The URL can be used to link to this page

Home My WebLink About02251998SUBJECT: Fund raiser at the parking grassed parking area adjacent To Tulip Drive for a rummage sale by the Sebastian Soccer Association AGENDA NO. DEPARTMENT ORIGIN: City Manager DATE SUBMITTED: 2-25-98 Approved for Submittal by: MEETING DATE: 2-25-98 EXHIBITS: none Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A N/A SUMMARY The Sebastian Soccer Association would like to hold a rummage sale on March 7, 1998 at the northwest comer of the Sebastian Panther's Football facility (grassed parking area). It wold be similar to a yard sale RECOMMENDATION Move to authorize a rummage sale on the Sebastian Panthers parking area subject to a special events permit application and approval with filing fee permit and bonds waived. 301Jettie Terrace Sebastian, FL 32958 561-388-3449 February 17, 1998 Mr. Tom Frame, City Manager Sebastian City Hall 1225 Main Street Sebastian, FL 32958 Dear Mr. Frame: I am writing to request permission to use Riverview Park on Sunday, March 29, 1998 to hold a benefit fish fry to raise money for the Rodney Kroegel Emergency Fire Fund, an effort to restore the home of Rodney Kroegel on Indian River Drive. We will need electricity to run the cookers. We have two tents available (approximately 15' x 20' each) which we may or may not use. Tickets will be sold in advance through local merchants and at the March 14 Pelical Island celebration. We hope for a turn-out of 200 to 400 people, and the times will be 1:00 to 4:00 p.m. When I say "we," I actually mean "me." I have spoken with the Fire Department and they will provide the cookers. I have spoken with other local groups, including the Chamber of Commerce and Sebastian River Junior Woman's Club, about the Fire Fund. I hope to have firm commitments for all aspects of the benefit fish fry by the end of February. I spoke with Rep. Sembler's office and he offered encouragement and support for this project. He recommended that I call Judah & Son about the fish, and I have done so. As I said, I hope to have all plans in place by March 1st, and your permission to use the park will, I am sure, contribute to the success of this effort. My telephone number is 388-3449 and you are welcome to call me if there are any questions. Sincerely, Jane Capo Enc P.S. For your reference, I am enclosing a copy of an article that appeared in the Florida Today newspaper on February 2, 1998. Historical group plans to help man rebuild home By Rolanda archer-Gallop "- :/~. · FLORIDA TODAY . ;, :- 7,- SEB~ .- While authorities con. tinue to search for suspects in the fire that destroyed Redney Kroegers..home, a local organization b rallying to raise,money so the slructm'e can be rebuilt · .--;'. .... · "I'm treating this as a'bu~ary'ar'J°n,'~, county fire investigator Robert,Von Buelow said Friday of the Dec. 30 fire that:, consumed most of-'KroegeTs Indian*Rlve~,;...' Drive home. . .;,~ ,.. .,: .,. ~; ....... "A burglary did take place-and we've. determined that three specifiC:household . items are m/ssin~,".he said. "I can't say with 100 percent certainty that tile fire was a direct result of thatburglm'~,'but l~,s'pre~: ably safe to amume they are related- Authorities still are searching for a late- model brown Dodge Dakota ~ a neigh-'; Von Buelow said he didn't find any accl~, dental cause for the blaze, witch started Iff: the main hallway and destrol~ed.~,many of. the lifelong mementos'collected: by;'the~' 94.year-old son of the n~tion's' flr~.Sam, e warden, Paul Kroe~eL ~'--:~-'- :~'- '--'. '-':.. ..,' .' .~ Rodney Kroegel'.had 'li¥~i .' in the. 1920s.style home seated on the outskirts of~. his family's homestead for 70 yea~ He was. a flu patient in the Sebastian River Medical. Center when the fire occurred-... better and would tike to see his'home:'~' bu/lr. '~rhey say it can be rebuilt, sO I'd like R's also something Jane Calx, would Ilk. e,.. The Sebastian resident, who met Kree-! gel through the Council on Agings Meals.' on Wheels program, has organized an. effort in conjunction with the Indian River-' · County Historical Society to sell' 200 of the . societT's $10 calendars with proceeds d~_ cated to restoring the home.. '..~*.'??'~. ~ :~'.-.': "When I found out that hts hom~ could be repaired,.I thouggt, why sli'Stlidzt~lt be~'. she said. '. Capo hopes to begtn selll~ th~' cal- endars to area merctmnts today after find- lng a sponsor for the effort. The calendars, which commemorate Paul Kroegel and the. Pelican l~land Nattonaf. Wildlife Refuge,'~ also can be found at the Sebastian: River They also are being ~ld by members of the Pelican Island Preservatloq and~ .a~-..~ Don Ben:aw, president of the .~u~,'.~, toricai society, said the greui~ had printed 200 more calendars ~h~n"IIS'USUSJ' 250 and that the surplus was pegged to pay:. for other soc, iety projects such as erecting the Paul Kroegel statue in March and res- toration efforts of Macedonia Baptist Church in GifforcL . '~towever, all of that'money ~ now go to the house restoration," he said. "As a his- torical society, we are fully committed to preserving and restoring a historic struc. tare. We believe this is a worthy cause.: Kroegel agreed- "We sure need the money. Right now, I've got to:start .from' scratch, and every little bit helps." FE~ 24 '98 13:35 February 25, 1995 MEMORANDUM TO: BOB MASSARELLI, AICP, COMMUNY~ DEVELOPMENT DIRE~OR FROM: LES SOLIN, AICP, PLANNING CONSULTANT TO SEBASTIAN SUBJ-E~: COMMENTS ON SHARED PARKING ORDINANCE Since you have previously requested my opinions on the shared parking issue, I believe it is appropriate that I provide comments on the current dra~ of the shared parking ordinance ~O-98-04. Question R~:l, tions Based on Owuer~ip. §7 of the Shared Parking Ordinance allows share parking to be considered only if located on different prope~ies under multiple ownership. This provision appears inconsistent with best planning practices and prindples since: In order to avoid a charge ofarbitra7 and capricious regulation, land use fegulatiorts should not be based on forms of land ownership. All properties within the same zoning district should be treated equally under the law. Therefore, a shared parking ordinance should regulate similar land uses' within a common zoning district in a like manta. No lot, parcel or building site should be given special privileges not shared by other properties within the same zonin8 district. The proposed ordinanc~ would treat properties u_n~er multiple ownership diff~y tha~ properties under oae ownership. R~ommendatioa: This provision could target the district or districts where the City wishes to allow shared parking. At any rate, ownership should not be a criteria. Need for More Substantive Criteria for Rendering Deci/ioas on Shared Parking. §7(1) appears to be.the only 8uide to decision makers concerned with determining wheth~ shared parking spaces should be approved and how many spaces should be provided. This provision states: "The parking provi~ shall be determined by the use with the highest parking requ/rement ar the ctmm/a~ toro/for the use~;" This provision should be ddeted and replaced by the followi~ provisions: Recommendation: Expand this section to include the following criteria: '~'he total number of shared parking spaces required pursuant to the City's Land Development Code shall not be reduced unless the applicant demonstrates to the satisfaction of the City thai. a reduction in the total number of parking spaces is reasonable and complies with the lo,owing criteria: MutusHy Exclusive Hours of Operation. The uses involved in shared parking shall have different and mutually exclusive hours of operation (i.e., the operating hours of the uses do not ov~q~). The applicant(s) shall provide a certified affidavit from all property owners and all tenan~ as may be approprisIe, stipulating that: 1) the hours of operation of'the subject uses for which the shared parking is desired are mutually exclusive and do not overlap; and b) the parties shall specify which land uses shall use the parking spaces at any given thne. Required Minimum Number of Spaces. The total number ofparkin$ spaces provided shall be sufficient to meet the projected parking needs of the proposed uses. No shared parking shall be approved unless a minimum of 20 parking spaces shah be provided. Limitation on Parking Space Reduction- A shared parking agreement shall not reduce the total number of parking spaces by an amount which exceeds fii~ percent (50%) of the parki~ spaces r~tuired for the use generatir~ the least number of parking spaces. d, R~hten~d Uses Shall Not Be Included. Parking area required for residential uses shall not be included in any shared parking area. Required Legal Instruments. Any proposed reduction in parking spaces shall be subject to the recording of enforceable covenants and agreements approved by the City prior to issuance of a building permit or certificate of occupancy as may be appropriate. The covenants and agreements shall ensure that appropriate programs are imple~n~ed for the life of the use and shall be required as a condition of the approval of the shared parking an-angcal~, The covenants and a~reements shall state that there is an encumbrance on the title of the affected properties which shall be valid for the total existence of the use or uses for which the parking is needed. Required Site Plan and Development Agreement, Any City approval of a shared parking proposal shall require a site plan approval, the terms and conditions of which shall be executed by a development agreement duly approved pursuant to Article Iii of the proposed Land Devdopment Code (Note: In the interim, prior to the'adoption of the Land Development Code amendments, the development agreement shall be compliant with §163.3220-3243, F.S.). SUMMARY. The language suggested herein obviously can be varied to address unique local issues, values, and intere~. However, based on my past experience, the issues acknowledged herein should be addressed in the adopted shared i:~rking ordinance. I I I I I I I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 c~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 25, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council - limit often minutes per speaker (R-97-21) 1, CALL TO ORDER I I PLEDGE OF ALLEGIANCE INVOCATION - Police Chaplain Frank Camilio ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/ORDELETIQNS] Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) I I PROCLAMATtOL~S. ANNO_UNC3EME~S AND/OR PRESENTckTLON$ L-'ITY ATTORNEY MATTERS CITY MANAGER MATT]~I~ I I I 1-20 98.044 21-26 98.001 27-31 98.004 33-45 98.O45/ 97.077 47-48 98,025 49 98.046/ 97.160 51-52 e CONSENT AGEN1)A ,4ll items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/4/98 Workshop, 2/11/98 Regular Meeting Resolution No. R-98-09 - Support Funding for Regional Planning Councils (City Manager Transmittal 2/19/98, R-98-09, TCRPC Memo 1/23/98) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SUPPORTING PFJlMANENT AND CONSISTENT FUNDING FOR REGIONAL PLANNING COUNCILS; PROVIDING FOR REPEAL OF RESOLIYrIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-98-10 - Falcon Cable Franchise Extension to 5/7/98 (City Manager Transmittal 2/19/98, R-98-10) A RF_~SOLIfI1ON OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL ~ IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCH2[SE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize City Manager and Police Department to Continue Participation in State of Florida EMS Matching Grant Which Would Pay 75% of Cost of Automated External Defibrillators or $13,312.50 - Request Approval for 25% City Matching Funds in the Amount of $4,437.50 (Chief White Transmittal 2/18/98, Grant Application and Appeal Letter) 98.003 H. 53 Approve One Year Contract Extension/Renewal Entitled Agreement for Providing Sod - B & T Sod (City Manager/Asst. to City Manager/Purchasing Transmittal 2/5/98) 98.047 I. 55-56 98.048 J. 5~58 Approve C.R. McLellan Change Orders 21 through 30 in the Amount of $121,936.95 - Culvert Replacement Contract - 2nd Quarter FY 98 (Public Works Director Transmittal 2/18/98) Approve Maxwell Contracting Change Order #1 on Purchase Order 1861 in the Amount of $8,379.84 and Craven Thompson Change Order #2 on Purchase Order 1520 to Craven Thompson in the Amount of $3,000 - Dempsey/Vocelle Drainage Improvement Project (Public Works Director Transmittal 2/18/98) Approve Wood 'N' Nichols Change Order in the Amount of $7,656.80 for Barber Street Sports Complex Retention Pond Fencing Bid (Public Works Director Transmittal 2/9/98) Damon Laziman Wedding Reception - Approve A/B Use in Conjunction with Use of Community Center on March 14, 1998 - 2 pm to 6 pm - Age Verified (City Clerk Transmittal 2/17/98, Application) Patricia Jones Wedding Reception - Approve A/B Use in Conjunction with Use of Community Center on April 18, 1998 - 6 pm to Midnight - Age Verified (City Clerk Transmittal 2/I 1/98, Application) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! 98.041 98.019 59-116 11. 12. 98.009 117-122 98.049 123-128 PUBLIC HEARING Procedures for public hearings: (R-97-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° StaffPresentation · Public Input - Limit ofl 0 Minutes Per Speaker · StaffSummation ° Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting When Called go to the Podium and State His/Her Name for the Record Ordinance No. 0-98-04 was advertised for public hearing at this meeting, however, in accordance with recommendation of the City Attorney and due to substantial revision to the ordinance, another first reading will he required The ordinance is listed under New Business. Advertised_Second Reading. public Hearing and Final Adoption of Ordinance No. O-98-04 - Shared AN ORDINANCE OF THE CITY OF SEBASTIAlq, INDIAN RIVER COUNTY, FLORIDA. AMENDING SECTION 20A- 8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 1st Reading 2/11/98, Revised, Advertised Legal 2/14/98) Firs~ Reading and Fits[ Public_Heariag of Ordinance No. O-98-06, Riverfr0nt Perforrpance Overlay Di~tric~ - Schedule Second Reading. Second Public Hearing.~d FiOal Ado. ptionfor 3[11/98 (Director of Community Deyelopmen.t Transmi[tal 2/5/98. 0-98-06) AN ORDINANCE OF TI-lE CITY OF SEBASTIAN, INDIAlq RIVER COUNTY, FLORIDA, AMENDING TIlE LAND DEVELOPMENT CODE BY CREATING DIVISION VI, PERFORMANCE OVERLAY DISTRICTS, CREATING THE RIVERFRONYr DISTRICT, STATING PURPOSE AND INTENT, PROVIDING FOR DEF'IN1TIONS, PROVIDING FOR ADMINISTRATION, PERI~TS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING RIVERFROblT DISTRICT ARCHYI~CTURAL CODES, ESTABLISHING RIVERFRONT DISTRICT URBAN CODE, ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SIGN REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIYE DATE. Advertised Display 2/18/98 INTRODUCTION OF NEW BUSINESS FROM THE pUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS Code Enforcement Board (City Clerk Transmittal 2/17/98, Flescher Application, Board List) Interview and Appoint to Three Year Regular Member Position - Term to Expire 3/2001 Direct City Clerk to Readvertise for Alternate Position Handicapped Self-E_valuati~ Committee (City Clerk Transmittal 2/17/98, Browning Application, Board List) Interview and Appoint to Unexpired Regular Member Position - Term to Expire 6/99 Direct City Clerk to Advertise for Alternate Position 98.050/ 97,235 129-141 98.006 143.148 98.041 149-155 98.051 15~178 13. 14. 15. 16. OLD BUSINESS A. Status Report on Parking Restrictions Along West Side of indian River Drive (City Manager Transmittal 2/20/98, R-97-68, R-97-66 and R-97-69) [qEW BUSINES~ Ao First Reading of Reyised Ordinance bio. O-98-07 Mulching Machines - Schedul~ Second Rea~ling and Public Hearing for 3/11/98 (Director Qf Communily Development Transmittal 2/19/98, Revised 0-98-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING '1TIE LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR THE REGULATION OF COMMERCIAL MULCHING MACHINES AS A SPECIAL USE PERMIT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Bo First Reading of Revised Ordin~c~ No. O-98-04 Shoxed Parking - Sclaedu[e Second Reading. Public Hearing for 3/11/98 (Director of Comm~a~ity Development Transmittal 2/1~/98, 0-98-04) C° AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS; PROVIDINO FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (I st Reading 2/11/98, Revised, Advertised Legal 2/14/98, Notice of Cancellation of Hearing 2/24/98, 1st Reading 2/25/98) Approve Cooperative Agreement for Sembler's Riverwalk Marina and Authorize City Manager to Execute (Director of Community Development Transmittal 2/19/98, Agreement) CITY COUNCIL MATTEI~ A. Mayor Walter Barnes B. Vim Mayor Richard Taracka C. IVes. Louise Cartwright D. Mr. Larry Paul E. Mrs. Ruth Sullivan ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour tiy a majority vote of City Counci0 4 I I I I I I I I I I I I I I I I i I I I I I I I I I I I 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. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meeting~: Special Meeting (CLUP Transmittal Hearing) - Wednesday, March 4, 1998 ~ 7pm Regular Meeting - Wednesday, March 11, 1998 ~ 7pm Special Meeting (Election Matters) -Monday, March 16, 1998 (~ 7pm Regular Meeting - Wednesday, March 25, 1998 ~ 7pm 5 I I I City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA TELEPHONE (-,:61) 589-5330 c; FAX (561) ~89-E570 SEBASTIAN CITY COUNCIL/ CODE ENFORCEMENT BOARD JOLNT WORKSHOP MINUTES I I I I i I I I I i I I I WEDNESDAY, FEBRUARY 4, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwdght Mi-. Larry Paul Mrs. Ruth Sullivan Code Enforcement Board Members Pre~ent: Thomas Cormelly Joseph Flescher Joseph Gcnerazio Mack May Salvatorc Neglia Michael Oliver ~taffPresent: City Manager, Thomas Frame (7:25 p.m.) City Attorney, Valerie SeRies City Clerk, Kattu~ O'Halloran Chief of Police, Randy White Director of Commtmity Development. Bob Massarelli Building Official, George Bonacci Code Inspector, Ken Schmitt Code Inspector, Randy Boner Deputy City Clerk, Sally Maio City Counci/Code Enforcement Board Workshop February 4, 1998 Page Two 4, WORKSHOP ITEMS 98.033 ~ode Enforcement MaRers 1. Introduct, ion It was the consensus of City Council to allow public input after staff presentation. The Director of Community Development intxoduced the Code Enforcement Board and staff members, explained the Code Enforcement process, gave a presentation as outlined on the agenda and recommended problems be reviewed and methods be implemented to improve the process. 2. Florida Statute~ The City Attorney reviewed and explained FS 162,01 through 162,13, She said that staff'is currently working on ways to improve the process of legal representation. 3. City of Sebastiqn Code Enforcement The City Attorney reviewed and explained the City's Codes relative to Code Enforcement. She cited those provisions that do not track Florida Statutes and may be in conflict. 4. Code Enforcment procedtlr~ The Director of Community Development explained the relationship of Code Enforcement to other activities of the department, and noted that good Code Enforcement requires good codes to follow. He reviewed Code Enforcement procedures, specifically noting that complainants are not required to leave a name, thereby making it difficult to follow through to notify complainants about the outcome of a matter. He said Code Enforcement inspectors try to work with property owners to comply. The City Attorney said matters are brought before the board even when corrected once a notice of violation is issued so that the matter is of record for future repeat violations. 5. Code Enforcment Activities The Director of Community Development presented charts showing Code Enforcement activity for one of thc officers for 1997 which indicate the officer works with property owners toward compliance. TAPE I - SIDE II (7:45 p.m.) The Director of Community Development presented another chart showing activity from 1993 to 1997, 2 i i' I I I I I I I ,I I I I I i i i i I City Council/Code Enforcement Board Workshop February 4, 1998 Page Three 6. Stal'f's Evatuatkm The Director of Community Development explained the new Code Enfomement computer system being implemented and said Code Enforcement needs: · written procedures · better cost accounting · to bring better cases to the board with clearly stated cases, evidence, wimesses, subpoenas, orders · to impose fines when it can, however, compliance is more important · to do a better job of reporting activities, which the new software will generate · consistency in the Code (he cited examples of conflicts in several areas) He closed by saying staff recognizes there is room for improvement and is taking steps to improve the system. Public Input/Council Oueations and Discussion Mayor Barnes requested that Corfine Van Buskirk be allowed to speak at this time because she had to leave. Ms. Van Buskirk submitted a letter of request for a written response to her several inquiries on Vickers Grove sandmine relative to compliance with submittal of almual reports, bonds and setbacks. The Director of Community Development said for the last two years the reports were incomplete, however, the property owner had been notified and he had submitted a corrected report. Ms. Van Buskirk said the report does not coincide with what was permitted. Mayor Barnes requested Ms. Van Buskirk to leave her letter with the City Clerk who would copy it to Council; and directed the Ci~ Manager to look into it. Keith Miller, 961 Riviera Avenue, Sebastian, cited several areas where he felt there were violations: * vehicle with signs parked permanently on US 1, which he said, FDOT says is parked illegally o vehicle parked perpendicular to street in swale o pontoon boat in front yard Harry Thomas, 654 Balboa Street, Sebastian, said he does not apologize for his statement about appearance of impropriety., asking if enforcement is based on who you are and what your name is. City Counci/Code Enforcement Board Workshop February 4, 1998 Page Four Discussion took place on the Carmody home occupation case which has been pending for several years. Randy Bonar said he had been following up on recent complaints. Mayor Barnes requested a follow-.up report. TAPE II - SIDE I (8:30 p.m.) The Building Official said state law is very confusing and recommended that either Code Enforcement be put under the Police Deparanent or that the City hire another department head who has enforcement capability. The City Manager said not every ease is ea,~y to handle, that there had to be reasonable cause to make a ease, and that some cases can take years. He cited the case on Voeelle Avenue and said perhaps a quicker response time is needed; said he agrees with anonymous complaints, but that it creates a problem when the complainant cannot be notified of action; said one option that could be looked at would be to put Code Enforcement under the Police Department and put them in uniforms; he said a pro-active approach and strong policy direction is necessary; and suggested reports and data be compiled by staff as well as a status report to be brought back in 60 to 90 days relative to on- going cases. Mayor B~mes called recess at 8:45 p.m., stated that following the recess, he would allow public input until 9:45 p.m. at which time Council would give its input. He reconvened the meeting at 8:55 p.m. All members were present. Dennis O'Hara, 350 Georgia Boulevard, Sebastian, said he had contacted Code Enforcement many times regarding a security light in a neighbor's yard and had received no response. The Building Official said he had discussed it with the City Manager and that the Code had no provision for wattage. The Director of Community Development and City Manager said the nuisance code and other codes need to be written to be enforceable. Bob Freeland, 733 Wentworth Street, Sebastian, discussed a Board of Adjustment meeting of September 2, 1997 relative to the Charles Bailey, Vocelle Avenue matter. He said it appeared Mr. Bailey was given special consideration by staff members and that it was time someone look into this department. Al Vilardi, 445 Georgia Boulevard, Sebastian, cited several areas where he felt there were violations: · decorative signs at Kennel on US 1 · car lot on US 1 having too many cars and boats · Sembler platform 4 I '1 i I I I i I I i I I I I I i i i I I i I I .i I I I i i I I i I I I City Counci/Code Enforcement Board Wor 'kshop February 4, 1998 Page Five The Director of Comunity Development responded that the boats are registered and owned by the car lot owner; and the City Attorney responded that a former Council executed an agreement for the Sembler platform which binds current Council. Joe Generazio, Code Enforcement chairman, said he did not believe in personal attacks; TAPE II - SIDE II (9:30 p.m.) that inspectors were doing a good job, however, the question of"reasonable time" needs to be looked at; and recommended that all parties work together to work on codes to get them fixed so they make Mayor Barnes suggested that the board could come up with some ideas on amendments to the Code. Mr. Generazio said he would be happy to do so; recommended that "prima facie evidence" be clarified;' and suggested using a docket number for complaints. Martha Wininger, 106 Thunderbird Drive, Sebastian, cited two areas she felt were violations: · sand on Thunderbird Drive from Calvary Baptist Church parking lot · clearing of acres of trees around Thunderbird Drive The Director of Community Development responded that the developer had applied for a grubbing permit and that he had personally Walked the site and found no trees larger than four feet; and that he was working with Calvary Baptist Church on paving its driveway. Fred Wininger, 106 Thunderbird Drive, Sebastian, said Vero Beach has one Code Enforcement officer who is a police officer and suggested contacting him; said the Public Works Director directed five men with five tracks to clean up sand on Thunderbird Drive for four hours and should be fir's:d; said Code Enforcement has a terrible system; and said Cornerstone signs in fight-of-way on Schumann have been an on-going problem. The City Manager said the public works crew began a large area curb and gutter clean up on Thunderbird and it was not done for the church. Mayor Barnes at this time call~ an end to public input, and Mrs. Cartwright and Tut Cormelly protested. 5 City Counci/Code Enforcement Board Workshop February 4, 199g Page Six 8. Council Dir~cii_on Mayor Barnes cited several areas he felt needed attention: * Bailey matter needs closure , the building moved to the Stevenson property . sufficiency of Captain Hiram's parking Mrs. Sullivan said Planning and Zoning had approved a small addition for Captain Hirams, but a Code Enforcement member had taken photos and found it to be in opposition of what was approved. The Director of Community Development said building permits were issued to Captain Hirams in compliance With its site plan. i I i I i The Mayor continued, citing a commercial truck parked illegally on Melrose which had been given 30 days to be removed, suggesting 24 hours would be more than adequate. He cited other trucks parked on Easy and Schumann as well as RVS and trailers, and a property on Drawdy with ten ears parked. He said that things that clutter up neighborhoods can be addressed without complaints being filed. The City Manager said code inspectors need to advise management of technical problems' which exist that prevent them from enforcing codes so they can be addressed. Mayor B, ames recommended written policies, and a review of administrative policies. Mr. Paul suggested staffstart now'and do a 90 to 180 day evaluation of on-going matters; agreed with the docket nuraber; agreed with uniforms; looking into flex hours and putting teeth into the law to assist inspectors. In response to Mr. Taracka, the City Attorney said by choosing Florida Statutes you are bound by it, but the City could choose to establish its own procedures. Mr. Taracka recommended reevaluating "reasonable time" and recommended state certification for at least one inspector. Mr. Taracka discussed the US I deli matter whereby tables and chairs were installed without proper permits, questioned why it took so long to bring them into compliance, and said it should have been handled in a more timely manner. TAPE III - SIDE I (10:20 p.m.) The Director of Community Development asked if it was a policy, direction that staff should have had the items removed or a property, shut down until it is in compliance with an approved site plan. I i I I I I Mr. Generazio suggested putting a lock on the doors, however, the City Manager said City staff cannot be locking doors. 6 I II City Counci/Code Enforcement Board Workshop February 4, 1998 Page Seven The Director of Community Development explained that the violation was that a restaurant with seating is a conditional use in this district and that there are other restaurants there that do not comply; and, if this is the direction of Council, he would have to notify others mediately. The City Attorney said there would be estoppel problems with such drastic measures, but'staff could notify them they are not in .compliance. . · The City Manager said from this discussion it appears there is confusion. He said while it is easy to criticize and say go out and take care of it, that staffhas legal issues it has to abide by. Mrs. Cartwright noted that inspectors do work on Saturday mornings; said she agreed with using docket numbers and putting the onus on the complainant to follow up with a phone call; agreed with fixing the Code; suggested readdressing the City Attorney being the board attorney; and said Council needs to give staff legislation it can enforce. , Mr. Generazio said the top priority .was amending code l ,anguage; and said he didn t believe the Veto code inspector had the same responsibilities as Sebastian s. Mayor Barnes and the City Manager suggested maintaining daily logs. 5. Being no further business, Mayor Barnes adjourned the workshop at 10:45 p.m. . I I I I I i i I I i I i i I i i i i i City of Sebastian i 1225 MAIN STRE_--T g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) .,=89-5330 r~ FAX (E61) 589-5_,=70 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 11, 1998 - 7:00 P.M. CITY COUNCiL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was no invocation. ROLL CALI~ Ci~v Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan I I i Staff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Katlu3m O'Halloran Director of Community Development, Bob Massarelli Public Works Director, Pat Brennan Chief of Police, Randy White Finance Director, Janet Isman Deputy City Clerk, Sally Maio Regular City Council Meeting February 11, 1998 Page Two 98.043 98.034 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be addedonly upon majority vote of City Council members (R-97-20 ~on¢. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Eiscal Year 1997 Audit Presentation (Finance Dir~tor Transmittal 2/6/98) The 1997 fiscal year audit report was presented by Debbie Bradley, Audit Director for Hoyman Dobson. She distributed a letter relative to the fn'rn's responsibilities for the audit. Ms. Bradley responded to questions ~rom Council. City Council members commended the auditors, the Finance Director and Finance Department staff. CITy ATTORNEY MAT'rERS None.' CITY MANAGER MATTERS The City Manager reported on a 1993 cost share agreement with Indian River County on Gibson Street paving; said em'rent funding would be approximately $80,000; said he had sent a letter to Indian River County on the status of the agreement and will come back to Council with a request for further direction; reported on problems with Capital Sanitation, noting a new proposal for a franchise agreement will be brought to Council soon; proposed that a $5000 cash deposit will be required in the new agreement to be able to obtain penalty funds; and reported the paving plan will be presented soon by the City Engineer. CONSEbrr AGENDA All items on the consent agenda are considered to be rou~ne and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 1/21/98 Special Meeting, 1/22/98 Workshop, 1/28/98 Regular Meeting, 2/2/98 Workshop Authorize City Manager to Enter Into Agreement with St. Johns River Water Management District to Plug Artesian Well Behind Post Office - City 50% of Cost - Not to Exceed $3,000 (City Manager Transmittal 1/28/98, Agreement with Exhibit A) I I' i I I I I I I t I I I I i I i I I Regular City Council Meeting February I1, 1998 Page Three 98.O35/ C. 97.138 Approve Change Order on Purchase Order 1521 for Craven Thompson - Barber Street Sports Complex North Improvements - Engineering Services Through December 1997 in the Amount of $2,250 (Public Works Director Transmittal 1/29/98) The City Manager read the consent agenda. Mrs. Sullivan removed item A, specifically the 1/21/98 and 2/2/98 minutes. MOTION by Sullivan/Taracka I move to approve items B and C o~ the consent agenda. ROLL CALL: Mrs. Cartwright - aye Mr, Paul - aye Mrs. Sullivan - aye Mr, Barnes - aye Mr, Taracka - aye MOTION CARRIED 5-0 Item A - Mi. utes Mrs. Sullivan requested amendment to the I/21/98 minutes, page 2'to "Mrs. Sullivan requested that Mr. Massarelli require all future applicants to list a business or home address rather than a PO box number"; and on page 4 to say that Mrs. Sullivan noted that Planning and Zoning had denied a ~odifiO plan for Sebastian Lakes in June of 1997 and change the end of the last sentence to "....97 units modified plan of 144 units that was denied by Planning and Zoning". MOTION by Sullivan/Taracka I would move approval of minutes of 1/21/98, 1/22/98, 1/28/98, and 2/2/98. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taraeka - aye Mrs. Cartwright - nay MOTION CARRIED 4-1 (Cartwright - nay) Regular City Council Meeting February 11, 1998 Page Four 10. EUBLIC HEARjNG- None 11. IN3~RODUCTION QF NEW BUSIL'qESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit o,f ten minutes.for each speaker David Bogan, 431 Citrus Avenue, Sebastian, objected to the proposed rezoning to residential for his property. in the Riverfxont area which is currently COR. David Fahmie, 430 Live Oak Drive, c,o-owner of the property, also objected to downgrading the property to residential. Mayor Barnes asked if Council had any input at this time before staff brings the zoning back for approval. The Director of CommuniW Development said he was targeting April for the overall city zoning to return to Council for final approval. It was the consensus of Council to change the subject area back to a mixed residential and commercial. Harry Thomas, 654 Balboa Slxeet, Sebastian, suggested that trash pickup be incorporated into tax bills. Tut Connelly, 149 Kildare Drive, Sebastian, expressed concern and critiqued the 2/4/98 Code Enforcement workshop. Mayor Barnes responded to Mr. Couneily's concerns and Mr. Connelly continued. TAPE I - SIDE N (7:48 p.m.) Sal Neglia, 461 Georgia Boulevard, Sebastian, expressed concern for the old Chamber of Commerce building, citing a warranty deed which provides a reverter clause should the Chamber vacate the premises. The City Manager said he had written to the Chamber president and would report when he received a response. Chuck Neub~Tger, 357 Melrose Lane, Sebastian, read a letter from today's newspaper regarding a citizen's run-offprobleng and said he had visited the site. Mayor Barnes replied he had visted the site today. Bob AshcroR, 785 George Street, Sebastian, complimented Council on the one-waying of Wave Street. Don Smith, 208 Poinciana Street, Sebastian, discussed the conduct of last week's Code Enforcment workshop. i i I i I i i I i i i I I i I I I I I I' I I I I I I I I I I I I I I I I Regular City Council Meeting February. 11, 1998 Page Five Mayor Barnes said he had made a pact when elected not to get involved in the day to day operations of the City, but did think it was necessary to conduct the workshop on Code Enforcement issues because of citizen complaints. 12. COMMITTEE REPQ.RTS~E CO MMI~ ND ATI OlqS Mayor Barnes requested participation in the "Keep Indian River Beautiful" clean up day on April 2,1 Mr. Paul said, as a member of Treasure Coast Regional Planning Council, he had submitted a letter of request that Sebastian be made a full voting member of Treasure Coast to the Indian River County Commission and had received approval (see attached). It was the consensus of Council to submit the letter of approval. Council, by consensus, approved the drafting of a resolution in support of funding for regional planning councils as requested by Michael Busha, Executive Director, Treasure Coast Regional Planning Council. He submitted the letters to the City Clerk who said she would see that the letter was sent to Indian River County. Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. All members were present. A. Board. of Afljustment 98.008 I. lnte~iew and 5..ppoint to Three positions as_Foilo3vs: (City Clerk Transmittal, Five Applications, Board List) City Council interviewed applicants Lowell Fox, who submitted a letter to the City Clerk; Keith Miller; Roland Rutsen. The City Attorney suggested re-establishing the Handicapped Self-Evaluation Committee by resolution or ordinance. City Council interviewed Louis Nicolini; and TAPE II - SIDE I (8:45 p.m.) James Schmitz. 5 Regular City Council Meeting February 11, 1998 Page Six a. Regular Mentber Term to Expire 6/9~ MOTION by Taracka/Cartwright I move to appoint Louis Nicolini to the regular member term to expire 6/98. ROLL CALL: Mr. Taracka - aye Mrs. Canwfight - aye Mr. Pad - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 b. Re.far Member Term to Expire 6/99 MOTION by Cm'twright/Paul I move to appoint James Schmitz to the regular member term to expire 6/99. ROLL CALL: Mrs. Can'wright - aye Mr.'Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taraeka - aye MOTION CARRIED 5-0 c. Alternate Member Term to ]~xpire.6/99 MOTION by Taracka/Bames I move to appoint Keith Miller to the alternate member term to expire 6/99. ROLL CALL: Mr. Paul - nay 1Vas. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mss. Cartwfight - aye MOTION CARRIED 4-1 (Paul - nay) i i i I I I i I I I i -i i I I I I i Regular City Council Meeting Febmary 11, 1998 Page Seven 98.036 Planning and Zoning Commission 1. Accept Resi~a)ion of Larry Driver Effective February 5, 1998 (City Cled'k T_r~smittal 2/5/98, Driv~ Letter) MOTION by Taracka/Sullivan I move to accept the resignation with regret of Larry Driver from the Plan, ing at itl 7,' .~...: Commission effective February 5, 1998. ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Paul - aye MOTION CARRIED 5-0 98.037/ 97.201 Recreation Advisq~v C..Oll~nitte~ 1. AccepLResignation of Larry l)river Effective F.ej0ruary 5. 1998 (City C3~rl~ Tr_ansmitt~! 7d:~/98. Driver Letter) MOTION by Taracka/Cartwright I move to accept the resignation of Lan3, Driver from the Recreation AdvisoW Board effective February 5, 1998. ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 98.038 Tre~ Advisory Board 1. Accept Kesi~ation ofMarthil Winir~ger (Ci[v Clerk Transmittal 1/27L98, ~i_.i..n_i..~_.~[~',~t MOTION by Sullivan/Taracka I would so move. Mrs. Cartwright said for the record, that Mrs. Wininger resigned on January, 26, 1998 and quali ,fying ended January 23, 1998. Regular City Council Meeting February 11, 1998 Page Eight ROLL CALL: Mr. Taracka Mn. Canw~ght Mr. Paul Mrs. Sullivan Mr. Barnes - aye - nay - aye - nyc MOTION CARRIED 4-1 (Paul - nay) 13. OLD BUSINESS - None 14. NEW__ BUSINESS 98.039 I~ions Club of Sebastian, Inc. Req~te~t for Use of Congnunity Center for 4th of J~l.v Eundraiser Br~t - 3/28/98 - 6:00 am to 2:00 pm - Collection 0f DonatiQn~ and Fee Waiver Req.u~sted (City Clerk Transmittal 2/5/98, I~iQla$ Club Letter 2/4/98,.Rules, Applicati0n_~ MOTION by Sullivan/Taracka I move to approve the request by the Lions Club for use of the Community Center for a fundraiser for the Fourth of July following the recommendation of the City Manager. ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 98.040/ 97.163 Approve Paul Kro~g,l $.t3a~, M~agement Agreemen~ 0,0_d Authorize Ci~ Manager to Execute (Director of Community Development Transwjttal 2/5/98, R-97-35. Agreement.~ The City Manager explained the agreement whereby the Historical Society will be responsible for maintaining the statue and the City will maintain the grounds; and advised that a hold harmless agreement will be drafted to protect the Indian River County Historical Society. MOTION by Sullivan/Taracka I would move approval of the Paul Kroegel Statue Management Agreement and authorize the City Manager to sign it and include the hold harmless agreement. '1 I I I I i i I I I I I i I I I i i I I I .I I i I I I i I I I I I I I Regular City Council Meeting February I 1, 1998 Page Nine 98.041/ C. 97.166 ROLL CALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwfight MOTION CARRIED 5-0 ~ aye - aye - aye - aye - aye First Reading of Ordinance No. 0-98-04.- Shared Earking Ordinance - Schedule Second ~,eadillg and Public Heating for 2/25/98 (Director of Commcnity l~evelol~ent Tr~smittal 1/30/98, 9-98-04) AN ORDINANCE OF THE CITY OF ~, INDIAN' RIVER COUNTY, FLORIDA, AMElqDING SECTION 20A- 8.3 OF THE LAlqD DEVELOPMENT CODE RF_J_ATING TO SHARED PARKING BY ADDING CONDITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDiNG FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECT1NE. The City Attorney read Ordinance No. 0-98-04 by tide. The Director of Community Development cited two February 5, 1998 Planning and Zoning recommended amendments (see pages 6 & 7 of the Planning and Zoning minutes attached). Mrs. Cartwright said there needs to be language added to address shared use on a single site such as a strip mall. The City Attorney said staffwas directed to come back with language for agreements between separate owners that would be more enforceable than what was currently in the cbde. Mrs. Sullivan suggested that on page 2 - line 26 500 feet be reduced to 300 feet. The City Attorney stated the recommended language from Planning and Zoning was a policy issue for Council. Tom Collins, Captain Hirams, agreed with Planning and Zoning recommendations, noting this is not a Ixue shared parking ordinance as written, and agreed with the reduction of the 500 foot requirement. Keith Miller, 961 Riviera Avenue, Sebastian, TAPE 1I - SIDE II (9:32 p,m.) recommended that handicapped par-king be considered when adding uses and par'king areas. It was the consensus of Council to reduce the distance to 300 feet. 9 Regular City Council Meeting February 1 I, 1998 Page Ten MOTION by Sullivan/Taracka I would move the first reading of Ordinance -98-04 as amended with the 300 feet, with section 4 to read "parcels involved shall not be more than 300 feet apart measured from the nearest point", etc.; and any other changes that the site be numbered also be changed to 300 feet and set the public hearing and second reading for February 25, 1998 and strike the second word "highest" prior to "cumulative". ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - nay Mr. Paul - nay MOTION CARRIED 3-2 (Cartwright, Paul - nay) 98.006/ 97.195 Firs~ Reading of Ordinance ]qo. O-98-07 - StatiQoary Mulching Ordinance - Schedul~ Second Reading and Public Hearing for 3/11/98 (Director of Cqmmtmi~y DevelQl~men[ Transmittill 2/5/98, O-98-07) AN ORDINANCE OF THE CiTY OF SEBASTIAN, RqDIAN RIVER COUNTY, FLOR.IDA, AMENDING THE LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR TIlE REGU/.~TION OF COM3/IERCIAL MULCHING MACHIlqF_.~ AS A SPECIAL USE PERMIT; PROVIDING FOR DEFINI'fIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABIIa'TY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-98-07 by title. The Director of Community Development cited Planning and Zoning's recommendation that this ordinance be reevaluated due to the fact it does not address health, safey and welfare issues; and accept its previous recommendation that it be a conditional use permit in all zoning districts with safey issues addressed. Mayor Barnes agreed with their concern about configuration of the property only; and he and Mr. Taracka recommended the machine be at least 250 feet away from any other property line. Mrs. Cartwright and Mr. Paul agreed with Planning and Zoning recommendations. Fred Mensing, 7580 129th Street, Roseland, objected to the ordinance as written and suggested Warren Dill, representing Harold Adams and John King, opposed the ordinance, noting the burden of this ordinance is going to fall on property owners; TAPE III - SIDE I (10:20 p.m.) stated there is no proof that the mulcher threw any material or that they are dangerous to the public; 10 i I I I I I I I I I I I I I I I I I Regular City Council Meeting Febmary 11, 1998 Page Eleven 98.042 16. and recommended allowing as a temporary use in all zoning districts and establish reasonable safety standards. Mrs. Ca~vfight was excused from 10:28 p.m. to 10:31 p.m. At 10:29 p.m., Mayor Barnes called for a motion to extend the meeting. MOTION by Sullivan/Taracka I would so move. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - absent Mr. Paul - nay Mrs. Sullivan - aye Mr. Banes - aye MOTION CARRIED 3-1 (Paul - nay; Cartwright - absent) Harry Thomas, 654 Balboa Street, Sebastian, asked that Council pass this ordinance in some form. Reverend Clifton Cooley, said he'd rather have the noise of the mulcher for three weeks than have tmclcs running up and down his street. The majority of Council concurred with changing the ordinance to provide that mulching machines be located at least 250 feet from all property lines, to include a provision for safety features, and prohibition of tracks from local residential street. Staffwas directed to come back with a revised ordinance for another fa'st reading. Directional Signs_ill City Right-Of-Way- Provide Staff With Dire~[ion (Director of Comrr/~ni~v Development Transmittal 2/5/98~ The City Manager suggested that if Council wanted to allow these directional signs the CiG could either make the signs itsetfor establish specific standards for the signs. Reverend Clifton Cooley,, Calvary, Baptist Church, presented letters and photos of the six signs they were requesting. City Council concurred with allowing small directional signs such as these in right-of-way, look at the proposed signs, and have staffcome back with standards for the signs. City. Council Matters were not addressed. Being no further business, Mayor Barnes adjourned the Regular Meeting at 11:00 p.m. 11 Regular City Council Meeting February 1 I, 1998 Page Twelve Approved at the Kathryn M. O'Halloran, CMC/AAE City Clerk ,1998, Regular City Council Meeting. Walter W. Barnes Mayor 12 I i' I I i I I I I i i I I I I I i I I Subject: and consistent funding Planning Councils. City of Sebastian, Florida Resolution to support permanent Agenda No. ?~, (~ ¢ y for the Regional Department Origin: City Manager Approved for Submittal by: City Manager Exhibits: · Proposed Resolution NO. R-98-09 · Treasure Coast Regional Harming correspondence regarding funding EXPENDITURE REQUIRED: [ AMOUNT BUDGETED: $0 ] $0 Date Submitted' February 19, 1998 For Agenda of: February 25, 1998 LAPPROPRIATION REQUIRED: $0 SUMMARY STATEMENT The proposed attached Resolution has been prepared as a follow-up to the consensus by the City Council at its last meeting on February 11, 1998, on this matter which was brought up by Council Member Paul. The resolution supports the Governor's recommendation for appropriate funding through the State of Florida. RECOMMENDED ACTION Move to approve Resolution NO. R-98-09. RESOLUTION NO. R-98-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SUPPORTING PERMANENT AND CONSISTENT FUNDING FOR REGIONAL PLANNING COUNCILS; PROVIDI~. G FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHE~S, the Sebastian City Council, strongly supports continuation and full funding of Regional Planning Councils in the State of Florida; and WltEREAS, the Sebastian City Council recognizes the value added to the City of Sebastian through the work of regional planning councils; and WHEREAS, the Sebastian City Council recognizes that regional planning councils are required to perform numerous growth management, local technical assistance, inteflocal dispute resolution functions, and other important statutory duties in support of local initiatives; and WHEREAS, the Sebastian City Council of the City of Sebastian believes that not funding regional planning councils fully and consistently will adversely impact the quality of future growth, development, and inteflocal relationships in South Florida as whole, and WHEREAS, having to compete for funding annually out of dwindling revenue sources is not an efficient allocation of public resources and dedication of staff' time and energy to support renewal of annual funding, and reduces the amount of time dedicated by regional planning councils to support local initiatives. NOW, THEREFORE, BE iT RESOLVED BY THE COUNCIL OF TIlE CITY OF SEBASTIAN, as follows: I I i i I I i I I I I I I I I I i I I I I I I I I I I I I I I I I I I SECTION 1. The City of Sebastian, Sebastian City Council, hereby requests that the Legislature support the Governor's budget recommenation for regional planning councils recurring and appropriate recurring funding for regional planning councils as a $2.7 million line item in the Department of Community Affairs. SECTION 2. The City of Sebastian, City Clerk is directed to distribute copies of this resolution to the Honorable Governor Lawton Chiles; the Martin, Palm Beach, St. Lucie, and Indian River County Legislative Delegations; the Treasure Coast Regional Council; all Indian River County municipalities. SECTION 3, EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption foregoing Resolution was moved for adoption by Councilmember motion was seconded by Councilmember and, upon being put into vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Cartwfight Councilmember Larry Paul Councilmember Ruth Sullivan Mayor thereupon declared the Resolution duly passed and adopted this day of ,1998. CITY OF SEBASTIAN, FLORDA By: Walter W. Barnes Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Contents: Valerie F. Settles, City Attorney I '1 I I I I I I I I I I, I I I I I I I st.'lucie fG I/UfG f¢cygnal p ann .n, cj council MEMORANDUM To: From: Date: Subject: Council Members, Alternates, and Treasure Coast Region Local' Governments Michael J. Busha, Executive Director ff~~ January 23, 1998 · Resolution in Support of F~unding for Regional Planning Councils At its ,January 16,~1998, meeting, ~Council- requested,, that its local, governments.adopt a resolution in supports.of-State funding for your regional, planning council. Attached is a model resolution: for ,your: review~ and consideration. 'If you' would like 'to :carry: this · forward, to your respective' board please-feel, free. to' ~ontact. me for. any: irfformation, and assistance you may. need. Thank you. ,Attachment 3228 s,w. martin downs blvd. suite 205 * p.o. I~ox 1529 pelto ~ity, tlorlcla 34990 phone {56t) 221-,4060 sc 269.4060 fax (56t) 221-4067 Subject: exclusive Cable Media, L.P. City of Sebastian, Florida Resolution to extend the non- AgendaNo. q~. 00/ cable franchise held by Falcon Departmem Origin: City Manager Approved for Submittal by: City Manager Exhibits: Proposed Resolution NO. R-98-10 EXPENDITURE REQUIRED: I AMOUNT BUDGETED: $0 I $0 Date Submitted: February 19, 1998 For Agenda of: February 25, 1998 APPROPRIATION REQUIRED: $0 SUMMARY STATEMENT At the January 7, 1998, City Council Workshop, a proposed Master Telecommunications was reviewed between the Council Manager and the City Attorney. Following that workshop, correspondence was received by Falcon relative to a recent court case in Michigan. The case has been acted upon since the a passage of the 1996 Telecommunications Act. The City Attorney is in the process of reviewing the issue and it is necessary to extend the current franchise for an additional 60 days. RECOMMENDED ACTION Move to approve Resolution NO. R-98-10. RESOLUTION NO. ]1-98-10 A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXiMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF T~E CITY COUNCiL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. WflEREAS, Cable TV Fund VIii-& a Limited Partnership, Jones Intercable, Inc., General Partner was granted a non-exclusive fianchise to operate and mainta/n a community antenna television system in the City of Sebastian, Florida by the City Council on September 23, 1981, by City Ordinance No. 218-E; and WHEREAS, by Resolution R-87-74 the City Council assigned and transferred Ordinance 218-E as mended on May 30, 1986, from Cable TV Fund VIII-& Jones Intercable, Inc., to Falcon Cable Media, L.P., a California limited partnership on October 28, 1986; and ; WflEREAS, the non-exclusive franchise was granted and assigned to Falcon Media, L.P., was valid for a period of fifteen (15) years from 9/23/81; and WltEREAS, Falcon Media, L. P., had requested renewal of the franchise from October 1, 1993;and WItlESS, recent changes have been enacted by the U.S. Congress establishing broad and new regulations affecting most telecommunications businesses; and WHEREAS, time has not permitted adequate opportunity to assess the ramifications of the Telecommunications Act of 1996, and those concerns as expressed by the franchisee's customers; and I '1 I i I I I I I I I I I I I I I I I I I' i I i I I i i I I I I I I I I I I WHEREAS, the City of Sebastian desires to update its franchise ordinances and other pertinent regulations prior to the negotiations and renewal of the existing franchise with Falcon Media, L.P.; and WItEREAS, it is in the public's best interest to properly update the City's current franchise ordinance and carefully proceed with the negotiations for the renewal of the cable television franchise. WHEREAS, the City Council adopted Resolution No. R-96-67 on September 11, 1996 extending the cable television franchise for sixty (60) days commencing on September 23, 1996 and expiring November 21, 1996; with a provision for additional extensions by Resolution; WltEREAS, the City Council granted (60) sixty days extensions by adopting Resolution Nos. R-96-85, R-97-05, R-97-15, R-97-29, R-97-37 R-97-50, R-97-77, R-97-83. WltEREAS, the current sixty day extension expires on March 9, 1998; and Wl:[EREAS, an additional sixty (60) days is needed to prepare a proper franchise ordinance. NOW, TItEREFORE, BE iT RESOLVED by the City Council of City of Sebastian, Indian River County, Florida as follows: SECTION 1. The non-exclusive franchise established by Ordinance 218-E granted to Cable TV Fund VIII-& Jones Intercable, Inc., on September 23, 1981, and assigned and transferred to Falcon Cable Media, L.P., a California limited partnership pursuant to Resolution R~87-74 extended for sixty (60) calendar days commencing September 23, 1996 and expiring November 21, 1996 by Resolution No. R-96-67; extended for sixty (60) calendar days commencing November 21,1996 and expiring January 19, 1997 by Resolution No. R-96-85; extended for sixty (60) calendar days commencing January 19, 1997 and expiring March 19, 1997 by Resolution No. R-97-05; extended for sixty (60) calendar days commencing on May 17, 1997 and expiring July 15, 1997 by 2 Resolution No. R-97-29; extended for sixty (60) days commencing on July 15, 1997 and expiring September 12, 1997 by Resolution No. R-97-37; extended for sixty (60) calendar days commencing on September 12, 1997 and expiring November 11, 1997 by Resolution No. R-97-50; shall be extended for an additional sixty (60) days commencing November 11, 1997 and expiring January 9, 1998, shall be extended for an additional sixty (60) days commencing January 9, 1998 and expiring March 9, 1998 by Resolution R-97-83, shall be extended for an additional sixty (60) days commencing March 9, 1998 and expiring May 7, 1998 by Resolution No. R-98-10. SECTION 2. All revenue required by the current francNse, and any additional revenue which may accrue to the City through changes incorporated into the franchise ordinance or franchise renewal shall be paid retroactively commencing September 24, 1996, by Falcon Cable Media, L.P., a California limited partnerShip. SECTION 3. Falcon Cable Media, L.P., a California limited partnership by acceptance of the extension to the current cable franchise agrees to the terms of this resolution. SECTION 4. This resolution shall take effect on March 9, 1998. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member the vote was as follows: Mayor Walter W. Barnes Vice-Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan and upon being put to a vote, The Mayor thereupon declared this Resolution duly passed and adopted this ,1998. day of I '1 I I I I I I I I I I I I I I I i I i i I I I I i i I I I I I i I I I I ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney 4 CITY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor i i I I i I I I I I I I I I I I I I I SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 5611589-2207 (24 hr) - FAX 561/388-1782 (Admin.) SUBJECT: EMS MATCHING STATE GRANT Agenda No. Deparb,,ent Origin : Date Submitted : Approved for submittal: ~ (.~ ('-~~or Agenda of : II I I I I J I IIII III Exhibits: Copy of grant application and appeal letter POLICE 2-18-98 Expenditure Required: $17,750. Amount Budgeted: SUMMARY STATEMENT Appropriation Required: Not to exceed $4,437.50 On 2/13/98 it was learned that a State EMS Matching Grant was still available with a deadline of 2/20/98. Due to the time constraint, the grant application was submitted. The City has an opportunity to participate in an EMS MATCHING GRANT through the State of Florida, that would pay 75% of the cost of Automated External Defibrillators (A.E.D.'s) for use by police officers in emergency first aid to heart attack victims. A.E.D.'s cost $3,550. each and 5 units would be needed, to ensure one unit was in every on-duty patrol vehicle, at a total cost of $17,750. The grant would pay 75% or $13,312.50. The City's 25% share of the cost would total $4,437.50. Equipment would be compatible with that now used by I.R.C.EMS and they will provide expendable supplies. EMS records show that Sebastian police are frequently the first to arrive on the scenes of EMS calls. Without A.E.D.'s, officers can only perform CPR until EMS arrives. With A.E.D.'s officers could significantly improve a victim's chances for survival. An appeal to our City's service clubs is being launched to fund the required matching funds. RECOMMENDED ACTION Authorize the City Manager and the Police Department to continue to participate in this grant project. i Indian River County I Board of County Commissioners Department of Emergency Services 1840 25th Street, Ver~ 8each, Florida 32960 I EXECTJTIVE StJM2VIARY I Organization: State Funding Requested: City of Sebastian- Police Department $13,312.50 The Sebastian Police Department responds to all EMS calls within their city limits. Data ind/cates the Sebastian Police are usually on the scene of EMS calls within the first 2 to 3 minutes of the call. Often Sebastian officers are in progress ofperformlng CPR prior to the arrival of EMS. Implementation of an A.E.D. program would be beneficial to the 15,000+ citizens of Sebastian. Indian River County Emergency' Medical Services supports the intentions of the Sebastian Police Department in the implementation of their A.E.D. program. 5674000 Ext. 217 Division of Division of Division of Animal Control Fire Services Emergency Management 56741000 562-202B 567-11000 Ext. 446 Ext. 444 i i I I I I i I i I I I I EMS Matching Grant Application 75/25 Percent Form Office of Emergency Medical Services Florida Department of Health and Rehabilitative Services ID. Code (Assigned by the State EMS Office):M Organization: ~tv_ o_f Sell_a_~0a~n Grant Signer Name: Thomas W. Frame Title: City Manager Mailing Address: 1225 Main St. County: Indian River City: Sebastian State: FL Zip: 32958 Telephone: ( 561 ) 589-5330 SUNCOM: 221-5,112 Contact Person's Name: Dennis IL White Mailing Address: 1201 Main St. City: S~ba~tian Telephone:( 561 ) 589-5233 Title: Police Chief State: FL Zip: 32958_ .............. SUNCOM: 221-5223 Legal Status of Agency/Organization (Check only one response). (1) [] (2)~ (4)~ Private Not For-Profit(Attach copy of IRS's 501(c)(3) letter or other legal documentation of this status) Private For-Profit (3) [] City/Municipality County (5) [] State First Responders: If you are a first responder organization, you must attach a cow, ~'ff your MOU with lieemqed provider. If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you operate cooperatively with provide~%, o? 'that} you requested but did not receive a response from providers in your area, Your Fiscal Year:. Begin l0 / 1 Ends 9 / 30 Month Day Month Day Your Federal Tax ID Number (nine digits): VF Identify the one EMS state plan objective this project primarily will accofnpti.~h in whole or part: 8. Research Projects Only: If this is not a research project skip this item and proceed to the next item. If this is a research project, attach at end of the application concise statements of the hypothesis, design, method, instruments, methods to protect human subjects, and limitations of the study. Also at-tach research instruments, forms, and a bibliography of other relevant studies. HRS Form 1767, October 96 ~) Major Work Activities and Time Frames: Activity "IMPLEMENT AN A.I~,.D. PROGRAM Purchase & Receive A.E.D. units & accessories: Establish Procedures for Use and Train Officers: Number of Months After Grant Starts 2 1.5 N0t~: (1) You must follow your schedule if grant is awarded. (2) You m__o~ justify in this application your time frame if your project will exceed 12 months. 10. Background: (1) describe your organization, its activities and responsibilities, and (2) how it rdates to other EMS organizations in your area. Also provide (3) date you first began operation; (4) your annual budget; (5) the number of full and part time employees; and (6) your quantity of vehicles and / or other major resources. The Sebastian Police Department (SPD) has been in existence for over 50 years. Today SPD is a full service law enforcement agency serving the 15,000+ full time residents of this 13.5 square mile City. Between late Fall and early Spring an additional 4000 winter residents arrive, the vast majority of whom are senior-retirees. About 50% of our full time residents are also senior citizen- retirees. Sebastian is growing rapidly; population has increased over 36% between 1990 and 1996. The department consists of 42 full time personnel; 30 sworn officers and 12 civilian support staff. The SPD provides a minimum one (1) Supervisor and ~hree (3) Patrol Officers on duty 6 AM thru 2AM, daily. Between 2AM and 6AM a minimum of three (3) Officers are always on duty. The SPD operates 28 vehicles; 21 marked cars, 6 unmarked cars and a Crime Scene Van, plus 3 watercraft, 2 of which are used for both patrol and rescue service. The SPD shares the new 800 P~HZ trunked radio system with the other law enforcement, fire and EMS services in Indian ~iver County. The SPD's annual budget for FY 97/98 is $2,030,2t!. I You may attach one additional page, if n~ded, to complete this item. I I' I I I I I I I I I I I .I I I I I I 11. Project Description/Justification: Describe and justify your project. Include: (1) the current and projected number of persons who will be served directly by this project, and quantify, what adverse condition of theirs the project will impact upon; (2) the involved geographic area; (3) the source(s) from which you obtained your data; and (4) the time frames of your data. The sebastian Police Department routinely responds, in emergency mode, to all 5~S and Fire calls within the city. This project will put an AED in each on-duty SPD patrol vehicle and boat, for use in rendering first responder treatment to heart attack victims. Sebastian, being a predominantly retirement community, handles a significant number of LMS cardiac calls annually. Indian River County ~MS records show that in January - December, 1997, the ~MS unit located on U.S. 1 in Sebastian handled 1,515 calls for service. Experience has shown that SPD Officers, with our average 2 minute response time to emergency calls, often arrive on EMS call scenes ahead of either L~4S or the Fire Department. SPD Officers often perform CPR and Rescue Breathing until emergency response units arrive. It is in these cases that AED's would most benefit the citizens and guests of our city. You may attach 9ne additional page, ffneeded, to complete this item and to tell us in your own words what you are going to do, what you need and why. 12. State Grant History. Briefly describe your current and previous state EMS matching and county awards for at least the past three years. Explain why this application does not conflict with or duplicate them. If you have had no previous grants, state this fact. None known for City of Sebastian You may attach one additional pag~ if needed, to complete this item. 13. Provider Coordination. (1) If your service area has a regional EMS advisory council, attach from that council a letter commenting on this project. If there is no council, a~ach a letter from at least one licensed provider in or adjacent to your service area commenting on this project, or documentation that you requested the comments. (2) Include a letter of support form afl other agencies that will be directly involved in this projecL 14. l Budget. For each type of position include the pay per hour, number of hours, ~nd cost of each benefit. For expenses include unit costs (e.g. if rental give the cost per sqfiar~ foot). For equipment include the cost per item and quantity. I Items/Quantities and Positions/FTEs Cost Expenditures (Complete lhis column after awardl Automated External Defibriilrators & Accessories ~ $3,550. each $17,750. Grand Total 75 Percent of Grant Total (State $ 17,750. $ $ !3,312.50 $ 25 Percent of Total (Your Payment) ........................... $ 4.437.50 $ Note: You may attach additional pages, ifne~led, to complete this item or to justify any budget item or iD quantity. Medical Director's Approvals. These are required for all projects which involve professional education, medical equipment, or both. O) PrQfessional Education. All continuing education described in this application will be developed and conducted with my input and approval. Medical Director: Signature Date Printed Name: Fla. Med. Lic. No.: (2) use of all meAieal equipment in this project. d~ ,TSignature Medical Equipment. I hereby affu-m my authority, and responsibility, for the Date Printed Name: k~_~-'~P-.C '~' Ni ~©~".