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HomeMy WebLinkAbout02-17-2022 PZ AgendaMIX SEBASTLA HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, FEBRUARY 17, 2022 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meetings of December 2, 2021 & February 3, 2022 6. LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS • Chairman opens hearing; • Attorney reads ordinance or resolution or title, if any; • Staff presentation; • Public Input; • Commissioners closes hearing; • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing - Recommendation to City Council - Ordinance 0-22-02 - Land Development Code Amendment - Recreation Concurrency - Sec. 54-3-9.4, Sec. 54-3- 9.7, Sec.54-3-9.8, Sec. 54-3-9.9, Sec. 54-4-18.4, Sec. 54-4-19.11 B. Public Hearing - Recommendation to City Council - Ordinance 0-22-03 - Land Development Code Amendment - Murals - Sec. 54-5-2.2 and Sec. 54-3-16.3 7. UNFINISHED BUSINESS None 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS 12. STAFF MATTERS 13. ADJOURN No stenographic record by a certified court reporter will be made of the foregoing meeting. Any person who decides to appeal any decision made by the Council with respect to any matter considered at this meeting will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be heard. (F.S.286.0105) In compliance with the Americans with Disabilities Act (ADA) of 1990, anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-388-8226 at least 48 hours in advance of the meeting. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.citvofsebastian.ora unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule ZOOM INFORMATION Please click the link below to join the webinar: httos://us02web.zoom.us/i/81681266826 Or One Tap Mobile: US:+13017158592„81681266826# or+13126266799„81681266826# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866 or +1 253 215 8782 or +1 346 248 7799 or +1 669 9006833 Webinar ID: 816 8126 6826 International numbers available: httos://us02web.zoom.us/u/kfurU5AAc CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY DECEMBER 2, 2021 I. Call to Order -- Chairman Roth called the meeting to order at 6:00 p.m, it. Pledoe of Alleoiance was recited by all. t.� III. Roll Call Cc •f% o Present: iLS E F° E E Mr. Roth Mr. Carter ® ns Mr. Simmons Ms. Jordan (a) Ms. Kautenburg Mr. Qizilbash :; ® C Not Present: ° L i Q a a - "J0 N1 < < Mr. Hughan -- Excused Mr. Christino (a) -- Excused Mr. Alvarez -- Excused Also Present: Ms. Lisa Frazier, Community Development Director Ms. Michelle Faulkner, Planner Mr. Manny Anon, Jr., City Attorney Mr. Joseph Perez, AV Technical Assistant Ms. Janet Graham, Technical Writer (Zoom) Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aoenda Modifications Mr. Roth stated that Mr. Hughan, Mr. Christino, and Mr. Alvarez are excused from tonight's meeting. Ms. Jordan is voting in place of Mr. Hughan this evening. V. Approval of Minutes -- November 4, 2021 It was discovered that not all the Commissioners had received copies of the Minutes from November 4, 2021. Mr. Anon, the City Attorney, stated it would be permissible to table this item until the next meeting and address it then. This would require a motion. A motion tabling approval of the Minutes of the November 4'h, 2021 meeting until the next meeting scheduled for December 16, 2021 was made by Mr. Simmons and seconded by Mr. Carter and was approved unanimously via voice vote. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING OF DECEMBER 2, 2021 VI. Public Input Mr. Roth called on anyone from the public in chambers or on Zoom who wished to speak. There being no one in chambers or on Zoom who wished to speak, Mr. Roth moved to the next item on the agenda. VII. Adiourn the Plannina and Zoning Meetina and Convene the Local Planninq Aaencv (LPA) Meetinq A. Remove from Table 1. LPA Legislative Public Hearing -- Recommendation to City Council -- Comprehensive Plan Future Land Use Amendment -- IVIRC Conservation Parcels, West of St. Sebastian River -- Marine Resources Council (MRC), Applicant -- Section 26, Township 31 South, Range 38 East -- Subject Parcels are 7.88 Acres, More or Less -- Request 'is for a change from City (LDR) Low Density Residential Land Use to City (CON) Conservation Land Use A motion removing the item tabled, the Comprehensive Plan Future Land Use Amendment (MRC) Conservation Parcels, West of St. Sebastian River was made by Mr. Simmons and seconded by Mr. Qizilbash and was approved unanimously via voice vote. Mr. Anon read the item into the record. Mr. Roth called on City staff for their presentation. Ms. Frazier reviewed that this item was tabled at last month's meeting because the newspaper inadvertently did not publish the notice. She explained that the Marine Resources Council of East Florida would like their existing conservation property that they purchased in 2005 to meet the requirements of their Florida Communities Trust grant that helped them purchase this property by changing the land use to the appropriate conservation land use in the City. Currently, it has a land use of Low Density Residential, and this property cannot be used for that land use and must be changed. Mr. Qizilbash questioned the wording in the amendment document, and Ms. Frazier stated the existing land use designation is Low Density Residential Land Use (LDR), and they want to change it to Conservation Land Use (CON). Mr. Roth called for public input on this item. Seeing no one in chambers and hearing no one on Zoom who wished to speak, Mr. Roth closed public input and called on the Commissioners for questions/comments. There being no discussion by the Commissioners, Mr. Roth called for a motion on this item. A motion recommending to PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING OF DECEMBER 2, 2021 City Council the acceptance for the Comprehensive Plan Future Land Use Amendment for the MRC conservation parcels west of St. Sebastian River, Marine Resources Council --the subject parcel being 7.88 acres, more or less, to recommend the change from Low Density Residential Land Use to City Conservation Land Use was made by Mr. Carter and seconded by Mr. Qizilbash. Roll Call Ms. Jordan (a) -- Yes Mr. Simmons -- Yes Mr. Roth -- Yes Mr. Carter -- Yes Mr. Qizilbash -- Yes Ms. Kautenburg -- Yes Vote was 6-0 in favor. Motion passes. VIII. Adiourn the Local Plannina Aaencv (LPA) Meetina and Reconvene the Plannina and Zonina Meetinq A. Remove from Table 1. P&Z Quasi -Judicial Hearing -- Recommendation to City Council -- Land Development Code Rezoning Amendment for a specific site -- MRC Conservation Parcels, West of St. Sebastian River -- Marine Resources Council (MRC), Applicant -- Section 26, Township 31 South, Range 38 East -- Subject Parcels are 7.88 Acres, More or Less -- Request is for a change from City (RS-10) Residential Single Family to City (C) -- Conservation Mr. Roth called for a motion removing the item tabled. A motion removing the item from the table -- the Land Development Code Rezoning Amendment for a specific site for the Marine Resources Council, Section 26, Township 31 South, Range 38 East -- subject parcels being 7.88 acres, more or less, was made by Mr. Carter and seconded by Mr. Qizilbash. Roll Call Mr. Roth -- Yes Mr. Carter -- Yes Mr. Qizilbash -- Yes Mr. Simmons -- Yes Ms. Jordan (a) -- Yes Ms. Kautenburg -- Yes Vote was 6-0 in favor. Motion passes. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING OF DECEMBER 2, 2021 Mr. Roth asked if any of the Commissioners have had any ex parte communications regarding this item. There were none. Mr. Anon read the item into the record. Any witnesses who would give testimony were sworn in. Mr. Roth called on the applicant or its agent for their presentation. There was no one. Mr. Roth called on City staff for their presentation. Ms. Frazier reviewed that the Marine Resources Council is requesting that the subject property which they purchased for conservation in 2005 come into compliance with the granting agency's requirements. Those requirements are that this property be utilized for conservation. Presently, it is zoned for single family residential (RS-10,) and they are requesting a change in the code rezoning it to conservation. Staff supports this request and asks that the Planning and Zoning Commission also recommend this rezoning to the City Council. Mr. Roth opened the floor for anyone who wished to speak for or against this item to speak. Seeing no one in chambers and hearing no one on Zoom who wished to speak, Mr. Roth closed that section of the meeting and called on the Commissioners for questions/comments. There being no public input, and no discussion by the Commissioners, Mr. Roth called for a motion on this item. A motion recommending to City Council changing the Marine Resources Council, Applicant, Section 26, Township 31 South, Range 38 East -- subject parcels being 7.88 acres, more or less. Request is for a change from City (RS-10) Residential Single Family to City (C) Conservation was made by Mr. Carter and seconded by Mr. Simmons. Roll Call Ms. Kautenburg -- Yes Ms. Jordan (a) -- Yes Mr. Carter -- Yes Mr. Simmons -- Yes Mr. Roth -- Yes Mr. Qizilbash -- Yes Vote 6-0 in favor. Motion carries. IX. Unfinished Business -- None X. New Business -- None XI. Commissioners Matters -- None A l . Citv Attornev Matters -- None All. Staff Matters Ms. Frazier recapped that the Minutes from the November 4t", 2021 meeting will be included in the next meeting agenda packet along with the November 18t", 2021 Minutes. She added that all of the land use and rezoning requests will be on the December 15t" agenda for City Council. Should they all be approved, the land use request will be transmitted up to DEO who will then review it. It will then come back for a final adoption hearing. She thinks that will be at the February 9t", 2022 meeting. She stated there will be a Natural Resources Board public workshop next Tuesday, December 7t", and invited all the Commissioners to attend. It will also be open to the public. She wished everyone a happy holiday season. XIV. Adjournment There being no further business, Mr. Roth adjourned the meeting at 6:28 p.m. in jg Date: CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES 0 FEBRUARY 3, 2022 C: �O I. Call to Order -- Chairman Roth called the meeting to order at 6:00 p.m. - 'U 0 II. Pledae of Alleaiance was recited by all. ca E C III. Roll Call p Present: Mr. Roth Mr. Christino (a) Cd V Mr. Simmons Mr. Qizilbash Ms. Kautenburg Mr. Alvarez Co Mr. Carter Ms. Jordan (a) „p C o a Also Present NO 0) N n < CL Q Ms. Dorri Bosworth, Community Development Manager Mr. Manny Anon, Jr., City Attorney Ms. Kim Haigler, Environmental Planner Mr. Gary Vicars., MIS Technical Analyst Ms. Janet Graham, Technical Writer Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aaenda Modifications Mr. Roth announced that Mr. Hughan resigned his regular member position in December. He thanked Mr. Hughan for his service wished him well. His vacancy position will be appointed at the February 9th City Council meeting. Mr. Roth announced that Mr. Christino will be voting in Mr. Hughan's place tonight. V. Aoproval of Minutes: Regular meetings of November 4, 2021 and November 18, 2021 Mr. Roth asked if all Commissioners have had a chance to review the Minutes from the November 4th, 2021 meeting. All indicated they had. There being no additions or corrections, Mr. Roth then called for a motion to approve the Minutes of November 4th, 2021 as presented. A motion approving the Minutes as presented was made by Mr. Carter, seconded by Mr. Qizilbash, and approved unanimously via voice vote. Mr. Roth asked if all Commissioners have had a chance to review the Minutes from the November 18th, 2021 meeting. All indicated they had. There being no additions or corrections, Mr. Roth then called for a motion to approve the Minutes of November 18th a E c O PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 2021 as presented. A motion approving the Minutes as presented was made by Mr. Christino, seconded by Mr. Carter, and approved unanimously via voice vote. VI. Quasi -Judicial and Public Hearinas A. Quasi -Judicial Public Hearing -- Site Plan Approval -- H.A.L.O. Enrichment & Pet Adoption Center -- 708 Jackson Street -- Proposed Construction of a New 6,875 SF Building along with Parking, Utilities, Stormwater and Landscaping -- CWR (Commercial Waterfront Residential) Zoning District Mr. Roth asked if any Commission members have had any ex parte communications regarding this item. All indicated they had not. Mr. Anon swore in all persons who intend to provide testimony as to the facts of this matter. Mr. Roth then called on the applicant or their agent to present their testimony. Mr. Ryan McLean, MBV Engineering, the civil engineer on lead for the H.A.L.O site plan, described what the project will entail. He believes this project will go above and beyond in meeting the minimal requirements of CWR zoning and the riverfront overlay. Mr. Roth then called on City staff to present their findings. Ms. Bosworth described the site and purpose of the additional amenities. It has not been reviewed as a kennel or a veterinary facility, although some of those pseudo -type activities may occur temporarily. It does meet all the zoning requirements with regard to building coverage, impervious and open areas. Setbacks have all been met for the CWR zoning district. Regarding parking, based on a review of the different uses and parking requirements, they need 18 spaces. Fifteen will be able to be built on the site. They are requesting three parking -in -lieu spaces. They are in the zoning designation that does allow them to purchase the additional parking -in -lieu spaces. That request will need to be approved by City Council. That will be a recommended condition of approval. Based on the floor area of the building, it does not require a formal loading zone. She reviewed the stormwater and drainage plans and stated it is a unique site for planning a stormwater design. Based on the projected traffic impact, it was not enough to meet the threshold to require a full traffic analysis. There is a proposed opaque landscape buffer along the north and east property lines consisting of fencing and landscaping. The City Engineer and Stormwater Department reviewed this along with the City Manager. They asked for some additional information regarding the stormwater. She stated that staff feels this project is consistent with the Comprehensive Plan, the Land Development Code, and the Riverfront Overlay District. Staff recommends approval of this site plan with the following conditions: PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 1. Approval by City Council of the request to purchase three parking -in -lieu parking spaces through the Parking -in -Lieu Purchase Program before issuance of the building permit occurs. 2. All retaining and planter walls must be painted to match the color, or with a complimentary color, of the principal structure. 3. An additional swale or drainage conveyance measure along the front property line, within the City's ROW, may be required by the City Engineer and Stormwater Department through their review of the ROW permit application. 4. Copy of SJRWMD 10-2 Stormwater Exemption Certificate submitted before land clearing begins 5. Additional information shall be provided that will demonstrate that the proposed closed stormwater system, which has no positive outfall, has enough capacity beyond the required 24-year 1-1/2-inch rainfall event, and that there will be no site runoff into the Jackson Street right-of-way or adjacent properties. Mr. Roth wanted to clarify that there are no work or site changes at all to the current building that is there that houses H.A.L.O. Ms. Bosworth stated that is correct. Besides the City sidewalk, there is no interconnection between these two sites. So this is looked at as a separate site plan on its own. Mr. Roth then asked the commissioners for questions/comments of the staff or of the applicant. Mr. Carter -- • Is glad to see that H.A.L.O. is going to be expanding. They do an excellent job here in the community. • Asked how long the new construction is going to take. • He would like to see more of a nautical theme which is in the Charter for the City, having a nautical theme in new construction if possible. • Even though this is a separate entity, he would like to see the new construction and the existing building match in color as well if possible. That would make for a more uniform appearance. • He enjoys seeing the sign for donations for bleach and things like that, but lately he is seeing scratch -off tickets. He is curious about that. Mr. McLean stated in answer to Mr. Carter's first question, the intent is to obtain site plan approval. Realistically, construction of a building like this is probably nine months or less, if possible. Ms. Bosworth explained that the site plan if approved tonight is good for 12 months. Then per the Code, they can ask for an additional 12-month extension. They could have two years to really get the project going. Otherwise, they would be required to come back before this Commission again if they need another extension. She added that, after consideration by the Commission, the Commissioners could add a condition PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 that requires not necessarily a nautical theme, but adding some of that old fishing village theme in the hardscaping/landscaping with nautical ropes and wooden posts, etc. Mr. Qizilbash -- • Stated it is a very nice site plan, well prepared. His main concern is a drainage problem on the east side. He stated that, when any property is being developed, all the drainage has to be retained on the site. He suggested that is not the case here. Mr. McLean explained that essentially the stormwater component was set closer to the property. Due to site restriction from the actual LDRs, you cannot build a stormwater system in that 10-foot landscape buffer. Mr. Qizilbash recommended a retaining wall be installed. In addition, he is concerned about the small swale at the northeast comer. It is also low. That is a very tiny swale. Mr. McLean explained that there would be a minor discharge into that small swale. The bulk of the system's discharge is into the main on -site chamber system. There was extended discussion between Mr. McLean and Mr. Qizilbash regarding the stormwater situation. Mr. Qizilbash stated that the plan as it is would require a lot of maintenance. He suggested a maintenance program should be provided to the City and that it is recorded. Mr. Christino -- • Basically has the same concerns as Mr. Qizilbash. He sees a water flow issue. The neighbors have already written to the Commission about this. During construction, it takes quite a bit of work to keep runoff contained with a silt fence in a heavy rainstorm. He would like to make sure that there are bales of hay on top of the silt fence to absorb some of the flow. Mr. McLean stated that there will be a built-in system built. They will have stormwater inspections after every significant rainfall event. All those are documented in the permit box on site, and monthly they are checked by DEP by an on -site inspector. So a stormwater inspector will be there twice a week. Mr. Christino is concerned that the adjacent property owners have protection from runoff during the process in order that they not suffer any damage. • As to the gutters from the building, he asked if they are going to be directed to this chambered stormwater management system. Mr. McLean said yes. Ms. Kautenburg -- • Stated it is a very well -designed plan. She is satisfied that the drainage issues will be properly addressed. Also, the inclusion of No. 5 in the staff recommendation satisfies her. Mr. Roth -- PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 • Suggested that adding No. 5 to the conditions for approval will clarify a lot of the concerns. • Asked regarding the retaining wall, it looks on the drawings like there is a double retaining wall there. He asked if it is hollow between those two walls. Mr. McLean explained that the wall is like a raised landscaping component. There being no further questions/comments from the Commissioners, Mr. McLean further explained the how the stormwater system was designed to work. Mr. Roth called on anyone from the public who would like to speak in favor or in opposition. He emphasized that if anyone has factual information to be presented, they will need to be sworn in. Marsha Hall, Sebastian, was sworn in. She stated that she and her husband own the property just east of the H.A.L.O. property. Her property address is 698 Jackson Street, just east of the H.A.L.O. property line. They do have some concerns, but she first emphasized that they are in favor of this project. Their concerns are also about the drainage. There is a house on their property, and over the years there have been some Issues with drainage. Those issues were compounded when the H.A.L.O property was cleared. So stormwater control is a big concern of the property owners. She and her husband are hoping that a small berm could be placed where the landscaping is going to be done on the east property line. She is hoping that the berm and any additional remedies can be incorporated into this plan. Another area of concern is the tree replacement. In reviewing the landscape plan, she noted several live oak trees along the east property line. A live oak is a tree that grows up to 80 feet tall and spreads between 40 and 100 feet wide, which would render the Halls having some of the limbs on their property as well. There is a power line there were the service entrance cable leaves the transformer and supplies their house with electricity. That would be a big concern to the Halls regardless of what vegetation was placed there due to limbs getting into electric lines and causing an issue. She understands that every property owner is responsible for limbs of a tree that hang over its property. In the future, if they were having to maintain the growth of a live oak, they could incur considerable expense of having to do so. She is suggesting replacement of the live oak with a more manageable tree might be a remedy that could be easily implemented. Mr. Roth called on staff for any additional input. Ms. Bosworth wanted to note for the record that the Commission did receive a letter from Mr. and Ms. Hall, and it was not presented to them here at the meeting, but staff did forward it to them earlier, and also placed a copy of it at their seats tonight. Regarding stormwater, staff has conditions that help them work with MVB and Mr. McLean. Mr. Qizilbash requested adding in Item No. PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 5 of staffs recommendation that the drainage problem on the east side should be resolved by installing a retaining wall or sloped buffer on the applicant's property, not on the neighbors' property. Ms. Bosworth agreed, whether it be a retaining wall, berm, or redesign of that area. Regarding the tree issue, Ms. Bosworth stated staff will look at the landscaping plan. Staff cannot reduce the number of trees or the size, but they can switch out the live oak that is in that area with other trees such as magnolias, etc. Staff can switch out the location of those trees. Ms. Bosworth reaffirmed staffs recommendation to approve the project with the five noted recommendations read Into the record. There being no further deliberations among the Commissioners, a motion to approve the new site plan for an Enrichment and Pet Adoption Center by H.A.L.O., consisting of demolition of an existing residential structure and construction of a new 6,875 square -foot building with a water feature along with required parking, stormwater, landscaping and site amenities, including the five recommendations from staff was made by Mr. Carter and seconded by Mr. Simmons. Roll Call: Mr. Roth -- Yes Mr. Alvarez -- Yes Mr. Christino (a) -- Yes Mr. Mr. Qizilbash -- Yes Vote was 7-0 in favor. Motion passes. VII. Unfinished Business -- None Vill. Public Input -- None IX. New Business -- None Mr. Simmons -- Yes Mr. Carter -- Yes Ms. Kautenburg -- Yes X. Commissioners Matters -- Election of Chairperson and Vice Chairperson Mr. Roth opened the floor for nominations for Chairperson. Mr. Simmons nominated Mr. Alvarez for Chairperson, which was seconded by Mr. Christino. Mr. Carter nominated Mr. Roth for Chairperson, seconded by Mr. Alvarez. Mr. Roth declined the nomination for Chairperson. Ms. Kautenburg nominated Mr. Carter for Chairperson. Mr. Christino seconded the nomination of Mr. Carter. Mr. Carter declined the nomination. Mr. Roth called for any additional nominations for Chairperson. There being no further nominations for Chairperson, Mr. Alvarez will serve as Chairperson for the next calendar year. PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 Mr. Roth opened the floor for nominations for Vice Chairperson. Mr. Christino nominated Mr. Simmons for Vice Chairperson. Mr. Simmons declined. Mr. Carter nominated Ms. Kautenburg, seconded by Mr. Christino. Ms. Kautenburg accepted that nomination. There being no further nominations for Vice Chairperson, Ms. Kautenburg will serve as Vice Chairperson for the next calendar year. Mr. Simmons asked regarding the status of the parking spaces for Taco Mobile. Ms. Bosworth stated they were issued a land -clearing permit. There was an opportunity for the property owner to also buy the lot to the east. Their site plan expired. Coming in next week is a revised site plan that is now going to include two lots. Staff will start that review, and then it will come back before this Commission. Mr. Christino stated that he has been informed that Mr. Mechling regarding the Spirit of Sebastian project that they are beginning work on that property. Ms. Bosworth stated the construction drawings have been signed off for