HomeMy WebLinkAbout05061998City of Sebastian
1225 Main Street
Sebastian~ Florida ~52958
CITY COUNCIL
AGENDA PACKET
SPECIAL MEETING
MAY 6, '1998 - 7:00 P.M.
City of Sebastian
1225 MAIN STREET 0 SEi~ASTIAN, FLORIOA 32@5fl
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, MAY 6, 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 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Special Meeting unless approved by majority vote of City Council at the beginning of the Special Meeting
(in accordance with R-97-21)
2.
3.
4.
98.066
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
SPECIAL MEETING ITEMS
A. Second Public Hearing and Final Adoption of Ordinance No. O-98-02 - Repealing, 0-97455 and Lifting
MoratofiuqL(Ci. ty Manager Transmittal 4/30/98.0-98-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE
biO. 0-9745, WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED
"ZONING PROVISIONS" BY ADDING A NEW gECTIObi ENTITLED "BUILDING PERMIT MORATORIUM";
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN' EFFECTIVE DATE. (1 st Reading
3/11/98, Disptay Ad 3/18/98, 1st Heating 3/25/98, Hearings Deferred to 4/22/98 and 5/6/98 Special, Readvertised Display
4/15/98, 4/22/98 Hearing Conducted, Advertised Display 4/'29/98, Final Hearing 5/6/98)
5. ADJOURN
ANY PERSON WHO DECIDES TO APp~-.4L ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA TI'ER CONSIDERED A T THIS MEETING
(OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEFJ)S A SPECIAL ACCOMMODATION FOR THIS MEETING
SHOUI_D 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
Upcomin~ Meetinxs:
· SpecialMeeting - (Paving dc Capital BudgeO Monday, 3d~ 11, 1998 ~ 7pm
· RegularMeeting - Wednesday, May 13, 1998 ~, 7pm
· RegularMeeting - Wednesday, 3day 27, 1998 ~ 7pm
City of Sebastian
1225 Main Street
Sebastian, Horida 52958
Telephone (561) 589-5330
FAX (561) 589-5570
Subject: Final Public Hearing and Adoption
of Ordinance No. O-98-02 - Lifting Riverfront
Building Moratorium
Agenda No.
Department Origin: City Manager
Approved for Submittal by:
Date Submitted: 4/30/98
Exhibits: 0-98-02
Expenditure Required:
For Agenda of: 5/6/98
Amount Budgeted:
Appropriation Required:
SUfi/bMARY
City Council adopted Resolution No. R-97-73 on October 22, 1997, stating its intent to impose a moratorium
on development in the Riverfront Distict.
City Council adopted Ordinance No. O-97-65 on November 19, 1997, creating a new section of the Land
Development Code entitled "Building Permit Moratorium" which imposed a six month moratorium to May 22,
1998, during which time the City Council worked on revisions to the City's comprehensive plan amendments and
land development code amendments.
City Council, following several workshops, conducted a public hearing on comprehensive plan amendment
Ordinance No. O-98-01 on March 4, 1998, and approved its transmittal to the Department of Community Affairs
for review. A fmal public hearing will be conducted upon return of comments.
City Council, following several workshops and two public hearings adopted Ordinance No. O-98-06 on March
11, 1998, which created the Riverfront Performance Overlay Districts, and which provides architectural, urban
design, landscape and sign standards in the Riverfi'ont area.
A fa'st reading was conducted on Ordinance No. 0-98-02, to repeal Ordinance No. 0-97-65 and lift the
moratorium, on March 11, 1998. At the first scheduled heating on March 25, 1998, the hearings were deferred
to April 22, 1998 and May 6, 1998.
This is the second and final hearing on 0-98-02.
RECOMMENDED ACTION
Following the public hearing, move to adopt Ordinance No. O-98-02.
ORDINANCE NO. O-98-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-97-65, WHICH
AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF
ORDINANCES ENTITLED "ZONING PROVISIONS" BY ADDING A
NEW SECTION ENTITLED "BUILDING PERMIT MORATORIUM";.
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida
("City Council") has received and accepted a study entitled "Riverfront Plan" from an advisory
committee established to make recommendations concerning the future development of an area
within the City known as the "Riverfront Area", as described and illustrated in Exhibit "A"
which is attached hereto and incorporated herein by this reference; and
WHEREAS, the City significantly amended its local government comprehensive plan and
its land development regulations to address the recommendations of the advisory committee; and
WHEREAS, the City Council enacted a six month moratorium while the major revisions
to the City's comprehensive plan amendments and the land development code amendments were
being established; and
WHEREAS, the City has held a transmittal hearing on its comprehensive plan
amendments and has found that the building permit moratorium is no longer needed;
WHEREAS, this amendment to the City's land development regulations is made in
conformity with the requirements of Florida Statutes Section 166.041 (c) relating to changes to a
municipal land development code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA:
Section 1: The following section of Chapter 20A of the City's Code of Ordinances is
hereby deleted.
Sec. 20A-3.17. Riverfront Area Building Permit Moratorium.