~ Fla. Med. Lic. No.: I I I I I i 16. Governmental Agency and Non-profit Entity Only Request for Matching Grant Distribution (Advance Payment) Emergency Medical Services (EMS) In accordance with the provisions of paragraph 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: City of Sebastian Name of Agency or Organization 1325 Main St. Address Authorized Official: Sebastjon City State Signatfre 32p58 Zip 2/17/98 Date Thomas W. Framg Printed Name City Manqger Title Sign and return this page with your application and copies to: EMS Matching Grants/Office of Emergency Medical Services (HSEM) Department of Health and Rehabilitative Services 2002 Old St. Augustine Road, Bldg. "D" Tallahassee, Florida 32301-4881 Below this line is for use only by the Department of Health and Rehabilitative Services, Office of Emergency Medical Services Matching Grant Amount For State To Pay: $ Grant ID. Code: M Approved BY: Signature & Title of State EMS Grant Officer Date Fiscal Year: FY Organization Code 60-9_0-60-30-100 E.0. Object Cod .e_ HS 7 Federal Tax ID: VF Grant Begins: / Month / Ends / / Day Year blonth Day Year :l 'i7. AssURANCES AND APPLICATION SIGNATURE Payment for Grant Project I, the undersigned, understand and accept that due to state cash flow and project priorities, I may not receive payment from the state for this project un several months after announcement af awards. The work activity time frames will be adjuste~l based on the date I receive payment, except the ending date of the grant will remain as specified in the Notice Of Grant Award letter. I Statement of Cash Co_remitment: I, the undersigned, certify that my cash match will be expended between the beginning and ending dates of the grant and will be used in stri8 accordance with the content of the application and approved budget for this project, as th~ application on file in the state EMS Office requires. No costs count towards satisfying a matching requirement of a department grant if they are also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the departmenfs final approved project during the grant period. Acceptance of. Terms and Conditions: I, the undersigned, understand and accept the I grant terms and conditions in Chapters 1, 2 and 4 of, "Florida EMS Grants Program Handbook October, 1996", by the Department of Health and Rehabilitative Services, and acknowledge this when funds are drawn or otherwise obtained from the grant payment system for this project. Dis. c.taime, e_r: I, the undersigned, hereby certify that the facts and information contained in. this application and any' attached and supplemental documents are true and correct to the best of my knowledge, information, and belief.. I further understand and accept that if it is subsequently determined that this is not correct, this grant funded under Chapter 401, Part !1, F.S. and. Chapter 1OD-E41, F.A.C., may be revoked, and any monies erroneously paid plus interest earned, will be refunded.to the department with any penalties which may be imposed by law or applicable regulations. Notifi~:ation' of Awards: I, the undersigned, understand and-accept the notice of award will be advertised in the FAW, and that 21 days after this advertisement I waive any right to challenge or protest pursuant to Chapter 120, F.S ...... ~ ~.._ .... Maintenance of improvement and E~.Pansion: 1, the undersigned, understand and accept that ..my organization will maintain for five years after the project ends any improvement, expansion or other effect brought about in whole or part by-grant funds,' unless specified. otherwise in the approved application or unless the department agrees in writing to allow a change.. Any unauthorized change within the five-years 'will necessitate the return of grant funds, plus interest if any, to the department as determined by the department. ,Signature of Autl-~dzed Grant Signer (Individual Identified in Item 1) I I I I I l I ! I I I : Indian River County Board of County Commissioners Department of Emergency Services 1840 25th Street, Vero Beach, Florida 32960 I I I February 10, 1998 Dr Laurie Romig, Chair Florida Emergency Medical Services Advisory Council Bureau of Emergency Medical Services 2002-D Old St. Augustine Road Tallahassee, Fl. 323014881 I I Support of Matching Grant Project Agency: Sebastian Police Department Project: Implementation of an A.E.D. Program 1 Honorable Dr. Romig: 1 I 1 i I i I I Indian River County Emergency Medical Services Division has reviewed this Matching Grant with the applicank the Sebastian Police Department. The EMS Division fully supports and will participate with this Grant project. Thank you for your consideration of this Grant project and our support. Respectfully, cc: Doug Wright, Director Emergency Services Dino Villarfi, Bureau Chief Grant applicant Division of Division of Emeq~ency Medical Animal Control Services 5674000 567-8000 E:d. 446 Ext. 217 Division of Fire Services 562.2028 Divisio Eme~ency Management 567-8000 Ext. 444 Florida Treasure ,- Coast EMS Advisory Council ':~'.o rq3 o_~x co~' Vice Chair: Tre~urer: Secretary: I '1 Bill Godfrey Jim Judge Jacctueline Sherrer Barry frwin http-l/citTo~ congmseum~/cotmdl~'trea~ure Febmary17,1998 Dr. Laurie Romig, Chair Florida Emergency Medical Services Advisory Council Bureau of Emergency Medical Services 2002-D Old St. Augustiae ~ Tallahmssee, FL 323014881 Support of Matching Grant Project Honorable Dr. Romig: The Flor[da Treasur~ Coast Regional Adv~ory Council has reviewed the Executive Sumlnal3r of thin Matching Grant. The Council voted to support this Grant project at a Special Meeting on February 17, 1998. Thank you for your consideration Of ~ Grant project and our support. Council CSair cc: Dino V~fllani, Bureau Chief Grant applicant 800 Martin L. King Jr. Blvck Stuart. FL 34994 Phone: 561.288.5360 Fnx: 561.238.5371 I I I I I i I i i l I I I I I I I I Indian River County Board of County Commissioners Department of Emergency Services 1840 25th Str~t~ Vero Beach, Florida 32960 February 10, 1998 Dr. Laurie Romig Florida Emergency Medical Serrices Advisor7 CouaciI Bureau of Emergency Medical Services 2002-D Old St. Augustine Road Tallahassee, FI. 323014881 Memorandum of Understanding (M.O.U.) for Indian River County Emergency Services EMS Division and Sebastian Police Department Honorable Dr. Rom/g: I i i :1 I I I I I Indian River County, being one agency/owaumtiou, do~ not have a formal M.O.U. between ita internal depa:!.cmea~s The EMS Division i~ the licemed EMS provider aad coordi~at~ thc firxt responder activities of the Sebastian Police Depar~ent as pan of their formal EMS program. The I~MS Div/~ion and Sebaxtian Police Department cooperate closely in these areas frequently providing cross training and conducting joint exerc/~es. The ~ Division and the Sebastian Police Department have jointly d~veloped the concept of early defibrillauo~ AED program, for the officer~. The EMS Division will provide the t~clmical ass/.qtaace, training and on-going medical ovemght for the implementation and maintenanc, of the Sebaatian Police Departmeat AED program. Th/a with thc involvement and approval of thc Tndian Rivet Colnlty Medical Director Roger $. Nicosia, D.O., who~.. of approval for equipment purchase appear~ on the Sebaxtian Police Department Grant application. I hope this letter substantiates the level of close cooperation between Indian River County EMS, the t:ic,~m ;ed EM~] provider, and the Sebastian Police Department. Respectfully, r~oug Director Emergency Services cc: Dino Villani, Bureau Chief Grant a.rrpLicant Division of Division oi Division of Emergency Medical Animal C0nlml Fire Services 567-8000 562-2028 567-8000 Ext. 446 Ext. 217 SUNCOM 224-1444 FAX (561) 567-9323 Division of<~~' Emergency, Management 567.8000 Ext. 444 SEBASTIAN POLICE 1201 Main Street Sebastian, Florida 32958 DENNIS R. W~ITE, Chief DEPAR NT Telephone 561/589-5233 24 hr Fax 561/589-2207 A~hnin Fax 561/388-1872 February 20, 1998 Re: Helping us help you Dear , As President of the (name of club) you and your organization have a chance to make a very significant contribution to the health and welfare of Sebastian's citizens and guests. You can make this important contribution by helping this department obtain the matching funds needed for a state grant to purchase Automated External Defibrillators (AED's). W-HAT ARE AED's? New, portable and fool-proof first aid devices that can restore a heart attack victim's heartbeat if the heart is in Ventricular Fibrillation. Hearts in fibrillation ~quiver" and pump no blood. It only takes a couple of minutes for irreparable damage to occur to the brain and other organs in fibrillation. ~ THE POLICE NEED AED's: Sebastian police officers routinely respond to EMS and Fire calls and our officers are frequently the first to arrive on the scene. A trained police officer with an AED can administer a heart beat restoring "shock" to a victim within seconds. Without AED's officers can do until the or Paramedics arrive is CPR, a procedure with a much lower success rate. To provide the best chance for our citizens to survive heart attacks, we need an AED in each on duty patrol unit. HOW CAN YOUR ORGANIZATION HELP? By contributing to the fund we have established to match a State of Florida grant that will pay 75% of the cost of AED's. Five AED's will be needed to have.one in each on duty patrol unit. AED's cost $3,550. each; 5 will cost $17,750. Of this amount, the grant will pay 75% or $13,312.50. The matching share, 25% will be $4,437.50. This is the amount we are hoping to raise in this fund raising effort. FINALLY, if your organization would like a presentation on the benefits ~D's can provide, please let me know. We will be most happy to make this information available to your group. I I I I I I I i I I I I I I i i I I I i I I I I I I I I I I I I I I I I i Page 2 of 2 Wouldn't it would be great if each of our City's service clubs could contribute to help provide AiED's for our community? Sincerely, Dennis R. White Chief of Police I '1 i i I I i i I I I I I i I I I I I City of Sebastian II City. of Sebastian, Florida Subject: Contract extension/renewal entitled Agreement for Providing Sod Approved for Submittal by: Thomas Frame, City Manager Agenda No. Department Origin: City Manager/Asst. to City Mgr/Purchasing Paul Wagner Patr~ta, c Brennan Date Submitted: 2/5/98 For Agenda of: 2/25/98 Exhibits: None EXPENDITURE REQUIRED: $49,675 AxMOUNT BUDGETED: $49,675 APPROPRIATION REQUIRED: 0 SUMMARY Last fiscal year, after following competitive bidding procedures, City Council approved agreements for annual sod contracts as follows: 1. B and T Sod Delivered and Installed Contract for Bahia at $0.155 per SF and Floratam Grass at $0.20 per SF 2. R and R Turf Farms Delivered and Installed Contract tbr Bermuda at $0.09 per SF and Delivered Only for Bahia at $0.08 per SF, Floratam at $0.15 per SF and Bermuda at $0.09 per SF. The agreement which was entered into February, 26, 1997, allowed t~vo additional one (1) year terms subject to mutual consent of vendor and the City. B and T Sod has agreed to an additional years extension at the original prices bid. R and R Turf~vas not contacted for a renexval because we placed only one order from them the entire year for Bermuda grass 5225. We do not anticipate any Bermuda grass purchases this fiscal year. If the Council accepts the extension of the additional year, all terms and conditions as contained within the February 26, 1997 agreement shall be in full force during the one year extension/renewal period. RECOi~IE~ED ACTION Move to authorize the extension and renewal for one (1) year the existing agreement for providing sod to the City by B and T Sod as stated. I I I I I I I I I I I I I I I I I I I I I I I I I City of Sebastian, Florida I Subject: Culvert Replacements - 2n~ Qtr FY98 Approved for Submittal by: Thomas Frame, City Manager Agenda No. Department Origin: Public Wor~l~//~ Patrick Brennan, Director/~ · Date Submitted: 2/18/98 For Agenda of: 2/25/98 Exhibits: EXPENDITURE REQUIRED: $121,936.95 AMOUNT BUDGETED: $400,000 for SWMS-001 and $35,000 for DR-01~96 APPROPRIATION REQUIRED: N/A I I I I SUMMARY I I I I This transmittal is to request Council's approval for culvert replacements under the Annual Culvert Replacement Contract with C.R. McLellan. The request includes the installation or replacement of ten culverts which are numbered Change Order 21 through Change Order 30. Eight of the ten pipes to be awarded are replacements of existing pipes that are failing. The remaining two pipes are side yard pipe installations under the cost sharing program. These are the last two side yard pipes that were identified for installation under the cost share program. RECOMMENDED ACTION Move to authorize Change Order #21 thru #30 to C.R.McLellan in the amount of $121,936.95. City of Sebastian, Florida Subject: Change Orders for Dempsey Vocelle Drainage Improvements Approved for Submittal by: Thomas Frame, City Manager Exhibits: EXPENDITURE REQUIRED: $8,379.84 to Maxwell and $3,000 to CTA Department Origin: Public Works Patrick Brennan, Director Date Submitted: 2/18/98 For Agenda of: 2/25/98 AMOUNT BUDGETED: $480,000 APPROPRIATION REQUIRED: N/A SUMMARY The Dempsey Vocelle Drainage Improvement Project, capital budget #SWMS-005, was started in November 1997. After construction started, it was learned that a construction easement could not be successfully negotiated with the property owner, therefore, the outfall pipe on Braddock Street will be relocated. The relocation of the pipe will cost $8,379.84 due to an increase in the length of pipe and due to the installation 6f an additional inlet. The contractor has given his assurances that all construction easements have been obtained and does not see any future problems associated with access. The Change Order will add 30 days to the contract. Due to the increase in schedule, an additional 30 days will be required to the CTA contract for construction inspection. The new scheduled completion date is May 27, 1998. RECOMMENDED ACTION Move to authorize Change Order #1 on Purchase Order 1861 to Maxwell Contracting for 58,379.84 and Change Order #2 to Purchase Order 1520 to Craven Thompson for $3,000.00. I I I City of Sebastian · 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5490 [] FAX (561)589-6209 I I I I I i i I I i '1 I I I I City of Sebastian, Florida Subject: Change Order #1 - BSSC Retention Pond Fencing Bid Approved for Submittal by: Department Origin: Public Works Director ~~ Brennan City Manager/Asst. to_City Mgr/Purchasing . Paul Wag~ Date Submitted: 2/9/98 Exhibits: None EXPENDITURE REQUIRED: $1360.80 For Agenda of: 2/25/98 AMOUNT BUDGETED: $103,000.00 APPROPRIATION REQUIRED: $0 SUMMARY The bid for the Barber Street Sports Complex (BSSC) retention pond fencing was based on a unit price bid. Public Works presented a transmittal, approved by Council on 1-14-98, with a not to exceed of $6296 instead of the unit price bid of $6.30 per foot. Actual measurement of 1215.4 ft of fence times $6.30 per foot yields $7656.80. This ia' $t360:80more than the approved amount which was based on ~.~'; estimate. RECOM~IENDED ACTION Move to approve a change order to Wood 'N Nichols in the amount of $1360.80 increasing the total contract price to $7,656.80. I i City of Sebastian 1225 Main Street Sebastian, Horida 32958 Telephone (SB1) 589-5330 FAX (561) 589-5570 I I i I I Subject: Community Center Request - Laziman Wedding Reception Approved for Submittal by: Department Origin: City Clerk.,,?~. ~ Date Submitted: 2/17/98 Exhibits: Application For Agenda of: 2/25/98 ExpenditureN/ARequired: Amount Budgeted: [ Appropriation Required: N/A [ N/A I SUMMARY .STATEMENT An application has been received from Damon A. Loz~man for use of the Community Center on Saturday, March 14, 1998 from 2 pm to 6 pm for a wedding reception. In conjunction with that use, alcoholic beverages will be served. In accordance with Resolution R-94-50, use of alcoholic beverages requires approval of the City Council. Security has been paid and the age of the permittee has been verified. RECOMMENDED ACTION Approve the request for use of the Community Center with alcoholic beverages permitted for Damon Laziman on March 14, 1998. CITY OF SEBASTIAN RENTAZ PERMJT A~PLICA TION DATE: ff -~/7'~ ~ ( X} COMMUNITY CENTER { }YACHT CLUB . NAME OF PERMITYEE: ~2~m~2 ~o] ~Zi~/~ PHONE #: ADDRESS OF PERMITrEE:../~q/¢7/$~ / 5"~ 5~c'~ NAME OF ORGANIZATION OR GROUP IF APPLICABLE: REASON FOR RENTAL: APPROXINLATE # OF PERSONS ATrENDING EVENT: REQUESTED DATE?////~ ~ TIME: FROM '~: ~ ~TO PLEASE ANSWER FT.$ ORNO: 1. ARE KITCHEN FACILITIES REQUIRED7 ~,~"5 "__ g. ARE YOU A RESIDENT OF SEBASTIAN? Vr~ ~ 3. WILL DECORATIONS BE PUT UP7 F'6~ , 4. WILL THERE BE AN ADMISSION OR DOOR CHARGE? 5. WILL ALCOHOLIC BEVERAGES BE SERVED? (a) IF ANSWER TO #5 IS YE~ PERMITFEE'S PROOF OF AGE: (s) x~ AmO8Ol, IS ~'O S~ s~wr), ~mxss;o~ IS ~qu~mv s¥ CITY COUNCm YOm m2u~s'r wiu, s~ Pm£m'm wo cou~cxi, ON: S~.CUmWY m~osrr, 7 5'o. ~,o~ ~^~ /~..c. ~ +7% MAKE CHECKS PAYABLE TO: CITY OF SEBASTIAN ~'A SERVICE FEE OF.~ OR $,gO. O0 (WHICH IS GREATER) MA Y BE CHARGED.FOR A DISHONORED CHECK PER FLORIDA STATff STA~ 1aa. EsE '1 i I i I I I ,,,, . c, . ! x ~,~ =$/~~ rE r 7H~ : gA I "ONLY OFFICE USE " SECURITY DEPOSIT PAID ON: ~--/7- DATE RENTAL FEE PAID ON: CHECK DATE CASH CHECK ALCOHOL BEVERAGE REQUEST AT THE COUNCIL MEETING ON APPROVED/DENIED KEY PICKUP DATE: ~-~-/~' ~ ~ KEY RETURNED: SECURITY DEPOSIT RETURNED BY CITY CHECK #: FOR $ COMMENTS: i :. I I City of Sebastian 1275 Main Street Seba.~fian~ Florida 3295g Telephone (561) 5S9-5550 FAX (561) 5g9-S570 i I I i Subject: Community Center Request - Jones Wedding Approved for Submittal by: Exhibits: Application Agenda No. ~' ~ (//~ Department Origin: City Clerk Date Submitted: 2/11/98 _ For Agenda of: 2/25/98 Expenditure Required: Amount Budgeted: N/A N/A Appropriation Required: N/A SUMMARY STATEMENT An application has been received from Patricia Jones for use of the Community Center on Saturday, April 18, 1998 from 6 pm to midnight for a wedding reception. In conjunction with that use, alcoholic beverages will b'e served. In accordance with Resolution K-94-50, use of alcoholic beverages and use of the facility after 11 pm requires approval of the City Council. Security has been paid and age has been verified. RECOMMENDED ACTLON Approve thc request for use of the Community Center with alcoholic beverages permitted and extension of time to midnight for Patricia Jones on April 18, 1998. . I CITY OF SEBASTIAN REA~AL PEgMITAFP£ICA TIOiV DATE: ~' //- Q ~ ( t.,-}'COMMUNITY CENTER { ) YACHT CLUB NAME OF PERMITrEE.-""~.¥c te.,c,- ~-~29~x-~._c2 PHONE #: c3~"~ ADDRESS OF PERMITrEE: ~ 9'~"~ '~-;'' cvk~, ~. .2~ 7. o9 NAME OF ORGANIZATION OR GROUP IF APPLICABLE: REASON FORRENTAL: ~~~% k,.Ot?..cf~--~ APPROXIMATE # OF PERSONS ATYENDING EVEi~F: '/~ 0 REQUITED DATE: ~--I ~ -q'~ TIME: FROM .C,,' 60~/~/_ TO PLEASE ANSWER FF~ ORNO: 1. ARE KITCHEN FACILITIES REQUIRED? ~c~o 2. ARE YOU A RESIDENT OF SEBASTIAN? 3. WiLL DECORATIONS BE PUT UP7 4. WILL THERE BE AN ADMISSION ORDIDOR CHARGE? 5. WILL ALCOHOLIC BEVERAGES BE SERVED? (a) IF ANSWER TO #5 IS F'E~ PERMITrEE'S PK'OOF OF AGE: (B) IF ALCOHOL IS TO BE SERVED, PERMISSION IS REQUIRED BY CITY COUNCIL. YOUR REQ~ WILL SE PRESENTi-]D TO COUNCIL ON: SECURITYDEPOSIT$~,Zff'e~,geO RENTALS /ffeg,~i) +7%TAX /,,~.~)=$ MAKE CHECKS PAYABLE TO: CITY OFSEIMSTIAN mca SERVICE FEE OF 5~ OR $20.00 (WHICH I$ GF. EA TER) A4A Y BE CHARGED-FOR A DISHONORED CHECK PER FLORIDA FTA TE 5'fA TUTE I GG.2$ I. '1 I I I I i I I I I I I OFFICE USE SECURITY DEPOSIT PAID ON: KENTAL FEE PAID ON: DATE CASH CHECK DATE CASH CHECK INITIALS ONLy I I I ALCOHOL BEVERAGE RZQUEST AT THE COUNCIL MEETING ON KEY PIC~P DA~: ~/- / Z' ~ ~Y ~mNED: SECU~ DE~S~' ~~ED BY C~ C~CK ~: FOR $ CO~ME~S: ON: I I I I I' i I I I i I i I I I I I i I I I I City of Sebastian, Florida Subject: First Reading of O~98-6, Riverfront Overlay Performance District Approved for Submittal by: Exhibits: 0-984)6 EXPENDITURE REQUIRED: None Agenda No. ~3.~/E,) AMOUNT BUDGETED: None Department Origin: Community Development (KIM)(~.--------- Date Submitted ' February 5, 1998 For Agenda or2 February 11, 1998 APPROPRIATION REQUIRED: None SUMMARY The City Council has held a series of workshops on the Riverfront Overlay Performance District. The changes requested by the Council have been incorporated and the legal description of the urban types included. RECOMMENDED ACTION Hold first reading and public hearing of 0-98-06 and schedule second reading and public hearing for March 11, 1998. 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2o 02/20/98 DRAFT ORDINANCE NO. 0-98-06 AN ORDINANCE OF Tile CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, AMENDING TEBg LAND DEVELOPMENT CODE BY CREATING DIVISION VI, PERFORMAMCE OVERLAY DISTRICTS, CREATING ~ RIVERFRONT DISTRICT, STATING PURPOSE AND INTENT, PROVIDING FOR DEFI/hrITIONS, PROVIDING FOR ADMINISTRATION, PERMITS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABI.ISHING R1VERFRONT DISTRICT ARCH1TE~ CODES, ESTABLISHING RIVERFRONT DISTRICT URBAN CODE, ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SIGN REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILrrY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the 21 Land Development Code to establish performance overlay districts; and 22 WItE~S, the City Council of the City of Sebastian, Florida, desires to provide for 23 architectural, urban design, landscape and sign standards in the Riverfront Area of the City; and 24 W1TEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the 25 best interests of the health, safety, and general welfare of the community to do so, 26 NOW THF_.REFORE, BE IT ORDAINED BY THE CITY COUNCIl, OF THE 27 CITY OF SEBASTIAN, FLORIDA, THAT: 28 Section 1. Division VI of the Land Development Code, City of Sebastian, Florida is 29 hereby created to read as follows: 30 I I I I i I I I I i I I I I I i I I I i I I I I I I i I I I I I i 02/20/98 DRAFT 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 DIVISION VI. PERFORMANCE OVERLAY DISTRICTS ARTICLE IXX Sec. 20A-19.1 RIVERFRONT DISTRICT Sec. 20A-19.1.1 PURPOSE AND iNTENT Purpose: The portion of the City of Sebastian along the Indian River has a unique history, style, and look which the city seeks to preserve. The architectural style for the Riverfront is that of an "0Id Florida Fishing Village." The following sections establish architectural design criteria, urban design criteria, sign standards and landscape standards for the Riverfront area. The purpose of this article is to require that all development in the Riverfront District, as stated herein, implement and maintain the "Old Florida Fishing Village" setting. The requirements of this Performance Overlay district are additional to the regulations found elsewhere in this Land Development Code_and C. ode of Ordinances. In addition to the site plan (Article X), landscape (Division III), and sign requirements (Division IV), projects within the Riverfront District shall comply with these additional regulations. Intent: This article is intended to promote imagination, innovation, and variety, by focusing on design principles and encouraging creative solutions which accomplish the following: Foster creative approaches which emulate an "Old Florida Fishing Village" character through use of quality design, building materials, signs and landscaping. Sustain the comfort, health, tranquillity, and contentment of residents with a desirable environment. Minimize incompatible surroundings and visual clutter which prevent orderly community development and reduce community property values. Encourage designs that maintain the community's low density and low rise character. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ,nm 34 36 37 38 39 4O 02/20/98 DRAFT Carefully balance the man-made system with the natural environment, in a way which preserves, protects, and conserves the natural environment. C. Organization: Sec. 20A-19.1. is divided into the following eight sections: 19.1.1. 19.1.2. 19.1.3. 19.1.4. 19.1,5. 19.1.6. 19.1.7. 19.1.8. Purpose and Intent Establish a Riverfront Performance Overlay District Definitions Administration, Permits, Procedures, Waivers, and Violations and Remedies Riverfront District Architectural Codes Riverfront District Urban Code Riverfront District Landscape Code Riverfront District Sign Regulations Sec. 20A-19.1.2 R1VERFRONT PERFORMANCE OVERLAY DISTRICT Established: A special Performance Overlay district is hereby established to be known as the Riverfront District. Boundaries: The Riverfront District shall include that portion of the City of Sebastian located east of the Flori~ to ~i~c,~di.~e Indian River, north to the city limits,~cated approximately at t~he s~fli~nline of section 6, township 31 S, range 39L~>x ~ ~ Riverfront District ~Requirement~s: All development in the Riverfront District shall comply with the requirements of this article. The standards and requirements set forth at below shall apply to new development, to substantial renovation, conversion in use from residential to commercial, and to building exterior refinishing. Effective date: The provisions of 20A-19.1 shall apply to all development within the Riverfront District for which a complete application for site plan review, pursuant to Article X of this code, has not been filed with the Community Development Department on or before March 11, 1998 1997. Sec. 20A49.1.3. DEFINITIONS "Arcade" means a covered walkway located entirely on private property along the street facade of a building which is open to the adjacent street I I I i I I I I I I I I I I I I I i I i I I i i I I I i I I I I I I I 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 02/20/98 DRAFT between columns which may be either weight-bearing or cosmetic. Interior building space may be constructed above an arcade. An arcade shall have a minimum clear height of twelve feet from the lowest point of the ceiling and a minimum clear width of ten feet. 4. 5. 6. 7, 8. "Architectural Feature" means a structural or cosmetic feature of a building or structure, including but not limited to chimneys, bay windows, cornices, coping, parapets, porches, steps, staircases, screened utilities, and tower structures of less than 215 square feet in area and a height of not more than thirty-five feet. Architectural Features may encroach the lesser of five feet or 60% of the width ora Setback. All rooftop utilities and facilities such as air conditioning units shall be screened so as to not be visible from public right-of-way. "Balcony" means a structural platform surrounded by a railing or other retaining device which projects from the street facade of a building at an elevated floor without direct support from the ground. On comer lots a balcony may extend along two street facades, but it does not have to be continuous. A balcony may extend over public sidewalk or right of way but may r-,et-be4es~' used as a means of buitd;,rvg4v, g~:ess-or-egTess above public right--of way. A balcony shall have a minimum clear height of' twelve feet at ground level above sidewalks and a minimum depth of three feet. "Depth" means a lineal dimension of a site or building measured on a linc, perpendicular to the line of the street frontage. "Facade" means any face of a building (including the visible portion of roof) which is visible from a roadway. For calculation purposes only, it will be the building as seen in elevations. "Historic Building" means a building or structure of architectural, historical, cultural or historic planning significance that has been designated as such by a local, state or federal authority. "Low sloped roof' shall be defined as a roof with a slope less than 5-12 (rise:mn). Flat roofs are included in this term and classification. "New Development" means the construction of a building or structure on unimproved real property. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 02/20/98 DRAFT 11. 12. 14. 15. "Outbuilding" means a secondary ancillary building, other than a storage shed, located in the rear yard of the principal building. Outbuildings shall have a maximum building footprint of 500 square feet and maximum gross floor Area of 1,000 square feet. Outbuildings have a maximum height of twenty feet. An outbuilding may have an unenclosed porch of up to 20% of t-he floor area of the outbuilding, which shall not count as part of the building footprint or gross-floor a~ea. "Parapet Wall" means a wall which serves as a guard at the edge of a Balcony or roof. "Porch" means an open-ak roofed structure surrounded by a railing or other retaining device which is located along the facade of a building at any level. A porch shall include columns which support its roof and floor. A porch shall have a minimum depth of four feet. torek~cfm:'~° "Principal Building" means a building in which the principal use of the property is located, on the property on which such building is located. "Renovation" means work which changes or modifies the original size, location, materials or exterior finish of the components of a building. The change may include expansion or upgrading of a building. ' "Storage Shed" means a structure which has a maximum building footprint of 150 square feet and a maximum height often feet. "Street Facade" means that facade of a building which is nearest an adjacent street. "Substantial Renovation" means a development which includes: improvements to existing buildings and site improvements consisting of any combination of repairs, reconstruction and alteration to a building or site the cumulative costs made during the past three years of which, according to the latest edition of the Marshall and Swift Cost Estimator, equal or exceed 50% 'of the current Indian River County assessed value of the buildings on the site and site improvements, not including the assessed value of the land, prior to improvement; or I '1 I I I i I I I i I I I I I I i I I i I i I I I I I I I I I I I I i I I 1 2 3 4 $ 6 ? 9 l0 11 12 13 14 16 17 19 2O 21 22 23 24 25 26 27 28 29 3O 3l 32 3-[ 36 37 38 .39 02/20/98 DRAFT additions to existing buildings or structures totaling 50% or more of the gross floor area of all existing buildings or structures on the site inclusive of any additions made during the previous three years. 17. "Visible roof structure" means a partial or perimeter roof (used in conjunction with a low sloped roof) that gives the appearance of having a true gable, hip, shed, or mansard roof. A parapet wall is not a visible roof structure. 18. "Vista" means a visual corridor at ground level not obstructed by buildings, structures or portions thereof, which extends from public right-of-way to the waters of the Indian Kiver. A vista shall be a minimum of ten feet in width and eight feet in height. 19. "Width" means a lineal dimension of a site or building measured on a line parallel to the line of the street frontage. Sec. 20A-19.1.4. ADMINISTRATION, PERMITS. PROCEDURES, WAVIERS, AND VIOLATIONS AND REMEDIES Administration: The provisions of this Riveffront District shall be administered and enforced by the Community Development Department Director, whose duties shall include receiving and reviewing building permits and other land development permit applications, assisting applicants in procedures required hereunder, making decisions regarding the application of this Riveffront District to particular properties, inspecting premises, and issuing permits and certificates of occupancy. Nothing in this Riverfi-ont District is intended to conflict with the building codes of the City. Permits: No building or other land development permit shall be issued by the Community Development Depa.rtment D~ec~ev unless all provisions of this Pdverfi'ont District have been met. Procedures for application and approval: 1. Application. Preliminary development review. A preliminary design review may be requested by the applicant. Such a review may be filed with the I 2 3 4 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 3.