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HomeMy WebLinkAbout06181997 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, JUNE 18, 1997 - 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. City_ Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright (excused absence) Mr. Larry Paul Mrs. Ruth Sullivan City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio It was the consensus of City Council to allow public input. City Council Workshop June 18, 1997 Page Two 4. WORKSHOP ITEM__S 97.026 A. r' -97-17- ' r . 9 7 r ~ I n T ' 61197 ' ' ~ 9 The City Attorney provided a second revision at this meeting and reviewed all changes by section. She stated that the definition of affected party will be added to the Land Development Code. City Council concurred with the deletion of Section 20A-I0.3.14 of the original draft proposal relative to submittal of a conceptual for review by Planning and Zoning. Mrs. Sullivan requested that property owners associations be considered affected parties. The City Attorney said those properly registered associations could be considered affected. Mrs. Sullivan requested that "total site" be added before "floor area" on page 7 paragraph b, but later withdrew her request following lengthy discussion. Mrs. Sullivan requested that "All administratively approved modifications to site plan be limited to a one time one subject approval for an entire site development." be added in paragraphs b and c on page 7. She requested that "or to the elevation of' in paragraph f be deleted. She suggested that everywhere there is a direction to give a report to Planning and Zoning,.that same report go to City Council. TAPE I - SIDE II (7:48 p.m.) Discussion continued on the maximum square footage for minor modifications. In response to Mrs. Sullivan, the Director of Community Development suggested adding, "as evidenced by approved building inspections" on page 16 after the word "construction". In response to Mr. Taracka, the City Attorney said projects won't be done piecemeal with minor modifications due to new language suggested by Mrs. Sullivan regarding "one time, one subject" approvals in paragraphs b and c on page 7. Following some discussion about administratively approved site plans, the City Attorney suggested that minor modifications approved by the Director of Community Development Director go to Planning and Zoning for confirmation. The City Manager agreed that then this would put those site plans before public scrutiny. City Council concurred. Mr. Paul expressed concern for reducing the square footage requirement to 500 square feet. The City Manager said Planning and Zoumg should be changed to "Director of Cornmunity Development" on the bottom of page 13, paragraph 2. The City Attorney said the whole section 2 City Council Workshop June 18, 1997 Page Three would have to be changed due to the change requiring Planning and Zoning oversight. The Director of Community Development asked what was the advantage of a minor modification if it has to go to Planning and Zoning and the City Manager said it provides a good check and balance. Mrs. Sullivan concurred with deleting "total site" from the 500 additional square foot requirement for minor modifications at this time based on Planning and Zoning ratification. Harry Thomas, 654 Balboa Street, Sebastian, asked why sidewalks and decking are not included in impervious surface. Carolyn Corum, 881 Delores Street, Sebastian, agreed with including those items in impervious surface. Tut Connelly, 149 Kildare Drive, Sebastian, asked for a definition of a real property owners association and the City Attorney explained that it is one properly registered with the State of Florida. Howard Geiger, 1026 Schumann Drive, Sebastian, pointed indicating the City Manager rather than the Director of Community Development should talk to press. TAPE I - SIDE II (8:36 p.m.) Following further discussion, it was the consensus of City Council to leave in "or to the elevation of' on page 7. Mayor Barnes called recess at 8:40 p.m. and reconvened the workshop at 8:55 p.m. All members present at roll call were present. 97.112 B. Proposed Parking Ordinances (Director of Communi~ Development Transmittal 6/I 1/97. Proposed Ordinance~ Carolyn Corem, 881 Dolores Street, Sebastian, objected to prohibiting parking in right-of-way. Tut Connelly, 149 Kildare Drive, Sebastian, distributed a map and said there are areas in the City which are high and dry and which don't need the prohibition from right-of-way parking. Sal Neglia. 461 Georgia Boulevard, pointed out several errors and recommendations to both proposed ordinances. Judy McCusker, Sebastian, objected to the prohibition stating she had three vehicles and a one vehicle driveway. Al Goelz, Sebastian, concurred with prohibiting parking in right-of-way to protect swales and said larger RVs are causing problems. City Council Workshop June 18, 1997 Page Four Harry Thomas, 654 Balboa Street, Sebastian, said the proposed parking ordinances were inadequate to and that protecting drainage should be the focus. Don Smith, 208 Poinciana Street, Sebastian, asked what the intent of the ordinances was and expressed concern with the restrictions proposed Russ McConnell, Breakwater Terrace, Sebastian, said he agreed with prohibiting permanent parking in swales only. Ben Frasier, Joy Haven Drive, Sebastian, asked whether the Council was looking for aesthetics or parking restriction and recommended using common sense. H. Michael Roth, 474 Memorial Drive, Sebastian, objected to restricting parking in right-of-way. Andy Ogle, Poinciana Street, objected to prohibiting parking in right-of-way citing parking needs of a large family. Mayor Barnes responded to Mr. Ogle and said other cities have the police notification system and it works. TAPE Ii - SIDE II (9:35 p.m.) Mr. Ogle continued. Howard Geiger, 1026 Schumann Drive, Sebastian, said large trucks traveling city streets are causing problems. Chief White said he had concerns regarding officers having to determine right-of-way size, the complete prohibition of parking on median or shoulder suggesting accidents be treated as exceptions, determining truck weight and the time spent doing so for a small fmc, would be measured without access to scales, and why police officers are used to enforce these provisions, questioned the city's jurisdiction on school property, suggested stickers and citations be issued at the same time, and asked why police officers would be used to enforce this code. The Director of Community Development said Code Enforcement currently has no authority for enforcement of this Chapter, that vehicles parked in driveways in the fight-of-way area may have to be exempted from the prohibition. The City Manager said the current code allows parking on a side easement but this new language would prohibit parking in any easement. Chief White asked what the police were supposed to do if someone had a gathering and forgot to call it in. He said if the regulation is not enforceable why are we doing it. The Director of Community Development said Section 98-3 I(D) was inappropriate and should be deleted. Discussion took place on truck size allowed to park in residential and it was decided to look at dual rear wheel/axle with commercial signs. 4 City Council Workshop June 18, 1997 Page Five Chief White said the police department would need authority to impound vehicles when tickets are not paid for some time. Mayor Banes suggested including yard sales in exceptions, Section 98-31.B.2. The City Manager said he could contact DOT regarding scales in the area. Mayor Banes suggested adding "police" in 98-6(b), and recommended 98-31.C. be deleted at thc suggestion of the City Manager. The City Manager said he did not think the City had jurisdiction over public school parking. Mayor Banes suggested putting 98-36 (c) back in to the proposed ordinance, requiring a vehicle to be in an enclosed structure unless licensed, registered and insured. Chief White said 98-37 should be "in conformance with the Florida Statute that designates it". Mayor Banes asked if "officer" included volunteers and the Chief said if properly trained volunteers can ticket vehicles. Mayor Banes suggested adding "or utilized" after "employed. Discussion of RV parking in driveways by guests took place. TAPE III -StDE i (10:22 p.m.) Mayor Barnes suggested allowing guest RVs for two weeks out of every 6 months, and inquired about enforcement of proposed 20A-5.16.1.C.(4). The majority of Council concurred with the Mayor on RV parking. Mr. Taracka agreed that trucks are damaging roads, and with issuing the citation at the time the violation is noted. He stated that the call in system worked in a city where he worked and noted that people are not asking permission for gatherings, merely informing the police. He suggested removing "24 hours following thc end of the event" since cars would leave at the end of an event. MOTION by Sullivan/Taracka I would move to extend the meeting until 11:00 p.m. ROLLCALL: Mr. Banes - aye Mr. Taracka - aye Mrs. Cartwfight - absent Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 4-0 5 City Council Workshop June 18, 1997 Page Six Mr. Paul expressed concern for the public's perception of the requirements of 98-31.B. regarding exceptions to the fight-of-way parking prohibition and procedures for call-in to the Police Department, noting that people had referred to becoming a "police state". He asked who is responsible for swales. The City Manage said damage to swales is a cost borne by the general public and that he thought Council could legislate that homeowners not damage swales but could not legislate that homeowners maintain the drainage system. Mr. Paul said he had a problem with the police registration, restricting parking on school grounds, restricting RVs and telling people how to live. Mrs. Sullivan recommended adding in Section 98-3 i, new paragraphs 5 "Vehicles with boat trailers using the Cavcorp property for the boat ramps" and 6 "Public Riverfront parking east of Riverview Park limited to standing only". The Director of Community Development suggested rather than standing only a time limit be set and suggested 30 minutes. The City Manager noted there are picnic tables and will be an observation pier. He said this may need to be evaluated and a recommendation brought back. The Director of Community Development suggested a separate resolution to designate certain areas where fight-of-way parking can be allowed, but Mrs. Sullivan said she would rather see it in ordinance form so it is harder to change. Mayor Barnes suggested adding in the time limit at this time and discussing it the next time it is brought back. In response to Mrs. Sullivan, the Director of Community Development said Section 98-31.B.3. should suffice relative to loading. 