(a) In order to allow for the consideration of major amendments of the
City's Comprehensive Plan and Land Development Regulations which
will provide for the future of the Riverfront Area, a building permit
moratorium is hereby established within the Riverfront Area, more
particularly described as that area within the City lying between the
Florida East Coast Railroad and the Indian River Lagoon, north of the
south one half of Section 7, Township 31 South, Range 39 East. No
application for City plat approval, site plan approval, or other action
having the effect of approving development, as defined in 380.04. F.S.,
within the Riverfront Area shall be accepted by the City during the term
of this moratorium.
(b) The Riverfront Area building permit moratorium shall be in effect
for a period of six months from the effective date of this ordinance,
unless further extended by action of the City Council.
Section 2. All Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby superseded to t' :e extent of such conflict.
Section 3. If any section, provision, clause, phrase, or application of this Ordinance is
held invalid or unconstitutional for any reason by any court of competent jurisdiction, the
remaining provisions of this Ordinance shall be deemed severable therefrom and shall be
construed as reasonable and necessary to achieve the lawful purposes of this Ordinance.
Section 4. This Ordinance shall go into effect immediately.
The foregoing Ordinance was moved for adoption by
The motion was seconded by Coucilmember
and, upon being put to a vote, the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise R. Cartwright
Councilmember Charles Neuberger
Councilmember Larry Paul
The Mayor thereupon declared this Ordinance duly passed and adopted this
,1998.
CITY OF SEBASTIAN, FLORIDA
By:
Ruth Sullivan, Mayor
ATTEST:
Councilmember
day of
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Sea0
Approved as to Form and Content:
Valerie Settles, City Attorney
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 la FAX (561) 589-5570
AGENDA
SEBASTIAN CITY COUNCiL
SPECIAL MEETING
WEDNESDAY, MAY 6, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Sullivan called the Special Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited and there was a moment of silence.
ROLL CALL
City Council Pr~nt:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
Staff Pres.~ot;
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn ..0. 'Halloran
Deputy City Clerk, Sally Maio
Special City Council Meeting
May 6, 1998
Page Two
4. SPECIAL MEETING ITEMS
98.066 A.
~;¢;:Ol!d Public Hearing and Final Adoption of Ordinance No. O-98-02_-aq_.ep¢alila. g Q-97-65
Lifting Moratorium ¢City Manager Transmitlal 4/30/98. O-98-0~)
AN ORDINANCE OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALINO OKDINANCE
NO. O-97-65, WI-IICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED
"ZONINO PROVISIONS" BY ADDINO A NEW SECTION ENTITLED "BUILDINO PERMIT MORATORIUM";
PROVIDINO FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading
3/11/98, Display Ad 3/18/98, I st Hearing 3/25/98, Heatings Deferred to 4/22/98 and 5/6/98 Special, Rcadvcrtiscd Display
4/15/98, 4/22/98 Hearing Conducted, Advertised Display 4/29/98, Final Heating 5/6/98)
Mayor Sullivan opened the public hearing at, and the City Attorney read Ordinance No. O-98-02 by
title only.
Mayor Sullivan closed the public hearing at
MOTION by c"~'~'"~"~-f-~
I move to adopt Ordinance No. 0-98-02.
ROLL CALL: Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
MOTION CARRIED 4-0
- aye ~
aye ~,
aye [
abscnt)
aye~.~
Being no other business, Mayor Sullivan adjourned the Special Meeting at
2
City of Sebastian
1225 Main Street
Sebastian, Florid~ $2958
CITY COUNCIL
AGENDA PACKET
SPECIAL MEETING
MAY 6, 1998 - 7:00 P.M.
City of Sebastian
1225 MAIN STRE_=T g SEBASTIAN, FLORIDA 32S58
TELEPHONE (561) E89-5330 r~ FAX (561) 589-55,70
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, MAY 6, 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 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Special Meeting unless approved by majorit~ vote of City Council at the beginning of the Special Meeting
(in accordance with R-97-21)
2.
3.
4.
98.066
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
SPECIAL MEETING ITEMS
A. ~;gi~d P~blj~: J-Iearing and Final Adoption of Ordinance NoL O-98-02 - Repealing O-97-65 and Lifting
Moratorium (City Manager Transr~4/30/98.0-98-02)
AN' ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COLrNTY, FLORIDA, REPEALING ORDINANCE
NO. 0-97-65, WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED
"ZONINO PROVISIONS" BY ADDINO A NEW SECTION EN~ "BUILDING PERMYr MORATORIUM";
PROVIDINO FOR REPEAL OF IlqCOlqSISTElqT PROVISIONS; PROVIDI/qO FOR AN EFFECTIVE DATE. (lst Reading
3/11/98, Display Ad 3/18/98, 1st Heating 3/25/98, Heatings Deferred to 4/22/98 and 5/6/98 Special, Readvertised Display
4/15/98, 4/22/98 Hearing Conducted, Advertised Display 4/29/98, Final Hearing 5/6/98)
5. ADJOURN
ANY PER, ffON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH RESPECT TO ANY MA TI'ER CONSIDERED A T THIS MEETING
(OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y N~'FD TO ENSURE THAT A VERBA TA! RECORD OF THE PROC~INGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON [4qqICH THE APPEAL IS TO BE HEARD. (286.0105 F..S.)