* 35 36 37 38 39 02/20/98 DRAFT Community Development Department and include a conceptual site plan and building elevations. A non-binding preliminary written response shall be provided by the Community Development Director. Pre-application conference. Before beginning any new development as defined by Florida Statutes, substantial renovation, or conversion from residential on private or public land, a pre- application conference with the Community Development Department shall may be convened at the request of the applicant- to determine the applicability of this article Riverfront District. Pre- application conferences are mandatory for all site plans, approved site plan modifications, planned unit developments, and subdivision plats in the Riveffront District. The pre-application conference is optional for the construction or renovation of a single family residence. Application. After the pre-application conference, an application for development shall be submitted to the Community Development Department in accordance with this Land Development Code. In addition to the requirements of the appropriate sections of this Code, a completed application for development in the Riveffront District shall include a general vicinity or location map, legal description, map of vegetative cover, proposed development activities and design, building plans, front, rear, and side architectural elevations, floor elevations, documentation related to streets, parking, and loading; tree removal and protection, landscaping, signs, exterior color choices, and any other documentation as required by the Community Development Director which demonstrate compliance with this Riverfront District. Review. All ~applications for development approval shall be reviewed by the Community Development Director and the appropriate staff for compliance with the provisions of this Riverfront District and the appropriate provisions of the Land Development Code. Approval. All applications shall be approved as provided for in the appropriate sections of the Land Development Code. I I I I I i I I I I I I I I I I I I I I I i I I i i I I i I i i I I i I O2/2O/98 DRAFT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Waivers: The Planning and Zoning Commission may waive any of the provisions of this Article if the Planning and Zoning Commission finds that the strict_f~ interpretation of the requirements of this article places an inordinate burden on--t'h'~' property owner as defined by Florida Statutes. The decisions of the Planning and Zoning Commission may be appealed by an affected party to the City Council. Violations and remedies: It shall be unlawful and a violation of this Land Development Code for any person to construct, renovate or remodel a building within the Riverfront District except in compliance with the provisions of this Riverfi-ont District. A violation of this Riverfront District shall be deemed a zoning violation, in such event the Community Development Department Director may initiate code enforcement proceedings to compel compliance. The City Council may initiate appropriate civil proceedings including but not limited to a declaratory action, injunction action and mandamus action to compel compliance. Sec. 20A-19.1.5 RIVERFRONT DISTRICT ARCHITECTURAL CODES Established: Architectural standards for all new or substantially renovated buildings are hereby established. Existing building are not required to meet the requirements of this section unless they are substantially renovated. Sec. 20A-19.1.5.1 GENERAL Scope: The design of all structures in the Riverfront District shall comply with the requirements of this code. This pertains to any building, group of buildings, site development, alterations affecting building's exterior, parking lots, and vehicular use areas. Compliance with the provisions in this code shall be reviewed by the Community Development Department, Planning and Zoning Commission and the City Council as appropriate. Precedence shall not be set by any project or variances approved by the Community Development Department, Planning and Zoning Commission, City Council, or the Board of Adjustment B. Riverfront District Review Requirements: A site plan as required by Article X. In addition to the requirements of Article X, the site plan shall be in compliance with the urban code des~r~ requirements of Section 20A-19.6. The site plan shall locate any "visually offensive elements" as described in the screening device section. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 02/20/98 DRAFT 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 A landscape plan as required by Section 20A-10.3. In addition to the requirements of Sec. 20A-10.3. the landscape plan shall be in compliance with the Riverfront District landscape requirements described in Section 20A-19.7. In addition to normal site plan review submittal requirements, the following signed and sealed drawings are to be submitted to the Community Development Department at the time of site plan review: Tree Survey: Must indicate location of all protected, specimen, historical, and manfroves trees as defined in Article XIV. Locate within one foot tolerance and identify species of each tree. Roof Plan: Must indicate any "visually offensive elements" (as described in Screening Device section) and descriptions of screening devices. Building Elevations: Must include all exterior building elevations, including all items affecting the appearance of the building. This is to include, but not be limited to: roof design, complete description of exterior building materials, exterior building colors, all loading zones, mechanical and electrical equipment locations and their required screening devices, and signs attached to buildings. The building elevations shall represent the established "Old Florida Fishing Village" theme architecture. Site Lighting Plan (may be incorporated into site plan): Must indicate site lighting plan, as well as a light fixture schedule with cut sheets (written specifications and pictorial representation of fixture) for all site lighting fixtures. This includes any site lighting fixtures attached to building. e. Sign Elevations (minimum scale: 3/4": 1'-0"): These are to be ~~ta/te-~ drawings of building and site signage, including all items affecting the appearance of signs including, but not limited to: dimensions, area in sq. feet, complete description of finish materials and their colors, and method of illumination. This is required for all outdoor signs except those which cannot be determined because the occupancy of the space is not known. Any signs not approved for this reason must be approved prior to the issuance of a sign permit. i I i I I I I i · ' i .I I I I I I i I i I I I i I I I I i I I I I I I I I 02/20/98 DRAFT 1 2 3 4 $ 6 7 8 9 10 ll 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 36 37 38 39 40 Color samples (minimum sample sizes: 3" x 5"): Building exterior and exterior signage color samples shall be submitted. Approval for Change of Exterior Design Required: Any exterior change of any structure in the Riverfront District, originally required to comply with this code (building constructed, substantially renovated buildings, or building converted from residential to commercial after March 11, 1997 ), shall require review by the Community Development Department. Such changes shall include, but not be limited to, colors, building materials, roof finishes, and signage. Changes to the architectural features or style, landscaping, or signs shall be approved by the Community Development Director. Modifications to the site plan shall be approved in compliance with the site plan modification process in Article X. Routine maintenance and replacement of materials which does not affect the approved exterior design shall be exempt from this paragraph. Prohibited Architectural Styles: The following will not be considered to be of an "Old Florida Fishing Village" architectural style nor appropriate for the Riverfront District and are prohibited: Corporate signature or commercial prototype architecture, unless such is consistent with all requirements of this code. Examples of such include, but not limited to, flat roofed convenience stores and gas stations, and the like. Buildings which are of symbolic design for reasons of advertising arm buildings which are not compatible to the atmosphere of Riverfront District. Examples of such include "A frame" style roofs, garishly colored roofs, translucent architectural elements, and the like. Symbols attached to buildings will not be allowed unless they are secondary in appearance to the building and landscape, and are an aesthetic asset to the building project and neighborhood. Any kitsch architecture (pretentious bad taste) which does not resemble a typical structure. Examples of such include, but not limited to, structures that resemble an exaggerated plant, fish, edible food, or other such items such as giant oranges, ice cream cones, dinosaurs and the tike. Any architecture having a historical reference that is so unique and different from current design philosophy of an "Old Florida Fishing Village" that Ii) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 02/20/98 DRAFT such reference is inconsistent and/or incompatible with surrounding structures. Examples of such include,, but B.ot limited to, igloos, domes or geodesic domes, Quonset style structures, teepees, log cabins, medieval castle, caves, and-the4ike. Styles that are not in the "Old Florida Fishing Village" theme, style is prohibited. Key West, Bahamian, or Victorian discouraged. Art Deco styles are Sec. 20A~19.1.5.2 SPEC/AL PROVISIONS. Provisions: The "Uses" below must follow all criteria set forth in this code. The following are added criteria for each specific "Use": Residential: Rooftop screening devices will not be 'required for attic ventilators or plumbing roof vents on residentially designated properties. However, roof ventilators, roof vents, and the like are to be located where they will be least visible fi.om roadways. Commercial: The materials and colors of shopping centers and structures developed on shopping center outparcels shall be compatible and harmonious with each other. Such coordination shall apply to roof materials and their colors, wall finishes and their colors, freestanding 'and wall signage, and other significant architectural details. This requirement may be-waived-by the Community Development Departmcm-i~: the initial shopping center or outparcel-was built prior to the enactment of this code. it is determined by the Community Development Department that enforcemen} of-this-requirement would conflict with t-he intent of this code. Sec. 20A-19.1.5.3 DESIGN CRITERIA. A. General Design Criteria: All sides of a building are to be of compatible materials. Buildings with facades fronting on more than one street should have equal design considerations and consistent detailing on all street frontages. I! '1 I I I I I I i i I I I I I I I i I I I' I i I I I I I I i I i I I I I I I 1 2 3 4 $ 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 34 35 36 37 3~ 39 40 02/20/98 DRAFT General Items Which .&re Prohibited: I. Flat, blank, unarticulated, or massive facades are prohibited. Facades located within view of a roadway are to incorporate architectural elements providing breaks in the planes of exterior walls and/or roofs. Facades located within view of roadway are to be designed to lessen the appearance of excessive bulk (this is especially important for large-scale commercial structures). Facades should be articulated to relieve the mass. Facades should incorporate elements relating to human scale. Facades can be divided by use of: proportional expression of structure, openings, arcades, canopies, fenestration, changes of the building, and the like. (Stepping or sloping of a parapet wall in conjunction with a low sloped roof is prohibited.) Flat, blank, unarticulated, or massive facades will be permitted on the sides and rear of a building where "Blank Facade Foundation Planting" is utilized (see landscape section for requirements). The following materials or systems are prohibited as a finish and/or exposed product: corrugated or ribbed panels, smooth finish concrete block (standard concrete masonry units), precast concrete tee systems, plywood or textured plywood.[ Plywqod will be allowed for soffit material. Plastic or metal is prohibited as a finish material for walls, facia, or trim. This does not exclude the use of typical metal flashing, wall cap, drip edge, and the like. This does not exclude the use of metal or vinyl facia 6 inches or less in height. Plastic is prohibited as a finish material for slope roofs or visible roof structures. 4. Any exposed masonry in a stack bond is prohibited. Lighting that follows the form of the building, parts of the building, or building elements is prohibited. Neon lighting, fiber optics, or similar sy_stem trim where the neon tube, fiber optics or similar system is visible is prohibited (See Sec. 20A-19.1.8. for neon sign requirements). Bac -ktit transparent architectural elements, backlit architectural elements, as well as illuminated or backlit awnings are prohibited. GThis does not pmhibi~--l-he-use-~f-glass blocks shall not be on any facade visible t¥om a 12 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 34 35 36 37 3g 39 02/20/98 DRAFT roadway. This does not prohibit the use of' an illuminated sign attached to a building. Facades that appear to be primarily awnings are prohibited. Awnings shall not mn continuous for more than 30% of the length ora facade. "Drive-up" windows or ".amusement loud speakers" located on a building facade that faces a residential use are prohibited. They shall not be located on a building facade that faces Indian River Drive except for special events as permitted by the City Council U.S. #1, unless thcy are designed in such a manner as to be an aesthetio asset to the building and-neighborhood. 10. Temporary storage sheds, car canopies, and similar structures the like are prohibited. Roofs and t>arapets: Slope Roofs: Gable, hip, and shed style roofs shall have a slope no less than 5:12 (rise:mn) and not greater than 10:12 (rise:mn). Mansard style roofs with a slope greater than 10:12 (rise:mn) are prohibited. Generous eaves on sloped roofs are encouraged. Rafters at overhangs should be exposed. Any roof with a slope less than 5:12 (rise:mn) ("low sloped roof') shall not be visible from a roadway. Low sloped roofs must be screened with a visible roof structure or parapet wall. Sheds, porches and balconies roofs shall have a slope no less than 3:12 (rise:mn). Visible roof structures: Visible roof structures shall be of such height, bulk, and mass, so as to appear structural, even where the design is non- structural. Visible roof structures shall have a minimum vertical rise of six feet (not including facia). Visible roof structures shall have a slope no less than 5:12 and not greater than 10:12 (rise:mn). Mansard style visible roof structures with a slope greater than 10:12 (rise:mn) are prohibited. Where visible roof structures are utilized in a building design, they shall be continuous around all sides of the structure, except where incorporated with a parapet wall or other architectural element (this does not allow "Stuck-on" roofs). Any facade that is not visible from a roadway will not require a continuous visible roof structure on that facade. Any building with less than 3500 square feet of enclosed space and utilizing a Iow sloped roof must have a visible roof structure on all facades which are visible from a roadway. 13 '1 I I I I I I I i I I I i I I I I I I I I I 02/20/98 DRAFT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 The following roof styles would not be in keeping with the intended character of the Pdverfront District and, therefore, are prohibited: "A frame" style, bowstring, dome, gambrel, non-symmetrical gable or hip (different slope on each side of ridge), Quonset style, or Polynesian roofs. The ridge or plane of a roof (or visible roof structure), that runs parallel (or slightly parallel) with a roadway shall not run continuous for more than 100' without offsetting or jogging the roof ridge or plane a minimum of 16 . · · inches. Low slope roofs are excluded from this requirement, ct) Roofing on sloped roofs and visible roof structures shall be limited to the following systems: a. Cedar shingles with factory treated class B finish. b. Steel, copper, and factory painted aluminum standing seam roofing. c. 5-V crimp roof. Galvanized metal or copper shingles of Victorian or diamond shape or pattern. e. Three dimensional fiberglass or asphalt shingle. Architectural standing seam roofs shall be limited to the following systems: flat metal panels with narrow raised seams running 12 to 20 inches apart, which are secured with continuous seam covers or mechanically seamed. Light and natural colors, as well as mill finish metal roofs are encouraged. Mixing colors of metal panels is prohibited. Roofs on any one site shall be of a one color. Roofing materials are prohibited for use as a finish material on parapets or any surface with a slope greater than 10:12 (rise:mn), up to and including vertical surfaces. This pertains only to those surfaces visible from any point around the entire building perimeter, up to six feet above grade. This does not exclude the use of metal facia six inches or less in height. This does not exclude the use of t~ical metal flashing, wall cap, drip edge, and the like. This does not exclude the use of roofing materials as a screening device, as long as it does not function as a building's parapet. This does I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 02/20/98 DRAFT D. Sit_~e: 1. not exclude the use of cedar shingles or shakes as a wall materiel used below the roof line. Plastic or metal roof panels or systems, corrugated or ribbed roof panels, hot mopped systems, built-up, gravel, torched on, foam or fluid applied,. roll or membrane roofing, and the like are prohibited on any roof which is visible fi-om any roadway and/or residentially designated area. This does not exclude the use of architectural standing seam metal roofing or galvanized 5-V crimp metal roofing. "Stuck-on" visible roof structure are not permitted. Partial parapet walls are not permitted. If a parapet wall is used on a building, then a parapet wall of the same style and material is to be continuous around all sides of the structure, except where incorporated with a visible roof structure or other architectural element. Introduction of any visible roof structure shall not appear "fake". Any facade that is not visible from a roadway will not require a continuous parapet wall on that facade. Stepping or sloping of a parapet wall in conjunction with a low sloped roof is proh/bited. All telephones, vending machines, or any facility dispensing merchandise or a service on private property, shall be confined to a space built into.'the building or buildings, or enclosed in a separate structure compatible with the main building's architecture. These areas are to be designed with the safety of the user in mind. Public phones and ATMs should have 24 hour access. No advertising will be allowed on any exposed amenity or facility such as benches and trash containers. Identity of owner is permitted as long as on property of the owner. When at all possible, ehsting specimen trees, as defined by Article XIV, Tree Protection, should not be removed, or, at the very least, should be relocated on site should be considered. Use of tree wells, as well as adaptation and variations of siting in order to conserve native vegetation, is encouraged. Installation of utilities underground is required (i.e.: telephone, electricity, cable). 15 I I I I I I I I I I I I I I I I I I I I I I I I I I i I i I I I I I 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 15 19 2O 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 3'7 38 39 4o 02/20/98 DRAFT The use of thematic and decorative site lighting is encouraged. All luminaires (fixtures) should be selected not only for their functional value, but for their aesthetic qualities. In addition to safety and resistance to vandalism, site lighting should be designed for visual effect. Low lights of a modest scale can be used along with feature lighting emphasizing plants, trees, entrances, and exits. Light bollards are encouraged along pedestrian paths. The color of the light sources (lamp) should be consistent throughout the project. Color of site lighting luminaires, poles, and the like, shall be limited to dark bronze, black, or dark green (decorative fixtures attached to buildings are exempt from fixture color requirement). Lighting is not to be used as a form of advertising or in a manner that draws considerably more attention to the building or grounds at night than in the day. Site lighting shall be designed to direct light into the property. It is to avoid any annoyance to the neighbors from brightness or glare. Roadway style luminaries (fixtures) such as cobra heads, Nema IIeads, and the like are prohibited. Wall pack and flood light luminaries are prohibited where the light source would be visible from a roadway and/or existing residential uses. The following luminaire's light distribution shall be a full 90 degree cutoff and meet [ES (Illumination Electrical Society) specifications: a. All *H.I.D. luminalres mounted higher than 18 feet above grade. b. All ceiling mounted *H.i.D. luminaires. (*II.I.D.: High intensity discharge lamps include high pressure sodium, metal halide, mercury vapor, and tungsten halogen.) When chain link fences are used, they must be standard green or black and planted with appropriate vines or adequate landscape to screen the fence from view of a roadway. Barbed wire on fences are prohibited. E. Screening Devices: "Visually offensive elements", whether freestanding, mounted on roofs, or anywhere on a structure, shall be concealed from view on all sides. "Visually offensive elements" consist of: walk-in coolers/freezers. transformers, electrical equipment (including panels and meters), water or 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 02/20/98 DRAFT waste piping and valves, pumps, satcttite dishes, antennas, fans, exhaust vents, compressors, generators, tanks, and similar equipment. Individual screens, building elements, or appropriate landscaping, are to be used to completely screen the offensive elements. Parapet walls, visible roof structures, individual screens, or building elements, are to be used to completely screen roof mounted, visually offensive elements. They are to be screened from view from any point around the entire building perimeter. Screening devices shall relate to the building's style of architecture and materials. All screening devices shall be designed so that no part of the offensive element extends beyond the top of the screen, measured horizontally. Roo~op screening devices will not be required for plumbing roof vents which are less than four inches in diameter and less than twelve inches above roof penetration. These roof vents should be located where they will be least visible from roadways. 2. "Visual/sound offensive elements" shall be visually screened from adjacent roadways or residential uses with solid walls or fences. This is in addition to any required landscaping. "Visual/sound offensive elements" consist of: loading and unloading dock areas, dumpster and trash container areas, and commercial grade I-IVAC equipment. Walls or fences at loading and unloading dock areas shall be a minimum eight feet in height above grade .b% at loading area (where loading docks/~,,e, as are recessed, average grade r,,/v0~'~ J around~lmi/ding ~dl!-l~considered "grade '). Att~ther ~ ~ be-a mnum~ All dumpster and trash container areas shall be cOmpletely screened on-""~ four sides~ Acoustical material is to be used on inside face of walls or fences around I-IVAC equipment. Individual screens and walls shall relate to the building's style of architecture and materials. A durable material such as reinforced concrete masonry units is recommended with an architecturally compatible finish. Wood fences as a screening device are encouraged. Chain link fencing, with or without slats, is not acceptable as a screening device. F. Si~na~e: Signage shall meet the requirements of 20A- 19.1.8. G. C.olors: 17 I '1 I i I I I I I I I I I I I I I I I i I I I i I I I I I I I I I i I ! 2 3 4 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 26 27 28 29 3O 31 32 33 34 36 3'7 38 39 40 02/20/98 DRAFT The intent is to use colors that complement the adopted "Old Florida Fishing Village" theme. Some national and regional commercial chain stores typically paint their buildings using bright and garish colors, as a means of attracting attention to their business. This practice is not characteristic of the Riverfront District and is not compatible with this code's objectives. Whites, earthtones, and subdued greys are encouraged. These colors can be described as being "softer", "older", "subdued", and "antique looking". Loud pastels and~ha~__~style colors are discouraged. Fluorescent, bright, and shiny colors are prohibited. Roof Colors (requirements for roofs that are visible from a roadway): Metal roof colors shall consist of natural mill finish, white, light neutral colors in the warm range, and a limited number of earth-tone colors. Mixing or alternating colors of metal panels is prohibited. For remaining roofs, the following shall dictate: Other than natural variations in color or color blends within a tile, the mixing or alternating of roof color, in the same roof material is prohibited. Colors and color blends shall not be contrary to the intent of this code. Color for roofing which is glazed, slurry coated, or artificially colored on the surface by any other means shall be limited to the same colors as approved for metal roofs. Natural Finish Materials: The color requkements listed above shall not apply to the colors of true natural finish materials such as brick, stone, terra cotta, concrete roof tiles, slate, integrally colored concrete masonry units, copper, and wood finishes. Colors commonly found in natural materials are encouraged, unless such material has been artificially colored in a manner which would be contrary to the intent of this code. Black, gray, blue, or extremely dark colors for brick, concrete masonry units, roofing, or stone is prohibited. Awning Colors: Awning colors shall be limited to the pfima~ building color or trim color. ~ ~ I 'k g 4. ~ H. Building Walls 18 I 2 3 4 $ 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 02/20/98 DRAFT The exterior walls of'the Principal Building shall be constructed of any of the following materials and in the following specified manner. All materials shall be used over the entire building or as continuous horizontal blends only. No panelizing shall be permitted or other simulations. 1. Stucco with a "float finish," smooth or coarse, machine spray, dash and troweled. 2. Wood Clapboard 5" to the weather. 3. Wood Shingles 7" to the weather. 4. Orn-~, wood board or batten board of a board width from 8" to 4~'. Icfi'1 5. Wood shiplap siding smooth face 7" to the weather. 6. Coral, keystone or tabby. 7. Ashlar pattern, flush sawn finish. 8. Split face block. Arcades and porches: Arcades, balconies, or porches shall be constructed of materials either of wood or conform to the construction of the Principal Building. Windows and doors: The Windows and Doors of the Principal Building shall be constructed with any of the following materials, configurations, operations and options. No simulations shall be permitted. 1. Materials a. Glass clear, low E, stained, leaded and beveled. b. On side and rear elevations, translucent glass may be used. 19 i I I I I I I i i I I I i I I I I I I I I I i I I I I I I I I I I i I ! 2 3 6 7 8 9 lo 11 12 13 14 16 17 18 19 2O 21 22 23 26 27 2g 29 3o 31 32 34 36 38 39 4O 02/20/98 DRAFT c. Painted and stained wood. d. Aluminum and vinyl clad wood. e. Steel and aluminum. f. _Sgta~ky lights in sloped roofs. g. Tinted glass may be used; however, in no case shall a street-side display window be of tinted glass other than to meet current energy efficiency codes. Configurations a. Square and vertical rectangular. b. Circular and semi-circular. c. Semi-ellipse. d. Octagonal. e. Diamond, Operations a. Single and double hung. b. Casement. c. Fixed with fi-me. d. Awning windows, On side and rear elevations, sliders may be used. Options a. Woods shutters sized to match openings~ preferably operable. 2o 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 02/20/98 DRAFT b. Wood and metal jalousies. c. Fabric awnings excluding quarterballs. d. Bahamas shutters. e. Screened windows and doors. Security grills of a pattern which is consistent with the "Old Florida Fishing Village" theme, approved by the Community Development Department Director. K. Garden walls: Garden walls are discouraged. The garden walls of the Principal Building shall be constructed of either wood, wrought iron, or PVC lattice, or shall conform to the construction materials of the Principal Building, including stone, brick, and stucco. Chain link fence concealed by landscaping may be used along the side and rear of the property. No simulations shall be permitted. L. Outbuildings: Outbuildings when permitted within the Urban District shall be constructed of the same materials used in the Principal Building. 43utl~uildlngs-m~y4r~c4ude-fou~ barbecues, pavilions, arbors, detached-garages and carports,, dog housesT greenhouses, slat houses, pool and pool.equipment structures, cabanas and detached garage apartmems and in taw apartment. Canvas Outbuildings are not permitted. Where an outbuilding is designed for residential use, there shall be not less than ten feet separation between the outbuilding and the Principal Building. Sec. 20A-19.1.6 RIVERFRONT DISTRICT URBAN CODE Sec. 20A-19.1.6.1. PURPOSE A. Purpose: The purpose of this part is to describe certain Performance Overlay zones used to impose special development restrictions on identified areas. The location of Performance Overlay zones is established by the City of Sebastian based on the need for special protective measures in that area. The underlying uses in the area, as determined in Division I of this Code, remain undisturbed by the creation of the Performance Overlay zone. The Pertbrmance Overlay zone merely imposes additional or different development 21 'l I I I I I I I I I I I I I I I I I I I' I I I I I I i I I I I I i i I I I 02/20/98 DRAFT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 4o standards than those that would otherwise apply. B. Title: The provisions of section 20A-19.7. shall be known as the "Riverfront District Urban Code." Sec. 20A-19.1.6.2. GENERAL A. Intent: This Riveffront District Urban Code is designed to encourage development and redevelopment within the Kiverfi-ont District as described below by offering development incentives that are not otherwise available by this code including the promotion of traditional building types with arcades, balconies~ and porches, the creation of a sense of place and the promotion of social interaction on the streets of riverfxont section of Sebastian, mandated building alignments to define coherent streets, the location of outbuildings at the rear of lots for affordable housing, the aesthetic protection of the streetscape from parking lots, and' traditional, durable construction which is harmonious with the architectural heritage known as the "Old Florida Fishing Village" of Sebastian. Sec. 20A-19.1.6.3. URBAN STANDARDS AND REGULATIONS The following urban standards and regulations are governed by the categories of "BUILDING PLACEMENT," "OUTBUILDING," "PARKING," "ARCHITECTURAL FEATURES," and "BUILDING HEIGHT," related thereto as described in this Riverfront DiStrict Urban Code..:the geogr, aphi~4oeatiem-of' each of the seven Types is described i-n the Rivcrfront Urban District map-. A. Urban .types: TYPE I TYPE II TYPE III TYPE IV TYPE V TYPE VI Commercial Low intensity residential/commercial; Resort; Downtown, Medium intensity residential/commercial; Waterfront; B, Location description: 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 02/20/98 DRAFT Type I Type II The following is the descril~tion .of the location of the six Urban Types: Beginning at the intersection of the east fight-of-way line of the Florida East Coast Railroad and the north city limits, proceed east along the north city limits to the east fight-of-way line of US 1~ thence proceed north along said right-of-way line which is the city limits north to the end of the city limits, thence proceed south along the city limits to the west right-of-way line of North central Avenue, thence south along said right-of~way to the south property, line of the City Cemetery, thence west along said property line to east lot line of lot 5, Block 6,_ Ocean Breeze Heights Subdivision, thence_ south along said property line to north right-of-way of Jackson Street, thence west along said right-of-waly to the east property line of lot 5, block 5, Ocean Breeze Heights Subdivision, thence south along the east property line of lots 5 and 10, Block 5, Ocean Breeze Heights Subdivision to the north right-of-way line of Madison Street, thence east along said right-of-way to the east property line of lot 2, block 4, Ocean Breeze Heights. Subdivision, thence south along the east property line of lots 2 and 13, Block 4, Ocean Breeze Heights Subdivision to the north right-of-way of Davis Street, thence east along said right of way, to the east lot line of parcel 21-30-38-00001-9999-00021.0, thence south along said parcel line to the south property line of parcel 21-30-38-00001-9999-00020.1, thence east along said lot line to the west right-of-way of North Central Avenue, thence south along the east, right-of-way line of North Central Avenue to Fleming Grant Line, thence west along Fleming Grant Line to the east fight-of-way line of the Florida East Coast Railroad, thence north along said right-of-way line to the point of beginning. Beginning at the intersection of the west right-of-way line,of North central Avenue and the north city limits proceed easterly along the north city limits to the west right.