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HomeMy WebLinkAbout1995 - Vision of the Riverfront Committee1 1/4/95 City Council Workshop - Riverfront Parking L 1/18/95 Special Workshop Public Notice 3 1/18/95 Special Workshop Minutes - City Manager Report on Riverfront Projects 4 1/25/95 City Council Minutes Re: R-95-04 - $5,000 Riverfront Planning Project 5 3/8/95 Citizens Advisory Task Force - Formed in Compliance with CDBG 5 4/28/95 Community Development Memo Re: Mobile Homes in IR Drive R.O.W. in Regard to ISTEA Program 7 5/1/95 ERA Letter Re: Properties for Sale - Channel 68 Marina and Stevenson B 10/3/95 P & Z Memo and Minutes Re: Riverfront Task Force 9 10/11/95 City Council Minutes Re: P & Z Recommendation River&om Task Force 10 11/29/95 City Council Business Workshop Minutes - Discussion on Formation of a Riverfront Task Force, Riverfront Consultant, Scope of Services See Separate Files for Community Development Block Grant - (vault - RIVERFRONT - CDBG) See Separate Files for Riverfront Water and Sewer Assessment (vault - WATER & SEWER - Riverfront W & S Assessment) See Separate File for Riverfront Committee Member Applications - (vault - see BOARDS/COMMITTEES - Riverfront) /'k 10*\ City Council Workshop January 4, 1995 Page Three Keith Miller, 961 Riviera Avenue, Sebastian, expressed concern for the City's lack of an engineer. B. Discuss options for the Following: (No Backup) 95.005 1. River£ront Parking The City Manager inquired whether City Council would have a problem with establishment of off-street parking on Indian River Drive. It was the consensus of City Council to use only the west side for off- street parking. He also recommended the possibility of utilizing property behind the Police Department for parking. At 10:45 p.m., Mayor Firtion adjourned the meeting. The following items were not addressed. 95.006 2. Comprehensive Land Use Plan Schedule 95.007 3. Future Workshop Sessions for Review and Revision of Outdated City Code of Ordinances 95.008 C. Direct City Attorney to Draft Ordinance Re: Minor Subdivision Plats (Director of Community Development Transmittal dated 12/29/94, P & Z Memo dated 12/2,^/,94%, Proposed Language) Approved t the-�-f�/i SKS , 1995, city Council ;74 M eting. Arthur L. Firtion, Mayor KSthryn 1i. O' Hallor", CMC/AAE - City Clerk 3 City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 PUBLIC NOTICE CITY COUNCEL CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA The City Council of the City of Sebastian, Indian River County, Florida, will conduct A Special Workshop on Wednesday, January 18, 1995, at 7:00 p.m., in the City Council Chambers, City Hall, A'1 1225 Main Street, Sebastian, Florida. The purpose of the Special Workshop is to discuss the Riverfront. Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian, Florida 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.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Py City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL WORKSHOP WEDNESDAY, JANUARY 18, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. No public input shall be allowed at a special meeting, other than during a scheduled public hearing, if any, unless otherwise provided in the meeting call. (R-93-19) 1. Mayor Firtion called the Special Workshop Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran Director of Community Development Bruce Cooper 4. RIVERFRONT PROJECT REVIEW (Riverfront District History,193 Riverfront Action Plan The following citizens addressed the City Council under Public Input: /►, Special Workshop Meeting January 18, 1995 Page Two 014` Tom Collins, 9301 A -1-A, Vero Beach; Charlie Stachel, 1698 Coral Reef, Sebastian; Dave Dabrowski, 1532 N. Indian River Drive; Ruth Sullivan, 1215 Indian River Drive; Amy Banov, President, Indian River Chapter, Institute of Architects, and Virginia King, 375 Manley Ave., Sebastian. Each expressed their ideas and opinions and replied to various questions posed by members of the City Council. Discussion followed relating to parking spaces, private property owners' rights, architectural review committee, planner for the City, etc. Mr. Koford at the request of Vice Mayor Corum explained his request for consultants. Specifically for community development block grants and related type grants not necessarily a request for planners. He noted that it is necessary for him to receive as much professional assistance as possible, however it must be the right professionalism with no personal involvement. Mayor Firtion called a recess at 8:00 p.m. and reconvened the meeting at 8:10 p.m. All members were present. The Mayor called on the City Manager for his input. Mr. Koford explained to the City Council what has happened, what is happening and what he sees that is going to happen. He stated that the area of influence (district) should be from the North City limits to the South City limits and from the Railroad tracks to the River. The city has been approved and is to be funded for construction to be started this year, hopefully on the pedestrian walkway from south city limits to north city limits on the east side of Indian River Drive. He discussed the erosion problem, and a project in conjunction with the SWIM Committee which will restore, recapture some of the land that the City has lost, and also ground work to prevent future erosion. An observation deck with a small fishing pier approximately 60 feet is also proposed. He noted that the Community Redevelopment grant could be applied to this project in total. There is also a grant called the Economic Development Grant which may be applied for, which the consultants will explain to the Council at a later date. He stated he did not feel it necessary to have a planner on board full time to start off, but did need professional planning assistance. 0-1 Special Workshop Meeting January 18, 1995 Page Three Mr. Koford elaborated on a Sector Analysis as opposed to a Needs Analysis. He also explained his "attention getters". He noted that the KEY is to tell people not what they can do but what they CAN NOT do, but allow ingenuity to come into play. In closing he asked the City Council for their patience and understanding for the time being. He noted that there must be continuity continuously from the Council. Mr. Freeland submitted a position paper from Planning and zoning Committee authored by Howard Goldstein for Mr. Koford's consideration. (See Attached). Tape II Side I (8:45 p.m.) Vice Mayor Corum questioned Mr. Koford's plans for hiring a professional planner. He stated a full time planner could not be justified at this time. He noted that there was a requirement on the Community Development Block Grant Program from HUD that there be a citizen task force involved in the target area. Being no further business to come before the City Council the meeting ADJOURNED at 8:55 p.m. 11Appro at ed at the 4J. �,4 8 ,1995, City Council I O.gj,� Meeting � �-, af -t ur L. Firtion Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 Q FAX (407) 589-5570 MEMORANDUM DATE: November 21, 1994 TO: Mayor, City Council FROM: Dorri Bosworth, Secretary Planning and Zoning Commission REFERENCE: Riverfront Development Attached is a position paper from Planning and Zoning Commission member Howard Goldstein. At its regular meeting of November 17, 1994, the Planning and Zoning Commission unanimously approved a motion to send this to the City Council. The motion adopts this as an official position of the Planning and Zoning Commission regarding the Riverfront development and their willingness to be there to proceed in any manner that may be helpful in this endeavor. --...... ... ... I.v. ,uL i, C' -L pdywb I. Preliminary matters r-� A. It's past time to move. Every day that passes without a plan risks more bad development upon our key asset, the riverfront area. The Planning & Zoning commission is the correct body to address this matter. It would be an abdication of our legal and moral responsibility to accept the specious claim that only those who live in the area need be concerned with its development. B. The current plan 1. The problem i. The present plan has clearly unacceptable elements. If this were not so, the plan wouldn't have evoked the negative responses it received, nor would council have rejected it out of hand as it did. ii. There appears to be a massive confusion as to the uses of this area. Despite comments by some proclaiming they do not want a tourist -type area, the fact is that the riverfront is already a tourist area as exemplified by the numerous bed -and -breakfasts, time share facilities, and lodging facilities existing and proposed. C. A better approach 1. Unacceptable elements crept in because the affected property owners were not part of the process. This bodes poorly for the committee council Aft, proposes to create in a few months should only the same players be involved. Planning cannot occur in a vacuum. a. We must reach out and active/v seek out those individuals who are on record as opposing the old plan, involving them in formulating a new plan. b. Compromise must be the first goal. Discussion of architectural standards and elaborate improvements is premature absent agreeable compromises on the obviously contentious matters. 2. New ideas, enhancements on good old ideas, approaches i. Staging the improvements a. Some of the improvements to be first placed must benefit all the residents so as to avoid the perception that the only business benefits. A fishing or lookout pier for example would benefit all; it and similar public -place improvements must be timed to precede or coincide with the construction of clearly commercial improvements. ruvenront l;omments - Goldstein - fo�26 Nov 94 P&Z packet - 2 pages ii. Addressing problems we're aware of a. Parking is clearly problematic in this congested area. An on-site solution for each and every business is not only impractical, it's a non-starter as it is neither viable nor desirable 1) A municipal solution need not burden city residents. We should examine the feasibility of parking meters, parking assessments levied upon only merchants, and other solutions geared towards protecting homeowners 2) Safeguards to protect developed sites should be formulated iii. Financing, generally a. External support 1) Outside funding in the form of grants from the Main St. USA program and like organizations should be sought b. Organic support 1) Tax -increment financing with a twist. Prof. Shoup of UCLA grad. school suggests that a city might defer collection of TIF assessments until the affected property is sold. At such time, the property owner recognizes the benefit of the increased value and has the ability to pay the assessment. iv. Present users a. Specific beneficial waterfront uses should be identified and supported r.k either directly with funds from TIF, exempted from TIF, or other means sought to preserve their existence. Forcing out businesses and residents that have always been on our waterfront is a valid concern and to do so would adversely change the flavor of the area. v. Architectural guidelines a. A charrette involving area residents, businessmen, planning officials, and architects should develop the guidelines b. Present users ought be excepted from new architectural standards D. Summary 1. 