IN COMPLIANCE WITH THE AMERICANS WITH DI,~iBILiTIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
SHOULD CONTACT THE C1TY'S ADA COORDINATOR A T 389-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings
Upcoming Meetings:
· SpecialMeeting - (Paving & Capital BudgeO Monday, Ma.v I I, 1998 ~ 7pm
· RegularMeeting- Wednesday, May 13, 1998 ~ 7pm
o RegularMeeting- Wednesday, May 27, 1998 ~ 7pm
City of Sebastian
1225 Main Street
Sebastian, Horida 32958
Telephone (561) 589-5550
Subject: Final Public Heating and Adoption
of Ordinance No. O-98-02 - Lifting Riverfront
Building Moratorium
Agenda No.
Department Origin: City Manager
Approved for Submittal by:
Date Submitted: 4/30/98
Exhibits: 0-98-02
Expenditure Required:
For Agenda of: 5/6/98
Amount Budgeted:
Appropriation Required:
SUMMARY STP, TI~MFoNT
City Council adopted Resolution No. R-97-73 on October 22, 1997, stating its intent to impose a moratorium
on development in the Riverfront Distict.
City Council adopted Ordinance No. O-97-65 on November 19, 1997, creating a new section of the Land
Development Code entitled "Building Permit Moratorium" which imposed a six month moratorium to May 22,
1998, during which time the City Council worked on revisions to the City's comprehensive plan amendments and
land development code amendments.
City Council, following several workshops, conducted a public heating on comprehensive plan amendment
Ordinance No. 0-98-01 on March 4, 1998, and approved its transmittal to the Department of Community Affairs
for review. A final public heating will be conducted upon return of comments.
City Council, following several workshops and two public hearings adopted Ordinance No. O-98-06 on March
11, 1998, which created the Riverfront Performance Overlay Districts, and which provides architectural, urban
design, landscape and sign standards in the Riverfront area.
A fa'st reading was conducted on Ordinance No. O-98-02, to repeal Ordinance No. O-97-65 and lift the
moratorium, on March 11, 1998. At the first scheduled heating on March 25, 1998, the heatings were deferred
to April 22, 1998 and May 6, 1998.
This is the second and final heating on O-98-02.
RECOMMENDED ACTION
Following the public hearing, move to adopt Ordinance No. 0-98-02.
ORDINANCE NO. 0-98-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-97-65, WHICH
AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF
ORDINANCES ENTITLED "ZONING PROVISIONS" BY ADDING A
NEW SECTION ENTITLED "BUILDING PERMIT MORATORIUM";.
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida
("City Council") has received and accepted a study entitled "Riverfront Plan" from an advisory
committee established to make recommendations concerning the future development of an area
within the City known as the "Riverfront Area", as described and illustrated in Exhibit "A"
which is attached hereto and incorporated herein by this reference; and
WHEREAS, the City significantly amended its local government comprehensive plan and
its land development regulations to address the recommendations of the advisory committee; and
WHEREAS, the City Council enacted a six month moratorium while the major revisions
to the City's comprehensive plan amendments and the land development code amendments were
being established; and
WHEREAS, the City has held a transmittal hearing on its comprehensive plan
amendments and has found that the building permit moratorium is no longer needed;
WI:IEREAS, this amendment to the City's land development regulations is made in
conformity with the requirements of Florida Statutes Section 166.041 (c) relating to changes to a
municipal land development code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA:
Section 1: The following section of Chapter 20A of the City's Code of Ordinances is
hereby deleted.
Sec. 20A-3.17. Riverfront Area Building Permit Moratorium.
(a) In order to allow for the consideration of major amendments of the
City's Comprehensive Plan and Land Development Regulations which
will provide for the future of the Riverfront Area, a building permit
moratorium is hereby established within the Riverfront Area, more
particularly described as that area within the City lying between the
Florida East Coast Railroad and the Indian River Lagoon, north of the
south one half of Section 7, Township 31 South, Range 39 East. No
application for City plat approval, site plan approval, or other action
having the effect of approving development, as defined in 380.04. F.S.,
within the Riverfront Area shall be accepted by the City during the term
of this moratorium.
(b) The Riverfront Area building permit moratorium shall be in effect
for a period of six months from the effective date of this ordinance,
unless further extended by action of the City Council.
Section 2. All Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby superseded to the extent of such conflict.
Section 3. If any section, provision, clause, phrase, or application of this Ordinance is
held invalid or unconstitutional for any reason by any court of competent jurisdiction, the
remaining provisions of this Ordinance shall be deemed severable therefrom and shall be
construed as reasonable and necessary to achieve the lawful purposes of this Ordinance.
Section 4. This Ordinance shall go into effect immediately.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Coucilmember
and, upon being put to a vote, the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise R. Cartwright
Coun¢ilmember Charles Neuberger
Councilmember Larry Paul
The Mayor thereupon declared this Ordinance duly passed and adopted this
,1998.
day of
CITY OF SEBASTIAN, FLORIDA
By:
Ruth Sullivan, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles, City Attorney