~of-way of Indian River Drive, .thence south along sai~d right-of-way to the north right-of-way line of Davis Street, thence westerly along said right-o,f-way line to the east fight-of-way line of North Central Avenue, thence south along said righ. t~of-way line to the south line of parcel #2100380001999900 11.0, thence east alone said lot line to the west lot line of parcel 21303800001999900015.0, thence south along the west lot line of parcel 21303800001999900015.0 and lots 1, 2~ 3, 4, and the north half. of lot 5, Block 1, Indian River Hills Subdivision, thence west alon~ s~aid lot line to the east right-of-way of North Central Avenue to the west right-of-wag of North Central Avenue, .thence north along said right- Of-way line to the south lot line of parcel 21-30-38-00001-9999400020. I, 23 I 'l I I i I I' I I I .I I I I I I I I I i ,, 02/20/98 DRAFT ! I 1 thence west along said lot line to east lot line of parcel 21-30-38-00001- 2 9999-00021.0, thence north along said lo_t. li__n.e_.t_o_..t.he n,o~h r~ht Of-way of i 3 Davis Street, thence west to the east lot line of lot 1~, Block 4, O~e~ 4 Breeze Heights Subdivision, thence north along the east property lines of 5 lots 13 and 2, Block 4, Ocean Breeze Heights Subdivision to north right~ i 6 of-Way line qf Madi.son Street,_thence west to the eas.t_pr_rg, ge__~.y__[ine of 7 10, Block 5, Ocean Breeze Heights Subdivision, thence north along the 8 east property line of lots 10 and 5, Block 5, Ocean Breeze Heights I 9 Subdivision to the north right-of-way of Jackson Street, thence east along 10 said right-of way to east lot line of lot 5~ Block 6, Ocean Breeze Heights I 11 Subdivision, thence north along said lot line to City Cemetery, thence eas~ 12 to North Central Avenue, thence north to the point of beginning, 13 I 14 Type III Beginning at the intersection of the west right-of-way line of Indian River 15 Drive and the north right-of-way line of Davis Street proceed south al~n~ 16 the west right-of-wag of Indian River Drive to south township line of I 17 township 30s, thence west said line along township to the fight-of-wa3 east 18 line of North Central Avenue, thence north along said right-of-way line t~ 19 south lot line of the north half of lot 5, Block 1, Indian River Hills I 20 Subdivision, thence east along said lot line to the west'lot lin~ of lot 5, 21 Block 1, Indian River Hills Subdivision, thence north along the west lot line 22 of lots 1, 2, 3, z~, and 10t 5, ~lock 1, Indian River Hills Subdivision to the I 23 soUth lot 'line of parcel 21030~8000019999000 i 1.0, thence west along'said 24 lot line to the east right-of-way of North Central Avenue, thence north I 25 along said right-of-way line to the north right-of-way line of Davis Street, 26 thence east along s.aid right-of-way li.ne to the point oi'beginning. 27 I 28 Type [V Beginning at the intersection of the south township line of township 30s 29 and the west right-of-way line of .indian River Avenue~__proceed south 3o _along the west right-of-way line of Indian Rive. r D. rive to the south lot line of lots 3 and 4 of the first addition to the City of Sebastian_,_ thence we~ I i} along said lot line to the west right-of-wag line of US 1, thence south along o3 said fight-of-way line to the south property line eo_f lot 16 of Vi~kers Bros. I 34 Subdivision, thence west along said lot line to the west lot line of lot 1 35 thence north alon~ the west lot line of lots 14~ 15,1 and 16 of Vickers 36 .Bros.12,Subdivision-to the south lot line of the parcel located between lots I 37 11, an dl_~ of Vickers Bros. Subdivision and the Florida East Coast 38 Railroad~ thence alone said lot line to t.h.e_~st..ri~ht-of-wav line of the 39 Fl~)fida East C(~ast R~ilroad, thence north alo~-~ sa~d right-of I 40 Fleming Grant line, thence east alone Fleming Grant 'Line to the south 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 02/20/98 DRAFT township line of township 30s, thence east along said township line to the point of beginning Type V Beginning at the intersection of the south lot line of lot 4 of the first addition to the City of Sebastian and the west right-of-way line of Indian River Drive., thence south along the west right-of-way line of Indian River Drive to the south city limits~ thence west along said city limits to the east right-of-way line of the Florida East Coast Railroad, thence north alone said right-of-way line to the south property line of a parcel located between lots 11, 12, and 13 of Vickers Bros. Subdivision and the Florida East Coast Railroad, thence east along said lot line to the west lot line of lot 14 of Vickers Bros. Subdivision, thence south along the west lot line of lots 14, 15: and 16 of Vickers Bros. Subdivision to the south lot line of lot 16 of Vickers Bros. Subdivision, thence east along_said lot line to the west right- of-way of US, thence north along said right-of-way to the south lot line of lot 3 of the first addition to the City of Sebastian, thence east along the south lot line of lots 3 and 4 of the first addition to the City of Sebastian to the point of beginning Type VI_ Beginning at the imersection of the west right-of-way line of Indian River Drive_and the north city limits proceed easterly along the north city limits to the east city ii .roits~ thence southerly along the easterly city limits to the southern city limits, thence westerly along the southern city limits to" the west right-of way line of Indian River Drive, thence north along the west fight-of-wag_line to the poim ofbe~nning. C, Specifications: i. TYPE I -COMMERCIAL a. Description The TYPE I urban space is characterized by large buildings, parking, and minimal open space. The purpose of the TYPE I is to provide for opportunities to develop general commercial establishments. b. Building Placement. 25 I :1 I I I I I I i I .I I I I I I I I I I I I I I I I i I I I i I i I 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 02/20/98 DRAFT (1) The front building facade shall be constructed parallel to the street along the front property line with a setback of ten feet. (2) The side setbacks are a minimum of ten feet. The side setback shall be 15 feet when a commercial use is abutting a residential use. (3) The rear setback is 10 zcrc, feet. The rear setback shall be 30 feet when a commercial use is abutting a residential use. (4) The width of the principal building shall be not more than 90% of the lot width. (5) The floor area ratio is .6. (6) The maximum impervious surface ratio is 80%. (7) The minimum open space is 20%. (8) The minimum green area is 20%. Outbuilding. (1) outbuildings are permitted. Parking. (1) Parking shall not be located within ten feet of the front and side property lines but may otherwise be located anywhere on the property. Parking shall not be located within twenty feet of property which has a residential use. (2) Ail parking areas shall be screened by a landscape buffer. Additional .Architectural Features. (1) None required. 26 1 2 3 4 5 6 7 8 9 lO I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 02/20/98 DRAFT f. Building Height. (1). The maximum building height is the lesser of three stories or thirty-five feet measured from the crown of the lowest ad.~ac.ent road. TYPE ii - LOW INTENSITY RESIDENTIAL/COMMERCIAL a, Description The TYPE II urban space is characterized by low density uses dominated by open space. Parking is not a major feature on the site, The purpose of the TYPE II urban space is to preserve the existing low density residential areas of the Riverfront district. b, Building Placement. (1) The front building facade shall be constructed paralld to the str-eet-with a setback of thirty feet. (2) The side setbacks are ten feet. (3) The rear setback shall be twenty feet. (4) The width of the principal building shall be not more than 75% of the lot width. (5) The floor area ratio is .4. (6) The maximum impervious surface ratio is 55%. (7) The minimum open space is 50%. (8) The minimum green area is 45%. c. Outbuilding. (1) One outbuilding per lot. may be located in the 20 foot--rear setback. There sbatt be a five foot setl~ack from the rear pr~pevtsqi~ae-f~r-att-e mbuitdir~gs .- 27 I I I I I I i I I I I I I I I I i I I' I I I I I I I I I I I I I I I I I 02/20/98 DRAFT 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 o2 34 35 36 37 38 39 40 Parking. (~) All parking areas shall be located behind the front building facade and not within ten feet of the side or rear property line. (2) All parking areas shall be screened by a landscape buffer. Additional Architectural Features. (1) Porches on the front building facade are encourage.4 required. Porches shall have a minimum depth of four feet and a minimum length of 20% of the building width. On comer properties, porches may_mus~ be constructed along both street facades. (2) Wood picket fences, wrought iron fences or landscape buffers are encouraged requircd along the front property line and on comer lots, along the side property line. Arbors and trellises are permitted in the front yard and may be located along property lines. Except for arbors and trellises, the minimum height of fences shall be three feet and the maximum height shall be four feet, The maximum height for arbors and trellises shall be ten feet. Above fences, architectural features of up to twelve inches shall be allowed, Such features shall be spaced a minimum of ten feet apart. Chain link fences are not permitted in the front yards. Walls are discouraged. All wa.!! shall be constructed of brick or other decoratiye ..mat.e. rials and_shall not exceed 4 feet in height. f. Building Height. (l) The maximum building height is the lesser of three stories or thirty-five feet measured from the crown of the lowest adjacent road. ,c~'~2 TYPE III -- RESORT ~ I I II II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 02/20/98 DRAFT Description The TYPE III urban space is characterized by large buildings with significant open space with lush landscaping. The purpose of the TYPE III urban space is to preserve the existing time share/hotel/bed & breakfast character of the area. The TYPE III area is also intended to establish and preserve the high quality, well landscaped development in the area. Building Placement. (0 (2) (3) (4) (s) (6) (7) (s) The fi-om building facade shall be constructed parallel-to the st-~+with a setback of twenty-five feet. The side setbacks shall be fifteen feet. The rear setback shall be fifteen feet. The width of the principal building shall be not more than 80% of the lot Width. The floor area ratio is .5. The maximum impervious surface ratio is 70%. The minimum open space is 35%. The minimum green area is 30%. Outbuilding. (1) Outbuildings are permitted. Parking. (1) All parking areas shall be located to the side or rear of the principal building. No parking shall be located within ten feet of the side or rear property line. 29 I '1 I I I I I I I i I I I I I I i I I i i' I i i i I I i I i I I i I I I i I 1 2 3 4 5 6 7 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 34 35 36 37 39 40 02/20/98 DRAFT (2) All parking areas shall be screened by a watt oF landscape buffer from the street. Additional Architectural Features. (1) Porches and balconies are encouraged. (2) Wood picket fences, wrought iron fences or hedges are encouraged required along the front property line and on comer lots, along the side property line of the adjoining street. Arbors and trellises are permitted in the front yard and may be located along property lines. Except for arbors and trellises, the minimum height shall be three feet and the maximum height shall be four feet. The maximum height for arbors and trellises shall be ten feet. Above fences, Architectural Features of up to twelve inches shall be allowed. Such features shall be spaced a minimum of ten feet apart. Chain link fences are not permitted in the front yards. Walls are discouraged. All wall shall be constructed of brick or other decorative materials and shall not exceed 4 feet in height. Building Height. (1) The maximum building height is the lesser of three stories or thirty-five feet measured from the crown of the lowest adjacent road. TYPE IV -- DOWNTOWN a. Description The TYPE IV urban district is characterized by pedestrian oriented development. The intent of the TYPE IV urban district is to establish a "downtown" area for the City in the Riverfront district. Building Placement. (l) The front setback is zero feet for buildings existin~ r~rior to 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3! 32 34 35 36 37 38 39 40 02/20/98 DRAFT March 11, 1998. For structures constructed after March 11~ 1998,_the front setback shall be 5 feet. (2) The side setback is five feet. (3) The rear setback is 10 feet, 30 feet when a commercial use is abutting a residential use. (4) The width of the principal building shall be not more than 50% of the lot width east of US 1, 80% for lots west of US 1. (5) The floor area ratio is .5. (6) The maximum impervious surface ratio is 80%. (7) The minimum open space is 20%. (8) The minimum green area is 20%. Outbuilding. (1) Outbuildings are not permitted. Parking. (1) All parking areas shall be located to the side or rear of the principal building and not within ten feet of the side or rear properly line. (2) All parking areas shall be screened by a landscape buffer from the street. Additional Architectural Features. (I) Arcades, porches and balconies are encouraged. Building Height. (1) The maximum building height is the lesser of three stories or 31 i 'l I I I I I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 .37 38 39 4O 02/20/98 D 1LasFT thirty-five feet measured from the crown of the lowest a_d}acent road. 5. TYPE V - MEDIUM INTENSITY RESIDENTIAL/COMMERCIAL a. Description The TYPE V urban district is characterized by low to medium density residential and commercial development. The buildings are not as big as what would be allowed in the TYPE I or TYPE III district. Open space is a major feature of the design of the site, The purpose of the TYPE V district is to preserve the low to medium intensity development in the area. b. Building Placement. The front building facade shall be constructed parallel: to thc I otqeet-with a front setback of twenty-five feet. I (2) The side setback is ten feet. The side setback is fifteen feet when a commercial use is abutting a residential use. (3) The rear setback is twenty feet, (4) The width of the principal building shall be not more than 80% of the lot Width. (5) The floor area ratio is .45, (6) The maximum impervious surface ratio is 75%. (7) The minimum open space is 30%. (8) The minimum green area is 25%. c. Outbuilding. (1) One outbuilding may be located in the twenty foot rear setback. The rear setback for an outbuilding is ten feet, 32 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 02/20/98 DRAFT Parking. All parking areas shall be located to the side and rear of the principal building. Additional Architectural Features. (1) Porches on the front building facade are encouraged required. Porches shall have a minimum depth of eight feet and a minimum length of 20% of the building width. On corner properties, porches may r',,,u:t be constructed along both street facades. Balconies are encouraged. (2) Wood picket fences, wrought iron fences or hedges are encouraged along the front property line and on comer lots, along the side property line of the adjoining street. Arbors and trellises are permitted in the .front yard and may be located along property lines. Except for arbors and trellises, the minimum height shall be three feet and the maximum height shall be four feet. The maximum height for arbors and trellises shall be ten feet. Above walls and fences, Architectural Features of up to twelve inches shall be allowed. Such features shall be spaced a minimum of:ten feet apart. Chain link fences are not permitted in the front yards. Walls are discouraged. All wall shall be constructed of brick or other decorative materials and shall not exceed 4 feet in height. Building Height. The maximum Building Height is the lesser of three stories or thirty-five feet measured from the crown of the l.owest adjacent road. TYPE VI -- WATERFRONT a. Description The TYPE VI urban district is characterized by maintaining vistas I I I i I I I I I I I I I I I I i I 1 2 3 $ 6 7 8 9 lO 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 3~ 36 37 38 39 4O 02/20/98 DRAFT to the Indian River and small building sizes. The purpose of the TYPE VI district is to preserve visual access to the waterfront while providing reasonable opportunities for limited development. Building Placement. (~) (2) The front building facade shall be constructed paratte[ to the street-with a front setback of~ feet., _~,.~-~'~ The side setbacks are fiaeen ~et.7 (3) The rear setback for all structures is ~ feet from the mean high water line. ,~ (4) A minimum twenty foot vista shall be provided between principal buildings. (5) The width of the principal building shall be not more than 50% of the lot width. (6) If a building facade is 100 feet or more in width measured parallel to the nearest body of water, a vista of at least ten feet in width and eight feet in height shall be required within the building's facade to allow a visual corridor from the public fight-of-way to the adjacent body of water. (7) The floor area ratio is .4. (8) (9) The maximum impervious surface ratio is "~ 0 The minimum open space is .~0¼. (10) The minimum green area is 20%. Outbuilding. (1) One outbuilding is permitted in the rear yard. Outbuildings shall be setback not less than fifteen feet from the side and rear property lines and shall not be located within a Vista. 34 02/20/98 DRAFT 2 d. Parking. 3 4 (1) Parking shall be located to the side of the principle building 5 and shall not be located within ten feet of the front and side 6 property. 7 8 e. Additional Architectural requirements. 9 10III (1) Porches on the fi.om building facade are encouraged 11 required. Porches shall have a minimum depth of eight feet 12 and a minimum length of 20% of the building width. On 13 comer properties, porches ma,/must be constructed along 14 both street facades. 15 16 (2) Wood picket fences, wrought iron fences or hedges are 17 required along the front property line and on comer lots, 18 along the side property line on the adjoining street. Arbors 19 and trellises are permitted in the front yard and may be 20 located along property lines. Except for arbors and trellises, 21 the minimum height shall be three feet and the maximum 22 height shall be four feet. The maximum height for arbors 23 and trellises shall be ten feet. Above walls and fences, 24 Architectural Features of up to twelve inches shall be 25 allowed. Such features shall be spaced a minimum of ten 26 feet apart. Chain link fences are not permitted in the front 27 yards. Walls are discouraged. All wall shall be constructed 28 of brick or other decorative materials and shall not exceed 4 29 feet in height. 30 32 f. Building Height. 33 34 (1) The maximum Building Height is the lesser of two stories or 3,5 I twenty-five feet measured from the crown of the lowest ~6 adjacent road. 37 .38 DG Additional specifications and requirements: 39 ) 1 Storage sheds. One storage shed may be located on any lot within the i i I i I I I i i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 02/20/98 DRAFT Urban District. Multiple Frontages. In the event a single lot abuts more than two streets, the setback and architectural requirements shall only apply to two street facades. Conflicts with Utilities. In instances where the required location of a building, including architectural requirements, conflicts with existing utilities or other public infrastructure, the developer shall be required to relocate such utilities if the cost of relocation is less than 5% of the cost of the proposed building or improvements (excluding land value), and the utilities can be relocated within 150 feet of the subject property. Otherwise, the Community Development Department _Director may recommend adjustments to the requirements of this Riverfi-ont District Urban Code to rectify any conflicts with utilities or other public infrastructure. No utilities shall be located beneath a principle building. Any decision regarding the relocation of utilities or public infrastructure may be appealed to the City Council. Historic Buildings. The Community Development Director or the Planning and Zoning Commission may recommend that requirements of this Riverfront District Urban Code be waived by the City Council for the purposes of preserving a Historic Building. Front yard: In those Urban Types in which require a front yard, the following uses shall be prohibited: 1 . Clothes lines and other clothes drying apparatus. 2. Electrical meters. Air conditioning equipment including window units on the Building Facade. 4. Antcanas and- satc!lit-e- dishes~. Chain link fences. 36 ! 2 3 4 6 7 9 l0 11 12 13 14 15 16 17 19 2o 21 22 23 24 26 27 2g 29 30 31 32 34 35 36 37 3,3 39 4o 02/20/98 DRAFT Sec. 20A-19.1.7 RIVERFRONT DISTRICT LANDSCAPE CODE Sec. 20A-19.1.7.1. LANDSCAPE REQUIREMENTS Purpose: The purpose of the Riverfront District Landscape Code is to emphasize the impact of landscape design and maintenance on the health of the Indian River Lagoon and to enhance the beauty of the Riverfront District. intent: The intent of the Kiverfront Landscape Code is to promote wise landscape design that can benefit the Indian River Lagoon with reduced irrigation, fertilization, and pest control needs. Encourage the use of native plants. Large oaks and cabbage palms are among the many native plants which can give the feel of "Old Florida Fishing Village". Native plants properly sited can minimize maintenance costs and compliment the historic appeal of the Riveffront District. Put the right plant in the right place. Encourage the use of plants suited to the soil conditions rather than the use of soil amendments. Native plant list. This list of native plants is intended to assist the landowner choose landscaping that will survive into the future with minimal impact to the Indian River Lagoon. Maintenance plan. The intent of the maintenance plan is to consider future maintenance costs and impacts to the Indian Kiver Lagoon through the planning process. Requirements: All development in the Riverfi-ont District shall comply with the Landscaping requirements as described in Division 1I[. Landscape and Tree Ordinances an shall comply with the following additional requirements: 1. Landscape Strips The width of the perimeter landscape strips shall be determined by the required front, side and rear setbacks as described in the Riveffront District Urban Code. For residential uses, as defined in Sec. 20A-2.5.A., the perimeter landscape strips shall be 25% of those setbacks. 37 I I I' I I I I I I I I I I I I I I I I I 02/20/98 DRAFT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 39 4{) For community facility and commercial uses, the perimeter landscape strips shall be 50% of those setbacks, but not less than ten feet. When a zero front setback is allowed and is used, a front perimeter landscape strip between the building and the property line is not required. If the building is located within ten feet of the front property line, the front yard shall be landscaped. Where a commercial use abuts an existing residential use, the perimeter landscape strips shall be 75% of those side or rear setbacks as appropriate. The width of the interior landscaped strips located along the sides of a community facility and commercial building which abut any parking area shall be ten feet. The width of the landscaped strip of land located between the building walls of a multi-family development and parking areas shall be five feet. Required perimeter and interior landscape strips shall not be used for any other uses including stormwater management. No more than 25% of the required perimeter and interior landscape strips shall be covered in sod or grass, All required perimeter and interior landscape strips not sodded or grassed shall be covered in recycled or environmentally friendly mulch. Cypress mulch is discouraged. Lava rocks or other dark rocks may be used in areas of high pedestrian traffic. River rock, gravel, pea rock, or similar material is discouraged for use~t in the required perimeter and interior landscape strips. Within the perimeter landscape strips, the following landscape shall be provided: (1) Three shrubs tbr eve~ ten square fket of required area. (2) Ground cover or flowering plants. (3) One understory tree for every 100 square feet of required 38 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 38 39 40 02/20/98 DRAFT area. The understory tree can not be counted toward the canopy tree requiremen.ts of D. jvision III, Landsc_..a3ze and Tree Ordinances. Interior landscaping requirements Along the front, sides and rear of all buildings less pedestrian entranceways and loading zones, not to exceed 25% of the total perimeter of the building, the following foundation landscape strip shall be provided in accordance with building height. Building Height up to 12' high 12' to 25' high over 25' high Foundation Planting Strio Width 5 feet 10 feet 15 feet The purpose of the foundation landscape strip is to break up the mass of a building. Clustering of materials is encouraged to provide visibility to areas of the building face that have architectural features or signage. Foundation landscape strips may be located away from a building to avoid conflicts with architectural features (e.g. roof overhangs)'and vehicular access areas (e.g. drive-up windows, load zones). The depth of the foundation landscape strip may be modified if the required foundation landscape strip exceeds the required building setback. Within such foundation landscape strips the following landscape shall be provided: (1) For buildings up to 12' high: (a) Three shrubs for every ten square feet of required area. (b) Ground cover or flowering plants. (c) The foundation landscape strips shall not be grassed and shall be covered in mulch or rock as provided 39 i '1 I I I I' I I I I I I i I I I I I I 02/20/98 D I~a. FT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 41) (2) (3) herein. Lava rocks or other dark material may be used in areas of high pedestrian traffic. River rock, gravel, pea rock, or similar material is discouraged for used in the required perimeter and interior landscape strips. For buildings 12' to 25' in height (a) One understory tree for every ten feet of foundation landscape strip. Trees may be clumped in group plantings. The understory trees may not count toward the required tree count required by Division III. (b) Three shrubs for every ten square feet of required area. (c) Ground cover or flowering plants. (d) The foundation landscape strips shall not be grassed and shall be covered in mulch or rock as provided herein. Lava rocks or other dark material may be used in areas of high pedestrian traffic. River rock, gravel, pea rock, or similar material is discouraged for used in the required perimeter and interior landscape strips. For buildings over 25' in height: (a) One canopy tree for every fifteen feet of foundation landscape strip. Trees may be clumped in group plantings. The canopy trees may count toward the required tree count required by Division (b) One understory tree for every ten feet of foundation landscape strip. Trees may be clumped in group plantings. The understory trees may not count toward the required tree count required by Division III. 4o I 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 02/20/98 DRAFT (c) Three shrubs for every ten square feet of required al'ea. (d) Ground cover or flowering plants. (e) The foundation landscape strips shall not be grassed and shall be covered in mulch or rock as I~rovided herein. Lava rocks or similar dark material may be used in areas of high pedestrian traffic. River rock, gravel, pea rock, or similar material is discouraged for used in the required perimeter and interior landscape strips. Buildings with a flat, blank, unarticulated, or massive facade shall provide a 100% increase (doubling) in the required plant material quantities as specified above. Tree requirements The number of trees required shall be 25% more than that required by Division III. In order to encourage the installation of tall canopy trees within'the Riverfront District, trees, other than palms, planted on the site, which are greater than twelve feet in height shall count as two canopy trees for meeting the required canopy tree count. In order to preserve the existing tall trees in the Riveffront District, each tree other than palms, in excess of 30' in height, which is preserved on the ske shall have one additional tree credit over and above the credit provided for in Division III. d, Citrus trees are allowed. Required landscape plan Prohibited species of trees shall be identified and removed per. procedures described in Division IH removal procedures &scribed. b. The landscape plan for all required perimeter and interior landscape 41 I I I I i i i I i i i I I i I I I I I' I I I i 1 2 3 6 7 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 34 35 36 38 39 40 02/20/98 DRAFT strips shall include ground-cover, understory and canopy plant material. The ground cover and/or understory plant material shall be adequate to cover the landscape strip at the time of installation. The ground cover plant material shall be adapted to the lighting conditions which will result as the understory and canopy plants mature. It is recognized that as the understory and canopy plant material matures, the ground cover will be reduced in area covered. The understory plant material includes shrubs and hedges. The canopy plant material shall be sufficient to form a canopy over the required perimeter and interior landscape strips within five years. The canopy of the canopy plant material shall be encouraged to continue over adjacent areas. The landscape plan shall include an irrigation plan, a description of the soil preparation and a maintenance plan, For parcels east of Indian River Drive, the landscape plan shall include a description of the existing and propose shoreline and wetland vegetation. Not only man~oves but grasses and herbaceous flowering plants should be used to beautify and protect the shoreline. The landscape plan shall provide for visual access to the Indian River. A landscape maintenance plan shall be provided. The plan shall address irrigation, pest control, fertilization and mulch. Through the maintenance planning process, the recycling of landscape debris, such as grass clippings and leaves, should be part of the plan. Other requirements 2:he street facade of a. building ma~eontain a hedge, potted plants, or trees planted in publ~ic right of way. In thc case of redevelopment where the location of required Landscaping is wectuded-by e.,dst-ing buildings or permanent site improvements, the placement of landscaping map occur off site, in plavXers, in openimgs-~i'~hin-paved-a~easwo~qr~-o~her-toea4ie~as..as 42 02/20/98 DRAFT I determined by the Community Development Director. 2 3 .e,---~For parcels east of Indian River Drive, the landscape plan shall 4 include a description of the existing and proposed shoreline and 5 wetland vegetation. 6 87 D. Native Plants for the Sebastian Riverfront District ,, 9 1. Native plants c~ help to preserve and foster the feeling of an Old Florida 10 Fishing Village . These plants are well-adapted to Florida life and, 11 properly-sited, thrive with minimal irrigation, fertilization, and pest control. 12 Some of these plants, like oak trees and cabbage palms, are always 13 available locally. Other plants, like the quick-growing railroad vine, are 14 grown on a contract basis. The Association of Florida Native Nurseries 15 can assist with availability information. The following plants are 16 encouraged in the Riverfi'ont District. 18 Canopy trees 19 20 Red maple .............................................. Acer rubrum 21 Paurotis palm .......................................... Acoelorraphe wrightii 22 Southern red cedar ................................. Juniperus silicicola 23 Southern magnolia .................................. Magnolia grandiflora : 24 Red mulberry .......................................... Morus rubra 25 Redbay ................................................... Persea borbonia 26 Sand pine ............................................... Pinus clausa 27 South Florida slash pine ..... 'i ................... Pinus elliotti var. densa 28 Live oak .................................................. Quercus virginiana 29 Sabal palm .............................................. Sabal palmetto 30 Cypress ................................................... Taxodium sp. 31 Hercules club .......................................... Zanthoxylum clava-herculis 32 33 35 Understory trees 36 37 Tough bumelia ........................................ Bumelia tenax 38 Buttonwood ............................................. Conocarpus erectus 39 Coralbean ............................................... Erythrina herbacea _~ Florida privet ........................................... Forestiera segre~ata I I I I I I i 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 02/20/98 DRAFT Dahoon holly ........................................... Black ironwood ....................................... Simpsons stopper ................................... Wax myrtle .............................................. Sand live oak .......................................... Shrubs/hedges Beautyberry ............................................. Jamaica caper ........................................ Fiddlewood ............................................. Seagrape ................................................ Varnish leaf. ............................................ Firebush .................................................. Florida privet ........................................... Yaupon holly ........................................... Simpsons stopper ................................... Wild coffee .............................................. Needle palm ............................................ Saw palmetto .......................................... Necklace pod .......................................... Walters viburnum .................................... Spanish bayonet ..................................... Ground covers Beach bean ............................................. Golden creeper ....................................... Yellowtop ................................................ Blanket flower ......................................... Beach dune sunflower ............................ Spider lily ................................................ Dwaffyaupon holly ................................. Beach morning glory .............................. Beach elder ............................................ Coral honeysuckle .................................. Muhly grass ............................................. Boston fern ............................................ Wild petunia ............................................ Red sage ................................................ 44 Ilex cassine Krugiodendron ferreum Myrcianthes fragrans simpsoni Myrica cerifera Quercus geminata Callicarpa americana Capparis cynophallophora Citharexylum fruiticosum Coccoloba uvifera Dodonaea viscosa Hammelia patens Forestiera segregata Ilex vomitoria Myrcianthes fragrans simpsoni Psychotria nervosa Rhapidophyllum hystrix Serenoa repens Sophora tomentosa Viburnum obovatum Yucca aloifolia Canavalia rosea Ernodea littoralis Flaveria linearis Gaillardia pulchella Helianthus debilis Hymenocallis latifolia Ilex vomitoria var Schetlings Ipomoea pes-capre Iva imbricata Lonicera sempervirens Muhlenbergia capillaris Neprolepsis biserrata Ruellia caroliniensis Salvia coceinea 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 02/20/98 DRAFT Spiderwort ............................................... Coontie ................................................... Tradescantia ohiensis Zamia pumila Along the shoreline Giant leather fern .................................... Black mangrove ...................................... Sea-oxeye daisy ..................................... Railroad vine ........................................... White mangrove ..................................... Christmas berry ...................................... Red mangrove ........................................ Cordgrass ............................................... Acrostichum danaeifolium Avicennia germinans Borrichia frutescens Ipomoea pes-capre Laguncularia racemosa Lycium carolinianum Rhizophora mangle Spartina sp. Approval for changes of Landscape Plan Required: Any change of a landscape plan in the Riverfi'ont District, originally required to comply with these landscape requirements this sign ordinance, shall require review and approval by the Community development Department. Such changes shall include, but not be limited to, changes of plant material, height, location, colors, or hardscape materials. Routine maintenance and replacement of materials which does not affect the approved landscape plan shall be exempt from this paragraph. Sec. 20A-19.1.8. RIVERFRONT DISTRICT SIGN REGULATIONS See. 20A-19.1.8.1 GENERAL .S.~ope: This article shall be cited as the "Pdverfront District Sign Ordinance". This Riverfront District Sign Ordinance consists of additional requirements above and beyond the City of Sebastian Sign Ordinance (Article XV) and shall supersede any less restrictive provisions found in the City of Sebastian Sign Ordinance. All signage shall comply with the requirements of Article XV except as modified by this Riverfront District Sign Ordinance. The following sign ordinance requires compliance for ail signage in the Riverfront District as stated herein. This also pertains to any alterations affecting signage. Compliance with the provisions in this code shall be reviewed for approval by the Community Development Department. Precedence shall not be set by any sign variances or waivers approved by the Board of Adjustment or Planning and Zonine Commission the Community-Development Depanmcnt. 45 '1 I I I I I I I I I I I I I I I I I I 02/2O/98 DRAFT 1 B. 2 3 4 5 C. 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 intent: It is the intent of this code to use wide-base monument signs in the Riverfront District. All signs within the District are intended to be consistent with and further the "Old Florida Fishing Village Theme". Sign Review Requirements: In addition to requirements of Article XV, Sign Regulation, the following is to be submitted for approval to the Community Development Department: Sign Elevations (minimum scale: 3/4" = 1'-0"): These are to be detailed drawings of all silage requiring a permit. Drawings are to include all items affecting the - appearance of signs, including, but not limited to: dimensions, area in sq. feet, complete description of finish materials and their colors, and method of illumination. This is required for all outdoor signs except those which cannot be determined because the occupancy of the space is not known. Any signs not approved for this reason must be approved prior to the issuance of a sign permit. Color samples (minimum sample sizes: 3" x 5"): signage color samples shall be submitted, using the Pantone Matching System ® numbers. Include the color number on the back of each sample. Al~l~roval for Chan~e of Sigma Design Required: Any exterior change of signage in the Riverfront District, originally requked to comply with this sign ordinance, Shall require review and approval by the Community Development Department. Such changes shall include, but not be limited to, changes of: sign area (square footage), sign copy area (square footage), sign copy (this does not apply to "changeable copy" signage), height, shape, style, location, colors, materials, or method of illumination. Routine maintenance and replacement of materials which does not affect the approved design shall be exempt from this paragraph. Prohibited Signs (This is in addition to Section 20A-15.4 of the LDC): The following signs would not be considered appropriate for the Riverfront District and are prohibited: Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, except for time-temperature-date signs. Public signs for traffic regulation and directional signs are excluded from this prohibition. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 02/20/98 DRAFT Message boards, message centers, electronic adjustable alternation displays, or any sign that automatically displays words, numerals, and or characters in a programmed manner. Public signs for traffic regulation and directional signs are excluded from this prohibition. Portable or trailer style changeable copy signs. Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy. Strings of light bulbs used on non-residential structures for commercial purposes, other than traditional holiday decorations at the appropriate time of the year. Signs that emit audible sound, odor, or visible matter, such as smoke or steam. Window signs. Such signage shall include temporary window sig~: A cumulative total of fifteen percent (15%) of window area per building face may be used for display of business name, business hours, entrance or exit information, credit card or membership signs, temporary windows signs~ signs required by state law~ phone number and permit numbers of' the business located in the building, restaurants menus, or flyers or posters related to not for profit organizations. Permanently affixed window signs for the store's name and address are permitted. A cumulative total of twenty percent (20%~ of glass doors ma~ be used for similar displays. Plastic or glass sign faces (including but not limited to: acrylic, Lexan®, or Plexiglas®). High density polyurethane and PVC are exempt from this prohibition. Portions of a sign which are changeable copy are exempt from this prohibition. When used in conjunction with cut-out or routered metal cabinets, plastic used only for copy or logos is exempt from this prohibition. Plastic used for illuminated individual channel letters or logos is exempt from this prohibition. Although highly discouraged, a plastic sign face will be allowed only when all of the following requirements are met for the plastic portions of a sign: Plastic shall be pan formed faced. (embossed and/or de-bossed copy and logos are encouraged) 47 '1 I I I I I I I I I I I I I I I I I I 02/20/98 DRAFT ! I 1 I 2 b. Regardless of the opaqueness of a si=n, all plastic signage 3 backgrounds shall be a dark color (the intent here is to reduce light 4 transmission from signage background); All si~nage background I 5 colors shall be limited to those colors with a~formula having a 6 minimum black content of 11%, and a maximum content of 49% 7 for any shade of white. Color formulas will be based on the I 8 Pantone Matching System®. 9 10 c. All color must be applied on the "second surface" (inside face of I 11 plastic). 12 13 d. Nothing shall be applied to the "first surface" (outside face of I 14 plastic) (i.e.: paint, vinyl, etc..) 15 i 16 9. Neon lighting, fiber optics, or similar systems which exceed six square feet 17 in' area, five feet from a window, and where the neon tube fiber optic or 18 similar system is visible from the outside is prohibited. Neon lighting~ fiber I 19 optics, ir similar system shall not be used for outlining the building 20 including the windows. 21 I 22 10. Rough plywood used for permanent signs. 23 24 11. Any material used in such a manner for a permanent sign that results in: 26 a. A sign having a se_mblance to the look of a temporary sign but 27 intended by the owner to be pe,nn, anent. A flat sign without I 28 a semblance to a 'plywood oF dim,e, nsion,-havirlg tempoFary looking 29 sign ~ 30 I 31 12. Disregard for consistency in materials and continuity of the sign design for 32 a permanent sign: installation of an additional sign (or signs) that does not i 33 ha,m-,onize wit-h4he-4edgn or materials of theqni~ia! ~ign.----E-~a-mptes-of 34 signage that is to be prohibited include: 35 I 36 a. Instat,,taticm of a rear itluminate~ plastic faced sign with a woo~ 37 took' ~ont-i~lumiria~ed-sigr~. 38 I 39 b. Combining signs ,Mth-cabine~, faces o~ ~tructurc of a-wkwvardly 4o differcnt materials or proposfions. I 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 02/20/98 DRAFT 13. Attachment or mounting of signs where mounting hardware is tet~ exposed. d. Signs with different color eabinet-sr-fi'~~d~mr-e, Apptiqu6s or letters of vinyl and similar materials are discouraged for use on any permanent monument, freestanding, o~ roof signs. They are also discouraged for use on any permanent wall-or faeadc, signs-that exceed threc (3) square feet. Window signs as allowed in this Chapter arc excluded from this rcstriction. Regardlcss of size, appliqu6s or vinyl letters a~e prohibited for use on plastic sign faces: 14. -.- Excluding illuminated individual channel letters, individual plastic or wood letters exceeding four (4) inches in height are prohibited for use on any permanent monument, freestanding, roof-;-, wall, or facade signs. Items that are Encouraged: Attractive and durable materials such as the following and are consistent with the "Old Florida Fishing Village" theme are encouraged: Shaped and fashioned "wood look" multi level signs 'are encouraged (i.e.: sand blasted or carved). Considering the extreme weather conditions in our area, a low maintenance, durable material such as high density polyurethanes-and PVC, and high performance vinyl are encouraged and preferred over actual wood or MDO. Internally illuminated aluminum cabinet with textured finish, and cut-out inset or push through acrylic letters. Backlit reverse pan channel letters (opaque faced) mounted on sign that is harmonious with the project's architecture. Encourage consistencg in materials and continuity of the sign desi~,n_for a permanent sign: installation of an additional sign (or signs) that harmonize with the design or materials .of the initial sign. Examples of signage that is to be prohibited include: 49 I I I I I I I I I I I I I I I I I I I i I I I 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 19 20 21 22 F. 23 24 25 26 27 28 29 30 31 32 34 35 36 37 39 ~o G. 02/20/98 DRAFT Installation of a rear illuminated plastic faced sign with a "wood look" front illumin__a, ted sign. Combining signs with cabinets, faces or structure of awkwardly different materials or proportions. Attachment or mounting of signs where mounting, hardware is left exposed. d. Signs with different color cabinets, frames, structure. Signage that relates to the building's style of architecture and materials is encouraged. 3. The use of thematic signage is encouraged. Changeable copy signs are discouraged. Where allowed by this Article, changeable copy signs are encouraged to have a dark opaque background with translucent lettering. Modifications and Additions to Definitions in Section 20A - 15.2 1. The following definitions are added to Section 20A - 15.2 Abandoned sign; any sign that has not been used for six months or that the occupational license of the business owning the sign has not been renewed. Awning sign; any awning with lettering shall be considered a sign. Where lettering is used on an awning, the area of lettering shall be included in the percentage limitation of a project's sign area. Permanent sign; any sign allowed to be displayed for an unlimited period of time. Wide-based sign momtment; a freestanding sign with a solid base having a width equal to or greater than the width of the sign. Modifications of Sign Re_oulations 50 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 34 35 36 37 38 39 02/20/98 DRAFT Colors: Maximum copy area: Reduce to 50% of what is allowed. Maximum area: Reduce to 50% of what is allowed. Maximum height: Reduce to no less than six (6) feet and no greater than ten (10) feet. Required setbacks from property lines or right-of-way: No change. Distance separating signs: No change. Billboards: none allowed in the Riverfront District, The following colors are encouraged for signage: a. Use of earth-tone colors and pastels. b. Darker backgrounds with light color sign copy. Use of colors that match or are compatible with the project's architecture. Colors such as medium or dark bronze are acceptable and encouraged. Polished or weathered true bronze, brass, or copper metal finished are acceptable and encouraged. Precious metal colors are allowed on sand blasted or carved "wood look" style signs. The following colors are prohibited for signage: The use of shiny or bright metallic or mill finish colors (i.e.: gold, silver, bronze, chrome, aluminum, stainless steel, etc...) is prohibited. The use of garish colors (including but not limited to: purple, chartreuse and/or fluorescent colors) is prohibited, unless such colors are part of a State or Federal registered trademark. Color 51 -! i I' I I i I i I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 02/20/98 DRAFT choices which are considered unusual should submit early in the review process. These colors are less likely to receive approval. Sec. 20A-19.1.8.2 SPECiAL PROVISIONS Multi-tenant spaces: In addition to the provisions in Sec. 20A-19.1.8.1, multi- tenant spaces such as shopping centers, out parcels, commercial complexes and parks, and office complexes and parks will be required to submit to the Community Development Department a sign program for review and approval. This sign program shall communicate the coordination and consistency of design, colors, materials, illumination, and locations of signage. In multi-tenant spaces where no established pattern exists as described above, the owner of the multi- tenant spaces shall be required to submit a sign program for approval prior to issuance of any new sign permits. Nonconforming signs: It is the intent of Sec. 20A-19.1.8. to allow nonconforming signs permitted before the adoption of this Code to continue until they are no longer used, or become hazardous, but not to encourage their survival. Such signs are hereby declared to be incompatible with the overall intent of Sec. 20A-19.1.8. Removal of Nonconforming Signs: All nonconforming signs, except as provided herein, shall be removed as otherwise provided in Sec. 20A- 19.1.8.2.B. Continuance of Nonconforming Signs_: A nonconforming sign may be continued, subject to the following provisions: A nonconforming sign shall not be enlarged or increased in any way from its lawful size at the time of the adoption of this Code. Nonconforming signs or nonconforming sign structures that are defined as abandoned signs, under Sec. 20A-19.1.8.1.F.l.a., shall not be permitted for reuse. Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming sign, without the loss of nonconforming status, if the property is not abandoned. Repairs, Maintenance_and Improvements: Normal repairs, maintenance, and improvements may be made. However, the cost of such improvements 52 ! 2 3 4 6 7 8 9 10 11 12 13 14 16 17 19 2O 21 22 23 24 26 27 28 29 3O 3! 32 33 34 35 36 37 38 39 ¢0 02/20/98 DRAFT made during any two year period shall not exceed 25% of the replacement cost of the sign at the end of the two year period. Reconstruction-Ager-C-atastr-oghe: If any nonconforming sign is damaged by fire, flood, explosion, ¢otl~apse, wind, war, or other catastrophe to such an extent that the cost of repair and reconstruction will exceed 50% of the replacement cost at the time of damage, it shall not be used or reconstructed except in full conformity with the provisions of this COde. Casual, Tempor~, ,_ or Illeeal Use: The casual, temporary, or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such use. Modification to existing nonconforming_signs to meet compliance: existing nonconforming signs may be modified in order to meet compliance with Sec. 20A-19.1.8.. Modified signs will be subject to the provisions in Sec. 20A-19.1.8.. Freestanding Signage: All freestanding signs shall be of a side-based monument style. Poles may be used to support such a si_jgg_sing. The supporting structure shall be visible for no more than two feet in height from grade. Base should be constructed of substantial materials. Pole signs are permitted when the supporting structures are completely screened from view with landscaping or berm features. Any freestanding signs constructed from fiat panel material such as high density polyurethane, MDO, sheet metal, or the like, shall have a distance of no less than 8" from face to face, and shall be enclosed on all sides to cover internal frame. Wall Signage: The maximum vertical dimension of a facade or wall sign shall not exceed 25% of the building heist, not to exceed four (4) feet. Awnings with lettering shall be considered a wall sign. Where lettering is used on an awning, the area of lettering shall be included in the percentage limitation of a project's sign area. 53 I I i I I I '1 I I I I I I I I I I I I 02/20/98 DRAFT 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 Wall signs (facade signs) are prohibited on roofs. Also see the LDC's Section 20A- 15.7. C.2. Changeable Copy Signs: Changeable copy signs shall be regulated under the following guidelines, This Subsection shall not include electronic message boards which are prohibited under Sec. 20A-19.1.8., except time-temperature-date displays. Freestanding Signs: changeable copy signs are prohibited except as described herein below. Changeable copy signs shall not comprise more than 25% of the permitted sign area and shall be included as part of the permitted sign area, except as described herein below. Motor vehicle service stations and convenience stores with gas pumps may utilize up to 100% of permitted sign area for changeable prices of gasolines only (or as regulated by federal law). Movie theaters and other performance/entertainment facilitics may utilize up to 80% of permitted sign area for display of names of films, plays or other performances currently showing. Such changeable copy areas shall be included as pan of the permitted sign area. do Houses of worship may utilize up to 50% of permitted sign area for changeable copy. Changeable copy signs shall be prohibited for office, industrial and residential uses. Illumination: All external flood sign illumination shall be mounted at grade, directly in front of the sign area.. Light source shall be completely shielded from oncoming motorist's view. (Lexan®, Ple,,figlas®, and Pantone Matching System® are all registered trademarks.) 54 02/20/98 DRAFT 1 3 Section 2. CODIFICATION. It is the intention of the City Council of the City 4 of Sebastian, Florida, that the provisions of this Ordinance shall become and be made part of 5 the Land Development Code for the City of Sebastian, Flo~da, and t,ha, t the sections of this 6 Ordinance ?y b~, renumbered, relettered, and the word ordinance may be changed to 7 "Section",' Article, or other such word or phrase in order to accomplish such intention. 8 Section 3. SEVERABIL1TY. If any section or part of a section of this 9 Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other 10 section or part of a section of this Ordinance shall not thereby be affected or impaired unless it ll clearly appears that such other section or part of a section of this Ordinance is wholly or 12~ necessarily dependent upon the section or part of a section so held to be invalid or 1~ unconstitutional.. 14 Section 4. CONFLICT. This Ordinance shall prevail over all other Ordinances 15 which are in conflict with this Ordinance. If any clause, section, or part or other application of ~6 this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or 17 invalid, such unconstitutional or invalid pan or application shall be considered as eliminated and 18 in no way affecting the validity of the remaining portions or applications remaining in full force 19 and effect. .. i I' I i I I I I I I I I I I I i I I i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 02/20/98 DRAFT Section 5. EFFECTIVE DATE. This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and Clerk of 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 Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Can'm'i~t Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1998. CITY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor ATTEST: Kathryn M. O%Ialloran, CMC/AAE (Seal) Approved as to Form and Content: 56 02/20/98 DRAFT Valerie Settles City Attorney 57 City Sebastian i 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 I Board Applicant DEPARTMENT ORIGIN: City Clerk i DATE SGI~MrlT~I}: 2/17/98 i FOR AGENDA OF: 2125198 EXHIBrrs: Joseph E. Flescher application I APPROVED FOR SUBMITTAL: I SIJMMARY STATEMENT I A regular and alternate member position exist on the Code Enforcement Board. These positions were advertised with only one application received. Mr. Joseph Flescher is currently filling an unexpired regular member position with term expiring in March, 1998 which he was appointed to I on September 18, 1997. He is eligible for reappointment and has resubmitted his application dated September 11, 1997, since it is within the six month time frame. I RECOM~IENgED Aur~o~ I Interview, unless waived by City Council, and move to reappoint .loseph Flescher to the regular member position ~n the Code Enforcement Board with term to expire in March, 200 t. I Direct City Clerk s office to readvertise for an alternate member position on the Code Enforcement Board. I '1 I I i I I I i I I i I I I I I i i I I I I I I I I I I I I I I APPLICATION TO SERVE ON CITY BOARD 2. 3. 4. 5. 6. 7. 8, 9. (use additional sheets if necessary or submit resume if available) Yes . No ,~/ Yes ~o" 10. Voter registration no. 11. Are you a resident of the City? 12. Length of Re~id_eR~Y 13. Do you hold a public office? 14. Do you serve on a City Board at present? 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE - *CODE ENFORCEMENT BOARD / *CONSTRUCTION'BOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE I I I i 16. What qual~ifications do you have to serve on this board? . ,~na~ reasons ao you nay_ z0r wisping to serve on an advisory board? l~? Ha.~ you ever been convicted of any felony or any ~i~de ~m~nor involving moral turpitude in this or any state? 19. Would you consider se~ing on another Board ~her than the one(s) you selected above? Yes _~No I hereby certi~ that I ~ ~alified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided tn this application. understand that any misrepresentation or omission of info~ation requested in this application is cause for dis~alification or removal. I understand that the City CounCil of the City of SEBASTIAN may suspend or remove from office 'any municipal board member for malfeasance,-misfeasance,-neglected duty, habitual drunkenness, incompetence, or.permanent;Linability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the'~uties'of his office or who is indicated or informed against for the commission of any felony or misdemeanor.. I hereby authorize the Sebastian Police Department to run an active warrant check on me. p~cant Signature Subscribed and sworn ko before me this //~ da~ of~~ to me or has ~oduced ~ ~L'/~2~-FF:-J~-/33-d as identification. ~o~a~Public, S~of Florida I I I I I I I I i I i i I ~ws-form~application Con,mission No. i I' I I I I I i I I I I i i I I I I I NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 2/1/98 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH CODE ENFORCEMENT BOARD MEETS THIRD WEDNESDAY OF EACH MONTH - 2:00 P.M. MICHAEL OLIVER, $I~ 106 LANCASTER SEBASTIAN,FLORIDA 32958 388-9211 (Iff) 388-2060 (B) GENERAL CONTRACTOR POSITION APPOINTED REGULAR TERM VACATED BY LOUIS NICOLINI: 8/96 TERM EXPIRES: 6/I/99 (currently in 1ST full term and 2ND regular member year) THOMAS T. CONNELLY 149 KILDARE DRIVE SEBASTIAN FL 32958 388-1846 ENGINEER POSITION APPOINTED REG. MEMBER TERM VACATED BY G. METCALF: 9/11/96 TERM EXPIRES: 8/1/99 (Currently in 1ST full term and 2ND regular member year) JOSEPH C. GENERAZIO 1058 BARBER STREET SEBASTIAN, FLORIDA 32958 589-4940 BUSINESSMAN POSITION APPOINTED REGULAR TERM: 3/94 TERM EXPIRES: 3/97 APPOINTED REGULAR TERM: 4/97 TERM EXPIRES: 3/1/2000 (currently in 2ND full term and 4TH regular member year) SALVATORE F. NEGLIA 461 GEORGIA BLVD. SEBASTIAN, FLORIDA 32958 388-5020 (currently in 2ND full term and 4TH regular member year) MEMBER POSITION APPOINTED REGULAR TERM: 3/94 TERM EXPIRES: 3/97 REAPPOINTED REGULAR TERM: 4/97 TERM EXPIRES: 3/1/2000 MACK B. MAY 1106 LANDSDOWNE DRIVE SEBASTIAN, FLORIDA 32958 589-8890 SUBCONTRACTOR POSITION APPOINTED REGULAR TERM: 6/95 TERM TO EXPIRE: 2/97 REAPPOINTED REGULAR TERaM: 4/97 TERM TO EXPIRE: 2/I/2000 (Currently in 1 ST full term and 3RD regular member ?-ear) 76 KEN COSCO P.O. BOX 781306 SEBASTIAN, FLORIDA 32958 388-5432 FIRST ALTERNATE POSITION APPOINTED TERM: 6/95 TERM TO EXPIRE: 6/98 APPOINTED TO REGULAR MEMBER REALTOR POSITION VACATED BY DAMIEN GILLIAMS: 5/96 TERM TO EXPIRE: 3/99 (Currently in UNEXPIRED TERM and 2nd regular member year) JOSEPH E. FLESCHER 279 JOYHAVEN DRIVE SEBASTIAN, FLORIDA 32958 388-9531 APPOINTED SECOND ALTERNATE MEMBER POSITION: 4/97 TERM TO EXPIRE: 4/1/2000 APPOINTED UNEXPIRED REGULAR MEMBER POSITION: 10/8/97 TERM TO EXPIRE: 3/1/98 (Alternate terms and years not counted) (NO FULL TERM - 1ST REGULAR MEMBER YEAR) PETER CAVALLO 518 SAUNDERS STREET SEBASTIAN, FLORIDA 32958 388-3525 APPOINTED ALTERNATE MEMBER POSITION: 1/98 TERM TO EXPIRE: 4/2000 (Alternate terms and years not counted) VALERIE SETTLES, ATTORNEY 77 I I I I I I I I I I I City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL Strl~CT: Handicapped Self- Evaluation Committee Appointment AGENDA NO. DEPARTMENT ORIGIN: City Clerk/ DATE SUBMITTED: 2/17/98 FOR AGENDA OF: 2/25/98 EXHI~rrs: Robert Browning application APPROVED FOR SUBMTIWAL: City Manager: -~ca.~d t.t.)~ EXPENDITURE REQUiRED AMOUNT BUDGETED N/A N/A APPROPRIATION REQUIRED N/A ~IJMMAI~Y STATEMENT There is currently an unexpired regular member position vacant on the Handicapped Self- Evaluation Committee due to the death of Edra Young. This position was advertised as required and Robert Browning, who is currently an alternate member on the committee, was the one applicant. ]IECOM~IENDED ACT!OIN Interview, unless waived by City Council, and move to appoint Robert Browning to the unexpired regular member position on the Handicapped Self-Evaluation Committee with term to expire in June, 1999. i Direct City Clerk's office to advertise for an alternate member position on the Handicapped Seif- Evaluation Committee. I i q , ~ '-~ ~d APPLICATION __TO SERVE ON CITY ~0~- BUSINESS ADDRESS: BUSINESS TELEPHONE 8. DRIVERS LICENSE NUMBER: ~5--~0 --~/~3~'-O (use additional sheets if necessa~-y or submit resume if available) 10. Voter registrationno. 11. Are you a resident of the City? 12. Length of Residency 13. Do you hold a public office? 14. Do you serve on a City_ Board at present? Yes /No Yes No Yes No 15. PLEASE CHECK THE BO$RD($) YOU ARE INTERESTED IN SERVINC ~N', (Please number in order o~'Preference withfirst choice being "1") .. -. ,.....,- *BOARD OF ADJUSTMENT *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING / IC_ PED C0 ITTZZ 16, What qualifications do you have to serve on this board? 17. What reasons do you have for wishing to serve cn an advisory 18. Have ~u ever been convicted of any felony or any misde~ano/~/involving moral turpitude in this or any state? 19.:5..~o61d you consider serving on another Board other than the one(s) you selected above? Yes No A/ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office an~ municipal board member for malfeasance, misfeasance, neglected du~y, habitual drunkenness, incompetence, or permanent inability to perform his official duties." 'Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authOriZe 'the 'Sebastian police Department to run an active warrant check on me. Applicant Signature Subscribed and~ sworn to _before me this /~ day of ~, , .19~_~, by /~~ ~.~JX//~/~ , W.h0 iS personally known to me or has produced ~S~/~//~ /~*J~J as identification. (SEAL) Notary Public, State of Florida Name of Notary (Printed or T!~ped) ~ws-form~app!ication I I I I I I I i I i I I I I I I I NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF2/1/98 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH HANDICAPPED SELF EVALUATION COMMITTEE MEETS ON AN "AS NEEDED" BASIS EDRA S. YOUNG 1151 CEEARMONT STt%EET SEBASTIAN, FLORIDA 32958 (-561) $89-S387 (-em~enfly in 2nd term and 5th year) A~POt~q-~ED: 6/93 TEt'O~T&E,'~ tRE. 6/96 REAPPOt2qTED REG. MEMBER -POStTIOt~. 