Pod 2, which they will do first. Mr. Christino also addressed the number of houses being built in Sebastian for which there are some dedicated groups of developers who are here from down south. They are building strictly to rent. These homes do not have a single shrub anywhere around them. They plant a few slash pines, and then they leave. He asked for an explanation. Ms. Bosworth clarified that the Code currently does not require any landscaping besides those trees. However, it is proposed in the near future to review the landscape article, with the Natural Resources Board reviewing it first, and forwarding recommendations to the Planning and Zoning Commission. Mr. Roth thanked the City for the window shades which were given to the Commissioners. XI. Citv Attomev Matters -- None XII. Staff Matters Ms. Bosworth stated that the preconstruction meeting was held on site at Squid Lips. She stated there will be lots of activity on that site very soon. She recalled that work would be started on the west side parking first in addition to working on the slab. Then once the west side is completed, the east side will be done. They plan on keeping the restaurant open. She noted that the demolition permit has been issued for the Mobil gas station on US1, and updated that the recommendation to City Council for land uses and zoning for the properties in November was reviewed by the State. They had no comments. PLANNING AND ZONING COMMISSION PAGE 8 MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2022 The annexations and all of those land uses and zoning will be heard by City Council at their meeting on February 9t'. They have all been advertised. As to the Comprehensive Plan, all of the new items in the Comp Plan that require Land Development Code changes are being worked on At this Commission's next meeting on February 17th there are three ordinances that will be brought before the Commissioners. They will be recommendations to City Council. She said there are a lot of projects being worked on, so the Commission should be busy for the rest of the year. XIII. Adiourn There being no further business, Mr. Roth adjourned the meeting at 7:05 p.m. By: jg Date: MLL SEBAST�N HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cifyofsebastion.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Ordinance No. 0-22-02 - Proposed Land Development Code Amendment - Article IX relating to concurrency, and Article XVIII and Article XIX amending sections relating to recreation DATE: February 17, 2022 Agenda Item Title: Ordinance No. 0-22-02 In accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan. Staff has summarized, reviewed and confirmed necessary modification or additions within the Land Development Code (LDC) required to bring the LDC into compliance with the Comprehensive Plan 2040. The following provides the Policy statement that corresponds to the proposed amendments. Parks. Recreation, and Open Space Element Policv 6-1.1.8: Land Dedication Enhancement. The City shall update and maintain the Land Development Code (LDC) to match the LOS standards, enhance the applicability of the dedication or fee in lieu provisions, add objective criteria for determining private recreation credits, and eliminate the ability for private recreation credits to satisfy all public recreation land dedication requirements. Public Schools Element Policv 8-1.3.2. School Concurrence Review Process. The City in coordination with the school district shall establish a school concurrency review process for all non-exempt residential projects through its land development code (LDC). Policv 8-1.3.3: Adoption of School Concurrencv Reulations. Consistent with Policy 8-1.3.2, the City of Sebastian shall adopt school concurrency and proportionate fair share provisions into its LDC or utilize Indian River County's LDC consistent with the requirements of the Interlocal Agreement. Policv 8-1.5.4: Coordination to ensure necessary off -site improvements. New developments adjacent to existing or planned public schools shall be required where feasible to provide right-of-way for pedestrian connections to the schools from the neighborhood's sidewalk network. A first reading of the Ordinance will be scheduled for City Council on March 9, 2022. Staff recommendation: FIND ORDINANCE 0-22-02 IN COMPLIANCE WITH THE COMPREHANSIVE PLAN AND RECOMMEND APPROVAL Lisa Frazier, Director Community Development Department ORDINANCE NO.O-22-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.4, CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS BY PROVIDING FOR A NEW SECTION RELATING TO SCHOOL CONCURRENCY; AMENDING LAND DEVELOPMENT CODE SECTION54-3-9.7, CRITERIA FOR ADOPTED LEVEL OF SERVICE STANDARD (LOS) RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3- 9.8, CRITERIA FOR METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES PERTAINING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.9, CRITERIA FOR DETER1VIINATION OF AVAILABLE CAPACITY RELATING TO PARKS AND RECREATION FACILITIES; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-18.4, CRITERIA FOR INFORMATION TO BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 544-19.11, CRITERIA FOR REQUIRED IMPROVEMENTS AND DESIGN CRITERIA RELATING TO RECREATION; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN r r vECTIVE DATE. WHEREAS, the City Council approved updates to the Comprehensive Plan 2040 in 2021; and WHEREAS, in accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan within one year of adoption; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to concurrency and plan review processes; and WHEREAS, the Local Planning Agency held a public hearing on February 17, 2022, and made a recommendation to City Council to Ordinance 0-22-02. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: 1 Amendment 1: ARTICLE IX CONCURRENCY MANAGEMENT Section 54-3-9.4. Criteria for concurrency and final development orders. JdJ_$d1Q2Lgoncu=ncv. For all school concu rencv. the city incorporates by reference the Indian River County Inter -local Agreement for Coordinated Planning and School Concurrencv. March 1, 2008. The city is bound by the relevant provision of the School Concurrence Ordinance adopted by the County and any cooperative agreement it may enter hereto forth. and shall find that the proposed development is in compliance with concurrency management reouirements at the time the final development order is issued. tx+*** Section 54-3-9.7 Adopted Level of Service Standards (LOS). Level of service standards for those public facilities for which concurrency is required are set forth below: Recreation: Park Classification Neighborhood Park -- - Community Park Acreage of Recreation Areas/Population �5-2_0 per 1,000 2-45-2_0 per 1,000 Section 54-3-9.8 Methodology for Determining Demands on Concurrency Facilities. (b) Other facilities. The level of service standards for all concurrency facilities are listed in section 54-3- 9.7. The applicant shall provide the planning and growth management director with the information required to apply the adopted level of service standard as cited below. The demand on concurrency facilities generated by the applicant's development shall be determined as cited below. (1) Solid waste. The demand for solid waste collection and disposal capacity shall be determined by multiplying the total number of persons served times 7.52 pounds. (2) Potable water. The demand for potable water capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. (3) Sanitary sewer. The demand for sanitary sewer capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. (4) Drainage. The applicant shall provide evidence demonstrating that the proposed project shall meet the LOS established in section 54-3-9.7 for drainage facilities. (5) Recreation area. The demand for recreation area shall be determined by multiplying the city's recreation area level of service standard (24 4_0 acres per 1,000 population or.0025 .0040 acre multiplied by each person served by the development). Section 54-3-9.9 Determination of Available Capacity. (a) Step 1: Add the indicators of available facility capacity: (1) Capacity of existing facility. The total capacity of existing facilities operating at the required level of service; and (2) Capacity of committed potable water, sewer, solid waste and drainage. The total capacity of committed new facilities, if any, that will become available on or before the date a certificate of occupancy is issued for the development. The capacity of concurrency facilities may be counted and deemed concurrent only if the following standards are met: a. For potable water, sewer, solid waste and drainage: The standards identified in article XII shall be met. b. For parks and recreation facilities: The standards identified :_ ..eetio. °1 7 9.7—ahrllba met —In order to ensure adequate geographic distribution of parks and ,provision of amenities and facilities in existing and planned citv narks and prevent degradation in the LOS, the land dedication requirements of section 54-4-19.11 shall be adhered to and a dedication. or fee -in -lieu contributions made by all new residential development without regard to existine or committed capacity. c. For roads: The standards identified in section 54-3-9.7 shall be met. (b) Step 2: Subtract the committed capacity: (1) Existing demand based on existing development. The demand for services or facilities created by existing development as provided by the city. (2) Demand to be generated by vested development, valid capacity reservation certificates, and valid certificates of concurrency. The demand for the service or facility created by the anticipated completion of other vested and/or approved developments. Amendment 2: ARTICLE XVIII SITE PLAN REVIEW PROCEDURES Section 54-4-18.4 Information to be Included in Site Plan. (C) Concurrency facilities and other utilities or services. Site plans shall satisfy concurrency management regulations cited in article DC. This component of the plan shall identify demands on concurrency facilities generated by the proposed development and identify how the demands shall be accommodated through improvements. The site plan shall also list the utility providers currently serving the site together with a description of the existing infrastructure serving the site. Include the location, design and character of all concurrency facilities and other utilities, such as underground or overhead electric lines, gas transmission lines, or other similar facilities or services, on the site plan. Concurrency facilities shall include the following: (7) ******Recreation. Identify projected demand generated by the development and cite land and facility improvements provided to ensure the city's level of service is not adversely impacted. The reauirements of section 544-19.11(h) shall be adhered to for all Droiects which include new residential dwelling units regardless of whether a subdivision Dlat is to be retarded. Amendment 3: ARTICLE XIX SUBDIVISION Section 54-4-19.11 Required Improvements and Design Criteria. (h) Dedication of lands for parks and recreation. All residential development shall provide an equitable dedication of land for public park purposes and/or fees in lieu thereof pursuant to the standards stated below and shall comply with concurrency management provisions of chapter III. article IX, Concurrency Management. The standards provided herein are stipulated to implement policies within the parks and recreation element. The standards shall apply to all residential applications for subdivision approval. No property shall be assessed twice for respective subdivision plat applications unless a rezoning subsequently increases the density permitted on a parcel(s) of land. (1) Requirements. As a condition of development, the applicant shall dedicate land to the City of Sebastian, pay a fee in lieu thereof, or a combination thereof, at the option of the city for park and recreational purposes at the time and according to the standards and formula described in this section. (2) General standard. Four acres of property for each 1,000 persons residing in the city {shall} be devoted for park and recreational purposes. To determine park and recreational land to be dedicated within the service area of proposed developments, analysis shall consider available facilities inventoried in the Parks. Recreation and Open SDace element of the City of Sebastian Comprehensive Plan: Pitt Liven:eFy and Analysis. Prior to dedicating such land, the applicant shall provide the city with an environmental audit performed by a registered engineer evidencing that the property does not contain any contaminated or hazardous materials defined by law. (3) Fees in lieu of land dedication. U-it is izmv1.YcztawL3 Ih& WpliawA-ba-the of the e wnsiitthat-nark er—reefea€im fizzy.: --LY. He 1.....,oa in ix.,hale or paf4 wit!1:7. the F:eFsccd dwelling units or le.... the applieant may, n lie.t of dediertinb lwdi, pry a e faifee ea "ad-Y. vzbie e f the lAnd less, the have been _e,...:_ed to be edieated. The city council. uDon advice of the community development deoartment. may determine that all or Dart of the Dark or recreational facility cannot be located within the nronosed subdivision and may therefore waive the reauirement to dedicate land and. instead. shall require the sub -divider to Dav a fee eaual to the value of the land acreage determined by the formula. The following criteria shall be used and shall be stated in the report of city staff to the city council and upon which the city council will base its determination: a. ToDograDhv. geoloev. access and location of land in the subdivision available for dedication: b. Size and shape of the subdivision and land available for dedication: c. The feasibility of dedication: d. Accessibility of previouslv acouired Dark property: e. Conformance with the comprehensive Dlan: f. Appropriate size for Darks and recreational use. The size of parcel to be donated shall be at least one (1) acre. The city shall consider cash in lieu for parcels less than one (I) acre in size. (4) Use of money. The money collected shall be paid to the City of Sebastian and placed in a reserve account within a special fund. The monies and accrued interest from fees paid for any given development shall be used solely for acquisition of parkland or facilities reasonably related to serving said development. (5) Determination of fair market value. Where a fee is required to be paid, in lieu of land dedication, the %l. .e.e of the « ..t «e. shall be dete «ed by Noe . e.. le PeF-fief. wNgk% h)' the 1«d:..« River County p_epeFty poops.... .on the «.e.a reee«t tax cell or the sale priee at the «nest r e«t sale of Noe «repe.ay amount of such fee shall be based on the aonraised value or the purchase once, whichever is greater. The aDoraised value of the land shall be determined by an aonraisal by a qualified. indenendent real estate anvraiser, to be secured by the developer. At the option of the city. the city may also secure an appraisal by a oualified independent real estate anvraiser. the results of which shall be used to determine the value of the land in coniunction with the developer's aonraisal. (6) Technical standards for determining dedication requirement. a. Dedication formula. The following formula shall be used: Average Number of Persons per Dwelling Unit x 4 Acres per 1,000 Persons = Acreage Requirement per Dwelling Unit. EiEaFnple s r.. single c fail.. dwelling unit. i rivers ty of Florida Shunt erg rente. 1996 Asseqsfnent of A ff rdable Lie«..:«..:« City eP Oehg9t:.. 3.40 De_seas,L 1«:t x n e eves ne_ 1,090 De_sens — n nl a ere..rt ai The averaee household size is 2.24 People Der dwelline unit accordine to the Universitv of Florida Bureau of Economic and Business Research (BEBR). December 2020 in Citv of Sebastian: 2.24 Persons/Unit x 4 Acres Per 1,000 Persons = 0.01 Acres/Unit. 1s. Land dedieAdon or fee T6e e:... �ayuil shall d«.er.«:«e ...loet6e_ .e ..,,«e«. 1..«d ded:eat:e« er require payment of a fee in lieu theree f .after eensider-ation of the f Ile...:«... Z1 Tepaph yrelegy, d ltif land the le. gCra, hde e«eeae« e anev-l.vpiraiw 2. Si a shall Ya five ..eres or l.._..er with a ..1.ap mahlrrl. icetures dRptiyeto « e er 1 Ayailabi Pity of potential .dte.- ate «.,_L lands and leeat:e« of « .el.. aequiFed afk prep..iota. and n Censiste«e y with the a rehensiye «l.,« eb. Credit for private recreational space. Unon recommendation from the community development department. Tthe city council may grant £ill er uo to 50 Dercent (50%) partial credit for private recreational space within the development pursuant to the standards established herein. Such credit shall be applied against the total dedication or fee -in -lieu requirements for parks and recreation pursuant to this code. These guidelines and standards are established in order to ensure that private recreational spaces provide an appropriate range of recreational opportunities for residents of proposed developments. 