO THE EXXON SITE PLAN WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 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 secretaryprior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures) ,a~ected Parties are the &p~lican_L_City Staff and Persons ~pt#led to Notice Under Code o! St~ttut,, A homeowners' or property owners' association whose members include an affected party shall be granted aJ~fected party status by the City 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 o. ffice prior to the entity's request to be granted a. ffected par(y status. A person who appears before the decision making body who ~ not an ojf~ctedparO~ may be allowed to testify before the decision making body, may be requested to r~spond 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. Name Address Nfl/lie Address Namo Address City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589~5330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING FOR QUASI-JUDICIAL HEARING WEDNESDAY, FEBRUARY 17, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City C9~cil Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: City Manager, Thomas Frame Interim City Manager, John Van Antwerp City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Growth Management Director, Tracy Hass Deputy City Clerk, Sally Maio pecial City Council Meeting ebruary 17, 1999 Page Two 4. QUASI,JUDICIAL PUBLIC HE3aR,rNG(S), FINAL ADOPTIOBI Resolution No, R-99-04 - Major Modificatjoll to Site Plan for Exxon Gas Station itl Chesser's Qap pl~ - Car Wash A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, APPROVING A MAJOR MODIFICATIOlq TO THE EXXON SITE PLAN WITHIN CI-IESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-04 by title and Mayor Sullivan opened the quasi- judicial heating. No Councilmember had ex-parte communication to disclose. Randy Mosby, Mosby and Associates, on behalf of the applicant, made a brief presentation to City Council. The Growth Management Director made a brief staff presentation, noting that Planning and Zoning had approved a conditional use for this project; responded to requests for clarification by Council relative to the staff report. It was noted that all references to 8336 acres should 8336 square feet, that the building height will be 14 feet, that ownership would need to be provided at time of certificate of occupancy, and that the site is not in a flood prone area. It was noted that the effective date of the resolution should be February 17, 1999. Being no other input, Mayor Sullivan closed the quasi-judicial hearing at 7:12 p.m. MOTION by Cartwright/Sullivan I move to adopt Resolution 99-04 with the amended date of February 17, 1999. ROLLCALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Approved at the Mayor Sullivan adjourned the Special Meeting at 7:15 p.m. City Clerk Mayor