6/96 TERM-TO-EXPIRE: 6/99 HARRY DISALVIO, Jk 641 BRADDOCK STREET SEBASTIAN, FLORIDA 32955 (561) 58%3886 (561) 770-5416 APPOINTED: 6/93 TERM TO EXPIRE: 6/95 REAPPOINTED REGULAR TERM: 7/95 TERM TO EXPIRE: 6/98 (currently in 2nd term and 5th year) CATHERINE H. ACKERMAN 1118 LANDSDOWNE DRIVE SEBASTIAN, FLORIDA (561) 589-I 193 OR 589-7829 APPOINTED TO IST ALTERNATE UNEXP. TERM OF G.SCHUM: 3/22/95 TERM TO EXPIRE: 8/96 REAPPOINTED TO ALTERNATE MEMBER POSITION: TERM TO EXPIRE: APPOINTED TO UNEXPIRED REGULAR MEMBER POSITION VACATED BY GEORGE SCHUM: 7/21/97 TERM TO EXPIRE: 6/99 9/1i/96 - 8/99 (alternate terms and years not counted) (No full term - 1st Regular Member Year) HERBERT ALBRECHT 410 AZINE TERRACE SEBASTIAN, FLORIDA 32958 589-1202 APPOINTED UNEXPIRED REGULAR MEMBER POSITION VACATED BY JOHN KANFOUSH: 9/25/97 TERM TO EXPIRE: 6/99 (NO FULL TERM - 1ST REGULAR MEMBER YEAR) 80 KEITH D. MILLER 961 RIVIERA AVENUE SEBASTIAN, FLORIDA 32958 388-9004 APPOINTED UNEXPIRED REGULAR MEMBER POSITION VACATED BY PHILLIP FOSTER: 9/25/97 TERM TO EXPIRE: 6/98 (NO FULL TERM - 1ST REGULAR MEMBER YEAR) ROBERT BROWNING 649 BAYFRONT TERRACE SEBASTIAN, FLORIDA 32958 388-2321 APPOINTED UNEXPIRED ALTERNATE MEMBER POSITION VACATED BY CATHERINE ACKERMAN: 9/25/97 TERM TO EXPIRE: 8/99 (ALTERNATE YEARS AND TERMS NOT COUNTED) 81 Subject: Status restrictions along River Drive. City of Sebastian, Florida report on parking Agenda No. the west side of Indian Department Origin: City Manager Approved for Submittal by: City Manager Date Submitted: February 20, 1998 ~~c4~k 6t~) · ~. For Agenda of: February 25, 1998 Exhibits: · Resolution NO. R-97-68 · Proposed Resolution No. R-97-66 · Proposed Resolution No. R-97-69 EXPENDITURE REQUIRED: [AMOUNT BUDGETED: $0 [$0 APPROPRIATION REQUIRED: $0 SUMMARY STATEMENT On December 3rd, 1997, the Council adopted Resolution NO. R-97-68 which restricted parking along the west side of the fight-of-way for Indian River Drive. The resolution as adopted excluded the property currently occupied by the Taste of Philly. That exclusion was based on the concerns expressed by the business owners. Council directed the City Manager to review the status of the parking and right-of-way issues associated with the Taste of Philly and bring back recommendations. A review shows that there is no other off-street parking on site. The current spaces do project out into the right-of-way but do not project into the actual paved roadway. Based on the fact that the City had permitted occupancy of the premises under these conditions, it would be appropriate to allow the exclusion to remain. Two other issues did come to light. The first is the immediate neighbor next to the Taste of Philly, G J's Country Saloon. The business has parking spaces located similar to that of the Taste of Philly along Indian River Drive. George Izzo, the owner of the business, questioned why the Taste of Philly could be excluded and not his business. Since their immediately adjacent to each other the exclusion of G J's would appear logical. To accommodate this property., Resolution NO. R-97-68 would have to be amended to exclude the subject property, as was done for the Tastes of Philly. The second issue revolves around a loading and unloading area on the west side of Indian River Drive across from Flood Tide. The loading and unloading is necessary ~br the wholesale fish business that operates at Flood Tide. A solution would be to amend Resolution NO. R-97-68 by excluding any area designated by the City. as a loading or unloading zone. If that action were to taken, a properly designated area could be delineated and marked with appropriate signs. Finally, two proposed resolutions are delayed for further information. Proposed Resolution NO. R-97-66 would have restricted parking in the Sebastian Yacht Club parking lot. With the new alignment of additional car parking, I see no further need for considering the proposed resolution. Proposed Resolution NO. R-97-69 would have placed time restrictions on parking along the waterfront of Riverview Park. In light of the proposed redesign for both the parking and Indian River Drive between Fellsmere Road and Coolidge, there is no further need at this time to consider that proposed resolution. RECOMMENDED ACTION Retain exclusion of Taste of Philly in Resolution NO. 97-68 and, if the Council wants to provide exclusion for G J's Country Saloon and F~od Tide loading zone, direct the City Manager to prepare an~ amendment to Resolution NO. R-97-68. Acknowledge no further intent to consider proposed Resolutions No.s R-97-66 and R-97-69. I '1 I I I I I i I I I I I I I I I I I I I I RESOLUTION NO. R-97-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAn, INDIAN RIVER COUNTY, FLORIDA, ESTABLISITING 'NO PARICI~G' (OR RESTRICTED PARKING) AREAS PURSUA_NT TO 0-97-55; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABIIITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 0-97-55 authorizes the City Council, by resolution, to establish "no parking" (or "restricted parking") zones within the City of Sebastian; and Wi~REAS, the City Council finds that it is the best interest of its citizens to establish certain specific "no parking" (or "restricted parking") zones withinL the City of Sebastian, as provided herein, in furtherance of the public health, safety and welfare. NOW, TBXREFORE, BE 1T RESOLVED BY the City Council of the City of Sebastian, Florida, as follows: Section 1: The City Council hereby establishes "no parking" (or "restricted parking") zones on the west side of Indian River Drive with the exclusion of the property occupied by Taste of Philly. As provided in the City of Sebastian Code of Ordinances, it shall be unlawful for any person to park, store or leave any motor vehicle in the designated "no parking" zone. Section 2: The City Manager is hereby authorized to take the appropriate steps, including the placement of appropriate signage, to can-y out the directives set forth herein. Section 3: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other semion or part ora section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part ora section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 4: This Resolution shall prevail over all other Resolutions which are in conflict with this Resolution. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section 5: This Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. T~,or~o~,~o,.,,o.w~ ~o~ea~o..ao~,~on,yCo~n~,'m~m~r The motion was seconded by Councilmember '/"~ and, upon being put into a vote, the vote was as follows: Mayor Walter W. Barnes Vice-Mayor Richard J'. Taracka Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan I I I I I I I I I I I I I I I I I I I i I I i I I I I i I I The Mayor thereupon declared this Resolution duly passed and adopted this ~,~r~J-&t. , 1997. CITY OF SEBASTIAN, FLORIDA By: , A'Iq'EST: ' . Walter W. Barnes, Mayor (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney day of RESOLUTION NO. R-97-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING 'NO PARKING' (OR RESTRICTED PARKING) AREAS PURSUANT TO 0-97- 55; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 0-97-55 authorizes resolution, to establish "no parking" zones within the City of Sebastian; and the City Council, by (or "restricted parking") WHEREAS, the City Council finds that it is the best interest of its citizens to establish certain specific "no parking" (or "restricted parking") zones within the city of Sebastian, as provided herein, in furtherance of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Sebastian, Florida, as follows: Section 1: The city Council hereby establishes "no parking" (or "restricted parking") zones within the boundaries of the City of Sebastian as illustrated in Exhibit "A", which is attached hereto and incorporated herein by this reference. As provided in the city of Sebastian Code of ordinances, it shall be unlawful for any person to park, store or leave any motor vehicle in the designated "no parking" zone. Section 2: The City Manager is hereby authorized to take the appropriate steps, including the placement of appropriate signage, to carry out the directives set forth herein. I I I I i i I I i I I I I I I I i I I I I I Section 3: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Sectio~ 4: This Resolution shall prevail over all other Resolutions which are in conflict with this Resolution. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section 6: This Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Resolution was moved for adoption by Co~:~:~<~:~~ member member vote was as follows: Mayor Walter W. Barnes Vice-Mayor Richard J. Taracka Council member Louise Cartwright Council member Larry Paul Council member Ruth Sullivan . The motion was seconded by Council and, upon being put into a vote~ the 2 · The Mayor thereupon declared this Resolution duly passed and adopted this day of _ , 1997. CITY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney I i I I I I I I i I I I i I I I EXHIB iT "A" PARKING RESTRICTIONS FOR THE SEBASTIAN YACHT CLUB LOCATED ON INDIAN RIVER DRIVE All parking spaces other than those sized for a singular vehicle shall be restricted for both a vehicle and an attached boat trailer only. Parking of a singular vehicle in such spaces is prohibited. Resolution No. R-97-66 RESOLUTION NO. R-97-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING 'NO PARKING' (OR RESTRICTED PARKING) AREAS PURSUANT TO 0-9?- 55; PROVIDING FOR REPEAL OP INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 0-97-55 authorizes resolution, to establish "no parking" zones within the City of Sebastian; and the City Council, by (or "restricted parking") WHEREAS, the city Council finds that it is the best interest of its citizens to establish certain specific "no parking" (or "restricted parking") zones within the City of Sebastian, as provided herein, in furtherance of the public health, safety and welfare. NOW, THEREFORE, BE IT. RESOLVED BY the City Council of the City of Sebastian, Florida, as follows: Section 1: The city Council hereby establishes "no parking" (or "restricted parking") zones within the boundaries of the City of Sebastian as illustrated in Exhibit "A", which is attached hereto and incorporated herein by this reference. As provided in the City of Sebastian Code of Ordinances, it shall be unlawful for any person to park, store or leave any motor vehicle in the designated "no parking" zone. Section 2: The City Manager is hereby authorized to take the appropriate steps, including the placement of appropriate signage, to carry out the directives set forth herein. Section 3: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 4: This Resolution shall prevail over all other Resolutions which are in conflict with this Resolution. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section 6: This Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Resolution was moved for adoption by Council member member vote was as follows: Mayor Walter W. Barnes Vice-Mayor Richard J. Taracka Council member Louise Cartwright Council member Larry Paul Council member Ruth Sullivan . The motion was seconded by Council and, upon being put into a vote, the The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1997. CITY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerfe F. Settles City Attorney EXHIBIT "A" RESTRICTED PARKING FOR UNATTENDED VEHICLES EAST OF iNDIAN RIVER DRIVE AND WEST OF THE INDIAN RIVER LAGOON LOCATED BETWEEN FELLSMERE ROAD AND COLLIDGE STREET, SEBASTIAN, FLORIDA No unattended vehicle east of Indian River Drive lying between Fellsmere Road and Coolidge Streets shall be parked for a period longer than thirty (30) minutes. Resolution No. R-97-69 I I I I I I I I I i I i I I I I I I I Subject: First Reading of O-98-07, Stationary Mulching Machines Approved for Submittal by: City of Sebastian, Florida Agenda No. ~)~.~0~ Department Origin: Community Development Date Submitted · February 19, 1998 Exhibits: O-98-07 EXPENDITURE AMOUNT BUDGETED: REQUIRED: None None For Agenda of: February 25, 1998 APPROPRIATION REQUIRED: None As directed by the City Council, amendments: 1. 2. SUMMARY proposed ordinance 0-98-07 has been revised with the following The commercial mulching machine shall be at least 250 feet from all property lines A protective barrier, designed and sealed by a professional engineer registered in the State of Florida, shall be constructed around the commercial mulching machine ~:~ prevent any materials ejected from the commercial mulching machine from leaving th,~: site.. The site where the commercial mulching machine shall not be accessed from a residential local street. RECO~v~EENDED ACTION Hold first reading of 0-98-07 and schedule second reading and public hearing for March 11, 1998, 1 2 3 4 6 7 9 IO 11 12 13 14 27 02/19/98 DRAFT ORDINANCE NO. 0.-98-07 AN ORDINANCE OF THE CTrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ~ LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR ~ REGULATION OF COMMERC/AL MULCHING MACHINES AS A SPECIAL USE PERMIT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Wlt-EREAS, the City Council of the City of Sebastian, Florida, desires to amend the 15 Land Development Code to establish criteria for the regulation of commercial mulching 16 machines; and 17 WHEREAS, the City Council of the City of Sebastian, Horida, believes that it is in the 18 best interests of the health, safety, and general welfare of the community to do so, 19 NOW TI:IE~FO~, BE IT ORDAINED BY THE CiTY COUNCIL OF THE 20 CITY OF SEBASTIAN, FLORIDA, TItAT: 21 Section 1. Article V. of the Land Development Code, City of Sebastian, Florida is 22 hereby mended by adding a section, to be numbered 20A-5.47, which section shall read as 23 follows: 24 Section 20A-5.47. Commercial mulching machines. Commercial mulching machines may 25 be operated only as a special use permit by the City Council. 26 A. Conditions. The following conditions shall be satisfied for the issuance of a special use permit for a commercial mulching machine: 4 10 11 12 13 14 15 16 17 18 19 2O 02/19/98 DRAFT 1. The commercial mulching machine shall be located on a site in an industrial zoning district. 2. The site shall be a minimum often acres in size. 3. The commercial mulching machine shall be in a stationary location. 4. The commercial mulching machine shall be at least 250 feet fi.om all property lines 5. A protective barrier, designed and sealed by a professional engineer registered in the State of Florida, shall be constructed ~ the ~_e,~,,~-'zzvc~2_~-'!~.-aa_~ to prevent any materials ejected from the commercial mulching machine from leaving the site.. 6. The site where the commercial mulching machine shall not be accessed from a residential local street. Section 2. A new subsection of Section 20A-12.2. of the Land Development Code, City of Sebastian, Florida is hereby created to read as follows: Sec. 20A-12.2. Defirfitions of Terms. ***** Commercial mulching machine. A machine which can be transported to a site and erected for the purpose of chopping vegetative material into mulch. Typically, such a machine is fed vegetation into the chipper via a hopper on the top of the machine by a front end loader. The vegetation is chopped by disc cutters and the mulch is expelled via a 02/19/98 DRAFT 1 discharge chute. This definition does not include a chipping machine, with drum or disc 2 cutters, which is typically pulled behind a truck, or moved by hand and the vegetation is 3 fed by hand. 4 ***** 5 Section 3. CODntICATION. It is the intention of the City Council of the City 6 of Sebastian, Florida, that the provisions of this Ordinance shall become and be made part of 7 the Land Development Code of the City of Sebastian, Florida, and that the sections of this 8 Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to 9 "Section", "Article", or other such word or phrase in order to accomplish such intention. 10 Section 4. SEVERABILrrY. If any section or part of a section of this 11 Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other 12 section or part ora section of this Ordinance shall not thereby be affected or impaired unless it 13 clearly appears that such other section or part of a section of this Ordinance is wholly or 14 necessarily dependent upon the section or part of a section so held to be invalid or 15 unconstitutional.. 16 Section 5. CONFLICT, This Ordinance shall prevail over all other Ordinances 17 which are in conflict with this Ordinance. If any clause, section, or part or other application of 18 this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or 19 invalid, such unconstitutional or invalid part or application shall be considered as eliminated and 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02/19/98 DRAFT in no way affecting the validity of the remaining portions or applications remaining in full force and effect Section 6. EFFECTIVE DATE. This Ordinance shall go into eff~: immediately upon its passage and adoption and authentication by the signature of the presiding officer and Clerk of 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 Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise 1L Canwri~t Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1998. CITY OF SEBASTIAN, FLORDA By: Walter W. Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) 02/19/98 DRAFT Approved as to Form and Content: Valerie Settles City Attorney i I i i I i I I I I i i I I I I City of Sebastian, Florida Subject: First reading and public hearing of 0-98-04, Shared Parking (Revised) Approved for Submittal by: City Manager Exhibits: None EXPENDITUKE REQUIRED: None Agenda No. Department Origin: Community Development tim) Date Submitted: February 19, 1998 For A~enda of: February 25, 1998 AMOUNT BUDGETED: None IAPPROPRIATION REQUIRED: None SUMMARY As directed by the City Council, Ordinance 0-98-04 has been amended to reduce the location of off'- site parking from 500 feet to 300 feet and the word "highest" prior to "cumulative" was removed. Due to a more restrictive provision for maximum distance for off-site parking, it was decided that the reading and public hearing needed to be noticed as a "first" hearing and reading. RECOMMENDATION It is recommended that the City Council conduct the first reading on Ordinance O-98-04 and .,;eI :, second reading and public hearing no earlier than March 11, 1998. 02/19/98 DRAFT 4 5 6 7 8 9 10 11 12 13 ORDINANCE NO. 0-98-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-8.3. OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WEI]EREAS, the City Council of the City of Sebastian, Florida, desires to amend the 14 Land Development Code to establish criteria for shared parking; and 15 WltEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the 16 best interests of the health, safety, and general welfare of the community to do so, 17 NOW TItEREFORE, BE 1T ORDAINED BY TI313E CITY COUNCIL OF THE 18 CITY OF SEBASTIAN, FLORIDA, THAT: : 19 Section 1. Section 20A-8.3. of the Land Development Code, City of Sebastian, 20 21 22 23 24 25 26 27 28 29 30 31 32 Florida is hereby amended to read as follows: Sec. 20A - 8.3. Computation of parking spaces. In computing the number of required parking govern: 1. spaces the following rules shall Floor area calculation. Floor area means the gross floor area of a particular use. Interpretation of computation with fractions. Where fractional spaces result, the number of spaces required shall be construed to be the nero whole number. I I I I I I I I i I i i I I I I I 02/19/98 DRAFT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Requirements for uses not identified. The parking requirement for any use not specified shall be the same as that required for a use of a similar nature as recognized herein; or where not recognized herein, shall be based on criteria published by the American Planning Association or similarly recognized standards of t!qeir profession and such standard shall be approved by the planning and zoning commission. Requirements for mixed uses. In the case of mixed uses the parking spaces shall be equal to the sum of the several uses computed separately. Applicability of standard$ to expanding uses. Whenever a building or use is enlarged in floor area, number of dwelling units, seating capacity or in any other manner so as to create a need for a greater number of parking spaces than that existing, such spaces shall be provided in accordance with this section. Any parking deficiency shall be brought into conformity concurrently with the enlargement or change of use. 6. Location of off-street parking spaces. Except as otherwise prescribed for dwelling units, off-street parking spaces required by this section shall be located on or adjacent to the lot on which.the main building or use is located. For buildings or uses located in a commercial district, parking spaces may be located on another site, provided such site is not more than three fi~e hundred (300 500) feet from the building or use. Such parking space will be within a commercially zoned district. Parking sites located across public ~/'.~ streets may require safeguards as determined by the planning an49~, ~J~.~v~ .'~ zoning commission. ~ ~ ~ .frw~, ¢'~;"~ X~' Sharedparkmg. Where two or mo/r4uses are located on different r,~C,x ~er~ ownershit%, the parkin~ requirement; may be ~ x~ complied with by providin~ a permanent, common p_arking_f_a~cj.1..i.t.y \. subject to the following conditions: The parking provided shall be determined bv the use with the highest parking requirement or the ~ cumulative total for the uses. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 02/19/98 DRAFT The parking requirements shall b.e identified by use on all site plans of the inv. olved parcels. When there is a change of use or a new use is added to any parcel, the parking requirements for all parcels shall be identified by use and shall be approved by the Planni.'ng and Zoning Commission. Previously approved shared parking does not vest a property owner with any rights when there is a new use. The prot/erty owner of any involved parcel shall notify the Community Development Department of any L'~', The owner~rof each parcel shall enter into a written perpetual agreement.. Such an agreement shall be approved by the City Attorney: Additional documents, covenants, deed restfictions~ or other agreements may be required by the City Attorney. Any termination of or amendments to such agreement shall be subject to the approval of the City. Such agreement shill be recorded by_the t!roperty owners and a copy of the recorded document provided to the City prior to the issuance of a certificate of occupancy. The City Attorney shall review, such agreements if there are any changes in use. If, in the opinion of the City Attorney, a new agreement is required, the property o ~wners shall enter into such agreement and record the agreement. In the case of a new use, a copy of the recorded agreement shall be .provided to. the City prior to the issuance of a occupational license. The parcels involved shall be not be more than hundred feet apart, measured from the nearest points of each parcel, and s, hall not have a state or county, arterial road or railroad separatin~ the parcels. A single parking ~ea may be used to service more than one estabtishmem if the ne_-'ma! hou~s~ofcpemfion-of-the-est-abJ, ishmems I i i I I I i I i I I I I I I i i 02/19/98 DRAFT I 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 do-not overlap. If a single par4dng area is ~o use& additional par'king may-be required av a-condition of continued-occupancy at any time thc-hours of-operation of the egtabtishments are altered to vav,4ufi~g-a~y-eeae'an:ent-l~'~4ed. ~qy--joim-~ e-e f~p ay -kfng-s pac-es on a p~orated l~asis must- have a documem-ofjoint use signe&.b3; parties concerned and approved as binding by the city attorney. Section 2. COD[Iq[CATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or other such word or phrase in order to accomplish such intention. Section 3. SEVERABILITY. If any section or pan of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or pan of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or pan of a section of this Ordinance is wholly or necessarily dependent upon the section or pan of a section so held to be invalid or unconstitutional.. Section 4. CONFLICT. This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section, or pan or other application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid pan or application shall be considered as eliminated and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 02/19/98 DRAFT I in no way affecting the validity of the remaining portions or applications remaining in full force and effect. I ! SectionS. EFFEC~ DATE. This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and Clerk of the City Council. I I 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: i ! Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise K Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this I .I __ day of i ,1998. CITY OF SEBASTIAN, FLORIDA By: I ! Walter W. Barnes, Mayor i ATTEST: I Kathryn M. O~alloran, CMC/AAE I (Seal) 02/19/98 DRAFT Approved as to Form and Contem: Valerie Settles City Attorney City of Sebastian, Florida Subject: Cooperative Agreement for Sembler's Riverwalk Marina Approved for Submittal by: Exhibits: Agreement EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None Agenda No. <5~ ~- 0,5'- / Department Origin: Commu~lopment(RjM) Date Submitted: February 19, 1998 For Agenda of: February 25, 1998 APPROPRIATION REQUIRED: None SUMMARY The Planning and Zoning Commission approved the floor plans and elevations for Sembler's Raw Bar at 1660 Indian River Drive on May 1, 1997. One of the conditions of approval was the requirement that no further applications for development permits, as defined in Chapter 163 Florida Statues, will be submitted until the applicant enters into an agreement with the City which includes, but is not limited to, a reasonable deadline for commencement of physical development, phasing requirements, development permit deadlines, schedules for construction, a build-out date, and provisions. After that meeting, the City Attorney and I met with the representatives of the applicant to discuss such an agreement. The parties agreed to the need for such an agreement. The applicant requested that the requirement be removed from the approval of the site plan since that would delay the issuance of a building permit. The City Attorney and I recommended to the Planning and Zoning Commission that the requirement be removed at the June 5, 1997 meeting, which they did. Since that time a series of draft a~eements have been sent back and forth between the parties and the attorneys. Attached is a copy of the agreement which has been developed. The agreement spells out what improvements have been approved in the past. The agreement also provides for specific time schedules for the implementation of each phase. This is intended to give the city some assurance that the work proposed will be completed on a timely basis. The project is phased with the improvements to be completed on the fotlo,Mng schedule: Phase 1 Phase 2A Phase 2B 2,000 sq. ft. raw bar. Certificate of Occupation by 3/31/98 docks and refueling facility or 200 seat restaurant Within 365 days of the Certificate of Occupancy for Phase 1 or by August, 1999, whichever is later. (The owner will chose which phase to proceed with construction. Within six months of the completion of the elected phase, the owner shall apply for building permits of the other phase. Phase 3 2 story, 16,000 sq. ft. retail commercial/professional office building or a 30 room hotel or combination thereof. Within 365 days of the issuance of the Certificate of Occupancy for Phases 2A and 2B, site will be cleared and maintained. All building permits for Phase 3 shall be made by June 3, 2006 and request 'a Certificate of Occupancy by December 31, 2007. I to Pqo~-r"14~ ~ This agreement ends the open ended situation which the city now faces with the current site plan.. RECOMMENDED ACTION Approve the Cooperative Agreement for Sembler's Riverwalk Marina and authorize the City Manager to sign the agreement. I I RECOMMENDED ACTION Approve the Cooperative Agreement for Scmbler's Riverwalk Marina and authorize the City Manager to sign the agreement. THIS AGREEMENT PREPARED BY: Paul R. Gougelman, III Maguire, Voorhis, & Wells, P.A. 1499 S. Harbor City Blvd. Melbourne, Florida 32901 THIS AGREEMENT RETURN TO: Kay O'Halloran, City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 COOPERATION AGREEMENT FOR SEMBLER'S RIVERWALK MARINA THIS AGREEMENT is made this day of February, 1998, by Sembler Marina Partners, Ltd., a Florida Limited Partnership (hereinafter: the "Owner"), whose address is 490 North Harbor City Blvd., Melbourne, Florida 32901; and the City of Sebastian, a Florida Municipal corporation (hereinafter: the "City"), whose address is 1225 Main Street, Sebastian, Florida 32958. RECITALS: WHEREAS, the Sebastian City Council has considered this Agreement at a public meeting and finds this Agreement to be consistent with the Sebastian Comprehensive Plan and Land Development Regulations; WHEREAS, it is the intent of the Owner of the Properties to develop the Properties based on the terms of this Agreement; WHEREAS, the purpose of this Agreement is for the City and t~i.~i~ Owner to cooperate in the phasing of the Development of 'tl~,. Properties; WHEREAS, the City Council finds that this Agreement will brin~ certainty as to the timing and manner of Development of the Properties; WHEREAS, the City Council finds that this Agreement will promote the public health, safety, welfare, aesthetics, and economic order of both the community and the region; and WHEREAS, the Owner warrants and guarantees unto the City that all Owners of the Properties have joined in and consented to this instrument. NOW, THEREFORE, in consideration of Ten and 00/100 DOLLARS ($10.00) and certain other good and diverse considerations, each to the other paid in hand, the sufficiency and receipt all of which be Sebastian/Coop. Agt 1 1/30/98 and the same is hereby acknowledged, the parties desiring to be legally bound hereby agree as follows: ARTICLE I RECITALS; PROPERTIES SUBJECT TO THIS AGREEMENT; EXHIBITS Section 1. Recitals; ProDerties Subject to Aqreement. The Properties and the Additional Property, shall be held, transferred, sold, conveyed and occupied subject to this Agreement. Each and all of the foregoing recitals is hereby declared to be true and correct and is incorporated herein. Section 2. ~xhibits. The following documents are referred to in this Agreement, attached hereto, and are by this reference incorporated herein: Exhibit "A" - Legal Description of the Properties; Exhibit "B" - Location Drawing; Exhibit "C" - Legal Description of the Additional Property; and Exhibit "D" - Reserved. The following documents supplement this Agreement and are made a part hereof by this reference, shall be read together with this Agreement, have been initialled by the parties, are deemed by the parties to be substantially acceptable for use in the Development of the Properties, and are on file in the Office of the City Clerk but shall not be recorded in the Public Records of Indian River County, Florida, with this Agreement: Exhibit '!E" - Copy of Approved Site Plan consisting of three pages (Drawing C - Pages lB, 2, and 3) prepared by MAI Architects and Engineers of Melbourne, Florida, Project No. 564.02, dated April 11, 1997 (Page 2 has a preparation date of 7/5/90 with a final date of revision of May, 1997); Exhibit "F" - Excerpt from Comprehensive Plan; and Exhibit "G" - Excerpt from Land Development Regulations; and Exhibit "H" - Conditions of Approval for Sembler's Raw Bar, as set forth in the Community Development Director's memorandum to the Planning and Zoning Commission (but excluding conditions 6 and 10). ARTICLE II DEFINITIONS In this Agreement, unless the context otherwise requires, the terms set forth' below are defined as follows: (a) "Additional Property" means and refers to the real property adjacent to the Properties and described in Exhibit "C,''~ consisting of approximately 2.47 +/- acres. (b) "Agreement" means and refers to this Cooperation Agreement for Sembler's Riverwalk Marina, as recorded in the Public Records of Indian River County, Florida, and as the same may be amended from time to time. (c) "Development" shall be defined as set forth in Section 380.04, Florida Statutes (1997). I I i I I i I I I I I I I I I I Sebastian/Coop .Agt (d) ,,Development Permit" shall be defined as set forth in Section 163.3164(8), Florida Statutes (1997)~. (e) "Effective Date" shall be defined as the date that the initial Agreement was approved by the Sebastian City Council. (f) "Land Development Regulations" shall be defined as set forth in Section 163.3164(23), Florida Statutes (1997). (g) "Project" means and refers to the Development depicted upon the approved site plan referenced as Exhibit "E." (h) "Properties" means and refers to all such exzsting ~eal property as described in Exhibit "A." (i) ,,Owner" means and refers to Sembler Marina" Partners, Ltd., a Florida Limited Partnership, and its successors and assigns, of Development rights and obligations hereunder. A mortgagee of any portion of the Properties or the Additional Property, shall not be deemed to be the Owner by the mere act of mortgage. (j) "Plat" shall be defined as set forth in Section 177.031(14), Florida Statutes (1997). (k) "Supplemental Documents" means and refers to Exhibit "E" through "G", as identified in Article I, Section 2. of this Agreement. (1) "Utility" includes but is not limited to gas, water, sewer, telephone, power, stormwater drainage, and cable television. ARTICLE III DEVELOPMENT OF THE PROPERTIES Section 1. Development Plan. The Development plan for th~ Properties is set forth on the approved site plan for the Projec as Exhibit "E," a copy of which is attached hereto and by thi~ reference made a part hereof. All Development on the Properties shall be generally and substantially consistent with Exhibit "E." From time to time, the City Manager is authorized, at the request of the Owner, to issue for reliance purposes letters of determination that a particular portion of Development of the Project or on the Properties or the Additional Property is "substantially consistent" with the approved site plan and. this Agreement. An action which is "substantially consistent" with this Agreement includes: a) a change in the layout of less than 25% of the parking spaces; b) Development of a curb cut from any public right-of-way, which development does not include the addition or deletion of a curb cut from any public right-of-way as depicted cn the Project Plan; c) Development of use of the Properties, as described on the Exhibit "E" site plan or in this Agreement; d) the Sebastian/Coop. Agt increase in a building footprint (on the ground) by less than 10% of the total gross floor area of the building; or e) a decrease by less than 10% of the open space on site. The existence of a "substantial consistency" is determined by the City Manager, or his designee, subject to a right of appeal by the Owner to the City Council. In the event that other than a substantial consistency is found to exist based on a change of Development plan in a particular phase of the Project (as defined in Article III, Section 4., of this Agreement), site plan review shall occur only with regard to the phase in which the plan change is being made. Denial of a plan amendment by either the City Council or Planning and Zoning Commission, shall not otherwise affect the vested status of the Project site plan; provided, that the Owner otherwise pursUes Development according to the terms of the approved site plan, as amended from time to time. Section 2. The ProDerties. I I I I I I (a) Uses. The Properties are comprehensively planned as Maine Waterfront Commercial, and with no designation on the water, in the City's Comprehensive Plan. The Properties west of Indian River Drive are zoned General Marine Commercial-GMC, according to the City's Land Development Regulations. Within this comprehensive planning and zoning district the uses permitted in this category are set forth on Exhibits "F" and "G." Specifically permitted and approved uses within this area, which uses are approved for the purpose of this Agreement, include restaurants, retail commercial~ boat storage, boat sales and service, office buildings, boat docks, gas dock facilities, parking areas, and hotel/motel. (b) The maximum height for all structures shall be: (1) East of Indian River Drive, 25 feet which height shall be measured from the top of the slab for the structures built over the water, said slab being marked "Future Permitted 200 Seat Restaurant (D.E.R. Permit #DF31-113589-4 Dated 7/25/86 Pursuant to Section 403.813, Florida Statutes)" on the approved site plan attached as Exhibit "E;" (2) East of Indian River Drive, not less than 25 feet which height shall be measured from the flood elevation as set by the Federal Emergency Management Administration (FEMA); and (3) West of Indian River Drive, 35 feet which height shall be measured from the flood elevation as set by the Federal Emergency Management Administration (FEMA). The minimum yard/building setback requirements and size of structure shall be as provided in Exhibit I I I I I I I I Section 3. The Additional Property. (a) Uses. The Owner reserves the right to add the Additional Property to the Project plan of Development. Said Additional Property is not required by the City, or the City's Comprehensive Plan or Land Development Regulations to be added to the Development Project plan. The Additional Property is Sebastian/Coop. 4 1/30/9S I I I I comprehensively planned as Maine Waterfront Commercial in the City's Comprehensive Plan. The Additional Property is zoned General Marine Commercial~GMC, according to the City's Land Development Regulations. Within this comprehensive planning and zoning district the uses permitted in this category are set forth on Exhibits "F" and "G." Any plans for Development of the Additional Property shall be subject to site plan approval by the City of Sebastian Planning and Zoning Commission. If the Additional Property is added to the Project for the principal purpose of parking, addition of the Additional Property to the Project and Project approved site plan Exhibit "E" shall not d~vest the Project and The Properties of rights esta]' !',~. Agreement. Further, any review of the site plan fez ~l~.~ ~.~:,,.~.~ Property shall be based only upon the Land Development Regulations in effect on the date that the Additional Property site plan is submitted. (b) The maximum'height for all structures shall be: (1) East of Indian River Drive, 25 feet which height shall be measurec from the top of the slab for the structures built over the wat'ez~ said slab being marked "Future Permitted 200 Seat Restaurant (D.E.R. Permit #DF31-113589-4 Dated 7/25/86 Pursuant to ~!!~ect.~on 403.813, Florida Statutes)" on the approved site plan attached as Exhibit "E;" (2) East of Indian River Drive, 25 feet which he~.~.ght shall be measured from the flood elevation as ~.'.~t by' i~be Emergency Management Administration (FEMA); and (3) We~.~'i o~[ River Drive, 35 feet which height shall be measu~'ed fyo~i ~'.!~ elevation as set by the Federal Emergency Manageme:c~t .~,~'~,, ~..'i ~.~ rat i (FEMA) . The minimum yard/building setback requ:[',.~ ~"r~<~:~.~.t.~ ~ L~),~ i.~ j structure shall be as provided in Exhibit "G. '~ Section 4. Phasing of Development. The Oe'velopmei~.,t Properties shall be substantially consistent w~tb schedule: (a) Phase 1. (1) Phase 1 shall consist of ,::~" :~:li'u~:~:e f','.~i raw bar restaurant plus outdoor seating, appro~:~.. ,t~:.i'~ dock from the shore, renovation/construction of dock running from the north dock to the south d~:c:.i,., .:". , ~ :~.~ fuel dispensers, completion of 34 parking space:~, area. The Owner shall construct Phase 1 requirements of Exhibit "H," excluding conditior~ '~. Condition 6, the Owner may supply the City w~th ~ c~py .... ~f the Department of Environmental Protection drainage permit. (2) Within nine (9) months of the Effective Date of this Agreement, the Owner shall commence physics] Developn'~ent of Phase I of the Project. The Owner shall request a~ ~Itif/c.5te of occupancy by no later than ~ 31, 1998. Sebastian/Coop .Agt 5 ~1~0/98 (b) Phase 2-A/Phase 2-B. Phase 2-A and Phase 2-B are separate phases, either of which may be pursued in the alternative or simultaneously, by the Owner following substantial physical completion of Phase I. Within 365 days of the issuance of a certificate of occupancy by the City for the Phase 1 improvements, or by August, 1999, whichever event shall occur later in time, the Owner shall elect whether Phase 2-A or Phase 2-B shall be commenced. An election shall be made by the Owner informing the City Community Development Director in writing of its choice to commence Phase 2-A or Phase 2-B. Within six (6) months of making an election, the Owner shall submit building permit applications for either the Phase 2-A or Phase 2-B improvements. (1) Phase 2-A. (A) Phase 2-A shall consist of completion of all docks and installation of a T-shaped dock for refueling of boats. (B) Within 270 days of the issuance of all building permits by the City for the construction of all phase 2-A improvements, the Owner shall substantially complete construction of the Phase 2-A improvements and request a certificate of occupancy for said improvements. (2) Phase 2-B. (A) Phase 2-B shall consist of completion of 200 seat restaurant as noted on the approved site plan, demolition of most structures on the Properties west of Indian River Drive, and at the option of the Owner, possible addition of the Additional Property to the Project plan or an increase in restaurant seating, said proposed increase in seating to be subject to the regulations of the City in effect at the time of proposed increase. (B) Within fifteen (15) months (one month=30 days) of the issuance of all building permits by the City for the construction of all phase 2-B improvements, the Owner shall substantially complete construction of the Phase 2-B improvements and request a certificate of occupancy for said improvements. Phase 2-B building construction shall commence within six (6) months of the issuance of all building permits for Phase 2-B. (3) Within six (6) months of completion of the elected phase (either Phase 2-A or Phase 2-B), the Owner/DeVeloper shall apply for building permits on the non-elected phase. (c) Phase 3. (1) Phase 3 shall consist of a 2-story 16,000 square foot retail commercial/professional office building; cr alternatively, a motel with up to 30 rooms; or alternatively, a Sebastian/Coop I i I I i i I I i mixed use retail commercial/office building and motel rooms, and at the option of the Owner/Developer, the Additional Property, or other parcel, with parking. (2) Within 365 days after the issuance of a final certificate of occupancy for each and all of the structures within Phases 2-A and 2-B, Phase 3 shall be substantially cleared and until Development, maintained in a condition generally clear of brush overgrowth, debris and junk. All building permits for Phase 3 Development, as depicted on the official site plan in Exhibit "E," shall be made by June 3, 2006, or else Phase 3 shall be divested of any rights established by this Agreement. By no lat~. than December 31, 2007, the Owner shall substantially complete construction of the Phase 3 improvements and request a certificate of occupancy for said improvements. (d) The dates in this Section 2. may be administratively varied by the City Manager for good cause shown by the Owner. "Good cause" includes but is not limited to strikes, financial institution financing problems, severe or inclement weather, or delays in processing of building permits or other Development Permits by the City or any other governmental agency. These dates shall be administratively varied by the City Manager, or his designee, but only for delays in processing of building permits or other Development Permits by the City, or if additional Development Permits not otherwise identified herein are needed. The variance of the dates shall be correspondingly equal to or greater than the time of processing of building permits or other Development Permits by the City. (e) The City shall not require the Owner to Plat the Properties, including the Additional Property, to Develop this Project consistent with this Agreement. Section 3. Reservations or Dedications of Land for Public Purposes. There are no reservations or dedications of land for public purposes required to Develop the Properties (including the Additional Property) consistent with this Agreement. Section 4. Vestinq. Appendix A, Sebastian City Code,in effect on the Effective Date hereof, and Exhibits "F" and "G" in the Supplemental Documents, shall govern Development of The Properties and the Additional Property. Unless waived by the Owner, the Owner shall be considered to have a vested righz to Develop The Properties and the Additional Property pursuant' to the foregoing ordinances during the term for this Agreement. Said vested right shall expire upon terminaZion of this Agreement. Further, to establish certainty in the Development process for both the Owner and the City staff, it is agreed that subsequently adopted City laws and policies shall not be applied to Development of a particular phase of the Properties, cr the Additional Property Sebastian/Coop. Agt 1/30/98 during the term of this Agreement; provided, that Development of a particular phase is consistent with this Agreement. Section 5. Concurrency. The City has reserved capacity in its concurrency management system for the Properties and the Additional Property adequate to meet Development impacts generated by Development permitted by this Agreement. During the term of this Agreement, Development Permits may be issued without further evaluation for the purposes of satisfying concurrency, as well as Sections 163.3177(10) (h), 163.3180, and 163.3202(2) (g), Florida Statues, and Chapter 9J-5, Florida Administrative Code. The reservation of capacity for concurrency management purposes provided herein shall not be construed to be an actual reservation of physical capacity by any regulatory agency, including the City, without the Owner satisfying all governmental requirements for application; payment of reservation, hook-up, impact, or other fees; and satisfying permitting requirements of other governmental agencies such as the State Department of Environmental Protection. Upon termination of this Agreement, any capacity reserved for concurrency management purposes or vesting pursuant to the City Code, or otherwise, for the Properties and the Additional Property which has not be reserved or vested pursuant to other Development approvals or concurrency determinations by the City or other governmental body for the Properties and the Additional Property shall expire. Before a Development Permit is issued which has not been reserved for concurrency management purposes or vested.when this Agreement expires, a concurrency managementsystem evaluation pursuant to the City Code, as amended form time to time, shall.be required. ARTICLE IV DEVELOPMENT PROGRAM Section 1. Construction of Infrastructure. (a) Stormwater Drainage and Treatment Facilities: The parties agree that the Owner shall comply with §20A-10.2(H), Land Development Code, City Code, relating to stormwater retention/ detention and drainage. Construction and Development of stormwater retention/detention and drainage improvements, as required by the City or the St. John's River Water Management District (or other state agencies having jurisdiction over stormwater management and discharge) shall be completed by the Owner. (b) Landscaping, Fencing, and Buffering: The City and the Owner agree that Chapters 20A-13 and 20A-14, Appendix A, City Code, shall provide the landscaping standards for the Properties and the Additional Property. (c) Building Codes: Ail construction related codes, as set forth in Sections 26-31 and 26-61, Land Development Code, City Code, as amended from time to time, shall be utilized for Sebas t lan/Coop. Agt 8 1/30/98 i I i I i I I construction of structures upon the Properties and the Additional Property. Construction related codes include roofing, building, mechanical, gas, swimming pools, electrical, plumbing, mechanical, and existing buildings. Section 2. Payment of Impact Fees, Special Assessment, and other Fees. This Agreement shall not exempt the Owner from payment of any tYPe, or vest the Owner in the payment of any amount, of special assessment, permit fee, or impact fee assessed by the City or the County. foregoing, City Notwithstanding the the acknowledges that the Owner has already paid reservation/impact fees for water and central wastewater treatment sea-vice. Consequently, the Owner is vested with gallons per day water capacity and gallons per day wastewater treatment capacity for use in the Project. The City agrees that this capacity is sufficient under the City's Comprehensive Plan and City Codes and regulations to service the Project set forth on the approved site plan. The Owner is further vested as to fee amount for connection to said water and central wastewater treatment service. Section 3. Permits to be Obtained. (a) The Properties. The following are the only additional City permits that must be obtained during the Development process to develop the Properties consistent with the approved site plan: Building Permits; Driveway Permit; Stormwater Permit; Land Clearing and Tree Permits pursuant to ~20A-14.10 to ~20A-14.15, Sebastian Land Development Code; Demolition Permit; Fence Permit; Street Operations Permit for Underground Utilities; and Sign Permit pursuant to ~20A-15.1 to §20A-15.8, Sebastian Land Development Code. No other permits shall be required by the City. (b) The Additional Property. The following are the only'City permits that must be obtained during the Development process to develop the Additional Property as parking: Site Plan pursuant to Article IIi, §3(a), of this Agreement; Driveway Permit; Stormwater Permit; Land Clearing'and Tree Permits pursuant to §20A-14.10 to §20A-14.15, Sebastian Land Development Code; Demolition Permit; Fence Permit. No other permits shall be required by the City. ARTICLE V MISCELLANEOUS PROVISIONS Section 1. ~afters of A~reement. The Owner and the City each were represented by legal counsel and participated in the of this and in the choice of drafting Agreement wording. Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. Should any action be brought in any court of competent jurisdiction, each party shall bear its own attorney's fees in connection with such litigation. Sebastian/CooD.Agt 9 1/30/ Section 2. Covenants Runninq with the Land. It is the intention of the Owner of the Properties in Exhibit "A" that this Agreement shall constitute covenants running with the land and with title to The Properties, or as equitable servitudes upon the land, as the case may be. The burdens of this Agreement bind and the benefits of this Agreement inure to the parties' successors in interest. Such covenants shall expire upon termination of this Agreement. Section 3. Recordation. The Owner hereby agrees to pay for any costs of recordation of this Agreement, and the recorded original hereof shall be returned to the City for filing in its records. Section 4. ADplicable Laws. This Agreement shall be construed, administered, and enforced in accordance with the laws of the State of Florida and the City of Sebastian, in effect on the date hereof. Section 5. Duration of Agreement. This Agreement expire on June 30, 2012, unless extended by written agreement of the Owner and the City. shall mutual IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. Signed, Sealed and Delivered in the presence of: OWNER: Sign: Print Name: Address: SEMBLER MARINA PARTNERS, LTD., a Florida Limited Partnership, by and through H. J. Underill, III, its authorized general partner Sign: Print Name: Address: Sign: Print Name: Address: By: M.J. Underill, III, Authorized General Partner CITY: CITY OF SEBASTIAN, FLORIDA, a Florida Municipal Corporation Sign: Print Name: Address: Sebastian/Coop. Agt 10 By: (CITY SEAL) 1/30/98 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me, this day of , 1998, by H.J. Underill, II!, as authorized General Partner of Sembler Marina Partners, Ltd., a Florida Limited Partnership, on behalf of the partnership. He is personally known to me or has produced as identification. Notary Public State of Florida at Large My commission expires: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, this day of , 1998, by Thomas W. Frame, as City Manager of the City of Sebastian, Florida, a Florida municipal corporation on behalf of the corporation. He is personally known to me or has produced as identification. Notary Public State of Florida at Large My commission expires: s ebas t lan/Coop. Agt 11 i/~o/gs ~h~ rl~ing ;~ l~e~ ~h~ ~o~he=/y along ~e ~~a~u ~ North 3~ de.meg ~ m~ 40 1$.19 ~e~ ~ th~ N~ line. o~ 9oo~ . ,~-i.,L.~.~,~= of 110.76 feet to ~ 1~ c~ ~ ~ ~ ~ ~~ ~',2~; ~ ~ N 01'~'~" W a a~~ of ~8.~ ~ ~ N ~'39'~" W a s~~ of 55.~ ~ N ~'51'~" E ~ ~d ~ l~ ~ ~ ~ ~~ ~~ ~ 96, ~ 8g Plat Book 1, pa~ 19, of the Public ~ of/r~r~ River County, Flor-ida Wetly of (~es~ntly) /r=lian Rt~r Driv~ (~/k/a'Old U. $.' 1:/~ D~%~a), ~ ~ l~=g:Iotl~rly c~~ ~ ~ll~: ]]e~ at ~ old ~ ~ 5, ~ ~~~, P~~ 1, ~ 19; ~N 89'~'14" E ~ ~d. E ~ ~~ly~~ !~ 99.~ ~; ~~~ ~d~ly That p=rUL~n of (~~ ~. ~ U.S. ~ ~- 1) ~ ~ ~~ly ~ ~ f~: ~ly~t ~~ (~%~~ ~~ ~~ ~~of ~t ~ ~~~ a 66' ~of~) ~ ~~~; ~S ~'51'10" E ~t ~ ~ ~ (~~ ,~, ~ ~~ ~ ~ ~ ~ ~ ~ ~1~ ~~; N ~t~'20"~W 6.19 E 18.93 ~; ~N~'~'49" E31.46 ~; ~ N~'~'35" W 2~.!9 f~; ~ N 24'37'39" W 7.~ ~ N ~'~'~" W 31.1~ f~t; ~ N ~'05'~" W ~.2A f~; ~ N 10'56'20" W' 31.~ f~; ~ N ~'10'~" W ~.~9 f~ ~ ~ ~ ~ ~ ~ ~ ~ f~t ~ ~d I I I I I I i I I I I I i i i I 900 ~ &~OAD TII~(INI1 O0:)T z6,'zz/~o ~ a~ tBe imtez-secti.o.n c_~ ~e S~ r$~~-~ of e~ !S3.2! f~e~ to ~e ~st rm~n~f~ of No~ C~n~ ~p~ ~is~ of appro~tely 2-5 The paddng area constructed ,-'or the raw bar shall be fan,caped ac=m3rcrmg to the approved lands, cape plan. The appJicant shall provide a copy of the approval of the Hea~ Depar~ent of the potable w~,=r suppty well locatiark~ waste pretreatment system arid floor plan. = The applicant shall obtain afl other federal, state or regional ~ as may be' required pflor to issuanca'of the b~ding permit wfff~ the City w~ch includes, but'Is not limited to, a reasonable deadline for m3mmencament of physical development, phasing requirements, development permit deadlines, schedules for c~n.~cucfian, a build-out date, amd pmvisi~3s. At o~ meeting, the appffcar~ provided a prelimina~ ctr'ai~age plan for the parldmg ~ with the raw bar. l~e drainage ~all be retained on property cmntmlled by the applicant. Therefore, c~ncrraon number 6 should be moc~fied to read: 6. The applicant shall provide proof of ownemhip, long .term lease, or parking/drainage agreement for ~e porrmn of the site previousty leased if that proper[7 is used for drainage or other uses. if the apprmant can not provide such documa~L~,qon, the applicant ~ be mquir~ to prepare a n~v site plan. The applicant is pmpaflng an agreement which ~ll pro'de a s:fled~e f~r completion of all ' phases of the project. The City Atlmmey mcmmmends, based on the rep~ons made by the applicant at our mee~g that they wBl prepare an agmem~ that c::nd~on 10 be deleted. &~O~D ~IM'~NLrl TC:gT PLANNING AND ZOO'6 C0MMI.$~ON M2Nr. rI3~ 01:1~~ . · _~(~ OF JUNE $.. 19 ..~7 A-mlc~ vo~ ~'~ t~k~ 6- 0 ~,~ ~.;d- I i Abr~akwaslak~az$,'05. Tlz~r~m~da$:~P-~~ ~rei~m~. I CoNr~ru~ ~ PlAN REVIEW- ~ Z~GAGE, SO~J'l ~ DEVELOPME~' ' MOTION Ima~ ~ ~/~z m a~:apt', s~Ys z-~x~ ~ S~bl~'s K,~.w Bar.. o/~h=e .~t. ~$/~Z/90 ITEM NO. ROLL CALL 1 Mr. Taracka '7/ Mrs. Cartwright Mr. Paul /~/ Mrs. Sullivan Mr. Barnes ITEM NO. HOLL CALL Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright ITEM NO. ROLL CALL 4 Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Patti ROLL C. ALL ~ Mr. Barnes Mr. Taracka Mrs. Cartwri~t Mr. Paul ~j Mrs. Sullivan /U...v /.5'/- SECOND SECOND SECOND MOTION SECOND MOTION SECOND City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 25, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain Frank Camillo. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Canwfight Mr. Larry Paul Mrs. Ruth Sullivan Staff Pms~rlt; City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Dkector of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio Regular City Council Meeting February 25, 1998 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) rc 1 (if needed) ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 PROCLAMATIONS. ANNOUNCEME~fF3 AND/OR pRESENTATIONS CITY ATTORNEY MATTERS o CITY MANAGER 2 98.044 98.001 98.004 98.045/ 97.077 98.025 98.046/ 97.160 98.003 98.047 98.048 CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/4/98 Workshop, 2/11/98 Regular Meeting Resolution No. R-98-09 - Support Funding for Regional Planning Councils (City Manager Transmittal 2/19/98, R-98-09, TCRPC Memo 1/23/98) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SUPPORTING PERMANENT AND CONSISTENT FLrNDING FOR REGIONAL PLANHINO COUNCILS; PROVIDING FOR REPEAL OF RESOLLYrlONS OR PARTS OF RESOLLrrlONS IN CONFI~CT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-98-10 - Falcon Cable Franchise Extension to 5/7/98 (City Manager Transmittal 2/19/98, R-98-10) A RESOLIYllON OF THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVI~NLIE; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize City Manager and Police Department to Continue Participation in State of Florida EMS Matching Grant Which Would Pay 75% of Cost of Automated External Defibrillators or $13,312.50 - Request Approval for 25% City Matching Funds in the Amount of $4,437.50 (Chief White Transmittal 2/18/98, Grant Application and Appeal Letter) Approve One Year Contract Extension/Renewal Entitled Agreement for Providing Sod - B & T Sod (City Manager/Asst. to City Manager/Purchasing Transmittal 2/5/98) Approve C.R. McLellan Change Orders 21 through 30 in the Amount of $121,936.95 - Culvert Replacement Contract - 2nd Quarter FY 98 (Public Works Director Transmittal 2/18/98) Approve Maxwell Contracting Change Order # 1 on Purchase Order 1861 in the Amount of $8,379.84 and Craven Thompson Change Order #2 on Purchase Order 1520 to Craven Thompson in the Amount of $3,000 - Dempsey/Vocelle Drainage Improvement Project (Public Works Director Transmittal 2/18/98) Approve Wood 'N' Nichols Change Order in the Amount of $7,656.80 for Barber Street Sports Complex Retention Pond Fencing Bid (Public Works Director Transmittal 2/9/98) Damon Laziman Wedding Reception - Approve MB Use in Conjunction with Use of Community Center on March 14, 1998 - 2 pm to 6 pm - Age Verified (City Clerk Transmittal 2/17/98, Application) Patricia Jones Wedding Reception - Approve A/B Use in Conjunction with Use of Community Center on April 18, 1998 - 6 pm to Midnight - Age Verified (City Clerk Transmittal 2/11/98, Application) The City Manager read the consent agenda and the City Attorney read titles for Resolution Nos. R- 98-09 and R-98-10. 98.044 Bo I move to approve items A, B, ~and J of the consent agenda. rc2 ROLL CALL: Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka MOTION CARRIEI~ Al~l~roval of Minutes - aye - aye - aye - aye MOTION by I move to approve item A. m3 ROLL CALL: Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 Resolution No, ]~-98-09 - Support Funding for Regional Planning Cfllll~ils MOTION by I move to approve item B. (approve Resolution No. R-98-09) rc4 ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 4 98.001 98.004 98.045/ 97.077 Resolution No. R-98-10 - Falcon Cable Franchise Extension to MOTION by ~-~'/p eyre ite I move to a m C. (approve Resolution No. R-98-09) rc5 ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Authorize Ci~ Manager and Polil~c_Dep~eot to Cor~tinue Participation in State of F}qrida EMS; Matching ~rant ,.._/'rig' ~_~ ~ ~_ MOTION by /~O /_,~' · I move to approve item D.(authorize City Manager and the Police Department to continue to participate in this grant projec0 rcl ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye /~ Barnes - aye MOTION CARRIE[~ Approve One Year Contract Extension/Renewal Entitl¢_~l_Agr~¢ment for t'royidJ~g Sod -15 & T So~l MOTION by to~)ap l~eit~em I move p E. (authorize the extension agreement for providing sod to the City by B and T Sod as rc2 ROLL CALL: Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Barnes Mr. Taracka MOTION CA~ and renewal for one year, the existing stated) - aye - aye - aye - aye - aye 5 98.025 Appro¥~ (3,R. McLellan Change Orders 98.046/ 97.160 98.003 5'5 MOTION by I move to approve item F. (authorize Change order #21 thru #30 to C.R. McLellan in the amount of $121,936.95) rc3 ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwdght - aye MOTION CARRIED 5-0 Approve Maxwell Contractingtm~l (3raven Thompson Change Or~l~r.~ MOTION by I move to approve item G. (authorize Change order # 1 on PO 1861 to Maxwell Contracting for $8,379.84 and Change order #2 to PO 1520 to Craven Thompson for $3,000.) rc4 ROLL CALL: Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye MOTION CARRIED 5-0 Approve WoOd 'N' Nichols Change Order in the AroQunt of $7,656.80 for Barber Street Sports Complex_Retention pond Fencing Bid I move to approve hem H. (approve a change order to Wood 'N Nichols in the amount of $1360.80 increasing the total contract price to $7,656.80) rc5 ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwfight - aye ~ Paul - aye CARRIE'>'-Mrs~'5~~ Sullivan - aye MOTION 6 98.041 10. PUBLIC HEARING Procedures for public hearings: (R-97-20 · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° StaffPresentation ° Public Input - Limit ofl 0 Minutes Per Speaker StaffSummation ° Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record Ao Ordinance No. 0-98-04 was advertised for public hearing at this meeting, however, in ~_ accordance with recommendatijln of the City Attorn~cr~nd due to substant~i~Wrevisiofl,4o the ordinance, another first ~g will be requir~. The.oI~inance i~der_ ]V//34v. Bus!ness. ~sed ~e¢on~ffng, Publj~ J-l~a~fd Final Ad~l~~dinance ~/1~-98-04 - Shared AN 20A- 8,3 IONS; PR OF C~CTIVE DATE. 1st Reading 2/11/98, Revised, Advertised Legal 2/14/98) Does the hearing have to be ope~... 7 98.019 First Reading ~d ~'ir~t Public Hearing of Ord~anc~ No. 0-98-06 - Riverfront performance Overlay District - Schedule Second Reading, Second public Hearing and Final Adoption for 3/11/98 (.Director of Community DeveloplBCnt Transmittal 2/5/98. O-9~-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUlqTY, YLORIDA, AMENDING THE LAND DEVELOPMEi~ CODE BY CREATING DMSiON VI, PERFORMANCE OVERLAY DISTRICTS, CREATING THE RIVERFRONT DISTRICT, STATING PURPOSE AND INTENT, PROVIDING FOR DEFRqITIONS, PROVIDING FOR ADMINISTRATION, PERMITS, PROCEDURES, WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING RIVERFRONT DISTRICT ARCHITECTIJRAI, CODES, ESTABLISHING RiVERFRONT DISTRICT URBAN CODE, ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, ESTABLISHING RIVERFRONT DISTRICT SIGN REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDINO FOR AN EFFECTIVE DATE. (Advertised Display 2/18/98) Mayor Barnes opened the public hearing at The City Attorney read Ordinance No. 0-98-06 by title. /~ Mayor Barnes closed the public hearing at MOTION by I move to approve the first reading of Ordinance No. 0-98-06 and set the second reading and second public hearing for March 11, 1998. rcl ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye MOTION CARRIED 5-0 8 11. INTRODUCTION OF I~W BUSINESS FROM THI~ pUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 98.009 ' 98.049 12. COMMITTEE RI~PORTSfRECOMMENDATIONS Code Enfome~ent Board (City Clerk Transmittal 2/17/98, Flescher Application, Board List) Interview and Appoint to Three Year Regular Member Position - Term to Expire' 3/2001 Direct City Clerk to Readvertise for Alternate Position City Council interviewed Joseph Flescher. MOTION by /~/ I move to reappoint Joseph Flescher to the regular member position on the Code Enforcement Board with term to expire in March 2001. rc2 ROLL CALL: Mrs, Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIE~ Handicapped Self-Evaluation Cqnunittee (City Clerk Transmittal 2/17/98, Browning Application, Board List) Interview and Appoint to Unexpired Regular Member Position - Term to Expire 6/99 Direct City Clerk to Advertise for Alternate Position City Council interviewed Robert Browning. MOTION by ~J~/ "7-~'---'' I move to appoint Robert Browning to the unexpired regular member position on the Handicapped Self-Evaluation Committee with term to expire in June 1999. rc3 ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Canwright - aye MOTION CARRIED 5-0 10 98.050/ 97.235 13. Stat, u~ Re, on on Parking Restrictions Along West Side of/ad/an River Drive (C/tv Managel: Transmittal 2/20/98. R,-~97-68. R-97-66 and 1t, r97_69) MOTION by rc4 ROLL CALL: MOTION CARRJED 5-0 Mrs. Sullivan Mr, Barnes - aye ~ Mr. Taracka - aye ~/ Mrs. Cartwright ~ aye A~ Mr. Paul ~ aye - aye 11 98.006 14. NEW BUSINESS First Rearing of Revised Ordinance No. 0-98-07 Mulching Macl~irles - Schedule Second Re~j~g and Public Hearing for 3/I 1/98 (Director of ~2ommunity Development Transmittal 2/19/98, Revised O-98-073 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA FOR THE REGULATION OF COMMERCIAL MULCHING MACI-fflqES AS A SPECIAL USE PERMIT; PROVIDING FOR DEFINITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDIN(} FOR AN EFFECTIVE DATE. The City Attorney read revised Ordinance No. O-98-07 by title. ,4 MOTION by J/~'~ I move to approve the first reading of Ordinance O-98-07 and schedule the second reading and public hearing for March 11, 1998. rc5 ROLL CALL: Mr. Barnes Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan - aye - aye aye -aye -aye MOTION CARRIED 5-0 12 98.041 First Reading of Revised Ordinance No. 0-98-04, Shared Parking - Schedule Second Reading, Public gearing fgr 3/I 1/98 (Direc~r 0f CotlununiW Development Transmitlal 2/19/98~ 0-98-043 Alq ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrlqTY, FLORIDA, AMENDING SECTION 20A- 8.3 OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF COlqFLICTS; PROVIDING FOR Alq EFFECTIVE DATE. (1 st Readin8 2/11/98, Revised, Advertised Legal 2/14/98, Notice of Cancellation of Hearing 2/24/98, I st Reading 2/25/98) The City Attorney read Ordinance No. 0-98-04 by ~ I move to approve the first reading of Ordinance O-98-04 and set a second reading and public hearing for March 11, 1998. rcl ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Paul Mrs. Sullivan Mr. Bames -aye - aye - aye - aye - aye MOTION CARRIED 5-0 98.051 159..I Approve Cooperati,~e Agreement for Sembler's Riverwalk Marina and Authorize City Manager to Execute (Director of Commllnity Deyelopmelat Transmittal 2/19/98, Agreement) I move to approve the Cooperative Agreement for Sembler's Riverwalk Marina and authorize the City Manager to sign the agreement. re2 ROLL CALL: Mrs. Cartwright - aye Mr. Paul - aye ,/ Mrs. Sullivan aye Mr. Barnes - aye Mr. Taracka - aye MOTION CARRIED 5-0 14 15. CITY COUNCIL MATTERS A. Mayor Walter Bames B. Vice Mayor Richard Taracka C. Mrs. Louise Cartwriglll D. Mr. Larry Poul E. Mrs. Rtlth Sullivan 16. Being no further business, Mayor Barnes adjourned the Regular Meeting at 15 Approved at the ,1998, Regular City Council Meeting. Walter W. Barnes Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 16