1. The followine formula shall be used: (A x B) / 1.0001 x C = D A = Number of Dwelline Units B = Average Household Size C = Minimum Amenitv Size Der 1.000 Deovle Der Table below D = Minimum Amenitv Size for Full Credit 2. For provided amenities which are smaller than the minimum size for full credit, the allowable credit shall be oro-rated as follows: (Provided Size / D) x Full Credit per Table = Allowable Credit Example: A single-familv develooment of 750 units oroDoses to build a 16.000 souare foot nool. A = 750 B = 2.24 C = 17.000 sa.ft. (750 x 2.5) / 1,0001 x 17,000 = 31,875 sa.ft. Dool for full credit D = 31.875 sa.ft. (16.000 sa.ft. / 31.875 sa.ft.) x 20%= 10% 10% credit against the land dedication reouirement could be credited to the developer of this oroiect if a 16.000 soft. Dool was Drovided on site. 3. Table of Private Recreation Credits Amenitv Swimming Pool Court Plav (Tennis. Pickleball Racauetball. Basketball. etc. Plaveround Open Space Clubhouse Cabana Golf Course Minimum Size per 1.000 Ponulation 17.000 sa.ft. 15.000 sa.ft. 25.000 sa.ft. (fenced and eauiDDed) 22.000 so.ft. (1/2 acre contiguous min.) 8.000 sa.ft. Full Credit % 4.000 soft. 9 Holes Minimum (18 if> 2.500 Don.) c. Reauirements for Drivate recreation space. 20% 20% 10% 5% 20% 5% 30% 1. The yards, setbacks, and other open areas required by the land development code and building codes shall not be included in the computation of private recreational space. 2. The private ownership and maintenance is adequately provided in DerDetuity by recorded written agreement, conveyance, orrestrictions. 3. The use of the private recreational space is restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owner's property and which cannot be defeated or eliminated without the consent of the city council. 4. The proposed private recreational space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, vegetation, hydrology, access and location. 5. Environmental preserves which have boardwalks, nature trails, water access, or other usable recreational features, may count for up to tea fifteen percent of the required dedication. d. Procedure for dedication of land or payment of fees in lieu 1. As a condition of site and development plan approval, the developer shall agree in writing to dedicate land, pay a fee in lieu thereof, or a mixture of both. for parks and recreation as determined by the city council in accordance with this article. 2. At the time of filing of the final plat, or prior to the issuance of a building Rermit for those iouslv determined by the city council. The fee -in - Section 54-4-19.11 (h) (5) above. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. 7 CITY OF SEBASTIAN, FLORIDA m ATTEST: JEANETTE WILLIAMS, MMC JIM HILL, MAYOR CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. anL� E HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Ordinance No. 0-22-03 - Proposed Land Development Code Amendment - Article =1 and Article XVI amending sections relating to murals DATE: February 17, 2022 Agenda Item Title: Ordinance No. 0-22-03 - MURALS A Public Mural Program was presented to the City Council on January 26, 2022 by the Sebastian River Area Chamber as a Community Arts and Cultural initiative within the Community Redevelopment Area (CRA) (mown as the Sebastian River Area Public Mural Program (SRAPMP). The Chamber proposes to create guidelines and program parameters, receive/review submissions, approve artist renderings, approve paint and mural supplies, and execute the agreement between artist and business owner (mural recipient) (SEE ATTACHED). In 2018 the Chamber met with Staff and presented to City Council a similar program which did not get implemented. At the time there were concerns regarding conflicts with the existing sign code and performance overlay districts. In addition, the City does not have written policy regarding murals. Staff recently met with Chamber staff to determine parameters required to support this program. Staff recommends that this program be placed under the guidance of the Chamber as a public art program and not regulated under the responsibilities of the City. This will allow the program to meet the intent of promotion of the City's history and increase tourism. Murals would continue to be covered under general improvements within the City. Several recommendations were presented for consideration by the CRA Board. The CRA Board directed staff to proceed with this program and revise the recommended Land Development Codes as applicable. a. A definition of "mural" is added to Sec. 54-5-22.2 Definition of terms b. A modification to Sec. 54-3-16.3. Exempt signs that include "Murals" with defined parameters, including a waiver of the provisions of the Performance Overlay Sec 54-4-21.A.6 Colors. Murals determined to be advertising for the business shall be considered a "sign" and shall be included in the calculations of allowable sign area in accordance with Article XIV. A first reading of the Ordinance will be scheduled for City Council on March 9, 2022. Staff recommendation: RECOMMEND APPROVAL OF ORDINANCE NO 0-22-03 Lisa Frazier, Director Community Development Department ORDINANCE NO.O-22-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54- 3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council supports the Community Arts and Cultural initiative within the Community Redevelopment Area (CRA) to create the Sebastian River Area Public Mural Program (SRAPMP) by the Sebastian River Area Chamber; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to Murals; and WHEREAS, the Local Planning Agency held a public hearing on February 17, 2022, and made a recommendation to City Council to Ordinance 0-22-03. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE XXII. LANGUAGE AND DEFINITIONS Sec. 54-5-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the comprehensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Mobile home. A structure transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical systems contained therein. Calculations to determine the number of square footage in a structure will be based upon HUD standards, and such structures are subject to the regulations set forth therein. For the purposes of this code, a mobile home shall not be considered a single-family dwelling unit. Mural. Artwork auulied to the wall of a building that covers all or substantially all of the wall and depicts a scene or event of natural, social, cultural, or historic significance. Nameplate. A sign stating only the name of the occupant and his or her occupation or specialty. Amendment 2: ARTICLE XVI. SIGNAGE AND ADVERTISING Sec. 54-3-16.3. Exempt signs. Signs exempt from permitting. The following types of signs do not require a permit provided the sign shall not violate section 54-3-16.4, Prohibited signs. With the exception of public signs, the following signs shall comply with all applicable requirements in the zoning district where installed; comply with other provisions in this subsection; and be consistent with the spirit, intent and purpose of this article: (1) Address sign. Address signs not exceeding four square feet shall be permitted. (2) Instructional signs. (3) Home nameplate. Nameplate signs not exceeding two square feet shall be permitted for single-family homes and duplexes. (4) Public signs. (5) Flags. When used for symbolic, noncommercial purposes. (6) Real estate signs. Only one sign, shall be permitted, per street frontage, on each parcel of land located in any district provided that such signs do not exceed an area of six square feet in a residential district and 16 feet in a commercial, industrial or institutional district. Said signs may include "Open House," "Open For Inspection," "Open" and other similar signs. Such signs shall be removed within 30 days after the closing of the sale. (7) Off -premises open house signs. Each residence that is open for inspection for sale or lease may have the seller or the agent install off -premises open house signs to direct persons to the open house, subject to the following: a. The sign shall not exceed four square feet in sign area, shall be located at least five feet from the adjacent road, and shall not exceed a height of three feet above the crown of the road. b. The message shall be limited to "Open House," "Open For Inspection," or substantially similar phrase, and the name of the owner of the sign. C. Each sign shall be made of metal, plastic, wood, or other weather resistant material. Paper or cardboard signs are prohibited. d. Each sign shall not be installed off -premise before 9:00 a.m. and shall be removed each day not later than 8:00 p.m. Any such sign in violation of these restrictions may be summarily removed by the city without notice. (8) Election season signs. Subject to the provisions of subsection 54-3-16.5(e)(3). (9) Construction signs. Construction signs shall be permitted only while construction is actually in progress