5. Being no further business, Mayor Barnes adjourned the workshop at 10:49 p.m. Approved a the ,1997, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Walter W. Barnes Mayor ORDiNANCE NO. O-9%17 AN ORDiNANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDiNG SECTIONS 20A-10.1., 20A-10.2, 20A-10.2.L., 20A-10.3.14, 20A-10.4., AND 20A-10.5 OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR SITE PLANS, CONSIDERATIONS iN REVIEWiNG SITE PLANS; ESTABLISHING A PURPOSE FOR ESTABLISHING PROCEDURES; CREATING CLASSIYICATIONS FOR FULL AND ADMINISTRATIVELY APPROVED SITE PLANS, AMENDING GENERAL SITE PLAN REVIEW PROCEDURES; PROVIDING PROCEDURES FOR FULL SiTE PLAN REVIEW; PROVIDING PROCEDURES FOR ADMINISTRATIVELY APPROVED SITE PLANS; PROVIDiNG FOR A DEFINITION AND PROCEDURES FOR A MINOR MODIFICATION OF A SITE PLAN; PROVIDING FOR A DEFINITION AND PROCEDURE FOR APPROVAL OF A MAJOR SITE PLAN MODIFICATION; PROVIDiNG FOR PHASING OF A SITE PLAN; AMENDiNG CONSIDERATIONS IN REVIEWING SITE PLANS; INFORMATION TO BE iNCLUDED IN A SITE PLAN, APROVAL, DISAPPROVAL AND APPEALS, AND TERMINATION, EXTENSION AND TRANSFERABH,rrY; PROVIDiNG FOR CODIFICATION; PROVIDiNG FOR CONFLICTS; PROVIDiNG FOR SEVERABIL1TY; AND PROVIDiNG FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding applicability and filing procedures for site plans, considerations in reviewing site plans, additional considerations in site plan review, information to be included in site plan, approval, disapproval an appeal, and termination, extension and transferability; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, TItAT: Section 1. Section 20A-10.1. of the Land Development Code, City of Sebastian, Horida is hereby amended to read as follows: Sec. 20A-10.1. Applicability and filing procedure. A. Purpose. The purpose of' this..secti0n is to....assi~t implementa.tion of th_.e. City of Sebastian comprehensive plan by establishing procedures and standards for the development .o.f rea!. estate within the cj~ in an effort ~to, among o.,ther tl'd. ngs, aid,,in the ..coordination of land development in the Ci.ty of Sebastian in accordance with orderly_p_h3~sical p~tterns; disco..ur..a,g~ haphazard, premature, uneconomic .or scattered land deyelopment, ensure, safe and convenient traffic co~ntro!;, encourage devel~pment of an economically s.t. able and healthful community_; ensure adequate, utiliti~ ~periodic and seasonai.,flqoding bX provi.ding protective flo_.o.d_ control and. drainage facilities; and tO provide for the management and protectioa~ of water resources. B. Full and Administrative!¥ Approved Site Plans, Ail site plans,.within the corporate limits of the CiW of Sebas.tjan shall b.e classified, as b. einga full. or administratively approved site plan as defined hereio2 1. Full Site Plan. A full site plan is: a. a residential pr. oiect that has two or more principal buildi.ngs or in a sin~e building has thre~.e_or more d.w. elli. n, g units. b. any n. 0n-residential r~ro_iect that contains one thousand square feet or more of jmperviou..s su. ffac..e inclu~.d, in_og 2  ' 1 a roved e th~ b. Contains less than on~ - c ~ resi~enU~ In all cases req~fing ~te plan General site plan revi~ procedure. renew, no stm~ure or p~ng ~ea, or p~ thereO[ shall be erected or used, or x~d or water used, or ~7 ch~ge of use consu~ated' nor sh~l ~y building Pe~t be issued therefor, udess a site pl~ for such structure or use sh~l have been renewed and approved ~~ Fee-~_~S. The fee SChedule for site plan rev/ew shall be as detertnined by resolution of the city COuncil. ED. 1 Confomance with zoning re~lations required ~y such building, structure or use sh~l be erected, altered, inst~led ~d m~ntained in ~11 conformity with the provisions of the zoning ordinance and the approved site plan. General requirements. Site plan approval as provided for herein shall be required for each of the following: 1. Any new construction and additions to buildings, parking areas, or drainage facilities, except for single-family homes and duplexes. In addition, single-family homes and duplexes located on the east side of Indian River Drive must file a site plan pursuant to the fthi arti ....... procedures o s clc, .... -i 2. Any change of use within an existing facility which results with an increase of intensification of parking. 3. The filling or excavation of lands located on the east side of Indian River Drive. .. Applica. tion..procedures for a Full Site Plan. 1. Pre-application conferenc, e (mandat.0ry),. The .applicant shall file an application for a pr~-application confere, nce with the Community ~evelopment Director on a form prescribed by the Community Developmen.t Direc..tor. The application shall include a brief narrative of the proposed .activity_ and. a sketch of the proposed site plan.. Within 10.working. days., at~er the application is filed, the.., staff shall hold a pre-application conference with the applicant. The staff that., is r. equired to.. atte. nd shall be determined by the C...ommunit¥ Developme. nt Director,. .Wit..hin .five., working days. aR. er t. he ,pre, provide in... wri.ting, the.. issues .that. shall be addressed, in the..site pla,, a~pproval application. ~ A lication for a roval of a full site lan is filed with the Community Development .Department on a form. prescribed by th~ _Community Development. Director. Five c. opies of the. appli.cation and all supporting information shall be included. ~The Communit Develo ment Director shall distribute the ,application and supporting information to the. appropriate staff fo, review and comment The staff c.an include outside agencies... ~The Communi Develo ment Director shall summarize the staff's comments and make..a recommendation to ,the Plan~.'.ng and Zoning Commission ...The applicant shall provide eleven copies of the final site plan for. distribution The Plannin and Zonin Commission shall hold a ublic hearin with du.e notice ..and s. hall approve, appr.oye with conditio, ns, or deny the application for a. full site plan approv~ The action of the Plannin and Zonin Commission can be a ealed .to the City C.ouncil..Such an appeal shall be. filed with the Citx Clerk within, ten .working days .after ..the.. act. ion of the P..lan.ning and Zoning ~Commiss~ion The request for an appeal shall includ~e informatio.n co.n. cem. ing .the .disputed i.ssues of the Planning and Zoning Commission's decision. The City Clerk shall place the request for an appeal on the next available City Council agenda. The City Council review shall be based on the record. A.~t~lication procedures for Administratively Approved Site Plan. 1. Application for approval of an administratively...approved site plan is filed with the Community..Development Depa.rtment on a form prescribed by the CommuniW Deye. lopment Director. Five copies of the application and all supporting information shall be included. The applicant shall provide a site plan showing th..e existing.and proposed improvements, a generalized floor plan, location and description of all signs, p~..ki.'ng and landscaped areas. 2. The Community Development Director shall distribute the application and supporting information to the a. ppropriate staff for review and comment. The staff can include outside agencies 3. The Community Development Director shall approve, approve with conditions, or deny the application for an administratively approved site plan approval. 4. The action of the Community Development Director can be appealed to the Plannin~ and Zoning. Commission Such an aPpeal must be filed with the Community Development Department within ten working days after the Community ...Development Director action. The request for an appeal shall include information concerning the disputed issues in the Community Development Director's decision. The Planning and Zoning Commission mag request additional information from the applicant or staff Minor Modification qf an Ap_proved Site Plan. 1. A minor site plan modification is defined as an existing approved site plan that is being modified for any redevelopme..n.t, renov..ation, or reconstruction that: a. involves the addition of parking, spaces that does not exceed twenty-five percent, inc.l~uding fractions thereof, of the.. total number of existing parking spa..c..es, or five spaces, w...hichever is the greater amount; b. involves an addition, a..gached or detached, to a building which does not increase the floor area in excess of one thousand square feet: c. involves the installation of utility system including buildi..n.g.s which do not exceed square feet. d. involves the addition ornamental structures; improvements two hundred of awnings, canopies or other redesign or..~different.., location of pools, parking modifications in stairs terraces and fencing. A minor modification will not significantly increase stormwater runoff' or traffic generated by..t.he use at the site. sp. aces, drives and driveways; . or or elevation of decks, porches, 10 Procedures. a. Application for approval of a minor site plan modification is filed with the Community Development Department on a form prescribed by the Community Development Director. Two copies of the site plan showing the existing conditions and ..~..h...e proposed modifications shall be provided with the' application. The Community Development Director shall distribute the application and supporting information to the app. r.o..priate staff for review and comment. The staff can include_ outside agencies. The Communi~ Development Director shall approve. approve with conditions, or deny the application. The Conununity Development Director shall report the action on each minor site plan modification ap.plication to the Planning and Zoning Commission for the record at the its next meeting The action of the Communi~ Development Director can be appealed to the Planning and Zoning Commission. Such an appeal must be filed with the Community_ Development Department within ten working days after the Community Development Director action. The request for an appeal shall include information concerning the......disputed issues concerning the Community Development Director's 11 decision. The Planni..n.g and Zoning Commission may request additional information from the applicant or staff. Ma/or Modification qf an Approved Site Plan. 1. A ~major site plan modification is defined as an existing, approved site plan that is being modified for any redevelopmen, t, renov..ation~ or reconstruction .that a. involves the addition of parking spa.c..es that_...exceeds twenW- five perce.n,t, includingfractions thereof of the total number of existing parking space.s,, or five s. paces, .w. hichev.e.r is the gr..eater amount; b. involves an addition, attach..ed or detached, ...to a building which increases the floor area in excess of one thousand square feet; c. involves the installation of utility s~..s.tem improvements, including buildings, which exceed two hundred square feet. 2. Procedures. a. Pre-application conference (mandato~). The appli.¢ant shall file an application for a pre-application conference with the CommuniW Development Director on a form prescribed by the Community D. evelopment Director. Included with the application shall be a brief narrative of the proposed activity and a sketch of the proposed.,., site plan modifications. Within 10 working d.a. ys after the application i.s. filed, ... the 12 bo staff shall hold a pre-application conference with the applicant. The staff that is required to attend shall be determined by the Community Development Director. Within five working days after the pre-application conference, the Community Development Director shall provide in writing, the issues that shall be addressed in the major site. plan modification approvalapplication. . Application for approval of a ma_ior site plan modification is filed with the Community Development Director on a form prescribed by the Cornmu.ni.'.ty Development Director. Five copies of the site plan showing the existing conditions and the. proposed modifications shall be provided with the application, The Community_ Development Director shall distribute the application and supporting information to the appropriate staff for review and comment. The staff can include outside do agencies. The Community Development Director shall summarize the staff's comments and make a recommendation to' the Planning and Zoni.n_g Commission. The applicant shall provide eleven copies of the final site plan modification for distribution. 13 The Planning gnd Zoning Co. mmis. sion...shall, hold a public, hearing ..with due notice and shall approye, approve with conditions, or deny the applic.ation ..for a major site plan modification approval, The action of the Planning and Zoni.ng Comm. ission can be a~_ pealed to the City Council. Such an appefl shall be filed with the City_ Clerk .within ten worldn_~ days a~...er the action of the Planning and Zoning Commission: The request for an a~_peal shall include information conceding, the .disput. ed issues in theplanning and ZoningCommission's decision. The Ci.ty Clerk shall place ,the r. eques..t for .an appeal .on th~ next available City_ Council agenda, The City_ Council review .shall b.e based.on t. he record. K. Phasing. A site_plan may.be phased..The i,nitial,.conditions, final site., plan and each phase shall be depicted on separate sheets .A.. binding .schedule for the completion of each phase shall be included. Each phase .or combination of phases shall meet the. requirements of this code Section 2. Section 20A-10.2. of the Land Development Code, City of Sebastian, Florida is hereby mended to read as follows: Sec. 20A-10.2. Considerations in reviewing site plans. The planning and zoning commission shall not approve a full site plan or major modification of a site plan nor shall the Community_ Development Director approve an administratively approved site 14 plan or minor modification of a site plan unless a finding is made that such site plan conforms to all applicable provisions of this zoning ordinance and its amendments: Section 3. Section 20A-10.2.L. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: L. Additional considerations. The planning and zoning commission or the Community Development ' ~:~ ....... ;~ T . D1rector,,~j ........may require additional information be provided by the petitioner for site plan review in order to carry out a review process which is necessary to fulfill the purpose, intent and spirit of this chapter. Section 4. Section 20A-10.3.14 of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: 14. The applicant for full site plan review may, at the applicant's option, submit a preliminary site plan sketch indicating a general idea of how the applicant proposes to develop the parcel for review by the Planning and Zoning Commission. Upon tentative approval by the Planning and Zoning Commission of a preliminary site plan sketch, the applicant shall then proceed to have a detailed site plan prepared in accordance with the requirements of this section. In no event, however, shall the tentative approval of a sketch by the planning and zoning commission be deemed to provide the applicant with vested rights in the preliminary site plan sketch or with respect to any land use suggested therein. 15 Section 5. Section 20A-10.4. of the Land Development Code, City of Sebastian, Florida is hereby mended to read as follows: Section 20A-10.4. Approval, disapproval and appeal procedure. A. Approvalprocedure. Upon the approval of_a. sueh site plan by the planning and zoning commission or the Community. Development Director, a building permit may be issued pursuant to subsection 20A-10.4_~) by the city building official. Notwithstanding, any applicant for site plan approval, or any other aggrieved person having an interest therein, may file an appeal to the city council to review the action of the planning and zoning commission pursuant to Section 20A-11.3.C.4. ~ach app!ieat4o~-fo~impta~appmvalwwhieh-appea! -T4ae-c~ouaeit~hereupomset-a-d~a--pubtio-headag-with regar~t to-such sh~ ,er-- ~ ' -par6e~~hHo In the event of an appeal of the Community De_v_elopment Dir..ectors actig_.n.~ the applicant or other.a~grieved party may file an appeal at the., Community Development Department within ten ]0~_~}__.d. ays of the action of the Community Development Director. The Community Development 16 Director shall place the matter on the Planning and Zoning Commission a~genda as expeditiously as possible. The Planning and Zoning Commission shall hold a public heating with regard to such appeal and thereupon render its decision. -ru~ a~:~:^,, ,~,',u,~ ~, ........ :~ ~, ~,~ B. Timing of the release of building permits. No permits shall be granted by the building official until the time for appeal to the city council from the decision of the planning and zoning commission or to the Planning and Zoning Commission from the decisions of the Community.. Development Director, as herein provided shall have expired. When such an appeal is filed, no such permit shall be issued until after final determination of such appeal has been made by the city council or the Planning and Zoning Commission. Appeal to the courts shall not bar the issuance of permits unless the court grants an injunction. C. Disapproval procedure. If the planning and zoning commission denies a site plan approval, it shall specify the reasons said plan was denied with specific reference to those sections of the applicable city ordinances on which said denial was based. No reasons other than those so stated shall be presented to the city council or to the court ~y Section 6. Section 20A-10.5. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: 17 Sec. 20A-10.5. Termination, extension and transferability. Whenever site approval shall have been granted, it shall not be considered to run with the land. The site plan approval shall terminate twelve (12) months thereafter, if construction has not been started as evidenced by thc pouring of footings by said termination date. One eExtensions~ for a period_up to t~elve (!.2) mon. th~ may be made by the Plannin~ and Zoning Commission -: -, ' ........ t., c,c,u,~al at its discretion. Site plans approved odor to July 9~...1..9..97 shall be en.ti.t.l.ed to apply for one extension, for a period up. to twelve (!2~ months, within tw.e_!y.e (!2) months ~om the dat$ of the most recent prior approval.. .The applicant shall file an application requesting such an..extension with the Community Development Department on a form prescribed by the Community Development Director. Said anplication shall be filed with the Communi~ Development Department thirty days prior to the expiration date of the site plan. Failure to file the required extension within the requ. i.rcd time period or failure to perform any construction .on the approved site., plan during the preyious six months shall be considered to be an abandonment of the s. ite plan. After an abandonment of the site pl..an, any app!i~cation shall be treated as a new application. Phased site plans are subject....to.~the same r..equirements for each phase. ~In the event the property receiving site plan approval shall be sold, transferred, leased, or the ownership thereof changes in any way whatsoever, the site approval may be transferable ........... ~ "" '~'~ ~; .... '~ -^':"~ c~m~;~i~ with no additional time prior to required commencement of construction. Section 7. CODI17ICATION. 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 a part of the Land Developmem Code of the City of Sebastian, Florida, and that the sections of 18 this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section8. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 9. SEVERABII,ITY. If any clause, section, or other part or' application of this Ordinance 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, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 10. EFFECTIVE DATE. This Ordinance shall become effective upon adoption. PASSED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS __ DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS __DAY OF ,1997. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember 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 R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan 19 The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1997. CITY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor ATTEST: Kathryn M. O~Ialloran, CMC/AAE Approved as to Form and Content: Valerie Settles City Attorney 20 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589~5330 o FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, JUNE 18, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is a/lowed at a Workshop, un/ess approved by consensus of City Council at the beginning of the V~orkshop. Substantive decisions may not be made at Workshops (in accordance with R-97-21). 1. Mayor Barnes called the workshop to order at The Pledge of Allegiance was recited. 3. ROLL CALL Ci~ Council Present: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Mrs. Ruth Sullivan City Manager, Thomas Frame City Attomey, Valerie Settles City Clerk, Kathryn O'Halloran Director of Conununity Development, Bob Massarelli Deputy City Clerk, Sally Maio 97.026 WORKSHOP ITEMS Proposed Ordinance No. O-97-17 - Site Plan Procedures - Referred from June 11, 1997 Regular 1 Meeting for Further Review (Director of Community Development Transmittal 6/11/97, Revised Ordinance to be Distributed 6/16/97) 97.112 3~34 Proposed Parking Ordinances (Director of Community Development Transmittal 6/11/97, Proposed Ordinance) 5. Being no further business, Mayor Barnes adjourned the workshop at CITY COUNCIL AGENDA PACKET WEDNESDAY, JUNE 18, 1997 WORKSHOP- 7:00 P.M. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, JUNE 18, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by consensus of City Council at the beginning of the Workshop. Substantive decisions may not be made at FFork~hops (in accordance with R-97-21). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. WORKSHOP ITEMS 97.026 A. 1 Proposed Ordinance No. 0-9%17 - Site Plan Procedures - Referred from June 11, 1997 Regular Meeting for Further Review (Director of Community Development Transmittal 6/11/97, Revised Ordinance to be Distributed 6/I 6/97) 97.112 B. 3-34 Proposed Parking Ordinances (Director of Community Development Transmittal 6/11/97, Proposed Ordinance) 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH RESPECT TO ANY MA TTER CONSIDERED A T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROC~tZDINGS AND MA Y NI~g'D TO ENSUt~, THAT A VERBATIld RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIg40NY AND EVIDENCE UPON ;FttlCH THE APPEAL IS TO BE HEARD. (286. 0105 F..S.) IN COMPLIANCE WITH THE AMERICANS WITH DISA~IIdTIES 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. Upcoming .City Council Meetings: Workshop - Wednesday, June 18, 1997 ~ 7pm Council Wish List Workshop - Tuesday, June 24, 1997 ~, 7pm Regular Meeting- Wednesday, June 25, 1997 ~ 7pm City of Sebastian, Florida Subject: Workshop on 0-97-17 Approved for Submittal by: Agenda No. 9'7- 0 2.(.0 Department Origin: Community Development Date Submitted · June 11, 1997 For Agenda of: June 18, 1997 draft ordinances O-97-17~/(~-~ ~E E~E~I~ ~0~ B~GE~D: ~Q~D: None None APPROPRIATION REQUIRED: None SUMMARY The City Council has requested a workshop on 0-97-17. Attached is a draft revised by the City Attorney and the Community Development Director. RECOMMENDED ACTION Review and provide comments to the staffon O-97-17. Subject: Workshop on Parking Ordinance Approved for Submittal by: City of Sebastian, Florida draft ordinances O-97-XX and~JO-97-ZZ Agenda No. Department Origin: Comm~3(fity Development Date Submitted · June 11, 1997 For Agenda of~ June 18, 1997 EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUh,tMARY The City Council has directed the staff to review the parking ordinances of the City to address several issues. The staff has drafted two ordinances to address the issues identified by the council in previous workshops. These drafts are attached for your information. These drafts include comments of the Planning and Zoning Commission and the Code Enforcement Board. RECOMMENDED ACTION Review and provide comments to the staff on the draft parking ordinances. Draft 06/11/97 ORDINANCE NO. O-97-XX AN ORDINANCE OF ~ CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, AMENDING CIIAFrER 98 OF ~ CODE OF ORDINANCES RELATING TO PARKING REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. WItE~S, the City Council of the City of Sebastian, Florida, desires to amend the Code of Ordinances relating to parking regulations; and Wg'EREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TI~REFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF ~ CiTY OF SEBASTIAN, FLORIDA, THAT: Section 1. Chapter 98 of the Code of Ordinances is amended as follows: Article I. In General Sec. 98-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: .-1~.4:~q,~l ~r ~+h~.-;~ 1~1.4 1~ +~.o+ G.. ~I.~ M+~..cAr +I-. .... Vehicle means any vehicle defined by section 316.003, Florida Statutes. ~ Draf~ 06/I 1/97 ~ Sec. 98-2. Adoption of Florida Uniform Disposition of Traffic Infractions Act. There is hereby adopted by reference the Florida Uniform Disposition of Traffic Infractions Act, F.S. ch. 318, which shall be in full force and effect in the city. Sec. 98-3. Obeying traffic control signs. No person shall fail to observe and follow all traffic signs including speed, direction, caution, stopping, parking or standing, and all other posted signs for the proper control of vehicles. Sec. 98-4. Driving onto medians, shoulders, etc. No person shall ride or drive any vehicle on the land areas that separate paved streets, roads or highways such as islands or similar land areas. No person shall ride or drive any motorized vehicle on the sof~ shoulder of any paved road, except as is necessary to get the motorized vehicle on or offthe road into a driveway or at an intersection. Sec. 98-5. Operation on public school grounds. No operator of any motor vehicle or moped on any public school grounds within the corporate limits of the city shall: (1) Fall to obey all traffic signs indicating speed, direction, caution, stopping, parking, parking hours, and all other restrictions posted for control of motor vehicles or mopeds; or Drafl 06/i 1/97 (2) Drive any motor vehicle or moped on any area except roads or designated parking areas, or such other areas as may be specifically designated as temporary parking areas by the chief of police or his designee. Sec. 98-6. Limit on gross weight of vehicles; enforcement. (a)' The gross weight imposed on the streets of the city by the wheels of any one axle of a vehicle shall not exceed 20,000 pounds. (b) Any officer of the city having reason to believe that the weight of a vehicle and load is unlawful, is authorized to require the driver to stop and submit to a weighing of the vehicle either by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales for weighing. Sec, 98-7. Penalty for violation of chapter; enforcement. (a) Penalty. Any person who shall violate or fail to comply with any of the provisions of this chapter, or who shall counsel, aid or abet any such violation or failure to comply, shall be deemed guilty of an offense and shall be punished by a fine as set forth in chapters F.S. cha: 316 and 318, F.S., as presently constituted or as hereafter amended. (b) Enforcement. It shall be the duty of the police department to enforce the provisions of this chapter. See. 98-8. Designation of one--way streets. The city council may provide for one-way traffic on city streets by enacting a resolution in each instance to provide for such one-way designation. The city clerk Draft 06/11/97 shall keep a permanent record of any such one-way changes. Upon enactment of any such resolution, the pub~lic works police department shall enact proper signals to indicate such one-way designation pursuant to the Uniform Manual of Traffic Control Devices. Sec. 98.9- 98.30. Reserved. ARTICLE II. STOPPING, STANDING AND PARKING See. 98-31. Parking on right-of-ways, beexzen hoa ...... A .Except as p[gvided below, no yehicle_ may .be parked., on any street drainage, or utility right-of-way in,...the city limit, s. of Sebastian... Any vehicle parked on any street, drainage, o,r utility.tight-of-way which is not removed within twen~-four hours after a notice, requiting removal, has been posted on the vehicle by a police officer will be towed., and stored at the owners ex_~_pense. B. Exceptions: 1. The City Council by resolution ma,/ designated rights-of-way .o.r portion~ of rights-of-way for on-street parki.'ng. 2. An exception to the above provisions may be ~anted .t.o a r~sident with extraordinary parking requirements The Police Depa..rtment shall maintain a ,p~king registratio, n log. .Residents with extraordinary parking requirements may re~ster w~th the po!ic~ department for an exception to the requiremen,ts o.f. this .secti.on, in. order to permit short term parking on a rieht-of-way. Extraordinary_ events include out-of-town visitors, funeral Draft 06/11/97 gatherines, etc. The log ~hall include, but not be limited to, the name and address of the resident making the request,...estimat, ed number of vehicles and dates of the extraordina.ry event. All vehicles shall be removed with ,twenty-four hours following th.e end of the extraordinary, event. The vehicles shall be parked in a manner which does not create a hazard to the public. 3. Moving vans, delive~ vehicles and contractor/service vehicles including lawn service vehicles when the owner/operator of the vehicle is loadin~ or unloading progerty or pa~sseng.e, rs, working at, or making a deliv~e~,t,0.L.a lot adjacen~t to the right-ofrway 4. Vehicles reeistered to a federal, .state, cou..nt~ or.. city .agency includingeme~ency vehicles and vehicles re~s!ered .to a public utili~.? .hi.'!e performin~ activities normally associated with the use of those vehicles. C. No vehicle displaying a "for sale" sign rnay be parked on ag..¥ street ri~t-of- D. No truck or van with a rated carrying capadty of over one ton shall be parked on any street r(e~t-of-wa~v.,. See. 98-32. Verbal notice of unsafe parking refusal to obey. When the parking of a vehicle interferes with the safety of the general inhabitants of the city and a police officer has determined that the vehicle is so parked, he shall Draft 06/11/97 make a reasonable eve~ effort to notify the owner or ,operator flfive~ of the vehicle, giving the owner or operator dd~e~ the opportunity to remove the vehicle from the parking location. If the owner or driver refuses to remove the vehicle from such a location after notification by the police officer or if the owner or .operator cannot be located, the vehicle shalll he towed and stored at the owner's Sec. 98-2t3. Parking on public school grounds. No operator of any motor vehicle or moped on any public school grounds within the corporate limits of the city shall park such motor vehicle or moped in other than established or designated parking areas. ~,,.~q'"'. 98-34. Reserved. ~.t.:  T2'4~1~,~4~ T+ ~1.,~11 1-, .... 1~,~...g,I ~,,./ ~,,~.1~I~+;~ ,.xg +1,,~ ~,...~,~: ,,e +1,,;., Draft 06/11/97 Sec. 98-35. Reserved. ]),,_t.~ j ~ I~;~.1~;~ I+ ~h~11 1.~ ~.nl~...-lg,1 ...I .~ .,;~i.+;~ ...,ff +K~ ' ' ~' +h;.. .......................... Draft 06/11/97 Section 98-36 Reserved. P-ar-ldng-in-R~dentiatzDista%ts-and-en c,.._., · Draft 06/11/97 Sec. 98-37. Disabled Parking No vehicle shall be parked in any parking space designated with the intemafional ~symbol of accessibility_ or the caption "Parkin_~.~By Disabled Permit Only," or with both such sTmbol or caption, unless ach vehicle displays a ~permit or license plate issued pursuant to F.S. ~ 316.1958, 320.084, 320.0842, 320.0843, .,_0.0845, or 320.0848 and such vehicle is transoortinv,_a pets.on eli~b!e for such,...a, license plate or parkingpermit. However, any_person who is chauffeuring, a disabled person shall be allowed, ~,.thout need for an identification parking permit or special license plate, momentary parking in any Draft 06/11/97 ach varking t)lace for the pu~ose of loading or unloading a disabled person. No penalty shall be imposed upon the drive for such momentary parking. B. Whenever a police officer finds a vehicle in violation of this section, that. officer shall make a reasonable effort to noti/~? the owner or driver of the vehicle. _~g the owner or driver of the vehicle the opportunity to remove the unauthorized vehicle from the designated .disable parking space., The .police officer ma_v have the vehicle towed and stored at the owners exp_ ense. The 9perator or other person in charg.e, of the vehicle in vi.'o!atlon shall be charged with a noncriminal traffic violation as .provided in sect. ion 316 008(4), F.S. or 318.18(T). F.S. Sec. 98-38 - 98-50. Reserved. ARTICLE Eli. NONMOVING TRAFFIC INFRACTIONS Sec. 98-51. Purpose. It is the intent of the city council in the adoption of this article to decriminalize the violations of the stopping, standing and parking provisions in articles I and II of this chapter, thereby facilitating the implementation for the disposition of municipal nonmoving traffic infractions. Sec. 98-52. Definitions. The following words and phrases where used in this article, shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: Cited means to notify a person that he has been charged with a municipal noncriminal infraction and must comply with the provisions of this article. 10 Draft 06/11/97 It~action means a municipal noncriminal violation which is not punishable to incarceration and for which there is no right to a trial by jury or a court appointed counsel. Officer means any law enforcemem officer charged with and acting under his authority to an'est persons suspected of, or known to be, violating statutes or ordinances regulating traffic or parking or the operation of equipment or vehicles. The term includes any individual employed by the police department who is acting as a parking enforcement officer without arrest powers. Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers as may be permitted under this chapter. Sec. 98-53. Municipal noncriminal traffic infractions; purpose. (a) Any person who violates a provision of article I or II of this chapter regarding a vehicle found parked, stopped or standing shall be deemed to have committed a municipal nonmoving and noncriminal infraction and shall be cited for such an infraction. (b) Whenever any met-or-vehicle with a driver therein or thereby is found parked, stopped or standing in violation of any of the provisions of article I or II of this chapter, the officer finding the vehicle shall deliver to the driver therein or thereby a traffic citation or notice in writing on a form provided therefor. 11 Dral~ 06/11/97 (c) (d) (e) Whenever any mctcr vehicle without a driver therein or thereby is found parked, stopped or standing in violation of any of the provisions of article I or II of this chapter, the officer finding the vehicle shall take its license number and may take any other information displayed on or by the vehicle which may identify its owner or operator, and shall conspicuously affix to the vehicle a traffic citation or notice in writing on a form provided therefor. Whenever a citation has been issued, the owner or driver of the vehicle must answer the citation or notice within 72 hours of the issuance of the citation or notice, during the hours and at the place specified in the citation or notice, or mail a check or money order as payment for the penalty by U.S. mail. If such procedure is followed within 72 hours, the penalty for a violation of the parking, stopping or standing provisions of article I or II of this chapter is $2.00, except for violations of no-parking provisions, in which case the penalty is $10.00. If the operator or owner of the vehicle cited for violation of any of the stopping, standing or parking provisions of this chapter does not deliver or mail a check or money order in timely response to the citation or notice delivered or affixed to the vehicle pursuant to this article, within a period of 72 hours, the police department shall mail to the registered owner of the vehicle to which the citation or notice was affixed, a letter to inform the owner of the violation and that the owner must deliver or mail a check or money order in response to such notice or citation within seven days of the 12 Dra/t 06/11/97 (f) date of such letter, and that the penalty for the violation is then $4.00, except for a violation of a no parking provision, in which case the penalty is then $15.00. If the registered owner fails to pay the proper penalty in full within the seven days fi.om the date of such letter, or fails to request a hearing within such seven days in the manner provided in subsection (i) of this section, written notice of the violation shall be sent by mail to the registered owner of the vehicle in the name of the traffic violations bureau of the clerk of the county court, Indian River County, Florida. The form of the notice shall be substantially as follows: You are hereby notified that a citation or notice, numbered , has been issued against the following vehicle registered in your name, to wit: (list the motor vehicle license nUmber and a brief description of the vehicle). Pursuant to the Code of Ordinances of the City of Sebastian, Florida, chapter 98, you have ten days from the date of this notice to tender payment of $10.00 ($20.00 if the violation is a no-parking violation). If the payment is not made in full within the time specified above, a summons for you to appear for a hearing before a county court judge, based on a sworn affidavit, will be issued. At the hearing you must answer to the charge and the court will determine whether or not the cited infraction has been committed, if /3 Draft 06/11/97 (g) (i) (J) the commission of the infi'action is proven, the county judge may impose a civil penalty not to exceed $250.00. Such notice mailed by certified or registered mail to the registered owner or the address shown on the vehicle registration shall be sufficient and equivalent to notice having been received by the registered owner. If the person notified fails to pay the proper penalty in full within the time' stated, or fails to request a hearing in the manner provided for in subsection (i) of this section, the clerk of the court, based on a sworn affidavit, shall issue a summons to appear directed to the registered owner of the vehicle. Failure to appear at the specified time and place shall be deemed a contempt of court, which contempt may be punished as provided by the laws of Florida. If the registered owner or operator of the vehicle pays the penalty prior to a finding by the court of an infraction, such payment shall admit the infraction and shall waive any fight to a hearing or any appeal. Such admission shall not be used as evidence in any other proceedings. Any person cited for an infraction may elect to appear before a county judge by requesting a hearing in writing. Such request shall be made at the place specified in the citation or notice. Such request must be made before a summons to appear is issued. Any person electing to appear before a county judge, or who is required to appear, shall be entitled to a hearing to determine whether or not the cited infraction has been committed. If the commission of the infraction is found 14 Draft 06/11/97 to have occurred by the court, the county judge may impose a civil penalty not to exceed $250.00. (k) The commission of a charged infraction at a hearing under this article must be proven beyond a reasonable doubt. (1) If the cited infraction is found to have been committed, the violator may appeal the judge's finding to the circuit court. Sec. 98-54. Evidence of identity of violator. (a) In any prosecution char~ng a violation of any provision of this chapter governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the citation or notice was stopped, standing or parked in violation of any provision of this chapter, together with proof that the operator of the vehicle was not present at the time that the citation or notice was affixed to the vehicle, or was present but did not identifij himself as the operator, the individual, corporation or other entity in whose name the vehicle is registered shall be held prima facie responsible for the cited violation. (b) The provisions of subsection (a) of this section shall apply only when the notice or citation provisions for delivery or affixing the notice or citation to the vehicle have been followed. Section 2. CODIFICATION. 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 a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of 15 Draft 06/11/97 this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section3. CONFLICT. Ail other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section4. SEVERABILITY. If any clause, section, or other pan or 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, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIl. OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF L. ~, 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS __ DAY OF ,1997. The foregoing Ordinance was moved for The motion was adoption by Councilmember 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 R. Cam~ght Councilmember Larry Paul Councilmember Ruth Sullivan 16 Draft 06/11/97 The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1997. CiTY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor ATTEST: Kathryn M. O~qalloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles City Attorney 17 Draft 06/11/97 ORDINANCE NO. o-g7-zz AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PARKING; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Flodda, desires to amend the Land Development Code relating to parking; and WHEREAS, the City Coundl of the City of Sebastian, Flodda, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1~. Sec. 20A-5.16. is. hereby amended to read. Sec. 20A-5.16. Mobile homes, travel trailers, recreational vehicles. A. Definitions. 1. campers, boats, trailers, and Mobile home. A single- or multiple-family dwelling as described in section 20A-3.7(B)(1) of the Land Development Code. Travel trailer. A portable structure built on a chassis as described in section 20A-3.7(B)(2) of the Land Development Code. Camper. (a) A trailer or a semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently) and is equipped for use as a conveyance on streets and highways; or Draft 06/11/97 (b) Any motor vehicle which is designed, constructed, or modified, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently); or (c) trailer or a semitrailer, the chassis and extedor shell of which is designed and constructed for use as a camper, as defined in subparagraphs (a) or (b), but which is used instead, permanently or temporarily, for the advertising, sales, display, or promotion of merchandise or services. Boat. Ey.ery.. description of self-propelled watercraft used or capable of beinq used as a means of transport on water includin_n. all b/Des of boats and uses thereof. As used herein, the term boat or vessl are synonymous with watercraft A .... + ..... ~+ oo ~-i~. Trailer. Any vehicle, with or without motor power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle. Recreational vehicle (RV). (a) Any travel trailer, camper, boat, or trailer as defined herein. (b) If a boat is mounted on a trailer designed for the transport of such boat, then such boat and trailer shall be deemed to be a single RV. (c) A travel trailer, camper or trailer in tandem with one or in any other combination shall not be deemed to be a single 2 Draft 06/11/97 RV, but rather each separate travel trailer, camper or trailer shall constitute a separate and distinct RV. 7. Pdmary front yard. The yard of an improved comer lot which is located between the side of the structure facing the street where the pdmary entrance is located and the street. 8. Secondary front yard. The yard of an improved comer lot which is located between the side of the structure facing the street where the pdmary entrance is not located and the street. Mobile homes prohibited. No mobile homes shall be permitted in any zoning distdct except the R-MH or RMH-PUD Districts. Parking and storage of recreational vehicles. Recreational vehicles as described herein may be parked, stored or placed on any improved lot in any residential district, provided that: 1. The recreational vehicle is owned by the person residing on the sameqmpmved lot on which the recreational vehicle is located. 2. Except as provided in paragraph (13) (section 20A-5.16(C)(13)) and 20A-6.1.14b.(1), the recreational vehicle is not used for residential, office or commercial purposes. 3. The recreational vehicle is not used for sleeping, housekeeping, or living quarters while parked on any improved lot. The attachment of one or more wires between the recreational vehicle and any electrical power outlet in a residence shall be pdma facie evidence of housekeeping. An ou~t.-p.f-town vistor may park a recreational vehicle in the ddveway for no more than two weeks ever~-thirt"v' 'd'a~]~. - 3 Draft 06/11/97 ~ The recreational vehicle is located to the rear of the front building line, and in no event less than twenty-five (25) feet from the front lot line, or is located wholly within a carport or garage. Notwithstanding the foregoing sentence, with respect to locating recreational vehicles on the secondary front yard of an improved comer lot, the recreational vehicle need only be located behind the front yard setback for such improved comer lot and need not be located to the rear of front building line for the secondary front yard. The recreational vehicle is not located within any road, draina_.q.~. or utility right-of-way. In the event that the recreational vehicle is a collapsible camping trailer, the trailer must be stored in the collapsed state. The recreational vehicle must bear a cun'ent ~ of Flcdd~ registration. The recreational vehicle, other than a utility trailer or a cargo trailer, shall not exceed thirty-six (36) feet in length. The recreational vehicle which is a utility trailer or a cargo trailer shall not contain a cargo box in excess of exeeed fourteen (14) feet in length. No more than two (2) recreational vehicles shall be permitted on any ene-h:RCmved-lot outside of a enclosed .qara~e. -whese~area 4 Draft 06/11/97 10. 13. Commercial trailers and boats. Notwithstanding any prohibition inferred in any previous paragraphs contained in this subsection (C) of section 20A.5.16, trailers and boats utilized for commercial purposes may be kept on real property located in a residentially zoned distdct owned by the person who also owns the trailer or boat if the following provisions are complied with: (a) One (1), but not more than one(l), commercial utility or cargo trailer, that does not exceed fourteen (14) feet in length and eight (8) feet in height, may be parked on any improved lot located in any residential distdct if it is parked in accordance with the other provisions of subsection 20A-5.16(C) and its is substantially screened by either vegetation or a six (6) foot stockade type fence from the Draft 06/11/97 Do view of the adjacent property: e;:,",e;: ,,r I .......,~ ~,,,.~, (b) One (1), but not more than one (1), boat used for commercial purposes, not exceeding thirty-six (36) feet in length, may be parked or stored on any improved lot located in any residential district, if there is no unloading or loading of any material, fish or shellfish when located in the residential distdct and the boat is substantially screened by either vegetation or a six-foot stockage type fence from the view of the adjacent property owners or lessees and from the view from the public al§hr-of-way. For the purposes of the restrictions set forth in paragraphs (9) through (12) of this subsection (C) of section 20A-5.16, a commercial trailer or a commercial boat shall be counted as one (1) recreational vehicle. Temporary trailers. Trailers used temporarily in connection with construction as a dwelling, office, salesroom, or security headquarters may be located temporarily in all zoning districts only after a building permit has been issued and dudng the pedods of construction activity, under a temporary zoning permit; provided, however, that any such trailer must be removed within ten (10) days after completion of construction or after the issuance of a certificate of occupancy, whichever first occurs, that all setback..s, are compl.ied with and all utilities, including water and sewer are provided. Draft 06/11/97 E. COR Zoning District. For the purposes of this section, the Commercial Office and Residential Distdct (COR) shall be deemed to be a residential district. Section 2. Sec. 20A-5.16.1. is amended as follows. Sec. 20A-5.16.1. Large trucks and heavy equipment. A. Definitions. As used herein, the following terms shall have the meanings herein stated unless the contract requires otherwise. (1) Road tractor means any motor vehicle designed or used for pulling semi-trailers, trucks, or other road tractors. (2) Semi-trailer means any vehicle with or without motive power designed for carrying freight and which is drawn or pulled by another vehicle. This does not include recreational trailers. (3) Heavy equipment means vehicles, machinery, or other heavy items that are only incidentally operated upon or moving over roads or highways, including but not limited to the following items: ditch-digging apparatus, well-boring apparatus, road construction machinery, asphalt spreaders, bituminous and other mixers, bucket loaders, tractors, ditchers, leveling rollers, earth moving equipment, carryalls, scrapers, power shovels, draglines, craines, forklifts, and all other somewhat similar items. Zoning districts where prohibited. It shall be unlawful for any person, either as owner, agent, occupant, lessee, tenant, landlord, or otherwise, to park, store, deposit, or to cause or allow any parking, storage, or deposit on any real property zoned as RE-40, RS-20, RS-15, RS-10, RM-8, RM-12, R-MH, PUD-R, PUD-MH, or COR, or any property then Draft 06/11/97 being used for residential use however zoned, any road tractor, semi- trailer, heavy equipment, or heavy truck. Exceptions. The restrictions of this section shall not apply to: (1) All other zoning districts unless the parcel of land is then actually being used as single-family use.. (2) Real property where construction is underway pursuant to a valid building permit and the items otherwise prohibited are being utilized for such ongoing construction. (3) The item otherwise prohibited is being loaded or unloaded. (4) Personal vehicle such as van, pickup truck or paneled truck, provided each such vehicle has a maximum carrying capacity not to exceed one (1) ton. (5) A reasonable number of such small trucks necessary to carry on then permitted commercial uses in the COR zoning district. The number of such trucks shall be established by the planning and zoning commission. (6) Emergency parking of such prohibited items provided such emergency parking is removed within forty-eight (48) hours of the start of the emergency. (7) Such items being utilized by any governmental entity for a legitimate purpose. (8) Vehicles not to exceed one (1) ton parked within an enclosed garage. Penalty and enforcement. 8 Draft 06/11/97 (1) (2) Section 3. Sec. 20A-6.1.14. (1) The owner or operator, or both, of any item that is parked, stored, or deposited_in violation of this section shall be guilty of a noncriminal violation in accordance with Chapter 316, Flodda Statutes. No person shall allow or suffer any prohibited item to be parked, stored, or deposited in violation of this section. Home occupations: All activities pertaining to the home occupation that are to be performed at the dwelling (the "premises") shall be carded on entirely within the dwelling located on the premises and only by members of the family permanently residing therein. No person, other than the members of the family permanently residing in the dwelling on the premises, shall engage in any activities in furtherance of the home occupation at the premises. No persons shall be employed by the owner of the business seeking approval of the home occupation (other than as an address of convenience) except individuals who are members of the family permanently residing in the dwelling located on the premises where the home occupation is to be situate. No more than one (1) commercial vehicle shall be kept or parked at the premises in connection with such home occupation, and any such vehicle shall not have a carrying weight in excess of~,'~n~',~...,~[~ +~. ....... .~,~'*"'* ~v,~.,~'~ ~'~ "~ ." ton nor exceed twenty (20) feet in length. The parking or storage of commercial trailers and the storage of commercial boats shall be done in compliance with the provisions of section 20A-5.16(C)(13) of the Land Development Code. Draft 06/11/97 Materials or equipment associated with the home occupation may be stored within an enclosed compartment of the commercial vehicle or trailer. No home occupation shall occupy more than twenty (20) per'cent of the first floor area of the dwelling constituting the principal residence exclusive of the area of any open porch or attached garage or any other space not suited or intended for occupancy as living quarters. All storage of materials, supplies and inventory at the premises related to the home occupation shall be located within the area of such twenty (20) percent, and such storage shall not compdse an area exceeding one hundred (100) square feet. No vehicles or equipment shall be stored at the premises other than with respect to the one (1) commercial vehicle described in clause (1), above. Therefore, all such equipment and vehicles shall be stored on real property zoned for such storage if stored within the city limits of the city. Section 4. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Flodda, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Flodda, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. l0 Draft 06/11/97 SectionS. CONFUCT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. SEVERABIETY. if any clause, section, or other part or application of this Ordinance 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, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF ,1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS The DAY OF ~, 1997. foregoing Ordinance was moved for adoption by The motion was seconded by Councilmember Coundlmember and, upon being put to a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Coundlmember Louise R. Cartwright Coundlmember Larry Paul Councilmember Ruth Sullivan of The Mayor thereupon declared this Ordinance duly passed and adopted this __ day ,1997. Draft 06/11/97 CITY OF SEBASTIAN, FLORIDA By: Walter W. Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valede Settles City Attorney 12 ORDINANCE NO. 0-97-17 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-10.1 OF THE CODE OF ORDINANCES BY CREATING A SECTION ENTITLED ~PURPOSE"; AMENDING SITE PLAN REVIEW PROCEDURES; REQUIRING A PRE- APPLICATION CONFERENCE PRIOR TO FILING AN APPLICATION FOR SITE PLAN REVIEW; CREATING NEW PROCEDURES FOR SITE PLAN REVIEW; PROVIDING FOR APPEALS FROM THE DECISION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN; CREATING PROCEDURES FOR ADMINISTRATIVE APPROVAL OF SITE PLANS MEETING CERTAIN CRITERIA; CREATING PROCEDURES FOR MAJOR AND MINOR MODIFICATIONS TO PREVIOUSLY APPROVED SITE PLANS; AMENDING SECTION 20A-10.2 OF THE CODE OF ORDINANCES BY ADDING MODIFICATIONS TO SITE PLANS AND ADMINISTRATIVELY APPROVED SITE PLANS; AMENDING SECTION 20A.10.2L OF THE CODE OF ORDINANCES BY ADDING ~COMMUNITY DEVELOPMENT DIRECTOR"; DELETING SECTION 20A-10.3.14 OF THE CODE OF ORDINANCES; AMENDING SECTION 20A-10.4 OF THE CODE ORDINANCES BY CLARIFYING APPEAL PROCEDURES AFFECT ON BUILDING PERMIT APPLICATION; AMENDING SECTION 20A-10.5 OF THE CODE OF ORDINANCES BY LIMITING THE NUMBER OF EXTENSIONS WHICH MAY BE GRANTED TO A PREVIOUSLY APPROVED SITE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida (~City Council"), desires to amend the Land Development Code relating to procedures for site plan approval, in order to update and clarify existing procedures and to add additional provisions and requirements; and WHEREAS, the City Council hereby finds that it is in the best interest of the health, safety and welfare of the citizens of the City of Sebastian ("City") to amend the Land Development Code, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS FOLLOWS: ~. Section 20A-l-.1 of the City Code of Ordinances is hereby amended to read as follows: Sec. 20A-10.1. Purpose, applicability, filing procedure. A. Purpose. The purpose of this section is to assist in the implementation of the City's Comprehensive Plan by establishing procedures and standards for the development of land within the City in order to, in part, aid the coordination of land development consistent with orderly physical patterns; discourage haphazard, premature uneconomic or scattered land development; ensure safe and convenient traffic flow; encourage development of an economically stable and healthful community; ensure adequate utility service; prevent periodic and seasonal flooding by requiring protective flood control and drainage facilities; and provide for the management and protection of water resources. B. Generml Site Plan Review Requirement. No structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless a site plan for such structure or use shall have been reviewed and approved pursuant to this Article. C. Fees. The fee schedule for site plan review shall be -2- as determined by resolution of the City Council. D. General Requirements. Site Plan Approval, as provided for herein, shall be required for each of the following: 1. A residential project which has two or more principal buildings or a single residential building which has three (3) or more dwelling units. 2. Any non-residential project. 3. Unless otherwise provided, all proposed construction of single family homes and duplexes located on the east side of Indian River Drive. 4. Any change of use within an existing project which results in an increase of intensification of parking requirements. 5. The filing or excavation of lands located on the east side of Indian River Drive. E. Phasing. A Site Plan may be phased. The initial conditions, final site plan and each phase shall be depicted on separate sheets. A binding schedule for completion of each phase shall be included. Each phase or combination of phases shall meet the requirements of this Article. F. Conformance with Zoning Regulations Required. Any such building, structure or use approved pursuant to this -3- Article shall be erected, altered, installed, and maintained in full conformity with the provisions of the zoning ordinance and the approved Site Plan. G. Site Plan Review Procedure. 1. Pre-application Conference Requirement. Prior to filing an Application for Site Plan Approval, a pre- application conference shall be held with the applicant and City staff, in order to formulate the potential issues which shall be addressed in the Application for Site Plan Approval. In order to request a pre- application conference, the applicant shall file an application for a pre-application conference with the Community Development Director, on a form prescribed by the same. The application shall include, at a minimum, a sketch of the proposed Site Plan and a narrative of the proposed activity. Within ten (10) working days following the date of filing of the pre-application conference application (which may be extended by the consent of the Community Development Director and the applicant), the appropriate City staff, as determined by the Community Development Director and the City Manager, shall hold a pre-application conference with the applicant. Within five (5) working days following the pre-application conference, the Community Development Director shall issue a pre-application report, which shall contain the issues to be addressed by the applicant in the Site Plan Approval Application. 2. Site Plan Approval Application. An Application for Site Plan Approval shall be filed with the Community Development Director on a form prescribed by the same. Five (5) copies of the Application and all supporting documentation shall be included at the time of filing. Depending on the nature of the project, the Community Development Director may require additional copies of the Application. The Community Development Director shall distribute the Application and supporting documentation to appropriate City staff and, appropriate governmental agencies, comment. Following receipt of if necessary to for review and comments ,?On the Application, the Community Development' shall issue a report and recommendations to the Planning and Zoning Commission, which shall include a summary of said comments and the staff recommendation. Following receipt of the report and recommendations, the applicant shall provide the Community Development Director with eleven (11) copies of the Site Plan, with amendments, if needed, for distribution. 3. Review and Decision by Planning and Zoning -5- Commission. Following issuance of the report and recommendations, the Planning and Zoning Commission shall hold a public hearing, with due notice, and shall approve, approve with conditions, or deny the Application for Site Plan Approval. If the Planning .and Zoning Commission denies an Application for Site Plan Approval, it shall specify the reasons for the denial, with specific reference to those sections of the applicable City ordinances on which said denial is based. An .affected party may appeal the decision of the Planning and Zoning Commission to the City Council, by filing a notice of appeal with the City Clerk, on a form specified by the same, within ten (10) working days following the date of the decision of the Planning and Zoning Commission. The notice of appeal shall include information concerning the disputed issues of the Planning and Zoning Commission's decision. The City Clerk shall place the appeal on the next available City Council agenda following the date of filing of the notice The City Council's review shall be based on of appeal. the record. H. 1. Application for Modification of an Approved Site Plan Minor Modification. A minor modification is defined as a proposed modification to a previously approved Site -6- Plan which involves any redevelopment, renovation or reconstruction and which includes either: a. the addition of parking spaces, the total of which does not exceed twenty-five percent (25%), including fractions thereof, of the total number of existing approved parking spaces, or five (5)parking spaces, whichever is greater, b. an addition, attached or detached, to a building which does not increase th~'floor area in excess of five hundred (500) square feet, c. the installation of utility system improvements, including buildings which do not exceed two hundred (200) square feet, ,-~ .. J~,~ d. the addition of awnings, canopies or other ornamental structures, e. the redesign or different location of pools, parking spaces, drives and driveways, or f. modifications to stairs) or to' the-'-'et.evation---~f decks, porches, terraces and fencing. 2. Minor 'Modification Approval Procedures. An Application for a Minor Modification to a Site Plan shall be filed with the Community Development Director on a form prescribed by the same. Two (2) copies of the Application, illustrating the existing conditions and the -7- proposed modification and all supporting documentation shall be included at the time of filing. The Community Development Director shall distribute the Application and supporting documentation to appropriate City staff and, if necessary to appropriate governmental agencies, for review and comment. Following receipt of comments on the Application, the Community Development shall issue a report and a decision approving, approving with conditions or denying the Application. Any approval shall contain a finding that the minor modification will not significantly increase stormwater runoff or traffic generated at the site. The report and decision of the Community Development Director shall be presented to the Planning and Zoning Commission..~ its next regularly scheduled meeting following the decision. 3. Review of Decision by Planning and Zoning Commission. An affected party may appeal the decision of the Community Development Director to the Planning and Zoning Commission, by filing a notice of appeal with the Community Development Department, on a form specified by the same, within ten (10) working days following the date of the decision of the Planning and Zoning Commission. The notice of appeal shall include information concerning the disputed issues of the Community Development -8- Director's decision. The Community Development Department shall place the appeal on the next available Planning and Zoning Commission agenda following the date of filing of the notice of appeal. The Planning and Zoning Commission may request additional information from the applicant or City Staff. "'·'~ ·· 4. Major Modification to an Approved Site Plan. A major modification is defined as a proposed modification to a previously approved Site Plan which involves any redevelopment, renovation or reconstruction and which includes either: a. the addition of parking spaces, the total of which exceeds twenty-five percent (25%), including fractions thereof, of the total number of existing approved parking spaces, or five (5)parking spaces, whichever is greater, b. an addition, attached or detached, to a building which increases the floor area in excess of five hundred (500) square feet, or c. the installation of utility system improvements, including buildings which exceed two hundred (200) square feet. 4. Major Modification Approval Procedures a. Pre-application Conference Requirement. Prior to filing an Application for a Major Modification to a Site -9- Plan, a pre-application conference shall be held with the applicant and City staff, in order to formulate potential issues which shall be Application for Site Plan Approval. a pre-application conference, the applicant shall file an application for a pre-application conference with the Community Development Director, on a form prescribed by the same. The application shall include, at a minimum, a sketch of the proposed Site Plan and a narrative of the the addressed in the In order to request proposed activity. Within ten (10) working days following the date of filing of the pre-application conference application (which may be extended by the consent of the Community Development Director and the applicant), the appropriate City staff, as determined by the Community Development Director and the City Manager, shall hold a pre-application conference with the applicant. Within five (5) working days following the pre-application conference, the Community Development Director shall issue a pre-application report, which shall contain the issues to be addressed by the applicant in the Major Modification Site Plan Approval Application. b. Major Modification Site Plan A~prov~l Application. An Application for a Major Modification to a Site Plan shall be filed with the Community Development Director on -10- a form prescribed by the same. Five (5) copies of the Application and all supporting documentation shall be included at the time of filing. Depending on the nature of the project, the Community Development Director may require additional copies of the Application. The Community Development Director shall distribute the Application and supporting documentation to appropriate City staff and, if necessary to appropriate governmental agencies, for review and comment. Following receipt of comments on the Application, the Community Development shall issue a report and recommendations to the Planning and Zoning Commission, which shall include a summary of said comments and the staff recommendation. Following receipt of the report and recommendations, the applicant shall provide the Community Development Director with eleven (11) copies of the proposed modified Site Plan, with amendments, if needed, fOr distribution. c. Review and Decision by Planning and Zoning Commission. Following issuance of the report and recommendations, the Planning and Zoning Commission shall hold a public hearing, with due notice, and shall approve, approve with conditions, or deny the Application for a Major Modification to a Site Plan. If the Planning and Zoning Commission denies an Application for a Major Modification to a Site Plan, it shall specify the reasons for the denial, with specific reference to those sections of the applicable City ordinances on which said denial is based. An affected party may appeal the decision of the Planning and Zoning Commission to the City Council, by filing a notice of appeal with the City Clerk, on a form specified by the same, within ten (10) working days following the date of the decision of the Planning and Zoning Commission. The notice of appeal shall include information concerning the disputed issues of the Planning and Zoning Commission's decision. The City Clerk shall place the appeal on the next available City Council agenda following the date of filing of the notice The City Council's review shall be based on of appeal. the record. I. Exceptions. which meet the Notwithstanding the above, Site Plans following criteria may be approved administratively, in accordance with this section: a. A proposed site plan which contains less than one thousand (1,000) square feet of impervious surface, or b. A proposed site plan which is comprised of one (1) or (2) dwelling units located east of Indian River Drive. 1. Administrative Site Plan Approval Procedures. An Application for Administrative Approval of a Site Plan shall be filed with the Community Development Director on a form prescribed by the same. Five (5) copies of the Application, and all supporting documentation shall be included at the time of filing. The applicant shall provide a Site Plan illustrating a generalized floor plan, location and description of all signs, parking, and landscaped areas. The Community Development Director shall distribute the Application and supporting documentation to appropriate City staff and, if necessary to appropriate governmental agencies, for review and comment. Following receipt of comments on the Application, the Community Development shall issue a report and a decision approving, approving with conditions or denying the Application. The Community Development Director shall provide a copy of the decision to the Planning and Zoning Board. 2. Review of Decision by Planning and Zoning Commission. An affected party may appeal the decision of the Community Development Director to the Planning and Zoning Commission, by filing a notice of appeal with the Community Development Department, on a form specified by the same, within ten (10) working days following the date of the decision of the Planning and Zoning Commission. The notice of appeal shall include information concerning the disputed issues of the Community Development Director's decision. The Community Development Department shall place the appeal on the next available Planning and Zoning Commission agenda following the date of filing of the notice appeal. The Planning and Zoning Commission may request additional information from the applicant or City Staff. ~. .L,~ 3. Modifications to an Administratively Approved Site Plan. Modifications to an Administratively Approved Site Plan shall follow the same procedures as modifications to an Approved Site plan. Section 2. Section 20A-10.2 of the Code of Ordinances is hereby amended to read as follows: Sec. 20A-10.2 Considerations in reviewing site plans. The planning and zoning commission shall not approve a site plan or a major modification to a site plan, nor shall the Community Development Director administratively approve a site plan or a minor modification to a site plan, unless a finding is made that such site plan conforms to all applicable provisions of this zoning ordinance and its amendments. ~9_CJ~_qD_~. Section 20A-10.2L of the Code of Ordinances is hereby amended to read as follows: L. Additional considerations. The planning and zoning commission or the Community Development Director may require additional information be provided by the applicant in order to carry out a review process which is necessary to fulfill the purpose, intent and spirit of this Chapter. ~. Section 20A-10.3.14 of the Code of Ordinances is hereby deleted. ~_e_~iDD__~. Section 20A-10.4 of the Code of Ordinances is hereby amended as follows: A. Building permit. Upon final approval of a site plan, a building permit may be issued pursuant to 20A-10.4(B) by the City Building Official. Provided, however, that no building permit shall be granted until the time for appeal has expired. In the event that an appeal is filed, no building permit shall be issued until after final determination of such appeal. An appeal to a court of law shall not bar the issuance of a building permit, unless an injunction is granted. Sectio~ ~. Section 20A-10.5 of the Code of Ordinances is hereby amended to read as follows: Sec 20A-10.5 Termination, extension and transferabilitY. An approval of a site plan shall not run with the land. The approval of a site plan shall terminate twelve (12) months after final approval, if construction has not begun, as evidenced by the pouring of footings, by said termination date. One extension, for a period not to exceed twelve (12) months may be granted by the Planning and Zoning Commission, at its discretion. Site plans approved prior to July 9, 1997, shall be entitled to apply for one (1) extension, even though previous extensions may have been granted. An application for an extension may be filed with the Community Development Department of a form prescribed by the Community Development Director, no later than thirty (30) days prior to the expiration of the site plan approval. Failure to file an application for an extension or failure to perform any construction pursuant to the approved site plan during the previous months shall be considered an abandonment of the site plan. Following an abandonment of a site plan, subsequent applications shall be treated as new applications. Phased Site Plans are subject to the same requirements for each phase. In the event that a phase is abandoned, all subsequent phases shall be considered abandoned. In the event that the property receiving the Site Plan approval is sold, transferred, leased, or if the ownership changes in any way whatsoever, the site plan approval may be transferable, with no additional time prior to required commencement of construction. Section 7. If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. ~ This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. 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. ~_9_~. This Ordinance 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 Ordinance Councilmember Councilmember vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Ruth Sullivan Cpuncilmember Larry Paul was moved for adoption by The motion was seconded by and, upon being put into a The Mayor thereupon declared this Ordinance 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