1 don't pretend to have all, or for that matter, any correct solutions. The intent of this outline is to spark ideas and perhaps change the direction of those interested in planning the riverfront to approaches that stand a chance of seeing daylight I_ Regular City Council Meeting January 25, 1995 Page Ten 94.260 B. RESOLUTION NO. R-95-03 - Henry A. Fischer & Sons Indian River Tree Recycling and Mulch - Special Use Permit (City Manager Transmittal dated 1/18/95, R-95-03) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT TO HENRY FISCHER AND SONS, INC. FOR A TREE RECYCLING AND MULCH FACILITY ON APPROXIMATELY 22 ACRES OF LAND; FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE INDUSTRIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 95.014 C. RESOLUTION NO. R-95-04 - Authorizing Expenditure Not to Exceed $5,000.00 - Riverfront Planning Project (R-95-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AN EXPENDITURE NOT TO EXCEED $5,000.00 FOR A RIVERFRONT PLANNING PROJECT, TO BE ADMINISTERED BY THE CITY MANAGER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. 95.018 D. Easy Street Bikepath Bids - Reject All Bids and Rebid Project (Engineering/Public Works Transmittal dated 1/13/95, Bid Tabulation, Bid Documents) 95.019 E. Bid Waiver - Concrete Pipe Installation - Side Culvert Ditch - Southern Culvert - $8,824.24 (Engineering/Public Works Transmittal dated 1/10/95, R-93-35, Application and Agreement Forms) 95.020 F. Sebastian River High School Athletic Department - Request Use of Sebastian Municipal Golf Course as "Home Course" - Practice and Match Play - 2-3 Times Per Week After 2:30 p.m. Through May 5, 1995 (City Manager Transmittal dated 1/18/95, SRHS Letter dated 12/16/94) OMN 10 Regular City Council Meeting January 25, 1995 Page Eleven 95.021 G. Craft Club - Request Use of Riverview Park - 4/l/95 (4/2/95 Raindate) and 5/6/95 (5/7/95 Raindate) - Standard Conditions (City Clerk Transmittal dated 1/10/95, Deyter Letter) 95.022 H. Sebastian Lions Club - Request Use of Riverview Park - Spring Steak Dinner - 4/8/95 - 3:30 p.m. to 6:30 p.m. - Standard Conditions (Director of Community Development Transmittal dated 1/17/95, Anderson Letter dated 1/11/95) The City Manager read the consent agenda. Mr. Freeland and Vice Mayor Corum removed items E and F. MOTION by Corum/Oberbeck I move to approve items A, B; C, D, G and H. The City Attorney read titles for Resolution Nos. R-95-03 and R-95-04. Mayor Firtion then removed item B (R-95-03) due to a name on the public input signup sheet. A Vice Mayor Corum changed her motion to delete item B. ^ Mr. Oberbeck concurred. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye G_ MOTION CARRIED 5-0 Item B Randy Mosby, engineer for applicant Henry A. Fischer, requested reconsideration of item 9 0£ Resolution No. R-95-03 requiring site plan approval before Planning and Zoning. Mr. Oberbeck recommended that if conditions have been met there should be no delay in allowing the applicant to proceed. 11 CITY OF SEBASTIAN CITIZEN ADVISORY TASK FORCE FOR 1994/95 CDBG PROGRAM The following citizens are hereby appointed to serve on the Citizen Advisory Task Force: 1. Name: George Reid Address: 202 Delmonte Road, Sebastian, FL 32958 2. Name: Anthony Donini Address: 673 Bayfront Terrace, Sebastian, FL 32958 3. Name: Ruth Sullivan Address: 1215 Indian River Drive, Sebastian, FL 32956 4. Name: David Dabrowski Address: 1532 North Indian River Drive, Sebastian, FL 32958 5. Name: Stanley Rrulikowski Address: 482 Azine Terrace, Sebastian, FL 32958 Approved by governing body the day of 1 IfikcL , 19 q5-. IAA honzed Representative Joel L. Ko£ord City Manager City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 MEMORANDUM DATE: April 28, 1995 TO: Joel L. Ko£ord City Manager FROM: Bruce Cooper Director of Community Development REFERENCE: Status Report on Mobile Homes within Indian River Drive Right -of -Way As requested, below is a chronological list of events regarding the above referenced matter: 1. After our meeting with the engineering consultants for the ISTEA enhancement project for Indian River Drive, it was determined that four (4) mobile homes within the right-of-way must be removed in order to provide for the proposed improvements. Prior to notifying the owner of the trailer park, I requested a legal opinion from Mr. Williams regarding the city's legal standing in requiring removal of the trailers within the right-of-way. Mr. Williams had determined that the City had proper grounds to request the removal of the trailers and it would be a civil matter between the owner of the park and the tenants regarding any liabilities or requirements imposed by the owner by Florida Statutes. 2. On February 14, 1995, I sent a letter to Mr. Cortese of Good 1 Guys, Inc. (owner of Sebastian Mobile Home Park) to advise him of the pending project and provided him with a copy of the survey which indicates the improvements within the street right -o£ -way. had requested Mr. Cortese to contact my office within 10 days to discuss the matter. On February 22, 1995, Mr. Cortese called and set up a meeting at the site on February 23, 1995 at 3:30 p.m.. 3. On February 23, 1995 at 3:00 p.m. I met with Mr. Cortese and a couple of the tenants to go over the survey and discuss the situation. 4. After discussing the situation with both the tenants and Mr. Cortese, I advised them that I would check with our consulting engineers that are preparing the design of the sidewalk and bike paths to determine whether or not the improvements could be located to not interfere with and/or require the removal of the mobile homes. Unfortunately, I was informed by Mr. Jim Ritchey of Greenhorn & O'mara, Inc. that a minimum separation of 10 feet from edge of the asphalt to the edge of the sidewalk must be maintained pursuant to FOOT minimum standards. This would not provide adequate room and actually would interfere with the existing location of the mobile homes. Since this project is being funded and approved by FOOT, this standard must be adhered to in order for the City to pursue the construction of the improvements. S. On March 17, 1995, I sent a letter to Mr. Cortese informing him of the decision from the consulting engineer that it would not be possible to redesign the improvements and required Mr. Cortese to come up with a plan of action within 14 days from receipt of the letter to remove the improvements within the city right -of way. 6. On April 5, 1995, I received a phone call from Angela Dillard from the law office of John F. Colowich indicating she is representing Mr. Cortese. She then proceeded to set up a meeting on April 19, 1995, at 9:30 a.m. to discuss the situation with me. I also received a letter requesting to extend the deadline. NOTE: During these events, I had been in contact with several tenants to keep them up-to-date regarding this matter. I subsequently advised them of the meeting on April 19th at 9:30 with the attorney and Mr. Cortese. On my calendar I had indicated "trailer park" which is where I had thought the meeting was to take place. I had advised the tenants that I would be there and presumed the meeting was opened. Unfortunately, just as I was leaving on April 19th, the owner and his attorney showed up at my office indicating the meeting was at my office and they were not willing to open the meeting to the tenants. 7. On April 19, 1995, at 9:30 I met with Mr. John Colowich, ^ Angela Dillard and Mr. Cortese to discuss their plan of action. AMN Basically, their position was that they felt they had a legal standing but, would cooperate in removing the trailers out of the right-of-way within the next 120 days. They had also advised that they believe the only liability Mr. Cortese had was to the relocation of the mobile homes but, not any attachments such as screen enclosures or other additions. I had advised them that this was a civil matter between the owner and the tenants. They also advised me on various methods to either remove or relocate the mobile homes on the park property but, asked for me not to disclose any of the information at this time until they had a chance to discuss this with the tenants on a one-to-one basis. After the meeting, I did call/or discuss this matter with a couple of the tenants and tried to inform them with vagueness of what was going on. At the conclusion of our meeting, I requested Mr. Colowich to submit their proposal in writing in order for staff to review and make a determination of their proposal. S. On April 26, 1995, I received a letter dated April 26, 1995, via fax from Mr. Colowich. It seems now that the owner has done has done a 180° turn and now is requesting a five year period to remove the mobile homes and ask for the improvements to be relocated to compensate for the mobile homes to be there. Mr. Colowich also indicated that the owner would be willing to reconstruct the improvements to its proper location, at his expense, once the mobile homes were removed. After receiving this fax, I contacted Angela Dillard to find out what was going on regarding this matter. She basically reiterated her position that was outlined within the letter. Since the owner will be out of town until next week, I've asked Angela Dillard to contact me on Thursday May 4, 1995, to discuss this case. As previously stated to both the attorney and owner, the City is willing to allow as much time as possible depending on the pending construction date. I will be contacting the consultants to get an update regarding a tentative schedule for construction. This ends the report. �. ERA®- MID-FLORIDA REAL ESTATE, INC. MAY 1, 1995 CM. ITYJMANAGERORD R'L sts CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 DEAR MR. KOFORD, IN ACCORDANCE WITH OUR TELEPHONE DISCUSSION ON TUESDAY, APRIL 25TH. I HAVE PREPARED INFORMATION ON PROPERTIES MY FIRM IS NOW HANDLING FOR SALE AND PURCHASE. NOW THAT THE CITY OF SEBASTIAN IS MOVING AHEAD WITH THE DEVELOPMENT OF THE RIVERFRONT ON INDIAN RIVER DRIVE, THE CITY MAY WANT TO CONSIDER THE PURCHASE OF THESE PARCELS WHICH ARE STATEGICALLY LOCATED ADJACENT TO CITY PROPERTY. ENCLOSED PLEASE FIND INFORMATION PERTAINING TO RICHARD FEY'S PROPERTY AKA CHANNEL 68 MARINA, AND MRS. HAZEL STEVENSON'S PROPERTY ALONG WITH THE NECESSARY DATA. O\ AT THIS TIME MY CLIENTS WOULD PREFER THE CITY PURCHASE THESE PROPERTIES BEFORE THEY ARE ACTIVELY MARKETED TO THE PUBLIC. IF YOU FEEL THAT THE CITY COUNCIL MEMBERS MAY HAVE AN INTEREST, PLEASE PUT US ON THE COUNCIL'S NEXT AVAILABLE MEETING AGENDA FOR DISCUSSION. THANK YOU IN ADVANCE FOR YOUR TIME AND CONSIDERATION. 6 GILLIAMS DA REAL ESTATE, INC. CC4'MAYOR ARTHUR FIRTION VICE -MAYOR CAROLYN CORUM NORMA DAMP LOUISE CARTWRIGHT RAY HALLORAN /CCEeKr o`�G,cr SEBASTIAN EXECUTIVE BUILDING • 7623 N. U.S. #1, SUITE A-5 • SEBASTIAN. FLORIDA 32958 • 407-589-4377 • FAX: 407-589-8907 .� w. ERA, 15T IN SERVICES" Exhibit "A" Lot. 12, 13 and 14, Block 2 and Lot. 22 and 23, Block loftA 2, EDGEWATER PARR SUBDIVISION, Indian River County, Florida, as recorded in Plat Book 1, Page 23. AND PARCEL I; R parcel of land lying in Section 6, Towuahip 31 South, Range 39 East, Indian River County, Florida, more particularly described as follows: From the Southwest corner of the Southwest one-quarter of the Southeast one-quarter of said Section 6, run East along the Section line a distance of 1377.44 feet to the centerline of U.S. Highway 1, thence run Northerly along said centerline a distance of.. 1296.30 feet to the South right of way of Cleveland Street, as shown on the plat of Edgewater Park Subdivision, as in Plat Book 1, Page 23, Indian River County, Florida records; thence run aLong the South right of way of Cleveland Street and the projection of same a distance of 795.84 feet to the West shore of the Indian River and. the Point of Beginning; thence meandering said west shore in a Northerly direction a distance of 40.40 feet to the North Line of Block 1, Edgewater Park Subdivision, thence run S 70 degrees 45 minutes W to the Easterly right of way of Indian River Drive; thence run S 25 degrees 10 minutes 30 seconds E along said Easterly right of way of Indian River Drive to tl:e South right of way of Cleveland Street a distance of 40.48 feet; thence run H 70 degrees 45 minutes E to the Point of Beginning. AND PARCEL II; A parcel of submerged land in the Indian River in Section 6, Township 31 South, Range 39 East, Indian River County, Florida, more Particularly described as follows: /ft, From the Southwest corner of the Southwest one-quarter of the Southeast one-quarter of said Section 6, run East along the Section line a distance of 1377.44 feet to the centerline of U.S. Righway No. 1, thence run Northerly along said centerline a distance at 1286.30 feet to the South right of way of Cleveland Street, as shown on the plat of Edgewater Park Subdivision, as in Plat Book 1, Page 23, Indian River County, Florida records; thence run along the South right of way of Cleveland Street and the projection of same a distance of 795.84 feet to the West shore of the Indian River and the Point of Beginning; thence meandering said west Shore in a Northerly direction a distance of 40.40 feet to the North Line of Block 1, Edgewater Park Subdivision, thence run 11 70 45' E a distance of 190.0 feet to tl:e Bulkhead Line as established; the,,.. run S 20 45' E a distance of 40.50 feet to tf:e Sebastian Yacht Club; thence run S 70 45'W along the North line of the Sebastian Yacht Club a distance of 190.0 feel_ to .the Point of Beginning. PARCEL I a II SUBJECT TO a perpetual easement of the South 5' of the above-described properties. Said easement foringress and egress to install a new seawall or repair the existing bulkhead located on the adjacent lot owned by the City of Sebastian which seawall or bulkhead or any part thereof shall be permitted to be located within the South two (2) foot of the easement area. Said easement is far the use and benefit of tl:e City of Sebastian and the public. /"1 j/ s<Y J /•.e. �. . re. 7s.. 1,h I 9 ..a. acs• _ 3M L -,i i` 1 :..>; •..' %H i, - �/r. vo %,moi t) //2. eo'(.ve<�J ---, /� _ Fa. / ••may. mr3 $0 .�$ f _ •:..e. c. -I � may- -'rc pB Yom' � Loi /2 r � w rr.o ✓� � r"6ufamcot oJoodon<V Nam � h nrE r"o= Jiiso I T za,. Iie Na_ z -9r -r9 Pero�� d V -!� ' • c.....�.r j.Nl'll ... o. .gar pg. rola ,p I � "v�ai c'' 4 _a.3e•t L9: ea ''. �• ` Two Sro.z . \ 1I�1 c . 1 • �.. r. tla.= 8.or � 9a. $a _ 0 v R Lot eZ cal 2a ie;l'� Lot 14 h y kp s ' t zazz2. as'�n� ) /. eo r. 0 �` a yTf1 r NoIsdr� ��' w% C4 K «1,Wb t -6y PROPERTY DATA SITE DESCRIPTION The subject property is considered to be a marina. Typically, a marina has a site that consists of two parts. the first part is called the uplands Portion. This is the. dry Portion which parking and imorovements are built on. The second Portion is the submerged land area. This is the area of land that is beneath the water surface and is where the boat slips are developed. The submerged land is almost always leased from the Department of Natural Resources or some other local or state governmental body. The subiect upland site is a 125 foot wide by 210 root deep parcel of land that fronts Indian River Drive as well as the Indian River. The site is level and dry and was built up to its current status a number of years ago. The site has a total area of 26,250 sauare feet. The submerged lands portion measures 125 feet by 510 feet deep and is leased from the Department of Natural Resources. The lease allows for the use of the submerged lands as a marina in perpetuity. DIMENSIONS: UPLANDS: 125 FEET x 210 FEET SUBMERGED LANDS: 125 FEET x 510 FEET AREA: UPLANDS: 26,250 SF SUBMERGED LANDS: 63.750 SF SHAPE: RECTANGULAR ROAD FRONTAGE: 125 FEET ALONG INDIAN RIVER. DRIVE ROAD ACCESS: INDIAN RIVER DRIVE ROAD SURFACE: BITUMINOUS CONCRETE TOPOGRAPHY: BASICALLY LEVEL PROPERTY DATA - Continued: /"�k DRAINAGE: Appears adequate FLOOD ZONE: According to the FEMA Panel n12061C0077, the subject is in Zone AE, an area where base flood elevations have been determined. The Flood Plain Map is found later in this section. WATER: City water is available SEWER: City sewer is available SOIL COMPOSITION:Immokalee - Urban Land Complex ELECTRIC: Provided by Florida Power and Light TELEPHONE: Provided by Southern Bell ZONING: GMC - General Marine Commercial EASEMENTS: None noted SERVICE SECTOR: City of Sebastian FUTURE LAND USE SECTOR: Mixed Use 'DETRACTING INFLUENCES: None noted. A copy of the subject's tax map is included on the following page for the reader's convenience. 39 SUBJMT Tax MAP • ,yo UPLANDS . N' rowNNUMESPARA Nan.,., �.. \�20 a�•�0 •z� 1p V.L.% a o P1 II P City of Sebastian 1225 MAIN STREET c SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 c FAX (407) 589-5570 MEMORANDUM DATE: October 3, 1995 TO: Mayor, City Council FROM: Dorri Bosworth, Secret Planning and Zoning Co sion REFERENCE: Riverfront Task Force At its regular meeting of September 21, 1995, the Planning and Zoning Commission discussed developing architectural standards for the Riverfront Task Force as suggested by City Council at its meeting of August 9, 1995. Mr. Goldstein made a motion that the Planning and Zoning Commission transmit to City Council the minutes of their discussion (attached) on the Riverfront Task Force and the following message: The Planning and Zoning Commission respectfully declines to participate in a Riverfront Architectural Standards Document pursuant to the Comprehensive Plan - Goals, Objectives, and Policies; objective 1-1.2 and Policy 1-1.2.4. The Planning and Zoning Commission strongly urges that City Council refrain from piece -meal strategies on the riverfront and proceed with all possible expedience the final review and adoption of a comprehensive and well -integrated plan for the Riverfront District. Mr. Schulke seconded the motion. A roll call was taken, and the motion was approved 7-0 by all members. 7,J- 1"k PLANNING a_ND F.ONING COMMISSION PAGE FOUR REGULAR MEETING OF SEPTEMBER 21. 1995 Mr. Fischer suggested at a future meeting that the language of the minor modifications to site plans be looked at with more detail and any conflict be resolved. DISCUSSION - RIVERFRONT ARCHITECTURAL REVIEW BOARD Chmn. Thompson reviewed that at its August 9th meeting City Council discussed establishing a Riverfront Task Force to come up with architectural standards for riverfront development and questioned if the Planning and Zoning Commission would like the responsibility? Mr. Goldstein discussed his feelings regarding the time Planning and Zoning has already spent on the Riverfront Development and the lack of anything being done. He reviewed the Sebastian Architectural Review Ordinance dated/revised 3/19/90 and reminded the Board of Policy 1-1.2.4 of the Comprehensive Plan (Goals, Objectives, and Policies) which states the direction the City would like to take the Riverfront Development. He stated he does not like to see the riverfront being developed in a piece -meal way and that City Council needs an integrated plan. He would not like to see the Planning and Zoning Commission take responsibility. Ms. Rilkelly stated she would like to see Planning and Zoning accept the task but, develop the architectural standards in a modified form. She liked the format of the Wabasso Corridor Plan. She suggested creating an 'overlay district" which would keep the requirements of the "core" zoning district such as GMC and then super -impose special requirements just for the riverfront. If the Board came up with a plan similar to the Wabasso Plan, permitted and conditional uses, suggested architectural designs, and the like could be listed within that document. Mr. Fischer was in favor of attempting the task but has concerns about restricting types of allowed businesses. He felt the Board should only look at architectural suggestions but didn't know how to enforce existing buildings to adhere to those suggestions too. He did agree with Mr. Goldstein that the Riverfront Development should be done all together and not piece-mealed. Mr. Johns and Mr. Barnes also agreed with Mr. Goldstein. Mr. Barnes stated that alot of time has been already been spent on the Riverfront, but now that the Block Grant for the Riverfront Redevelopment is approaching someone has to do something and he wouldn't mind if Planning and Zoning approached it. Chmn. Thompson did not want to see the suggested standards become /� a color scheme ordinance. PLANNING AND ZONING COMMISSION PAGE FIVE REGULAR MEETING OF SEPTEMBER 21, 1995 Mr. Barnes felt the Board should ask City Council to be more specific in what they actually wanted. Mr. Fischer suggested the City Council revisit the Riverfront Study to determine if that is what they wanted or would like anything changed. Mr. Goldstein made a motion that the Planning and Zoning Commission transmit to City Council the minutes of this discussion on the Riverfront Task Force and the following message: The Planning and Zoning Commission respectfully declines to participate in a Riverfront Architectural Standards Document pursuant to the Comprehensive Plan - Goals, Objectives, and Policies; Objective 1- 1.2 and Policy 1-1.2.4. The Planning and Zoning Commission strongly urges that City Council refrain from piece -meal strategies on the Riverfront and proceed with all possible expedience the final review and adoption of a comprehensive and well -integrated plan for the Riverfront District. Mr. Schulke seconded the motion. Roll call was taken. Chmn. Thompson YES Mr. Goldstein YES Ms. Brantmeyer YES .--% Mr. Barnes YES Mr. Johns YES Mr. Fischer YES Mr. Schulke YES The motion was approved 7-0. DISCUSSION - QUASI-JUDICIAL PROCEDURES Mr. Williams reviewed the change to the Florida Statutes regarding ex -parte communications, site visits, investigations, and expert opinions used in quasi-judicial matters. According to the new statutes, each member must disclose any site visits, investigations, etc. at each quasi-judicial hearing. The attorneys also streamlined the procedures so that the applicant and affected parties were questioned by both proponents and opponents at one time. Ms. Eilkelly noted that Section 5 requiring any person who wanted to make a presentation or comment on any item needed to sign up with the City Clerk's office prior to the hearing. This should be re -written. Mr. Fischer questioned if the Board was bound to allow public input, as in Section 2(j)? Previously, the Board had voted to allow public input only at the Board's discretion for site plan reviews. Mr. Williams stated any member of the public could speak "where public comment is allowed" as it stated in that subsection. Regular City Council Meeting October 11, 1995 Page Eight ROLL CALL: Mrs. Damp - aye Mr. Halloran - absent Mayor Firtion - aye Vice Mayor Comm - aye Mrs. Cartwright - aye MOTION CARRIED 4-0 95.174 2. interview Annlicants and Annoint to the Alternate Concerned Citizen Position - Term to Expire 9/30/98 - Board_ Recommends Harold D. Smith MOTION by Corurn/Cartwright I move to approve Harold D. Smith to the appointment of the alternate concerned citizen position term to expire 9/30/98. ROLL CALL: Mr. Halloran - absent Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 4-0 B. PLANNWG AND ZONlh CESSION 95.175 1. Recommendation - Riverfront Task Force (P & Z Memo 10/3/95. Minutes Excerntl The Director of Community Development reiterated Planning and Zoning recommendation that it did not wish to act as the River&ont Task Force. Mayor Firtion suggested setting up a workshop to further address the matter and Mrs. Cartwright suggested reactivating the Community Redevelopment Citizen Advisory Task Force. The City Manager said a separate Architectural Review Board could be established, but that the Task Force should participate. Regular City Council Meeting October 11, 1995 Page Nine Vice Mayor Corum further recommended that a workshop be set up as soon as possible. It was the consensus of City Council to schedule the workshop for January 17, 1996. 1 1 7 1�1 r r 95.164/ A. RESOLUTION NO. R-95-58 - Brian E. Barry Airport Lease (City 94.208 Manager Transmittal , R-95-58, Lease, Tabled from 9/27/95) Motion Required to Remove from Table A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER ^— COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND BRIAN E. BARRY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Cartwright/Damp I move that we remove this from the table, Resolution No. R-95-58. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - absent 13 161P0[4)m4fll:73WIMI R OWN City Council Business Workshop November 29, 1995 Page Two permissive license not a mandatory license. He recommended the license be maintained to assure some control of businesses in the City. He noted it is costing twice the license revenues to police the system. 2) Not in Touch with Businesses, He responded to a statement that the City is not in touch with business, recommending a hotline whereby people could determine what City jobs, contracts, etc. are available. 3) Tammv Wvnrtte Concert. He had no comment on the Tammy Wynette concert. (Scheduled for Sebastian River High School - 12/1/95) 4) Business Sales Off. No further comment was made. 5) Taxes. He stated that ad valorem tax bills include all of Indian River County taxing authorities and some people do not realize this. 6) Ernnnmic Develonment. He urged cooperation between the Council of 100 and City of Sebastian. 7) Piannine Exner ise. He stated the City Planner application cut-off is November 30, 1995. 8) Council I00/Business Action Team. See 96 above. 9) Zonine/Parkine. He said staff will look at the parking ordinance relative to strip shop malls with doctors' offices. 10) Sebastian Riverfront . He said with Community Development Block Grant funds and the new City Planner work can begin on establishing a master plan for the Riverfront District. He listed the projects which will be completed as a result of receipt of the grant and stated that ordinances will have to be readdressed. City Council Business Workshop November 29, 1995 Page Thee 11) Businesses on Louisiana Avenue Not Recognized. Not sure what means. Have been waiting for twin pairs to be finalized so we can correct drainage concerns on Louisiana Avenue. 12. Home Occunational Licenses. Review closer. 13) Scrub mays. He said staff is doing all it can at this time. 14) High Street Concerns. He noted that the Public Works Director will address concerns regarding paving. 15) Building Aesthetics/Sums. He suggested having a separate group address signs, using the services of the planner. He then stated that he worked on an ad hoc committee relative to coastal 100'` zone management and noted that due to storm possibilities there is a move to reconsider signs. 5. PUBLIC INPUT Tom Collins, Captain Hiram's, and 9301 AIA, Vero Beach, former member of Riverfront Committee; and Warren Dill, 11675 Roseland Road, former member of Riverfront Committee, urged sound development of the Riverfront district by implementation of a master plan. Mr. Dill recommended hiring a consultant. 6. ACTION - ON Council To Consider Setting a Timetable for the Prioritv items: Direction to the Citv Manager for Snecific Plan of. Action. if Required Mayor Firtion agreed that a plan needs to be implemented for the Riverfrout and that hiring a professional is a viable option. W i+ City Council Business Workshop November 29, 1995 Page Four Vice Mayor Coram inquired whether the City Manager could work on finding money in the budget for planning services prior to the January 17, 1996 Riverfront workshop. She suggested that business groups form a partnership to determine what is needed in the City. TAPE I - SIDE II (8:35 p.m.) Mrs. Damp concurred with the need to set a timetable for a plan. Mrs. Cartwright inquired how much time the City Manager needed to obtain proposals. The City Manager said he could obtain letters of interest. The City Attorney recommended certain mechanisms to begin development of a plan. He said a scope of services should be developed after obtaining community consensus. �. Tom Collins agreed and suggested formation of a committee to determine a scope of services. Mrs. Cartwright requested an update on Airport Drive West. The City Manager said permits have been received, construction drawings have been received and all will be submitted to the City Clerk for advertisement. Mr. Halloran said he would like to see the Exchange Club involved as well as a representative of Council and staff to move ahead to establish'a scope of services. He inquired, if natural gas becomes available, whether people along Indian River Drive might want to participate prior to the paving and installation of sidewalks. The City Manager said he would recheck commitments on the CDBG, inventory what is present and what is needed and.then move ahead with development of a scope of services. The City Attorney said he would work with the City Manager. Mrs. Cartwright inquired whether a task force could be put in place at this time and the City Manager said it could be. r.. BONN �t v ,,Ojji �\W—w i/t\ Z • City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL. SPECIAL MEETING WEDNESDAY, OCTOBER 1, 1997 CITY COUNCIL, CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:09 p.m. The Pledge of Allegiance was recited Citv Council PnmenL Mayor Walter Barnes Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan City Council Absent: Vice Mayor Richard Taracka (excused) Staff Present - City Manager, Thomas Fmme City Clerk, Kathryn O'Halloran City Attorney, Valerie Settles Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio Special City Council Meeting October 1, 1997 Page Two 4. SPECIAL MEETING ITEMS (Comm Tit hvelnnment A RESOLUTION OF THE CrrY OF SEBASTIAN, MIAN RIVER COUNTY. FLORIDA, ACCEPTING THE RECOMMENDED PLAN OF ACTION FROM THE RIVERFRONT ADVISORY COMMTITEE; STATING THAT THE ACCEPTANCE DOES NOT SRT CITY COUNCIL POLICY; PROVIDING DIRECTION TO THE STAFF; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE The City Attorney read Resolution No. R-97-60 by title only MOTION by Camvright/Sullivan I move to approve Resolution 97-60. ROLL CALL: Mr. Taracka - absent Mrs. Cartwright - aye Mr. Paul - aye . n Mrs. Sullivan - aye Mr. Bames -aye MOTION CARRIED 40 5. Being no further business, Mayor Bames closed the Special Meeting at 7:15 p.m. Approved at the . 1997, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Walter W. Barnes Mayor 2 RESOLUTION NO. R-97-60 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE RECOMMENDED PLAN OF ACTION FROM THE RIVERFRONT ADVISORY COMMITTEE; STATING THAT THE ACCEPTANCE DOES NOT SET CITY COUNCIL POLICY; PROVIDING DIRECTION TO THE STAFF; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Council appointed a Riverfront Advisory Committee made up of residents and business owners in the City; and WHEREAS, the Riverfrom Advisory Committee has held thirty-three public meetings soliciting public input and developing a consensus on recommendations for preserving the character of the Riverfront Area of Sebastian; and WHEREAS, the Riverfront Advisory Committee has prepared a recommended Plan of Action and has presented it to the City Council, and WHEREAS, the City Council has had two public workshops discussing the recommended plan of action, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOIRDA, as follows: SECTION 1. ACCEPTANCE OF RECOMMENDED PLAN OF ACTION: The City Council of the City of Sebastian accepts the Riverfront Advisory Committee's Recommended Plan of Action. SECTION 2. POLICY: A. The acceptance of the Recommended Plan of Action does not establish policy of the City Council. Separate City Council action on each of the recommendations is required to establish City policy. B. While the Recommended Plan of Action does not directly address the location of /1 gambling ships in the Riverfront Area, the City Council hereby establishes that it is the policy of the City to oppose the location of such ships in Sebastian. C. It is the policy of the City Council that the statement that "the City should encourage the removal of exotic vegetation such as Braalian Peppers and Australian Pines" in Recommendation #12, does not limit now nor in the future the current City requirement that such trees be removed at the time of clearing, SECTION 3. DIRECTION TO STAFF: The staff is hereby directed to proceed with the development of ordinances, resolutions or procedures for the City Council's consideration to implement the recommendations of the Recommended Plan of Action. SECTION 4. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 5. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. ^ e fore oing Resolution was moved for adoption by -Councilmember [ The motion was seconded by- Councilmember Z=dL and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes q / Vice -Mayor Richard Tarackam,�f Councilmember Louise R Cartwright 1 -0 Councilmember Larry Paul O� Councilmember Ruth Sullivan 0 The Mayor thereupon declared this Resolution duly passed and adopted this/,gr day of 1997 City of Sebastian, Florida BY: u\1l'"r Walter Barnes, Mayor CMC/AAE Kat ul yn M. iIalloran, CMCJAAE (Seal) .. Approved as to Form and Content: Valerie Settles City Attorney /►, i OqC! oQ P Op 4 City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, OCTOBER 1, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALLAGENDA nENSMAYBEINSPECTED MTHEOFFICEOFTHECITYCLERE-1225WINSTREEr, SFR4STL4N. FLORIDA No public input lsallowed al a.Special Meeting unless approved by majority vote afCIV Council at the beginning of the SpecialMeeling (in accordance will, R-97-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. SPECIAL MEETING ITEMS 97.202 A. A&nt Resolution No R-97-60 - Amentine Riverfmnt Advisory Committee Recommended Plan of Action Renuirine Establishment of Those Policies by Senarate Council Action and Statine Certain City Poliev Re- Gambline Shins and Removal of F,xotic Veeetntion (Cnmmunim Develonment Director Transmittal 9/19/97_ R -97 -CO) A RESOLUTION OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA ACCEFONG THE RECOA4MENDED PIAN OF ACTION FROM THE RIVERFRONT ADVISORY COMMITTEE: STATING THAT THE ACCEPTANCE DOES NOT SEFCITY COUNCIL POLICY; PROVIDING DIRECTION TO THE STAFF; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISIONMDE B)'THE CITY COUNCIL 117TH RESPECT TOANYMATTER CONSIDERED AT THIS MEETING (OR HEARING) HILL NEED RECORD OF THE PROCEEDINGS AADAMY NEED TO ENSURE THATA VERBATIMRECORDOFTHEPROCEEDINGS 1SAIADE. WHICHRECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL IS TO BE HEARD. (286.0105F.S.) INCOMPLIANCE WITH THEAAIERICANS IVITHDISABIL/TIESACT (ADA), ANYONE WHO NEEDSA SPECIAL ACCOAR40DA77C FOR THISAIEETING SHOULD CONTACTTHE CITY'SADA COORDINATORAT S89-5330ATLEAST 48 HOURS INADVANCE OF ^THISAIF-E7TNG. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings (M�4y "Myr �„ City of Sebastian, Florida Subject: Accepting Riverfront Advisory Agenda No. % /• 262 Committee Recommendations Department Origin: Community Development Approved for Submittal by: (RIIv1 Q6J Date Submitted : September 18, 1997 For Agenda of. September 25, 1997 Exhibits: Resolution R-97-60 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY The Riverfront Advisory Committee has completed there recommendations for the City Council. The recommendations are summarized in a recommended Plan of Action. The plan includes thirteen recommendations. The City Council has held two workshops on the Recommended Plan of Action and has directed the staff to prepare a resolution accepting the Plan. RECOMMENDED ACTION Approve resolution R-97-60. Press Journal, Sunday, August 31, 1997, 9A J Tourism Called Good, If It's Controlled By COLLEEN DESLAURIER Pres Jounul slaRtvriter Many Sebastian residents see their city as a sleepy little town with plenty of sunshine in the win- ter and great fishing In the Indian River. But those qualities also attract tourists to the town. While the city mostly is filled with residential neighborhoods and retail stores, businesses along the riverfronl such as the Lady Dolphin and Mel Fisher's Trea• sure Museum; and restaurants, such as Hurricane Harbor and Capt. Hiram's. depend on more than just residents to keep their dears open, Sebastian Chamber of Commerce President Ed Moore said. Tourists are needed, he said. "If they strictly relied on resi- dents In the town, they'd all fail. We need (the visitors) to keep businesses going." Moore said. "Even though most people think this is a sleepy little town, there are really a lot of tourist -related activities that go on in this town" Residents and business owners said tourism development and growth on the riverfronl need to be controlled so the city never be- comes a Fort Lauderdale or West Palm Beach. Keeping the city peaceful and watching development to make sure Sebastian doesn't lose its laid-back feeling is a priority among residents. "I think it's very Important it doesn't gel overdeveloped," Coun- cilwoman Ruth Sullivan said. "That's what makes Sebastian a success now." Requiring businesses to keep some open space on their prop. erty and making sure there Is ad. equate parking are some ways to control growth, she said. The city's seven -member river - front committee recently released Its recommendations for devel- opment in the riverfronl district. which includes all property cast of the railroad tracks within city limits. That report recommends keeping growth under control and preserving the district as a scenic old -Florida fishing village. Sebastian Property Owners As. sociation President Harry Thomas agreed development needs to be controlled by the city so Sebastian doesn't become a big tourist town. "The riverfront plan needs to be carefully scrutinized by the citi. zens," he said, to make sure it avoids overdevelopment. Capt. Hiram's owner Tom Col. lins, who served as chairman of the committee, said it's critical that some of the provisions in the plan be adopted so growth is ad- equately controlled. "Without it, you have a situation where anything could be built. We've got to maintain the charm of the city," he said. But the limitation of the city's tourism industry may come from the physical barriers of the city It- self, without any help from city officials. The size of the town and the limited property along the riverfronl may be the biggest bar- rier to Sebastian becoming a Mecca for tourists. "Sebastian isn't all that big," Thomas said. Several years ago, City Council approved Collins' plans to build a hotel and miniature golf course near his restaurant, but those fa- cilities never materialized. He said he's now• undecided whether they will be built. but didn't want to comment on the reasons why. Several tourism -related tenants — ranging from boat and per. sonal watercraft rentals to par- asailing — rent space from Capt. Hiram's. Sebastian Mayor Walter Barnes said there's not enough to do in Sebastian to keep tourists inter. ested and probably won't be in the future because there's not much to develop. "A tourist town's got an awful lot of hotel rooms. a lot of things to keep people busy," he said. "I don't sec it as an area where a large number of people are going to come for two weeks." Steven Wild. the owner of Davis House In Sebastian, who also served on the Riverfront Commit. tee, said tourism most likely will stay as it is now. "I don't think it'll ever be a big tourist area. I sec more of neat little shops, neat little restau. rants. with a seaside feel to it." Overdevelopment would hurt the city's laid-back feeling, any- way, business owners said. "I think that's part of the charm," Skydive Sebastian's chief instructor Mick Hall said. "It's quiet if they want It that way. Not everybody wants to be In a big town." More than 6,000 people visit Skydive Sebastian each year, with more than 70 percent coming from overseas on vacation, he said. Most people slay for two or three weeks, he said. While some camp at Skydive's camping area, most stay in area hotels. "(Sebastian's tourists) don't want to go to a place where people are running over each other." Wild explained. Many of Wild's guests are from small towns and are looking for places similar to their own home. town to relax in the sunshine.Oth- ers are from south Florida looking for a place to get away from the larger cities. "That's what attracts them," he said. "The fact there isn't a whole lot going on." I r� 00N\ 8A, Press Journal, Tuesday, September 2, 1997 'Give light and the people will find their own way." J.F. Schumann (1668-1986) ............................Founder ., I J.J.Schumann (1696.1989).............................Fender J.J. Smwnam Jr.............................Puhislier Emeritus Press Journal FOUNDED 1919 Editorials Darryl K. Kicks .................. Presidentigeneral Manager Larry Reisman .................................................... Editor Edo German..................................Opinion Page Editor Tom Dickers ................ C'udAatkrWrodretion Director M" E. Adkins .............. llsplay AMerl Manager Karen Clybum..............Gassi6ed Advertising Manager SUBSCRIPTION RATES For Comment Home Defvery 5697100 Home Delivery, Year........................................$t 12.00 Here Delvery, 6 Months...................................$59.70 Mai -7 Papers, Year......................................$192.00 Mai—Wed. A 9m., Year ..................................$72.00 Canada—Wed. a Sun., Year N.S. Doll ..... $156.00 Crazy Criticisms Some pretty wild criticisms of the Sebastian Riverfront Committee recommendations have been bandied about lately. Among the most absurd are that the plan Invites riverboat casinos to the area (it doesn't) or that It will have the city buy lend for exclusive business use (it won't). What could be next from the naysayers? Rased on the logic they've used so far, we may end up hearing about these "Insightful criticisms": • Lift to Disney -Orlando: The committee wants easy transportation around the riverfront, but the Community Coach bus service It mentioned is merely a code word for an above -ground, open -car monorail system that would link Sebastian to Or- lando at taxpayer expense. • Viva Los Vegas:"Old Florida Fishing Village Theme" suggests a caveat that would literally move the MGM Hotel — amusement park and all — from the fabled city of sin, Lae Vegas, to Sebastian and be put on the west side of the river where the boating ramps are now located. • Start your engines: Rhetoric preservation rec- ommendation actually means the historic preserva- tion of NASCAR racing, which will lead to a race track being built In the middle of the river on stilts to entice racing fans to the area. • Alien spaceship landing pad: Parking sugges- tions that the dastardly, nonresident committee members wrote will create such a facility to take advantage of the intergalatic tourist market — at taxpayer expense! OK, OK. These go way over the edge, but none are based on any fewer facts than some remarks about the recommendations made during recent meet - Inge. Here are our thoughts about committee crit- icisms: If a claim about the plan sounds loo ridicu- lous to be true, don't trust It: read the committee's report. The reference desk at the North County Li. brary Is holding a copy for public review. Have a look, then decide whose claims are absurd. _ pRAfT City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES MONDAY, SEPTEMBER 15, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Barnes called the Workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. CMENSWEEK122! Citv Council Present Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Carhvright Mr, Larry Paul Mrs. Ruth Sullivan Staff Pmsenc Chief of Police, Randy White (Acting City Manager) City Clerk, Katlu}m O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio 4. PRESENTATIONS/ANNOUNCEMENTS B. Presentation of Proclamation to Danehlers of American Revolution for Constitution Week Mayor Barnes read and presented the proclamation to Betty Bock. A. Presentation of Proclamation to Sebastian River Junior Womans Club - 20th Anniversary Mayor Bames read and presented the proclamation to Teddy Hulse. City Council Workshop September 15, 1997 Page Two 4. WORKSHOP ITEMS 97.202/ A. Review Riverfront Advisory Committee Recommendation on Riverfront Advisory Plan 96.009 Mayor Barnes made a brief opening statement and asked each City Council member to review any comments or concerns they may have about the recommended plan. He began by discussing concerns about parking, noting current requirements are minimal and objection to shared parking on the Riverfront; a recommendation to prohibit gambling ships along the Riverfront; his objection to expending city funds on parking lots, zero lot lines and the proposed 15' side lot setbacks between residences and commercial use. Discussion took place on the course of action to follow tonight. Mayor Barnes said he would like to give general guidance to staff, but not go through the ordinances in detail at this time. He said that public input could be allowed after Council discussion. The Director of Community Development suggested Council accept the report but identify areas of concern and then direct staff to take the ordinances to Planning and Zoning for review and recommendation back to Council. I-ftk Discussion followed on the proposed parking trust and shared parking. Mrs. Cartwright noted the public parking fund will be paid by a trust and not the general fund. Ken Chapin, 9880 Oak Trail, Micco, member of the Riverfront Advisory Committee, said the parking trust concept was designed for business owners to provide parking for citizens to use the entire Riverfront notjust the businesses. Mr. Paul requested that Riverfront Advisory Board members be permitted to respond to Council questions. Don Smith, 208 Poinciana Street, Sebastian, member of the Riverfront Advisory Committee, requested that documents being discussed be identified, agreed that more work needs to be done and that he does not want to see overdevelopment of the Riverfront. Carolyn Coruna, 881 Dolores Street, Sebastian, member of the Riverfront Advisory Committee, said Council members should discuss only the current report. Mrs. Cartwright suggested starting with the Comprehensive Land Use Plan amendment and work from there and said she liked the mixed use zoning concept. Mrs. Sullivan objected to the mixed use district because it allows anything anywhere and agreed with prohibiting gambling ships. ^City Council Workshop September 15, 1997 Page Tbrec Ken Chapin and Tommy Thompson, also a member of the committee, said gambling ships are not suggested anywhere in the plan. In response to Mrs. Sullivan, the Director of Community Development said landscaping will lone down the size of 35' buildings and TAPE I - SIDE R (7:47 p.m.) noted that reference to 13" trees should be 13' and explained the concept of the tree trust concept. W. Taracka said people on US I are concerned about supporting the Riverfront District, to which the Director of Community Development responded that previous Council established die district, that the CDBG and Riverfront Plan are two different issues, and that there are no recommendations to use tax incremental financing in this report. He said that if the plan is accepted by resolution, those things that Council does not want can be stated. Discussion took place on the need for public transportation, open space requirements, and the sign ordinance. Mr. Tmacka said he had spoken to residents on the Riverfront and been told they do not want mixed use zoning, calling it spot zoning. The Director of Community Development said that current zoning is mixed and that there are currently residences that do not comply because they are in commercial zoning districts at this time. Discussion took place on proposed zoning. Elaine Sandmeyer, Sebastian, formerly of St. Augustine, said that mixed use zoning works well and that the Riverfront is notjust for the people wbo live there but for all people. Carolyn Comm, said there is no strictly residential zoning on the RiverGont now and that mixed use zoning will allow residences and require more landscaping and fencing than is required now. Steve Wild, 607 Davis Street, Sebastian, member of the Riverfront Advisory Committee, said no one had spoken to him about living on the Riverfront and said he felt that people living in the area make for better security for the businesses. Mrs. Cartwright requested that residents in the Riverfront who were listening tonight should contact Councilmembers. The Director of Community Development said the mixed use issue is critical right now because of pending development and said Planning and Zoning will be meeting to recommend adoption and needs Council's guidance if this is not what it wants. Mr. Paul thanked the Riverfront Advisory Conhmiltce for its report and discussed prohibition of advertising on benches stating the City logo should be allowed. i1City Council Workshop September 15, 1997 Page Four Mayor Barnes said public restmoms are needed in the district, agreed with Mr. Wild relative to people living over businesses. The Director of Community Development said he had advocated mixed use within a building but the public did not want it so it was removed. Mayor Eames went on to discuss the definition of arcades, whether balconies can be in the setback, TAPE E - SIDE 1(8:35 p.m.) who determines an "Historic" building, what outbuildings can be used for, and the reason for the waiver provision. Mayor Eames called recess at 8:40 p.m. and reconvened the workshop at 8:54 p.m. All members were present. Mr. Paul inquired about grandfathering of existing buildings and signs. Sal Neglia, 461 Georgia Boulevard, Sebastian, said business people will benefit from shared parking but questioned whether businesses will exceed customer capacity due to its use. Don Smith commended Council for its workshop, discussed the struggle the Committee had with mixed use zoning, noted the bulk of the Riverfrom District is currently commercial, and commended ^, Carolyn Conus for her commitment to her principles and professionalism while on the committee. Mrs. Sullivan noted that an arcade is an architectural feature and architectural features can encroach into the setback. Carolyn Corum suggested that language be added to the report to state that exotic vegetation as cited in the Land Development Code must be removed and not merely encourage removal. The Director of Community Development said the committee understood that those trees must be removed at time of site plan in accordance with the Land Development Code but he said people should also be encouraged to remove them at other times. Mrs. Conan said she bad suggested language to incorporate into the landscape ordinance as authorized by Council and now was requesting authority to take time with staff to do so. The Director of Community Development said, assuming direction is to go forward, the next step will be to take the proposed ordinances to Planning and Zoning and give them a complete package with all changes incorporated. He said he agreed with Mrs. Corum's changes and that he would coordinate with her and make sue they are put in. Ruth Wingate, Wing Street, Sebastian, discussed building heights. The Director of Community Development said he would prepare a resolution for the next regular meeting incorporating specific policy statements such as no gambling ships, requiring removal of exotic vegetation and that no recommendations in the plan are policy of the City until acted upon by City Council and then take the proposed ordinances to Planning and Zoning for review. /'e i City Council Workshop September 15, 1997 Page Five Mrs. Cartwright requested that it be noted that the recommendation did not suggest gambling ships. In response to Mr. Taracka, the Director of Community Development said he was meeting with CRA on the Cavcorp design on Thursday morning. TAPE II - SIDE B (9:35 p.m.) It was the consensus of City Council to have staff move forward as stated. Mr. Paul asked if gambling is slate regulated and the Director of Community Development said it is although there are land use issues the City would regulate. Being no further business, Mayor Barnes adjourned the workshop at 9:40 p.m. Approved at the , 1997, Regular City Council Meeting. Walter W. Barnes Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589.5570 SEBASTIAN CITY COUNCIL. WORKSHOP AGENDA MONDAY, SEPTEMBER 15, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input unless approved by a majority consensus of City Council 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PRESENTATIONS/ANNOUNCEMENTS A. Presentation of Proclamation to Sebastian Junior Womans Club - 20th Anniversary 5. WORKSHOP ITEMS 97.202/ A. Review Riverfrout Advisory Committee Recommendation on River&ont Advisory Plan 96.009 (Plan Previously Distributed) 6. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY CO UNCIL WITH RESPECT TO ANY MATTER CONSIDERED AmmA,w mG(DRHEIRING)WQ.LNEED A RECORD OFTHEPROCEEDINGSAND AMY NEW TO ENSURE THATA VERBATIV RECORD OFTHEPROCEEDINGSISMADE. W717CHRECORDINCLUDES THE TESTWONYAND EVIDENCE UPON WHICH THEAPPEIL STOBEHEARD. (186.0105FS.) INCOMPLIANCE WITH THE AMERICANS WITH DISABILrNES ACT (ADA). ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR 77 SMEETINGSHOULD CONTACT THE CITYSADA COORD)NATORAT589-5330ATLE1SI 48 HOURS INADVANCE OFTHSMEEI7NG. HearingAsunance Headphone, are Available in Conrail Chambvrsfwall Gownment Mer6ngs Uw invMeelines. SpecialMeeung-Qaae!✓udicial Hearing -Wednesday, Sepmobu 17 1997Qa 7pm SpecidMeehng (F,-nalMillageBudgel Hearing)-Wedneday. Seprcmber 34, 1997 @ 7pm RegulwMeeBng-Thwsday. September 25.1997 @ 7p. Tenmliw Ww.lshop on CLUP-Wednedg.. October 1, 1997 ® 7pm RegalwMeeang-Wednesday, Onober8, I997@7pm Tentative Wwlahop on CLUP-Wednesday, Oetobw 15. 1997@ 7pm RegulwMeedng-Wedneday, October 22.1997 @ 7pm Qaa ly Op. F.. - Wedncday. October 19,1997 Qa 7pm City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 MEMORANDUM DATE: September 11, 1997 TO: Mayor Barnes, City Council Members, City Manager, City Attorney FROM: Kathryn M. O'Halloran City Clerk RE: Monday, September 15, 1997 City Council Workshop Please bring your copy of the previously distributed Riverfronl Action Plan to the September 15, 1997 workshop. KOH/sam ^4� /1 0 City of Sebastian, Florida Subject: Riverfront Advisory Committee Recommendations Approved for Submittal by: Exhibits: nde P of Actio, Agenda No. / /. Z02- Department QZ Department Origin: Community Development (RJM)0,---- Date Submitted : August 14, 1997 For Agenda of. August 20, 1997 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None IUI4 The Riverfront Advisory Committee has completed there recommendations for the City Council. The recommendations are summarized in a recommended Plan of Action. The plan includes thirteen recommendations. Most of the recommendations are implemented through a proposed ordinances which establishes an overlay district in the Riverfront area. One recommendation is to formally establish an ongoing committee to work on specific projects as directed by the City Council and to provide an annual review of the progress of the implementation of the recommendations. The maps for the report are not completed at this time. The staff hopes to have them completed in time for the workshop. ACTION Accept the recommended Plan of Action and provide the staff directions as to the implementation of the Plan of Action. a City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ❑ FAX (561) 589-2566 MEMORANDUM DATE: November 20, 1997 TO: Community Development Department Staff FROM: Robert J. Massarelli, Community Development Directow,— SUBJECT: Riverfront Moratorium Last night, the City Council passed Ordinance 0-97-65 establishing a building permit ^ moratorium in the Riverfront Area (copy attached). The Riverfront Area is that area of the City lying east of the Florida East Coast Railroad north of Section 7, Township 31S, Range 39E. The effective date of this ordinance is Saturday, November 22, 1997. The moratorium is in effect for a period of six months. The effect of this moratorium is that no application for plat approval, site plan approval or some building permits which have the effect of approving development as defined by Chapter 380.04, F.S. will be accepted (copy of 380.04, F.S. attached). This includes commercial as well as residential projects. Not all building permits are effected by this moratorium. The following is a list of building permits which, in general, may be accepted: a. fence permits b. sign permits C. accessory structures d. slabs e. any interior work or work on the color or decorations on the exterior f. roofing and re -roofing work g. .land Gearing not related to construction h. road work done within the right-of-way I. utility work If you have any questions or doubts as to whether a proposed activity is covered by this moratorium, please talk to me. I will make the final decision on any questions. ORDINANCE NO. 0 97-65 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED "ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUILDING PERMIT MORATORIUM"; PROVIDING FOR A BUILDING PERMIT MORATORIUM FOR THE RIVERFRONT AREA LOCATED BETWEEN THE FLORIDA EAST COAST RAILROAD AND THE INDIAN RIVER LAGOON WITHIN THE CITY OF SEBASTIAN, FLORIDA FOR A PERIOD OF SIX MONTHS; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida ("City Council") has received and accepted a study entitled "Riverfrom Plan" from an advisory committee established to make recommendations concerning the future development of an area within the City known as the "Riverfront Area", as described and illustrated in Exhibit "A" which is attached hereto and incorporated herein by this reference; and WHEREAS, the City is in the process of significantly amending its local government comprehensive plan and redrafting its land development regulations and will address, in these amendments, the recommendations of the advisory committee; and WHEREAS, the City Council finds that the public health, safety and welfare will best be served by enacting a six month moratorium while the major revisions to the City's comprehensive plan amendments and the land development code amendments are being established; and WHEREAS, this amendment to the City's land development regulations is made in conformity with the requirements of Florida Statutes Section 166.041(c) relating to changes to a municipal land development code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1: The following section is hereby added to Chapter 20A of the City's Code of Ordinances: Sec. 20A-3.17. Riverfront Area Building Permit Moratorium (a) In order to allow for the consideration of major amendments of the City's Comprehensive Plan and Land Development Regulations which will provide for the future of the Riverfront Area, a building permit moratorium is hereby established within the Riverfront Area, more particularly described as that area within the City lying between the Florida East Coast Railroad and the Indian River Lagoon, north of the south one half of Section 7, Township 31 South, Range 39 East. No application for City plat approval, site plan approval, or other action having the effect of approving development, as defined in 380.04. F.S., within the Riverfront Area shall be accepted by the City during the term of this moratorium. (b) The Riverfront Area building perinit moratorium shall be in effect for a period of six months from the effective date of this ordinance, unless further extended by action of the City Council. Section 2. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 3. If any section, provision, clause, phrase, or application of this Ordinance is ^` held invalid or unconstitutional for any reason by any court of competent jurisdiction, the /►r remaining provisions of this Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. Section 4. This Ordinance shall go into effect on November 22, 1997. �r`he foregoing Ordinance was moved for adoption by Councilmember t'�R'/L The motion was seconded by Coucihnember 61it.t4 and, upon being put to a vote, the vote was as follows: Mayor Walter W. Bames Vice -Mayor Richard J. Taracka L Councilmember Louise R Cartwright QwJ Councilmember Larry Paul Councilmember Ruth Sullivan r{�_ )1The Mayp�r thereupon declared this Ordinance duly passed and adopted this day of �lnamAtti.1997. CITY OF SEBASTIAN, FLORIDA By:viallb W Qr1 rJ�r1 �� Walter W. Barnes, Mayor ATTEST: `(?��. CLW ✓ l.,L'C�� oiloran, CMC/ ✓ City Clerk (Seal) Approved as to Form and Content: Valerie Settles, City Attorney City f_�►��13 I�c�Fi stun '\ q ALL THAT PORTION OF THE INCORPORATED CITY OF SEBASTIAN, FLORIDA LYING EAST OF THE FLORIDA EAST COAST RAILROAD AND NORTH OF THE SOUTH ONE HALF OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, ALL LYING IN INDIAN RIVER COUNTY, FLORIDA r1 Ch. 380 LAND AND WATER MANAGEMENT F.S. 1995 F.S. 1995 (5) 'Downtown development authority' means a local governmental agency established under part III of chapter 163 or created with similar powers and respon. sibilities by special act for the purpose of planning, coor. dinating, and assisting in the implementation, revitaliza- tion, said redevelopment of a specific downtown area of a city. (6) 'Governmental agency' means: (a) The United States or any department, commis- sion, agency, or other instrumentality thereof; (b) This stale or any department, commission, agency, or other instrumentality thereof; (c) Any local government, as defined in this chapter, or any department, commission, agency, or other instm. (d) Any school board or other special district, author. ity, or other governmental entity. (7) 'Land" means the earth, water, and air above, below, or on the surface, and includes any improve- ments or structures customarily regarded as; land. (8) 'Land development regulations' include local zoning, subdivision, building, and other regulations cen- trolling the development of [antl. (9) 'Land use' means the development that has ^,,occurred on land. (10) 'Local comprehensive plan' means any or all local comprehensive plans or elements or portions thereof prepared, adopted, or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as amended. (11) 'Local government' means any county or munici- pality and, where relevant, any joint airport zoning board. (12) 'Major public facility' means any publicly owned facility of more than local significance. (13)'Parcel of land' means any quantity of land capa- ble of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or devel- oped as a unit. (14) 'Person' means an individual, corporation, gov. ernmental agency, business trust, estate, trust, partner- ship, association, two or more persons having a joint or common interest, or any other legal entity. (15) 'Regional planning agency' means the agency designated by the state land planning agency to exer. cise responsibilities under this chapter in a particular region of the state. (16) 'Rule' means a rule adopted under chapter 120. (17) 'State land development plan' means a compre. hensive statewide plan of any portion thereof setting forth state land development policies. (18) State land planning agency means the Depart- ment of Community Affairs and may be referred to in this pan as the ^ (19) 'Structure' means anything constructed, installed, or portable, the use of which requires a loca. tion on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. 'Structure' also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs. (20) 'Resource planning and management committee' or 'committee' means a committee appointed pursuant to s. 380.045. .,. �'-�. x tit nen: t 1. A A -ix, L,. T aFTrx Y,. N B}3CB. i 380.032 State land planning agency; powers and duties.—The state land planning agency shall have the power and the duty to: (1) Exercise general supervision of the administra. tion antl enforcement of this act and all rules and regula. tions promulgated hereunder. (2Xa) Adopt or modify miss to carry out the intent and purposes of this act. Such miss shall be consistent with the provisions of this act. (b) Within 20 days following adoption, any substan. tially affected party may Initiate review of any rule adopted by the state land planning agency interpreting the guidelines and standards by filing a request for review with the Administration Commission and serving a copy on the state land planning agency. Fling a request for review shall stay the effectiveness of the rule pending a decision by the Administration Commission. Within 45 days following receipt of a request for review, the commission shall either reject the rule or approve the rule, with or without modification. (3) Enter into agreements with any landowner, developer, or governmental agency as may be neces. sary to effectuate the provisions and purposes of this act or any rules promulgated hereunder. xamn.—•1. m. n-z,s:. am eo- as 4z m as -ss. 380.04 Definition of tlevelopment— (1) The term 'development' means the carrying out of any building activity or mining operation, the making of any material change in the use a appearance of any structure or land, or the dividing of land into three or more parcels. (2) The following activities or uses shall be taken for the purposes of this chapter to involve 'development,* as defined in this section: (a) A reconstruction, alteration of the size, or mate- rial change in the external appearance of a structure on land. (b) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of busi- nesses, manufacturing establishments, offices, or dwell- ing units in a structure or an land. (c) Alteration of a shore or bank of a seacoast, river. stream, lake, pond, or canal, including any 'coastal construction' as defined in s. 161.021. (d) Commencement of drilling, except to obtain sail samples, mining, or excavation on a parcel of [arid. (e) Demoftion of a structure. (f) Clearing of Land as an adjunct of construction. (g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land. (3) The following operations or uses shall not be taken for the purpose of this chapter to involve 'development' as defined in this section: 1598 F.S. 1995 F.S. 1995 LAND AND WATER MANAGEMENT Ch. 380 advertising anagement committee powers and call have the administra. and regula- it the intent e consistent my substan- of any rule interpreting request for and serving icy. Fling a ss of the rule Commission. st fa review, apptaKthe landowner, ty be neces. loses of this carrying out i, the making trance of any into three a I be taken for evelopment: size, or mate t structure en land, such as in a structure mbar of busi- ices, or dwell- sacaes6 mer, any -coastal to obtain soil el of land. :anstr�an. este, tat shall not be :r to involve (a) Work by a highway or mad agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. (b) Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or construct- ing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, a the like. (c) Work for the maintenance, renewal, improve- ment, or alteration of any structure, if the work affects only the interior a the cola of the structure or the deco- ration of the exterior of the structure. (d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. (e) The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural pur. poses. (1) A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class. (g) A change in the ownership or form of ownership of any parcel or structure. (h) The creation or termination of rights of access, riparian rights, easements, covenants concerning devel. opment of land, or other rights in land. (4) 'Development' as designated in an ordinance, rule, or development permit includes all other develop- ment customarily associated with it unless otherwise specified. When appropriate to the context, 'development' refers to the act of developing or to the result of development. Reference to any specific opera- tion is not intended to mean that the operation or activ- ity, when part of other operations or activities, Is not development. Reference to particular operations is not intended to limit the generality of subsection (1). rancor,_. s, m non:. z m ®-.xa I 380.045 Resource planning and management com- Mitten; objectives; procedures.— (1) Pdortorecemmendingwmeaasanareaofcriti- cal slate cencem pursuant to s. 380.05, the Governor, acting as the chief planning officer of the state, shall appoint a resource planning and management commit- tee for the area under study by the stale land planning agency. The objective of the committee shall be to orga. nize a voluntary, cooperative resource planning and management program to resolve existing, and prevent future. problems which may endanger those resources, facilities, and areas descnbed in s. 380.0.5(2) within the area understudy by the state land planning agency. (2) The cammiltee Shall include, but shall not be lira, . ited to, representation from each of the following: ( elected officials from the local governments within the i area under study; the planning office of each of the local governments within the area under study; the stale land planning agency; any other stale agency under chapter 20 a representative of which the Governor feels is rele- vant etevant to the compilation of the committee; and a water management district, if appropriate, and regional plan- ning council all or part of whose jurisdiction lies within the area under study. After the appointment of the mem. bers, the Governor shall select a chair and vice chair. A staff member of the state land planning agency shall be appointed by the director of such agency to serve as the secretary of the committee. The state land planning agency shall, to the greatest extent possible, provide technical assistance and administrative support to the committee. Meetings will be called as needed by the chair or on the demand of three or more members of the committee. The committee will act on a simple majority of a quorum present and shall make a report within 6 months to the head of the stale two planning agency. The committee shall, from the time of appointment, remain in existence for no less than 6 months. (3) Not later than 12 months atter its appointment by the Governor, the committee shall either adopt a pro- posed voluntary resource planning and management program for the area under study or recommend that a voluntary resource planning and management program not be adopted. The proposed voluntary resource plan- ning and management program shall contain the com- mittee findings with respect to problems that endanger those resources, facilities, and areas described in s. 360.05(2) and shall contain detailed recommendations for state, regional, and local governmental actions nec. essary to resolve cunent and prevent future problems identified by the committee. A major objective of the pro- posed voluntary resource planning and management program shall be the effective coordination of state, regional, and local planning; program implementation; and regulatory activities for comprehensive resource management. The committee shall submit the proposed voluntary resource planning and management progrem to the head of the state land planning agency, who shall transmit the program along with the recommendations of the agency for monitoring and enforcing the program, as well as any other recommendations deemed appro- priate, to the Administration Commission. (4) The Administration Commission shall by resolu. tion approve, approve as modified, or reject the pro- posed voluntary resource planning and management program and state land planning agency recommenda- tions; and the Administration Commission shall request each state or regional agency that is responsible for implementing a portion of an approved program to con. duct its programs and regulatory activities in a manner consistent with the approved program. Each state and regional agency involved in implementing the program shall cooperate to the maximum extent possible in ensuring that the program is given full effect. (5) The state land planning agency shall report to the Administration Commission within 12 months of the approval of the program by the commission concerning the implementation and the effects of the approved vol- untary resource planning and management program. The report shall include, but shall not be limited to; (a) An assessment of state agency compliance with the program, including the degree to which the program recommendations have been integrated into agency planning, program implementation, regulatory activities. and rules; (b) An assessment of the compliance by each affected local government with the program; 1599