and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first. No such sign, however, shall be erected prior to the issuance of a building permit. Such signs shall not exceed an area of 16 square feet. Each sign shall be at least 20 feet from contiguous property lines of adjacent land owners and at least five feet from any right-of-way. (10) Window signs. For each facade, such signs, collectively, may not cover more than 50% of the total surface area of the transparent portion of all window(s) and door(s). Signs attached permanently to the interior of a building window or glass door shall be required to obtain a permit and the area of said sign shall be counted against the allowable signage permitted. (11) Holiday signs. Displays, including lighting, erected in connection with the observance of holidays. Such signs shall not be installed more than 60 days before the holiday and shall be removed within 30 days following the holidays. (12) Vehicular signs. (13) Future tenant identification sign. Such signs shall be permitted only while the development permit approval is in progress for a commercial or industrial activity and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first. Such signs shall not exceed an area of 32 square feet. Each sign shall be at least 20 feet from contiguous property lines of adjacent land owners, at least five feet from any right-of-way, and shall be located on the site where the use will occur. (14) Garage sale signs. Only one sign, not exceeding four square feet located on the property of the residence where the garage sale is being conducted is permitted. Such a garage sale shall have received a permit from the city as required by section 82-51, Code of Ordinances. Said sign shall not be erected before the beginning of the garage sale and shall be removed each day at the close of the garage sale or by the end of daylight, whichever occurs first. Said sign shall not be located in the right-of-way. (15) Murals. Allowable in the Riverfront and Triangle Overlay Zoning Districts: commercial property only. One mural_ner building and shall not exceed 100 nercent of the size of one wall. Murals that utilize more than one wall shall adhere to size parameters and be continuous in approved category. A mural shall be prohibited from facing a residential zoned district. Text or lettering shall not exceed ten percent (10%) of the area of the mural. Murals determined to be advertising shall be considered a sienn and shall be included in the calculations of allowable sign area in accordance with Article XVI. Mural applications will be approved with the guidelines set forth by the Sebastian River_Area Public Mural Program (SRAPMP). Murals under this program are exempt from Sec. 54-4-21.A.6 Colors. Subiect to approval by the City and the Sebastian River Area Public Mural Program Committee. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of 12022. CITY OF SEBASTIAN, FLORIDA JIM HILL, MAYOR ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. CITY ATTORNEY Attachment I SEBASTIAN RIVER AREA PUBLIC MURAL PROGRAM (SRAPMP) Mission Statement It is the mission of the Sebastian River Area Public Murals Program to showcase the charm of our Sebastian River Area rich in history and modeled to promote tourism, community interactivity, and increased local business awareness. Objective To be included on the Visit Florida Mural Trail(httDs://www.facebook.com/floridamuraltrai1/) All over the state, from small towns to big cities, blank walls are doubling as artists' canvases, sprouting scenes of Florida's agricultural and pioneering heritage, fishing and surfing history, and its wildlife and natural resources. The art of the mural is hot in the Sunshine State, echoing a nationwide trend celebrating public art. In just a few years, the medium has grown so much that a new tourism industry has sprung up, too. Guided walking and biking tours, which explain the meaning and the movement, inspiring travelers to go out of their way to take in the scenes. Murals are powerful ways to tell the story of a community. Perhaps the most significant 21s` century byproduct of all these murals? They have become the backdrops for engaging photos posted prolifically on social media (Search ilmurals on Instagram). (httos://www.visitf]orida.com/travel- ideas/articles/Florid a-m urals-tra i I -statewide -tour/) Proposed Policy and Agreement between CRA and SRA Chamber of Commerce A policy and agreement has been created by the Sebastian River Area Chamber of Commerce entitled 'PUBLIC MURAL PROGRAM" for new development and redevelopment in non-residential districts within the Community Redevelopment Agency (CRA). This program is provided as a Community Arts and Cultural initiative in cooperation with the City of Sebastian CRA Board. Sebastian River Area Chamber of Commerce is responsible for creating guidelines and program parameters, receiving submissions, approval of artist renderings, approval of paint and mural supplies, and execution of agreement between artist and business owner (mural recipient). Reasoning Communities throughout the United States have implemented public art programs committing to the placement of public art in urban environments. Instituting an arts and culturally based program provides an opportunity to showcase and strengthen our Riverfront and outlying communities. Murals build a sense of community; they make it welcoming and walkable, and they make you want to go there. Access to the Arts is intrinsic to a high quality of life. A public mural program contributes to the aesthetic character and cohesiveness of our expanding community and encourages showcasing artistic talents and community -based mural projects. Both of which are vital for economic development, attracting new revenue through increased tourism, and promoting our Sebastian River area image as a "charming fishing community." Florida's tourism industry is one of the largest in the nation and welcomed nearly 145.4 million visitors and spent close to 100 billion dollars during the 2019 calendar year pre-covid. The current economic data for 2021 is expected to triple pre-covid numbers. Touring & Sightseeing was in the top five activities by Florida's domestic visitors. (htts: www.visitflorida.ors/mediaQ0679/florida-visitor-economic-large-impact-studv.pdf) Florida's arts and cultural community contribute to a large part of this activity generating $4.68 billion with more than 65% of visitors taking part in at least one culturally based activity during their trips. A recent study by Mandala Research found that cultural tourists spend 60% more per trip than those that do not take part in cultural activities. These visitors also stay longer and take more trips per year. Cultural tourists represent a market to be tapped to generate new audiences and new income. (httos://dos.mvflorida.com/cultural/info- a nd-op p ortu n ities/resou rces-bv-topic/economic-im pad -of -the -arts/) In addition to building a strong arts and cultural environment, additional revenue opportunities exist through online sales and print materials managed through the Sebastian River Area Chamber of Commerce. Mural Guidelines and Submission Process To qualify and be considered for the Public Mural Program, the following parameters must be met: 1. Paintable wall area not to exceed 50% of total exterior building square footage 2. Mural category selected in one of the following: a. Beach / Indian River Lagoon / Lakes, i.e., Stick Marsh / Rivers, i.e., St. Sebastian River b. Birds in Florida, i.e., white pelicans, roseate spoonbills, ospreys, herons, ducks c. Fishing / Fishing Village d. History/Treasure Coast e. Interactive, i.e., bird wings, 3-D f. Native Flora (plants) & Fauna (animals), i.e., mangroves, palm trees, sea turtles, alligators, manatees 3. Business owner agreeable to project 4. Building owner/lessor agreeable to project 5. Business owner understands costs will be associated with this project and defined for their consideration (defined per project) If all factors above are understood by affected parties, the mural process is defined as follows: 1. Business owner to complete Mural Application Form 2. Sebastian River Area (SRA) Chamber of Commerce Mural Committee receives application, $50 non- refundable fee, and schedules interview with requesting business. Upon completed interview, documentation is required to gain approval of the City of Sebastian. a. Mural Application Form completed b. Authorization & Agreement by the Lessor/Lessee and Artist signed c. Artist approved through Mural Committee d. Artist rendering and supplies list provided e. Mural Questionnaire for Artist completed and agreed to by all parties f. SRA Chamber checklist approved by President/CEO 4. SRA Chamber of Commerce acts as liaison for mural project and presents mural project to Community Development Department for approval 5. Upon decision from Community Development Department, either a denial notification is communicated to all affected parties; or an approval notification is recorded with Mural Committee and all affected parties notified. ***Debrief Meeting request should mural not be approved 1. Approved as proposed 2. Approved with modifications 3. Denied for reasons stated SEBASTIAN RIVER AREA PUBLIC MURAL PROGRAM (SRAPMP) Committee Oversight COMMITTEE OVERSIGHT Ensures guidelines and documentation requirements have been met, including permitting requests, mural application, collection of fees, and provides information for potential funding resources. Presents each project to the CRA Board for final approval. MURAL SELECTION Mural selection must be in alignment with mural program policy. A mural category must be selected for each project submitted. The categories are: MURAL CATEGORIES • Beach / Indian River Lagoon / Lakes, i.e., Stick Marsh / Rivers, i.e., St. Sebastian River • Birds in Florida, i.e., white pelicans, roseate spoonbills, ospreys, herons, ducks • Fishing / Fishing Village • History / Treasure Coast • Interactive, i.e., bird wings, 3-D • Native Flora (plants) & Fauna (animals), i.e., mangroves, palm trees, sea turtles, alligators, manatees MURAL EXECUTION As part of the Mural Committee, an Execution Team will be established and responsible for each project and serve in the following capacity: oversight of mural artist project and supplies and ensuring completion of each mural project to standards defined. Each committee member agrees to serve at least a (12 month) term. MURAL MARKETING I PROMOTIONS As part of the Mural Committee, a Mural Marketing Team is established and responsible for the digital snapshot of each mural completed with final approval/sign off from CRA. CHAMBER RESPONSIBILITY • Mural Committee coordination • Research funding opportunities • Establish guidelines for program • Accept, review, and approve applications • Submit to Sebastian Community Redevelopment • Connect artists and potential mural owners • Promote the mural trail MURAL FUNDING RESOURCES *Private donation/sponsorship *Public Source *Grants *Art Patron HOOKE I MURAL APPLICATION 1. Subiect Propertv Information, Business or Building Name: Address of Proposed Mural: Proposed Wall(s): Area (square footage): Size of mural in relation to actual wall size: The wall is: _ Stucco _Brick _Cinderblock _Siding Attached photo or sketch with wall's dimensions ® Attached recent photograph of the wall 2. Applicant or Representative Contact Information, Name: Company: Mailing Address: City: State: Zip: Telephone: Email: 3. Propertv Owner Contact Information, Owner Name: i Contact Person (if owned by corporation): Mailing Address: City: Telephone: 4. Mural Proiect Mural Category: State: Zip: Email: ❑ Beach / Indian River Lagoon / Lakes, i.e., Stick Marsh/River, i.e., St. Sebastian River ❑ Birds in Florida, i.e., white pelicans, roseate spoonbills, ospreys, herons, ducks ❑ Fishing / Fishing Village ❑ History & Treasure Coast ❑ Interactive, i.e., Bird Wings, 3-D ❑ Native Flora (plants) & Fauna (animals), i.e., mangroves, palm trees, sea turtles, alligators, manatees Briefly describe the proposed mural: How will it benefit the community/city? We are looking for creative, meaningful, and innovative projects that help tell the story of the Sebastian River Area. Please make your pitch and convince us that your mural should be on the top of the list! 2 *Please include a rendering of the artwork 6. Applicant Signature (please initial each line & sign the bottom) I have read and agree to the Sebastian River Area Public Mural Program Guidelines. I understand the finished mural must match the attached rendering. I understand there is a $50 application fee payable to Sebastian River Area Chamber of Commerce due with submission of Mural Application. Applicant Signature: Date: Please remit signed application, fee, wall photo, and art rendering to: Sebastian River Area Chamber of Commerce 700 Main Street Sebastian, FL 32958 Cthibault@SebastianChamber.com 3 SEBASfIAN RIVER AREA PUBLIC MURAL PROGRAM (SRAPMP) Authorization &Agreement by the Lessor/Lessee and Artist This agreement is made on DATE between: ADDRESS the ARTIST Of ADDRESS LESSORAESEE Oblieations LE.S.SDR/LE.S.SEE of (herein called the "LESSOR/LESSEE") and (herein called the "ARTIST") 1. The LESSOR/LESSEE shall choose a theme for the mural and will work with the ARTIST to establish a rendering to be presented to the SRAPMP Committee. 2. Any changes to the rendering must be submitted with a change order to the SRAPMP Committee prior to moving forward with the project. 3. The LESSOR/LESSEE must turn in all required documentation and have approval from the SRAPMP Committee prior to start of the project. 4. The LESSOR/LESSEE shall prepare the wall according to the ARTIST'S standards. S. Upon preparation of the project $ is payable to the ARTIST for materials/supplies etc. 6. LESSOR/LESSEE agrees to provide certain necessities to the ARTIST as needed, i.e., restrooms, electricity, hose, etc. 7. The LESSOR/LESSEE shall pay in total $ to the ARTIST upon completion of the mural. 8. The LESSOR/LESSEE is responsible for the upkeep and maintenance of the mural. 9. LESSOR/LESSEE agrees equipment being used will not block right of way, if needed, permitting from the City will be required. 10. LESSOR/LESSEE agrees that no landscaping be removed for murals and if damaged, must be replaced according to City code. 11. LESSOR/LESSEE agrees the mural will not interfere with the Community Development sign code ordinance. ARTIST Obligations 1. The ARTIST must provide a rendering of the design to the LESSOR/LESSEE-for approval by the SRAPMP Committee prior to starting the project. 2. The mural project will begin on and be completed by (must not exceed 90 days.) 3. The ARTIST must work with the LESSOR/LESSEE to set a schedule for painting as to not interfere with the LESSOR/LESSEE'S business being conducted. 4. The ARTIST shall only paint on the designated mural wall space. Location: 5. The ARTIST will provide a complete supplies and materials list to the lessor/Lessee. 1 6. The ARTIST will be responsible for all artist's supplies and materials, equipment, and travel accommodations as agreed upon with the LESSOR/LESSEE and provide such documentation to the SRAPMP Committee. 7. ARTIST agrees to release all ownership rights of the completed mural. 8. ARTIST agrees to allow the SRAPMP Committee, the Sebastian River Area Chamber of Commerce, and the LESSOR/LESSEE, to use their name, likeness, and mural for publicity and promotional purposes without additional compensation. 9. The ARTIST shall have no right to a claim of loss or damage in the event that the wall upon which the mural is located is damaged or destroyed in any way. 10. The ARTIST assumes all risk of Injury, illness, damage, or loss to themselves or to their property that might result from their participation in this project. 11. ARTIST agrees to release and discharge the LESSOR/LESSEE and its officers, employees, and agents, from any and all claims, liability, loss, penalties, expenses and costs arising out of their participation, except to the extent that such liability is caused by the LESSOR/LESSEE'S gross negligence or willful misconduct. 12. The ARTIST understands that they are not responsible for the upkeep maintenance of the mural. We have read this document fully and agree to release and hold harmless the Sebastian River Area Chamber of Commerce, the City of Sebastian, and the Sebastian River Area Public Mural Program (SRAPMP) Committee, from all liability for any claims or damages. We understand that this document will be recorded with the county and the terms of this agreement are binding to the LESSOR/LESSEE respective heirs, successors, and assigns to the warranty deed in the event of a property sale. We understand that the purpose of the SRAPMP Is to showcase the charm of the Sebastian River Area, rich in history, and modeled to promote tourism, encourage community interactivity, and increase local business tourism. LESSOR/Building Owner Signature DATE LESSEE/Business Owner Signature DATE ARTIST Signature DATE 2 Mural Document Packet Review & Checklist Business: Contact: Phone: Email: Interviewed N Date: Mural Application and Fee Lessor/Lessee/Artist Notarized Agreement Colored Rendering of Mural Art City Approval Documentation Approved By: Date: