HomeMy WebLinkAbout07151998City of Sebastian
122~ Main Street
Sebastian, Florida ~29t58
CITY COUNCIL
AGENDA PACKET
SPECIAL MEETING
(QUASI-JUDICIAL HEARINGS)
AND
WORKSHOP
(CODE ENFORCEMENT PROCEDURES)
WEDNESDAY, JULY 15, 1998 - 7:00 P.M.
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 3~9E8
TELEPHONE (561) 589-5330 o FAX (561) 589-E570
AGENDA
SEBASTiAN CITY COUNCIL
SPECIAL MEETING
QUASI-JUDICIAL HEAmNG(S)
WEDNESDAY, JULY 15, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA
1. CALL TO ORDER
PLEDGE OF ALLLEGIANCE
ROLL CALL
QUASI-JUDICIAL PUBLIC HEARIBIG(~). FINAL ADOPTIQ~
~rocedures on Back of Agenda)
98.143 A.
1.18
Re~o!~ti. oR N_0~ R-98-29 - Southfork Subdivision Preliminary Plat (.Growth Management
Tran~roittol 7/6/98. R-98-29. Application. Staff R~ortLLocation Map. Plat Under Separate Cover)
A RESOLIYrlON OF THE CITY OF SEBASTIAN, INDIAN COUNTY, FLORIDA, APPROVING THE PRELIMINARY
PLAT FOR A SUBDIVISION KNOWN AS SOUTHFORK; A REPLAT OF A PORTION OF THE SEBASTIAN
HIGHLANDS UNIT 16 ADN 17; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
98.144 B.
19-36
Ro~gflption No. R-98-28 - Permit and Certificate of?u. blic Convenience and ~loce~ity (City Clerk
Transmittal 7/9/98, R-98-28 w/Rot~ A~tad~d. Apglication, Insurance. Chapter 106)
A RESOLLrI'ION OF THE CITY OF ~TIAN INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY TO PALM BEACH TRANSPORTATION D/B/A YELLOW CAB OF
THE 'tREASURE COAST; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE
CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING
RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLIYHONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCF~EDINGS IS MADE, WHICH RECORD INCLUDES THE TESTiMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105KS.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NF.F.I)$ A SPECIAL ACCOMMODATION FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5550 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Procedures for Quasi. Judicial Hcari~g~ q? JgOllgw~_~lt~ tLccordance with J{-97-46):
Mayor/Presiding O.~ccr Opens Hearing and Outlines Rules
Cio' Attorney reads Ordinance or Resolution (if Applicable)
If Requested by Affected Paro' - Clerk/Secretory Administers Oath to Other Affected Party(ies) Who Intend to Testify
For Non-Land Use Matters. Disclosure of Ex-Parte Communication
Applicant Presentotion - Uninterrupted 15 Minutes
Inquiry of Applicant or Applicant's Witnesses by Council/Board (or Stoff or Applicant or Other Affected Parties through Mayor or Presiding
O.O~cer)
Stoff Presentotion . Uninterrupted 15 Minutes
Inquiry of Stoff by Council/Board (or Applicant and/or Other Affected Parties through Mayor or Presiding Officer)
Proponents' Testimony. Up to 15 Minutes (these are affected parties)
Inquiry of Proponents by Council/Board (or Stoff or Applicant or Other Affected Parties through Mayor or Presiding Officer)
Opponents' Presentotion - Uninterrupted 15 Minutes (these are affected parties)
Inquiry of Opponents or Opponent's Witnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or
Presiding Officer)
Opening of Informational Testimony - Any Member of Public with Information or Need for Clarification - 3 Minutes or 10 Minutes if
Representing Groups of 5 or More
Inquiry of lnformatlonal Witnesses by Council/Board
Closing of Public Information Period- No Additional Public Comments Allowed Except in Response to Council/Board Questions
Applicant's RebuttoI Presentation - 10 Minutes (Affected Parties or StoffMay Request to be Allowed to Point Out Errors of Fact or Ask
Questions of Applicant or Applicant Witnesses)
Stoff Response and Summary - 10 Minutes (Response to Applicant, Proponents, Opponents or Informational Witnesses - Affected Parties
May Request to be Allowed to Point Out Errors of Fact or Ask Questions of Stoff or Stoff IVitnesses)
Cio' Council/Board Inquiry of Applicants, Proponents, Opponents or Staff Member
Close Hearing Upon Completion of Testimony
Act Upon Application
-Persons who desire to make a presentotion or present inforrnation or comment on an application or item must register with the City Clerk or Board
secretory prior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures)
Affected Partits are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statut,~ A homeowners or property owners association
whose members include an affected paro' shall be granted affected paro' stotus by the CiO, Council/Board provided the association has been
estobllshed pursuant to Florida Law. A certificate of good stonding, from the Florida Secretory of Stote's office and a resolution of the board of the
association authoriting said representotion shall be.filed with the CiO, Clerk's qO~ce prior to the entity's request to be granted affected party status.
Affected Parties May Request Extension of Time from Cio' Council/Board and may object to the introduction of any evidence, whereupon, the presiding
officer may rule upon the objection to the admissibilio' of any ~vidence. The Cio' Council/Board members may affirm or overrule the ruling Persons
addressing Council/Board shall identify any educational, occupational or other experience which may be relevant to the matter.
Disclosure of ex-parte communication in land-use matters is not required and such non-disclosure shall not be deemed prejudicial to the decision of
the CiO, Council/Board. Ail decisions of the CiO, Council/Board on land use matters must be supported by substantial, competent evidence in the
record pertinent to the proceeding, irrespective of such communications.
A person who appears before the decision making body who is not an affectedparty may be allowed to testify before the decision ~naking body, may be
requested to respond to questions from the decision making body but need not be s~orn as a witness and is not be subject to cross-examination and is
not required to qualify as an expert witness. The decision making body shall assign weight and credibility to such testimony as it deems appropriate.
2
City of Sebastian, Florida
Subject: Preliminary Plat of Southfork
Subdivision
Approved for Submittal by:
EX2~ENDITURE
REQUIRED:
None
Agenda No. q~' 1~/~
Department Origin: Growth Management (TH)
Date Submitted ' July 06, 1998
~k"-- /d,.~(.ax.4.aA.~ .~:~.,~t.,.,.~. ~ For Agenda of: July 15, 1998
Exhibits: R-98~29, Application, StaffReport. Plat and Location Map
AMOUNT BUDGETED: APPROPRIATION
None REQUIRED: None
SUMMARY
Mr. Harold Adams, Adams & Associates Developers Inc., has applied for Preliminary Plat
approval for a subdivision known as Southfork. The applicant has submitted preliminary plat plans
for a 69 lot subdivision on 32.61 acres of land. The subject property lies South of South Easy
Street, West of Schuman Drive and North and East of The Collier Waterway. Indian River
County Utilities are available to this property and the applicant is coordinating with the
appropriate utility providers. The proposed subdivision will be constructed as a multi-phase
developmem. The plan is for 3 phases to be constructed in successive years beginning in 1998
and concluding in 2000.
The City Engineer and City Planner have reviewed the application and recommend approval with
conditions.
The Planning and Zoning Commission has recommended approval with conditions.
RECOMMENDED ACTION
Hold a public heating and approve Resolution R-98-29
RESOLUTION NO. R-98-29
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE PRELIMENARY PLAT
FOR A SUBDMSION KNOWN AS SOUTHFORK; A REPLAT OF
A PORTION OF THE SEBASTIAN HIGHLANDS UNITS 16 AND
17; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Mr. Harold Adams, Adams & Associates Developers Inc., has
applied for approval of a preliminary plat for a subdivision known as Southfork; and
WHEREAS, the Planning and Zoning Commission of the City of Sebastian has
reviewed and recommends approval of the proposed preliminary plat,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. PRELIMINARY PLAT APPROVAL. The preliminary plat of
Southfork Subdivision, a replat of a portion of the Sebastian Highlands Units 16 and 17,
as prepared by Smith Surveying & Mapping Inc., dated June 1, 1998, Sheets 1 and 2, is
hereby approved with the following conditions:
Drainage and maintenance of Stormwater Tract "A" shall remain 'the
responsibility of the Developer or dedicated Homeowners' Association.
Applicant shall obtain and provide the City with an approved St. Johns
permit. Any changes to the submitted permit shall also be approved by the
City Engineer.
Standard sidewalks (a minimum of 4' wide~ shall be constructed on the
East side of South Easy Street.
No construction shall be permitted until a subdivision construction permit
has been issued by the City, Engineer.
A silt screen shall be erected a minimum of twenty-five (25) feet from all
waterways.
Construction of Phase I shall begin within eighteen (18) months from the
date of issuance of construction permits by the City Engineer. Phase II
shall begin within eighteen (18) months of completion of phase I. Phase III
shall begin within eighteen (18) months of completion of phase II.
Section 2.
hereby repealed.
CONFLICT. Ail resolutions or parts of resolutions in conflict are
Section 3. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall be further assumed that the City Council would have enacted the
remainder of the Resolution without said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 4.
upon final passage.
EFFECTIVE DATE. This Resolution shall take effect immediately
The foregoing Resolution
was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha S. Wininger
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Chuck Nueberger
day of
The Mayor thereupon declared this Resolution duly passed and adopted this __
,1998.
CITY OF SEBASTIAN, FLORIDA
By:
Ruth Sullivan, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
Permit Application No.
City of Sebastian
Development Order Application
Applican[ (if not owner, w':itten authorization (notarizec~) from owner is required)
Name:
Harold D. Adams
Address:
P.O. Bo× 1047
Phone Number: (561) 589
SebasJ~ ~ an, WT, 37958-1047~
FAX Number:. ( )
0790
E-Mail:
-Owner (if different from applicant)
Name:
Adams & Associates Developers,
Address:
P.O. Box 1047 Sebastian, FL
Phone Number:(561 ) 589 0790
"E-Mail:
I[3.c.
32958-1047
FAX NumCen (
Type of permit-or action requested: _~/ '
Preliminary Plat
PLEASE COMPtETE ONLY THOSE SECTIONS wHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPICS OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A]-rACHED AND 81/2' 8Y 11' COPIES OF ANY A~-rACHMENTS
SHALL BE INCLUOED. ATTACH THE APPROPRIATE SUPPtEMETAL INFORMATION FORM.
A. Project's Name (if applicable):
B. Site Information
Address:
N/A
Lot: Block:
Indian River County Parcel #:
Unit:
South Fork Subdivision
Subdivision:
f,¢G~ De~riptiop
Zoning Classification:
Existing Use:
Future Land Use:
Proposed Use:
C. Description of propdsed activity and purpose of the requested permit or action (attach extra sheets if
necessa~/): A replat of a oortion of Seba.~ti~ Hi~h!a~ Units 16 &~7
DATE RECEIVED:
FEE PAID: $ ~7,..3/~~
Form CD-200'/
Amuroved: 08/27/97'
I Revisicn:
Page I cf 3
j Development A~iic~ticn
[ ~ie Name: Doe
Permit Application
D. Project Personnel:
Agent:
Name:
Address
Phone Numben ( 561 )
John Kin~
103 Harison Pointe Drive
589 3054
E-Mail:
Sebastian, FL 32958
FAX Number: ( )
A~tomey:
Name:
Warren Dill
Address
1515 U. S. Hw¥ I Sebastian, FL 37~5~
PhoneNumbeF.(561) 589 -1212 FAXNumber: (
E-Mail:
En~neer:
Name:
Mosby & Associates, Inc. Randy L~ Mosby,
Address
2455 14th Ave. Vero Beach, FL 32960
Phone Number:. (561) 569 0035 FAX Number:. ( 561 ) 778
E-Mail:
3617
Surveyor:
Name:
James A. Fowler, PSM
Address
929 7th Ave. Vero BEach, FL
PhoneNumbec.(561) 562 '4744
32960
FAX Numben ( )
E-Mail:
I, Harold D'L Adams , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT; I AM THE OWNER , I
AM THE t~GAL~ENTATIVE OF THE OWNER OF THE PROPERTY OESCRIBED WHICH I$ THE SUBJECT MATFER Ot= THiS
APPt. I~t~/.~I~%NI~'T~T ALL THE INFOR~TION, ~PS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
COMMISSION NO./~XPIRATION
AL:
Permit Application
The following is required for all comprehensive plan amendments, zoning amendment
(including rezoning)~ site plans~ conditional use permit=, special use permits~ variances,
exceptions~ and appeals.
I/~/E, ,y~ THE OWNER(S) I THE LEGAL REPRESENTATIVE OF: THE OWNER OF THE PROPERTY BESCRIBEB WHICH IS THE
SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH ANO EVERY MEMBER OF THE
BOARD/COMMISSION QF THE CITY OF SEBASTIAN (THE "BOARD'/"CoMMISSION") TO PHYSICALLY ENTER UPON THE PROPER'fY
AND VIBjV THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE lANE ,~,Y HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPER'IY, INCLUOING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNI~D STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
TH~ JJAIV~~S Bi~ING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
Sworn to and subscribed before me by
who is pe~onally known to me or produced
as identification, this ~ day of ~ ~ ,19~.
Notaw s Signature '
Commission No./Expiration
Seal:
tFor'm CD-20O?
ApproVed: 08/27/9 7
i Revision:
Development Application
File Name: Dca
Pen'nit Application No..
Supplemental Information
Preliminary Plat Approval
. X, 1, The following information is required on all preliminary plats:
A vicinity sketch showing the location 01~ the boundary lines and distance
of the land proposed fo~' the subdivision In reference to other areas of
the city.
..× b. A north arrow, graphic scale, and date If preparation.
X C.
The name of adjacent subdivisions, if any. and the plat book and page
reference, togetl3et with the names of the owners of records having
interest in adjacent acreage.
X
The names, alignment, and width of all existing and proposed streets,
alleys, rights-of-way or easements adjacent to or within three huDdred
(300) feet of the proposed subdivision including name, right-of-way
width, street or pavement widttL and establisl3ed center line elevation.
Existing streets shall be dimensioned to tract boundary.
Alt existing and proposed property lines, easements and rights-of-way,
their purpose, their etfect on the property to be subdivided, and the
proposed layout of lots end blocks.
Access points to collector and arterial streets showing their compliance to
access requirements.
X.~ g. All existing drainage fadlities.
X h. Existing and proposed utilities such as telephone, electricity, water,
sewer, gas, etc. on er adjacent to the tract. The preliminary plat shall
contain a statement that all utilities are available P~d have been
coordinated with the required utilities.
N_/A i. Site for proposed parks, recreational areas and schools.
N/A_ j. The location of any temporary structures or pen'nanent structures having
a tempo~aoj use.
~ k. If the proposed plat D~3['ders upon any public water bodies, delinate the
mean high water line.
X I. Permanent reference makers shall be shown.
,4~proved: 8727/97
2' OS--lO'.g8 ~t.27Pf. I FRCJ'.I SEBASTiA~J_CLgt. it-I, DEV. S61SB'-_g2SC::~ P. 2
Permit Application No.
Attached the following:
X a. Slx copies of the preliminary plat. (Two sets must be sealed.)
b. The name, address and telephone number of t~e mortgage holder or any
other person having a legal equitable or benefidat interest in the land
together with a statement from such that they will join in the dedication o¢
the proposed subdivision..
×
c. A sudace water drainage facJIlfles plan ce~fled by an engineer or
architect registered in the State of Florida.
~ d. A land su~ey with complete legal description prepared and certified by
a registered su~/eyor.
N/Aa. A teal'tic impact analy=is, if required.
7~ f. An erosion/sedimentation control plan.
A contour map showing ground elevations at intervals of not more than
one toot of the area to be subdivided and of a perimeter strip at least fifty
(50) feet and up to one hundred and fifty (150) feet in width around the
area.
× h. A statement concerning required potable water improvements,
wastewater improvements or on-site wastewater disposal data.
× i. A schedule for multiple phases, if appropriate..
~ J. A list of the names and addresses of all owners of parcels of real properly
wrthin three hundred (300) feet of the parcel to be considered.
IFo,~ CD,.Zo22
~t££row~d: .t/27/~7
_ Paqe 2 crt 2
R,~vi~icn:
j pt~litu~m,'y Plat
Community Development Department
Preliminary Plat Approval Application - Staff Report
1. Project Name:
South Fork Subdivision
2. Requested Action: Preliminary Plat approval for South Fork Subdivision.
3. Project Location
a. Address:
Legal: A parcel of land lying in Section 19, Township 31 South,
Range 39 East, Indian River County, Florida, being, portions of Blocks
555 and 389, Sebastian Highlands Unit 11, as recorded in plat book 7,
page 56-56L, public records of Indian River County, Florida. Blocks 544
and 545, Sebastian Highlands Unit 16, as recorded in plat book 8, pages
45-45J, public records of Indian River County, Floridai' and blocks 553,
585, 586, 587 and 588, Sebastian Highlands Unit 17, as recorded in plat
book 8, pages 46-46P, public records of Indian River County, Flodda,
being more particularly described as follows:
Commence at the Southeast comer of tract K, said Sebastian Highlands
Unit 17, said point being on the West right of way of Schuman Ddve, and
also being the point of beginning of the herein described parcel, and run
South along the East line of block 588 and the said West right of way of
Schuman Ddve a distance of 150.00 feet; thence run South 45 degrees
00 minutes 00 seconds East a distance of 70.71 feet; thence run South
a distance of 135.00 feet to the North line of tract J, said Sebastian
Highlands Unit 17; thence run West along said North line of tract J a
distance of 220.00 feet; thence run South a distance of 43.77 feet to the
point of curvature of a curve concave to the Northwest having a radius of
200..00 feet and a central angle of 20 degrees 31 minutes 42 seconds;
thence along said curve for an arc distance of 71 66 feet to a point of
Tangency; thence run South 68 degrees 10 minutes 57 seconds West a
distance of 79.18 feet; thence run South 14 degrees 00 minutes 00
seconds West a distance of 125.00 feet to the point of curvature of a
curve concave to the Southwest having a radius of 389.74 feet, a central
angle of 14 degrees 00 minutes 00 seconds and a chord beadng of
North 83 degrees 00 minutes 00 seconds West; thence along said curve
an arc distance of 95.23 feet to a point of Tangency; thence run West a
distance of 418.46 feet to the point of curvature of a curve concave to
the Northeast having a radius of 235.69 feet and a central angle of 90
degrees 00 minutes 00 seconds; thence along said curve an arc
distance of 370.22 feet to a point of tangency; thence run North a
distance of 511.25 feet to the point of curvature of a curve concave to
the Southwest having a radius of 50.00 feet and a central angle of 90
degrees 00 minutes 00 seconds; thence along said curve an arc
distance of 78.54 feet to a point of tangency; thence along sai8d curve
an arc distance of 353.43 feet to a point of tangency; thence run North a
distance of 59.81 feet to the pint of curvature of a curve concave to the
Southeast having a radius of 350.00 feet and a central angle of 22
degrees 27 minutes 45 seconds; thence along said curve an arc
distance of 137.22 feet to the point of reverse curve of a curve concave
to the Southwest having a radius of 50.00 feet and a central angle of 67
degrees 27 minutes 45 seconds; thence along said curve an arc
distance of 58.87 feet to a point of tangency; thence run East a distance
of 49.55 feet; thence run North 45 degrees 00 minutes 00 seconds East
a distance of 89.96 feet; thence run South 45 degrees 00 minutes 00
seconds East a distance of 80.12 feet; thence run North 45 degrees 00
minutes 00 seconds a distance of 80.00 feet; thence run North 45
degrees 00 minutes 00 seconds West a 8istance of 46.76 feet; thence
run North 45 degrees 00 minutes 00 seconds East a distance of 125.00
feet; thence run East a distance of 33. 76 feet; thence run South a
distance of 51.65 feet; thence run East a distance of 402.83 feet to the
East line of lot 29, block 545, said Sebastian Highlands Unit 16; thence
run South 00 degrees 05 minutes 08 seconds East a distance of 330.00
feet; thence run East a distsnce of 371.09 feet; thence run South a
distance of 140.00 feet; thence run East a distance of 952.57 feet to the
point of beginning.
Containing 32.61 acres of land, more or less.
c. Indian River County Parcel Number:
4. Project Owner:
Adams & Associates, Developers, INC.
P. O. Box 1047
Sebastian, Flodda 32958
(561) 589-0790
5. Project Agent:
Adams & Associates, Developers, INC.
P. O. Box 1047
Sebastian, Flodda 32958
(561) 589-0790
6. Project Engineer:
Mosby and Associates, INC.
2455 - 14~h Avenue
Vero Beach, Florida 32960
(561) 589-0035
7. Project Surveyor:
Smith Surveying and Mapping, INC.
1400 Palm Bay Road, NE
Palm Bay, Flodda, 32905
(561) 589-3228
8. Project Description
North:
East:
South:
West:
Narrative of proposed action: The applicant has submitted preliminary
plat plans for a 69 lot subdivision on 32.61 acres of land. The subject
property lies South of South Easy Street, West of Schuman Ddve and
North and East of The Collier Waterway. Indian River County Utilities
are available to this property and the applicant is coordinating with the
appropriate utility providers. The proposed subdivision will be
constructed as a multi-phase development. Construction of Phase I
shall begin within eighteen (18) months from the date of issuance of
construction permits by the City Engineer. Phase II shall begin within
eighteen (18) months of completion of phase I. Phase III shall begin
within eighteen (18) months of completion of phase I1.
RS-lO
Current Land Use
Future Land Use
Current Zoning:
Adjacent Properties
RS-lO
RS-lO
RS-lO'
RS-lO
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) ' Yater Servic .:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Residential LD
Residential LD ·
Residential LD
Residential LD
32.61 acres
Vacant
Riviera
Urban Forest
Zone X
Indian River County Utilities
indian River County Utilities
Schuman Drive Park % mile
Sebastian Police 5 miles
Indian River Fire 2 miles
3
10.
Comprehensive Plan Consistency
a. Future Land Use:
b. Traffic Circulation:
c. Housing:
d. Public Facilities:
e. Coastal Management:
f. Conservation:
g. Recreation and Open Space:
Contents of Preliminary Plat:
g.
h.
i.
j.
k.
I.
Consistent
Consistent
Consistent
Consistent
Consistent
Consistent
Consistent
name of subdivision: provided - South Fork Subdivision
vicinity sketch: provided
legal description including section, township and range: provided
north arrow graphic scale: provided
date of preparation: provided - February 1998
name, address, and telephone of applicant: provided
name, address, and telephone of owner of record: provided
name, address, and telephone of mortgage holder: provided
statement that they will join in the dedication: provided
name, address, and registration number of engineer: provided
name, address, and registration number of surveyor: provided
name of adjacent subdivisions, if any, including plat book and page
number reference: provided
names of owners of record of adjacent acreage: provided
contour map including a perimeter strip up to 150 feet in width.
provided
all existing watercourses, drainage ditches and bodies of water,
marshes, and other significant, natural or man-made features:
provided
name, aliment and width of all existing and proposed streets, alleys,
rights-of-way or easements including name, right-of-way width,
street or pavement width and established center line elevations:
provided
qo
all existing and proposed property lines, easements and right-of-
ways, their purpose, their effect on the property to be subdivided,
and the proposed layout of lots and blocks: provided The
subdivision is subject to a 125 foot wide Florida Power and Light
Company Easement across Blocks 545, 389 and 587.
access points to collector and arterial streets showing compliance
to the access requirements: provided
all existing drainage district facilities and the ultimate right-of-way
requirements: provided
utilities such as telephone, power, water, sewer, gas, etc., on or
adjacent to the tract: provided
U=
a statement that all utilities are available and have been coordinated
with all required utilities: provided
v. sites proposed for parks, recreational areas and schools: N/A
location of all temporary structures or permanent structures having
a temporary use: N/A
x. if borders public water, delineate the mean high water line: 8 feet
plan for stabilizing shoreline with natural vegetative cover or other
environmentally sensitive manner acceptable to DEP and the city:
not provided
permanent reference monuments shall be shown at all block
corners, at all points of reverse or compound curvature, and at all
points of tangency occurring with block limiting lines: provided
aa.
block perimeter returns at block corners or other block line
intersection: provided
Required
a.
Supplemental Information
existing land use policy and proposed policy changes: provided
5
b, on-site wastewater disposal data: provided - Indian River County
c. surface water management plan: provided - Indian River County
traffic impact analysis: The proposed subdivision is not required to
provide a traffic impact analysis per Section 20A-10.2(D)l of the Land
Development Code.
Residential use 10. OlD. U, x 64 units = 640. According to
section 20A-lO. 2(D)l, a transportation impact study shall
be required if:
A proposed development generates more than one
thousand (1,000) t~fps per day.
According to code, a traffic impact analysis statement is not
required.
e. required park land and/or facility improvements: N/A
f. required potable water improvements: provided
g. required wastewater improvements: provided
h. erosion and sedimentation control improvements: provided
i. reference to required improvements
IIi.
iv.
V.
vi.
vii.
viii.
ix.
Xili,
xiv.
XV.
xvi.
xvii.
xviii.
xix.
access: provided
alleys: provided
blocks: provided
bridges: none
comprehensive stormwater management system: provided
easements: provided
lots: provided
seawalls, bulkheads, piers and docks: not provided
soils: provided
streets: provided
bicycle/pedestrian paths: provided
off-street parking areas: provided
utilities: provided
utility installation: provided
central water system: provided
central wastewater system: provided
individual sewage systems: provided
water and sewage treatment and processing plants:
median strips and entranceways: provided
traffic control devices: provided
xxi,
xxii.
XXlII.
monuments: provided
commercial and industrial subdivisions:
mobile home subdivisions: N/A
N/A
j. schedule of multiple phases: provided
According to Section 20A-16.4(D). Schedule of development phases:
The applicant may schedule proposed development phases
within any proposed subdivision. The scheduled development
phases shall have been specified on the approved preliminary
plat and shall be of such a size and design and be scheduled so
that all portions completed at any time can exist independently as
a subdivision in complete conformity with the requirements of this
ordinance. Any change in the schedule of phases must receive
pdor approval by the planning and zoning commission, if
phased, the applicant shall have the option of requesting either
final plat approval or the issuance of a certificate of completion
on one or more of the development phases in conformity with all
procedures and requirements of this ordinance.
Construction of Phase I shall begin within eighteen (18)months from the
date of issuance of construction permits by the City Engineer. Phase II shall
begin within eighteen (18) months of completion of phase I. Phase IIi shall
begin within eighteen (18) months of completion of phase I1.
Fee paid: provided
City Engineer's review: City Engineer has the following recommendations:
Standard sidewalks, a minimum of 4' wide, shall be constructed on the
East side of South Easy Street.
The subdivision is subject to a 125 foot wide Flodda Power and Light
Company Easement across Blocks 545, 389 and 587.
No construction shall be permitted until there is a pre-construction
meeting with the City of Sebastian, the developer, his engineer and
general contractor.
City Attorney's review:
Other Matters: Staff has not received any negative comments from Indian
River County conceming the impact on neighboring scrub jay habitat. Nor has
staff received comments from Flodda Power and Light conceming Stormwater
Tract "A" being constructed within a portion of their easement which runs North
to South along the East Central area of this project.
7
10.
11.
Analysis: The applicant has submitted preliminary plat plans for a 69 lot
subdivision on 32.61 acres of land. The subject property lies South of South
Easy Street, West of Schuman Ddve and North and East of The Collier
Waterway. Indian River County Utilities are available to this property and the
applicant is coordinating with the appropriate utility providers. The proposed
subdivision will be constructed as a multi-phase development. Construction of
Phase I shall begin within eighteen (18) months from the date of issuance of
construction permits by the City Engineer. Phase II shall begin within eighteen
(18) months of completion of phase i. Phase III shall begin within eighteen (18)
months of completion of phase II.
Conclusion: The submitted-plat is consistent with the Land Development
Code, Comprehensive Plan and Code of Ordinances. The planning and zoning
commission has adopted this staff report and recommends approval to city
council.
Recommendation: The Staff recommends the City Council approve the
preliminary plat for Southfork Subdivision with the following conditions:
Drainage and maintenance of Stormwater Tract "A" shall remain the
responsibility of the Developer or dedicated Homeowners' Association.
Applicant shall obtain and provide the City with an approved St. Johns
permit. Any changes to the submitted permit shall also be approved by
the City Engineer.
Standard sidewalks (a minimum of 4' wide) shall be constructed on the
East side of South Easy Street.
No construction shall be permitted until a subdivision construction permit
has been issued by the City Engineer,
A silt screen shall be erected a minimum of twenty-five (25) feet from all
waterways.
Construction of Phase I shall begin within eighteen (18) months from the
date of issuance of construction permits by the City Engineer. Phase II
shall begin within eighteen (18) months of completion of phase I. Phase
III shall begin within eighteen (18) months of completion of phase II.
PREPARED BY
DATE
RANGE
SCHU
City of Sebastian
1225 Main Street
Sebastian, Hofida 32958
Telephone (561) 589-5330
F~ (361) ~a9-~570
Subject: Public Hearing (Quasi-Judicial) for Palm
Beach Transportation dba Yellow Cab of the
Treasure Coast Application for Permit and
Certificate of Public Convonionc¢ and Necessity
Adopt Resolution No. R-98-28
Agenda No. 40C'/~7
Department Origin: City Clerk
Date Submitted: 7/9/98
Approv~ed~ for Submittal by: City Manager For Agenda of:
Exhibits: Resolution No. R-98-28, Application, Insurance, Chapter 106
7/15/98
Expenditure Required: { Amount Budgeted: I Appropriation Required:
~_IjMMfiRY STAIZMENT
City Council, in accordance with Section 106-54 of the Code of Ordinances, scheduled a quasi-judicial
hearing for July 15, 1998 on an application from p_a_lm Be, ach Transportation dba Yellow Cab of the Treasure
Coast for permit and certificate of public convenience and necessity.
In accordance with 106-28, we contacted the Chief of Police, who indicated that his department has no means
to IX:dorm these inspections.
RECOM~I~ND[D ACTION
Conduct the quasi-judicial hearing and adopt Resolution No. R-98-28 approving a permit and certificate of
public convenience and necessity for Palm Beach Transportation dba Yellow Cab of thc Treasure Coast,
subject to thc cab company obtaining a letter certifying thc acceptable condition of the vehicles by an ASE
certified mechanic.
Additionally, direct the City Attorney to review and amend Code of Ordinances Chapter 106.
RESOLUTION NO, R-98-28
A RESOLUTION OF THE CiTY OF SEBASTIAN INDIAN RIVER
COUNTY, FLORIDA, GRANTING A CERTI~CATE OF PUBLIC
CONVENIENCE AND NECESSITY TO PALM BEACH
TRANSPORTATION D/B/A YELLOW CAB OF THE TREASURE COAST;
PROVIDING FOR COMPLIANCE WITH ~ REQUIREIV[ENTS OF THE
CODE OF THE CiTY OF SEBASTIAN; AND ALL PUBLIC LAWS;
PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES
FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT I~REWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WI~P~REAS, the City of Sebastian, Indian River County, Florida, is authorized to grant
permits and certificates of public convenience pursuant to Section 106-51 °fthe City Code; and
WHEREAS, P. Rodney Cunningham, Owner, Jesse Gaddis, Owner, and James Ban',
President of Palm Beach Transportation D/B/A Yellow Cab of the Treasure Coast, have submitted
an application for certificate of public convenience and necessity from the City of Sebastian in
accordance with Section 106-52 of the Sebaztian City Code; and
WHI~REAS, a public hearing on the applicants' request for said certificate was held by the
City Council as a regularly scheduled meeting on July $, 1998, in accordance with Section 106-54
of the Sebastian City Code; and
WHEREAS, the City Council considered the requirements of Section 106-55 in assessing
public demands and traffic conditions, the financial condition and moral character of the applicant,
number, kind, type of equipment and rates proposed to be utilized by the applicant; increased traffic
congestion and available parking space, and the safe use of the streets and alleys and such other
relevant facts as the City Council deemed advisable or necessary.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows;
~ECTION 1. APPROVAL. The City Council of the City of Sebastian, Indian River
County, Florida, hereby grants a permit and certificate of public convenience to Palm Beach
Transportation D/B/A Yellow Cab of the Treasure Coast subject to the terms and conditions
contained in Section 2, 3 and 4 of the Resolution.
SECTION 2. COlVIPLIANCE WITH CODE AND ALL APPLICABLE LAWS.
The Applicant agrees to comply with the requirements of all state and federal laws and regulations,
in addition to the Sebastian City Code requirements.
SEC~[.ON 3. LIABILITY INSURANCE. Applicants, P. Rodney Cunningham,
Owner, Jesse Craddis, Owner, and James Ban', President agree to obtain and maintain in full force
and effect a liability insurance policy in accordance with the requirements of Section 106-31 of the
Sebastian City Code.
SECTION 4. ESTABLISHED RATES FOR SERVICES. The following
established rates for applicant are attached hereto as Exhibit "A". Said rates shall not be modified
without prior approval of the City Council in accordance with Section 106-30 of the Sebastian City
Code.
SECTION 5.
herewith are hereby repealed.
SECTION 6.
upon its adoption.
CONFLICT. Ail resolutions or parts of resolutions in conflict
EFFECTIVE DATE. This Resolution shall take effect immediately
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Chuck Neuberger
The Mayor thereupon declared the Resolution dully passed and adopted this
day of
,1998.
CITY OF SEBASTIAN, FLORI~A
ATTEST:
By:
Ruth Sullivan
Mayor
Kathryn M. O~alloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Valerie Settles
City Attorney
0G/12/lgg8 18:32 1-5G1-334-2823 YELLOW CAB TC P~GE 82
Gerri L. Kranick
Telephone (561 ) 334-1606
Fax (561 ) 33.4-2023
YELLOW CAB OF THE T~EASURE COAST
RATE SHEET
~TER RATES:
$1.25 to turn the meter on / $1.75 per mile
$20.00 per hour wait time
AH~O,I~T RATES:
Flat rates are as follows:
FROM_~EBA.~TIA~N TO ~RNAT~.iO_.NAL AIRPORTS:
PALM BEACH $125.00
FT. LAUDERDALE $17~.00
MIAMI $225.00
ME, LBOURNE $ 40.00
ORLANDO
TAMPA $225.00
These fiat rates are given only ff the client asks for a fiat rate. If the client does not
ask for a flat rate, the trip i~ run on the regular meter rates listed above.
PRIV_AT~ ACCOUNT !LaxT~S~ (Personal or Corporate)
$130 per mile
W_QRIx~,RS COMPENSAT~ION ACCOUNTS:
$1.50 per mile with 2 hours free wait time
Any changes to these rates are made only by Gerri L. Kranick, Manager.
Manager
Yellow Cab of We Treasure Coast
1108 N.E. )ndusa'ial Boulevard
Jensen Beach, Florida 34957
Gerri L. Kranick
TelePhOne (561) 334-1606
Fax (561) 334-2023
May 12, 1998
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
ATTN.: Linda Galley
RE: Convience and Necessity Permit Application
Linda,
Enclosed please find our completed application and check for permit. Thank you for all
of your help. Please remm our paperwork to the above address, if you have any
questions, please do not hesitate to contact me.
Thank you.
Gem L. Kranick
GLK/jc
encl.
REQUEST FOR
PERMIT AND CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSYIW'
hereby make application to the City of Sebastian for a Permit and Certificate of Public
Convenience and Necessity as set forth in Chapter 106 of the Code of Ordinances of said city to
operate a vehicle for hire over the public thoroughfares of said city.
We respectfully request consideration to obtain a permit as above specified and hereby submit
the following information.
We respecOrully request permission to operate over the public streets of the City of Sebastian to
transport passengers. Applicant will pick, up and deliver passengers within the municipal
boundaries.
Applicant
requests permission to operate ~ - 3
t2 -ic ,
with a capacity of ,..~- passengers and a driver.
more vehicles in service as demand warrants.
(Ma e)
(Size and WeighO
Applicant reserves the right to put
The proposed rates are attached.
I/We hereby agree to conform with and abide by all rules and regulations which may be lawfully
prescribed by the City Council of the City of Sebastian in respect to the operation of vehicles for
hire within the city limita
shall be kept and maintained in safe operating condition. All vehicles shall be air conditioned
and radio dispatched
I/We certifiedwe will provide appropriate insurance coverage as specified by the Code of
Ordinances of the City of Sebastian, Chapter 106.
I/We respecO~ully request the Council approve a Permit and Certificate of Public Convenience
ami ~Vecessity~
STATE OF FLORIDA
COUNTY OF Ilgl)IAN RIVER
Subscribed and sworn to (or affmned) before me this .L~'day of
produced
[wh..~.o is/are personally known to me'or has/have
as identification.
Notary Public, Commission No. ~,..5 ~'"~
(Name of Notary, Printed or Typed)
ACC, RD,
COMMERCIAL RISK SERVICES, INC.
1600 WEST COMMERCIAL BLVD.
FORT LAUDERDALE, FL. 33309
ENSURED
PALM BEACH TRANSPORTATION, INC.
1700 N. FLORIDA MANGO RD.
WEST PALM BEACH, FL. 33409
CERTIFICATE OF LIABILITY INSURANCE ... ;..:.,
.............. , ~': ~ . ~ . . . --~" -7 ..... [ ; ' "-':':'::'";-'% : ....
THh~ C;.:I:!I',CA;, ...' .,'.,':,.,'., A.'., ,% .,A, .-'.~ ,..f :.%i'Ci'"..',IA;iCN
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A TRANSPOR1~ATION_CAtUAI.Ty INSURANC.~. COMPANY_
COMPANY
B
COMPANY
C
COMPANY
j D -
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
c°I
LTR TYPE OF INSURANCE POLICY NUMBER
GENERAl. LIABILII~'
COMMERCIAL GENERAL LIARILITY
~ ~] CLAIMS MADE [---~ OCCUR
OWNER'S & CONTRACTOR" PROT
A
AUTOMOIBILE LIABILITY
ANY AUTO
ALL OWNED AUTO,
SCHEDULED AUTOS
-X- HIRED AUTOS
~ NON-OWNED AUTOS
]~X SCHEDULED AUTO
POLICY EXPIRA?ION I
POLICYDATE (MM/DD/YY)EFFECT1VE BATE (MM/OO/YY) L LIMITS
GENERAL AGGREGATE
PRODUCT, - COMP/DP AGG
PERSONAL & AOV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person) $
COMBINED SINGLE LIMIT
BA01057653-06
5/14/97 5/14/98
GARAGE LIABILITY
ANY AUTO
EXCES, LiAIBILII'~
UMBRELLA FORM
I OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYER,' LiAIBIUTY
THE PROPRIETOR/ ~--] INCL
PARTNERS/EXECUTIVE
OFFICER, ARE: EXCL
OTHER
B~DiLY INJURY
(P.r..,~n) S 100,
000
BODILY INJURY
(Per accident) $ 300,000
PROPERTY DAMAGE $ 100) 000
AuTo ONLY. EA ACCIDENT $
OTHER
THAN
EACH ACCIDENT
AGGREGA~rE
EACH OCCURRENCE
AGGREGATE
EL EACH ACCIDENT
EL DISEASE - POLICY LIMIT
EL DISEASE . EA EMPLOYEE
DEECRIPTIONOFOPERATIO"SILOCATIO.S/VEHICLES/$PECIALITEMS *10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM.
ADDITIONAL INSURED: TELCO~ INC. ~ 1450 N.W~ 1 AVENUE, BOCA RATON~ FL. 33432.
C%!!':1~ 'CA'PC. !,:UL ;:"q %..:[; ! ,: 7r'-;:;";'.- :.'-;,' ........................
, . ;:; ...., :...~.,,.,:,...,... CA,~-,C.':I.!
A POLITICAL' SUBDi+isi~N OF THE 'STATE OF FLORIDA "" "" ...... "
. EX_~IOATiDN DATE THEREOF, THE ISSUING COMPANY WILL ENDI~AVOR TO MAIL
ITS OFFICERS, AGENTS, ~ EMPLOYEES __ DAYS WR,WEN NOT, CE ~O THE CERT,F,CATE HOLBER NAMES To THE
RISK MANAGtS~ DEPA/~%~ RUT ~A,.UnE TO MAr,. SUCH .BT, CE SH^L~ ,'.FOS~ .O OEUGAT, O. on L,AmUTY
ATTN: BILL MASON~ CPCU OF ~v .,NB UPOH ~.E COMPANY. ,TS A~E~OR .EP.ESENT~
160 AUSTRALIAN AVE, SUITE 401 ~U.~U)U.~B.EP.~SENTAT,VE /~ ['"/ ~5'kX
WEST PALM BEACH. FI,. 33/,06 (~ C~~ ~_ m .~0~ ~~ ~ ~" l
.~co~.~' 2=..s i~7~r.-) ' " .. kD, ..... !,: AClin..'5
Chapter 106
VEPiICLES FOR HIRE'
Ar~icte I. In Genernl
Secs. 106-1-106-25. Reserved.
Sec. 106.26.
Sec. 106-27.
Sec. 106-28.
Sec. 106-29.
Sec. 106-30.
Sec. 106-31.
Secs.
Sec. 106-51.
Sec. 106-52.
Sec. 106-53.
Sec. 106-54.
Sec. 106-55.
Sec. 106.56.
Sec. 106-57.
Sec. 106.58.
Article IL Tn.~dcabs
Division 1. Generally
Definitions.
Operation and maintenance of vehicles.
Inspect/on.
Passenger capaM~.
Ra~es; authorization by council; changes; posting.
106-32-106-50. Reserved.
Division 2. Permit and Cert~cate of Public Convenience and Necessity
Application.
Application f~.
FL~6ng time and giving notice of hearing.
He, ring; consideration of application; issuance or refusal of permit and certif-
icate.
D/sposition time for re~pplying at%er denial.
Revocation; authority of council; notice; he~--/ng, etc.
Holder to agree ~o new c~ndit/ons upon adoption by council.
Sees.
Sec. 106-76.
Sec. 106-77.
Sec. 106-78.
Sec. 106-79.
106-59-106-75. Reserved.
Division 3. Vehicles Operating on FLxed Route
Definitions.
Loading zone application.
Pe.,xnit to construct benches; restrictions. "
Revocation of pe.wnit; removal of £aciliW.
'Cross references-Businessem
and :racldng complies, ~ 30-52: :rm~c ~d ve...c.~,
CDi06:i
VEHICLES FOIl HIRE § 106-30
Alq. TICLE I. ~N GENE1R.kL
Secs. 106-1-106-25. Reserved.
ARTICLE H. TA,~ICABS
DMSION 1. GEN'ERALL¥
Sec. 106-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the me~n-
in~ ascribed to them in this sec~on, except where the con~e.xi clearly indicates a different
meanin$
Operation ora taxicab means the business of c~rrying or transporting passengers for hire
in any motor-driven vehicle over the public streets and alleys of the c/ry.
(Code 1980, § 29-16)
Cross reference-DeFmi~ions and rules o1~ construciion generally, § '1-2.
Sec. 106.27. Operation and maintenance of vehicles.
Ali motor vehicles operated and used as taxi~s shall be kept and maintained in a clean
and sale operating condition and shall he operated only by efficient and capable oper,~ors.
(Code 1980, § 29-17)
Sec. 106-28. Inspection.
It' the police department dete.,~aines tlmt any of the motor vehicles operated and used as
~.~dc~bs is unsafe, they shall advise the operator and owner thereof in writing of the nature
of items considered and found to be uns~e, and such vehicle shall be prohibited from operating
in the city until c~rrections and repairs are m~de.
(Code 1980, § 29-18)
Sec. 106.29. P~_~senger capacity.
No more persons shall be transp, oried at one ~ime than the manu£acturer's ra~ed c.~paci~
specified ,~or each vehicle used as a taxicab.
(Code 1980, § 29-19)
Sec. 106-30. P..ates; authorization by council; changes; posting.
Rates charged passengers for taxicab serHce shall be approved by the city council. Au-
thorized rates shall not be changed ~,vithout she consent of the city council. All rates For se~rice
shall be poszed in each vehicle used ~ ~ ~mxicab.
(Code 1980, § 29-20)
CD106:g
§ 106-31 SEBASTIAN CODE
Sec. 106.31. Liability insurance required.
Every owner or operator of a taxicab operating in the city under a fr-'mchise shall obtain
and maintain in full force and effect and applicable to such operation at all times during the
entire period thereof a liability insurance policy in the form and substance approved by the
c/fy, executed by an insurance company author/zed to do business in the state and acceptable
by the city. The terms and conditions of the policy shall he such as to provide protection for all
persons suffering injury, loss or damage to person or to property by reason of the negligent
operation of such t. ax/cnb by any person. The policy shall he in the coverage amounts of not less
than $100,000.00 for injury or de~th to any one person and not less than $300,000.00 for injury
or death to any persous caused by any one accident, and in the sum of not less than $~0,000.00
for damage to property resulting from any one accident. The policy shall specifically cover
liability for the operation ora taxi,--k A duly authent/ca~d copy of each such insurance policy
shall he fried with the city clerk and shall contain a provision whereby the insurance company
executing the policy shall, in the policy, obligate i~self to notify the city clerk in writhing not
less than 30 days before any alteration, modification, or cancellation of such insurance policy
is to become effective.
(Code 1980, § 29-21) ..
Secs. 106-32-106.~0. Reserved.
DMSION 2. PERMIT AND CERTIFICATE OF PUBLIC CONVENIENCE AND
N-ECESSITY
Sec. 106-51. Require&
It shall be unlawful for any person ~ operate a taxicab for hire or profit over any of the
public streets and aneys of the city unless and until such per~on shall have obtained a permit
and certificate of public convenience and necessi~ from the city council.
(Cede 1980, § 29-43)
Sec. 106-52. Appllc~tion. .
Any person desiring to engage in the business of operating a taxicab over the public
streets and alleys of the city sh~,fll make application to the cf!., council for a permit and
~.-'tificate of public convenience and necessity. The application shah be in wr/~ing, verified by
the applicant, and shall specify the following matters:
(l) The name and address of the applicant and the names and addresses of applicnnt's
officers, if any.
(2) The public streets and alle~ over which the applicant desfl'es to operate, or the
general territory within the co,orate limits of the city which the applicant desires to
serve.
(~) A brief descrintion, of' e--ch ve_.c..;.; :- which the apolicant, desires to use, including the
seating capacity, the make, the si?- and ~veight, and whether a ne:v or used car.
CD106:4
VEi~CLES FOR HIRE § iO~-~S
(4) A statement of the rates proposed to be char=-,~l by the applicant.
(5) An agreement on the par~ of the applicant to conform with, and abide by, all rules :u:d
regulations which may be lawfully prescribed by the city council in respect to the
operat/on of taxicabs.
(6) A finandal statement showing profit or loss, to be fried with the city clerk on an
annual basis on or before June 30 of each year.
(Code 1980, § 2944)
Sec. 106-53. Application fee.
Each applica~/on under this division shall be accompanied by payment of $§0.00 to be
placed in the general fund of the city and applied to the cost of notices and hearings and for the
admin/stza~ion of the provisions of this ally/sion.
(Code 1980, § 29-45)
Sec. 10~-~4. Fixing time and giving notice of hearing.
Upon ftling of an applicat/on and payment of the fee, as required by this division, the city
council shall Em a time for hearing on the application, which shall not be less than ~en days nor
more than 15 days subsequent to the f'fling of the application. No application for a permit shall
be gran~l or cm-~ica~ of convenience and necessity issued without a hearing by flue dry
council. N'o~ie, of such hearing shalI be given ~o flae applicant and to all persons who are
engaged in the taxicab business in the city, and shall he ma/led at least five days prior to the
date assigned for hearing of such application to the last known address of such persons and
shall be published at Iem~ five days before such hearing in a newspaper of general circula~on
in the d~y.
(Code 1980, § 29-46)
See. 106-55. Hearin~ consideration of application; issuance or refusal of permit and
e~cate. .
At the ~me specified in the noti~ of'hearing under the provisions of section 106-54, or at
such time as may be fixed by the ci~ council, a public hearing upon the application for a
pe.,vnit and ce.,'~ificate of' public conve~ence and n~essib/shall be he!d by the city council. At
or a~%er such hearing the city counc'.'I may issue a pe.~ni~ and cer'~ifica~e o£ public convenience
and nec~ssi~/as prayed £or; or refuse to issue such pe..'?nit and certificate; or may issue such
.=e..~ni~ and ce~ificate with modifications, or upon such ~erms and conditions as in its judg-
ment, public convenienc~ and necessib* may require; provided, that the city council in ~anting
any such pe..,vni~ and ce.~'gcate shall :M~e into consideration the follo~v/ng:.
(!) The public demands and :rzV, c conditions.
(21 The financial condition and moral character of the applicant.
The number, l~dnd, tl~e of equi?men: and :am_~ proposed.
CDIO6:S
§ 106-55 SEBASTIAN CODE
(4) Increased traffic congestion and ava/~ble parking space.
(5) The safe use of the streets and alleys.
(6) Such other relevant fact~ ~ the city council may deem advisable or necessary.
(Code 1980, § 2947)
Sec. 106-56. Disposition time for reapplying after denial.
No new application for a permit and certificate el' public convenience and necessity
engage in the business of operating a taxicab or bus service shall be permitted to be Fled where
a previous application covering substantially the same provisions has been previously denied
until after the ~piration of six months ~rom the denim of such prev~ou-~ application.
(Code 1980, § 29-49)
Sec. 106-57. Revocation; authority of co~nciI; notice; hearing, etc.
Whenever any person te whom a permit and certificate of public convenience and neces-
sity shall have been issued by the d~y council for the operation ofa taxic~ business in the city
shall violate any of the terms or condit/ons under which such permit and certificate was issued,
the c/ty council shall have the power to revoke the permit and certificate upon hearing duly
had, of which the applicant shall be given at leas~ ten days' no~ice in whig of the time and
place of such hearing and shall be fin-n/shed with a copy of the charges made a~ins~ such
person. Upon such hearing, if the city council shall de~ermine ~_at such charges are true and
that the person involved is guilty ofviolating any of the terms or conditions under wMch such
permi~ and cert~ca~e of publ/c convenience and necess/ty was issued, a~ specified in ~he
charges made age/nsf such person, then such permi~ shall be revoked by the city counc/1, and
such person sh~ll no longer be author/zed to be engeged in the ~dcab business in the city,
unless and until a new perrni~ and ce.,~flcnte shall have been issued in accordance with th'e
provisions o~' this division.
(Code 1980, § 29-50)
Sec, 106-~8, Holder to agree to new conditions upon adoption by cotmcil.
The holder o~'any certificate issued by authori~ oftMs division shall,z~ee ~o comply with
any new, additional or further conditions or inst~'uctions which may be imposed upon the
holder by the city council within 30 day~ lmm the date of adoption of the mot/on, resolution or
ordinance o£ the city council imposing a~di~ional ~ :ms, conditions or instruc~ons.
(Code 1980, § 29-48}
Secs. 106-59-106-7~. Reserved.
DMSION 3. VEHICLES OPERATING ON FECED ROUTE
Scc. 106-76. Definitions.
The following words, ten-ns and phrases, when used in this division, shall have the mean-
ings ascribed to them in this sec~.ion, except where the conte~ clearly indicates a different
meaning:,
CDi06:6
VEI-,qCLES FOR hIRE § 106-79
Permit holder means any person that holds a permit and ce~iflcate of public convenience
and n~essity to engage in the business of operating a t,~xicab over the public streets and alleys
of ~.he city on a freed, established route, such taxicab being commonly called a bus.
(Code 1980, § 29-33)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 106-77. Loading zone application.
Any pemnit holder may apply in wr/tlng to the city clerk for and as a part of his permit
for the establishment of a loading zone on the public streets. Such written application shall
designate the ~:act spot for such loading zone and, if and when approved by the city clerk, the
city shall mark, set apart and designate each of the spots as a loading zone for the use and
benefit of a permit holder, it shall be unlawful for any person to stop, stand or park any vehicle
in such loading zone except a permit holder.
(Code 1980, § 29-34)
Cross reference-Traffic and vehicles, ch. 98.
Sec. 106.78. Permit to construct benches; restrictions.
Any permit holder may apply in writing to the city clerk for a permig to erect, con.~truct
and maintain benches or seating for ~e use of the general public at any loading zone esfab-
lished under this division. Such permig shall sta~e the kind and type of seating and shall
indicate the spot on the public s~reet ~ight.of-way where the bench er .~eating shall be placed
and shall state any advertising, signs or painting to be placed thereon or afr~.xed thereto. Ii'and
when such application is approved by the city council, the city clerk shall issue a permit for the
specific public seating, painting and advertising and the permit shall nog be changed or altered
except by written amendment of the pe.,rni~ by the city clerk. Such seating shall be placed at
such a location as will, in the discretion of the city council, constitute a minimum Of interfer-
ence · ~th vehicular and pedestrian ~u~c on the public streets.
(Code 1980, § 29-35)
Cross reference-S~ree~s, sidewall and other public places, ch. 90.
Sec. 106-79. Revocation of penni[; removal of facility.
The city council ma,,, after 30 day~' notice in wr/ting delivered by mall to any permit
holder, evoke, c-~ncel and terminate any pe.wnit issued pursuant to this division and immedi-
ately upon such revocation, any pe..-rait holder shall remove any £acility placed on the public
streea pursuant to such permit. Should any pe.,rnit holder fail to remove such facili~.y, then the
city clerk shall remove and desley the :'aciHty. Any permit For construction o£benches granted
pursuant to this division shall become ar.d be deemed a part o£ the loadin=~ zone pe.,--nit of the
pe..,vnit holder, and upon revocation or suspension of ~-he loading zone permit, then any permits
for consn-..'.ction o£benches shall ~e:~.'~e be suspended or revoked.
(Code !980, §
CDi0&7
City of Sebastian
1225 MAIN STRE_'-'-T g SE"'~ASTiAN, FLORIDA 329E8
TELEPHONE (561} 589-5.330 a FAX (E61) 589-55,70
SEBASTIAN CITY COUNCIL
WORKSHOP
AGENDA
WEDNESDAY, JULY 15, 1998
FOLLOWING SPECIAL MEETING
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 Workshops (in accordance with R-97-2I).
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ~N_ORKSHOP ITEMS
98.089
A. Code Enforcement Procedures (Backup Forthcoming)
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS btEETYNG (OR ttEAR1NG) WILL NEED A RECORD OF THE PROC~Y)INGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCF-F. DINGS IS MADE, WHICH RECORD INCLUDES THE TF_.STIMONY AND EF1DENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105F. S.)
IN COMI:'LtANCE WITH THE AMERICANS W1TH DISABiI272~ ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADA COORf)INATOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing AsMstance Headphones are Available in Council Chambers for all Go~n, nment Meetings.
ITEM NO.
]ROLL CALL 1
Mrs. Cartwright
Mr. Neuberger 7'
Mr. Paul ¥
Mrs. Sullivan
Mrs. Wininger
ITEM NO.
ROLL CALL
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
ITEM NO.
ROLL CALL
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwfight
Mr. Neuberger
MOTION
SECOND
MOTION
SECOND
MOTION
'SECOND
ITEM NO.
ROLL CALL 4
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
MOTION
SECOND
ITEM NO.
ROLL CALL
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
MOTION
SECOND
ITEM NO.
ROLL CALL 1
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
ITEM NO.
ROLL CALL 2
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
ITEM NO.
ROLL CALL
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
ITEM NO.
ROLL CALL
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
MOTiON
SECOND
MOTION
SECOND
MOTION
'SECOND
MOTION
SECOND
iTEM NO.
ROLL CALL
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
MOTION
SECOND
ITEM NO.
ROLL CALL 1
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
ITEM NO.
MOTION
SECOND
MOTION
ROLL CALL
Mr. Neubcrgcr
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
iTEM NO.
ROLL CALL
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
ITEM NO.
ROLL CALL 4
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
SECOND
MOTION
SECOND
MOTION
SECOND
ITEM NO.
ROLL CALL5
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
MOTION
SECOND
City of Sebastian
1225 Main Street
~ebastian, Florida 32958
CITY COUNCIL
AGENDA PACKET
SPECIAL MEETING
(QUASI~JUDICIAL HEARINGS)
AND
WORKSHOP
(CODE ENFORCEMENT PROCEDURES)
WEDNESDAY, JULY 15, 1998 - 7:00 P.M.
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 g FAX (561) 589-E570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
QUASI-JUDICIAL HEARING(S)
WEDNESDAY, JULY 15, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED iN THE OFFICE OF THE CITY CLERK - I225 MAIN STREET, SEBASTIAN, FLORIDA
98.143
1-18
2.
3.
4.
CALL TO ORDER
PLEDGE OF ALLLEGIANCE
ROLL CALL
QUA~J-0UDICIAL PUBLIC HEARJNG(S), FINAL ADOPTION
(Procedures on Back of Agenda)
A.
Resolut[93 No. R-98-29 - Southfork S.~bdivision Preliminary Plat (Growth Management
Tri~r0ittal 7/6/98. P¥98-29, Application, Staff Rcport,.Location Map. Plat U.~d~r Separate CQYe0
A RESOLUI'ION OF THE CITY OF SEBASTIAN, INDIAN COUNTY, FLORIDA, APPROVING THE PRELIMINARY
PLAT FOR A SUBDIVISION KNOWN AS $OLrl'H~ORK; A REPLAT OF A PORTION OF TI-IE SEBASTIAN
HIGHLANDS UNIT 16 ADN 17; PROVIDiNG FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
98.144
19-36
gesolution No. R-9"~-28 - Permit and Certif~.~te of Public Convenience and NecesSity (City Cle[l~
Transmittal 7/9/98, R-98-28 w/Rates Attache~ Application, Insurance. Cah~pter 106)
A RESOLUTION OF THE CiTY OF SEBASTIAN IIWDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIi:ICATE
OF PUBLIC CONVENIENCE AND NECESSITY TO PALM BEACH TRANSPORTATION D/B/A YELLOW CAB OF
THE TREASURE COAST; PROVIDING FOR COMPLIANCE WITH THE REQUIREMM3ITS OF THE CODE OF THE
CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING
RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLU'IIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CIIT COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATiM
RECORD OF THE PROCEEDINGS IS MADE, VeT-IICH RECORD INCLUDES THE ~ONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105F. S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABIIJTIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
.~_ocedures for Quasi-J~(f~al Hearings as ~'ollows fin accordatwe with R-97-4t$):
· ,~.ay°r/Presiding Officer Opens Hearing and Outlines Rules
° ir~ty Attorney reads Ordinance or Resolution (if Applicable)
· yffRequested byAffectedParO, - Clerk/Secretary Administers Oath to Other Affected Party(les) Who Intend to Testify
· F~on-Land Use Matters. Disclosure of Eat-Parte Communication
· ~plicant Presentation . Uninterrupted 15 Minutes
o ,I~ttquiry of Applicont or Applicant's D'itnesses by Council/Board (or Staffor Applicant or Other Affected Parties through Mayor or Presiding
' Offcer)
° 1~ff~6~Presentation - Uninterrupted 15 Minutes
· ' Iffquiry of S,ta~ by Council/Board (or Applicant and/or Other Affected Parties through Mayor or Presiding Offiicer)
· t/Proponents Testimony - Up to 15 Minutes (these are affectedparties)
· ~vl~quiry of Proponents by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer)
° ~.fponents' Presentation. Uninterrupted 15 Minutes (these are affectedparties)
· ~/K~quiry of Opponents or Opponent's Witnesses by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or
Prfsiding Officer)
o .~fning of Informational Testimony - Any Member of Public with Information or Need for Clarification - 3 Minutes or 10 Minutes if
~Rejlresenting Groups of $ or More ·
· b~iquiry of Informational Witnesses by Council/Board
· ~osing o~f, public Information Period - No AdditionaIPublic Comments AllowedExcept in Response to Council/Board Questions
· ~' Applicant s RebuttalPresentation - 10 Minutes (AffectedParties or StaffMay Request to be Allowed to Point Out Errors of Fact or Ask
Questions of Applicont or Applicant Witnesses)
· StaffResponse and Summary- I0 Minutes (Response to Applicant, Proptnwnt& Opponents or Informational IVitnesses- Affected Parties
~ Request to be Allowed to Point Out Errors of Fact or Ask Questions of Staff or StaffWitnesses)
° oJtfity Council/BoardInquiry of Applicants, Proponent& Opponents or StaffMember
· Close Hearing Upon Completion of Testimony
· Act Upon Application
-Persons who desire to make a presentation or present information or comment on an application or item must register with the City Clerk or Board
secretary prior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures)
Affee~ed Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code ar Statut,, A homeowners or properly owners association
wkose members include an affected party shall be granted affected party status by the City Council/Board provided the association has been
established pursuant to Florida Law. A certificate of good standing, from the Florida Secretary of State's office and a resolution of the board of the
association authoriting said representation shall be filed with the CiO, Clerk 'S office prior to the entity '$ request to be granted affected party status.
Affected Parties May Request F~tension of Time from City Council/Board~ and may object to the introduction of any evidence, whereupon, the presiding
officer may rule upon the objection to the admissibility of any evidence, i"he City Council/Board members may affirm or overrule the ruling, Persons
addressing Council/Board shah identify any educational, occupational or other experience which may be relevant to the matter.
Disclosure of ex-parte communication in land-use matters ia not required and such non-disclosure shall not be deemed prejudicial to the decision of
the City Council/Board. Ail decisions of the City Council/Board on land use matters must be supported by substantial, competent evidence in the
record pertinent to the proceeding irrespective of such communications.
A person who appears before the decision making body who is not an affectedparO~ may be allowed to testify before the decision making body, may be
requested to respond to questions from the decision making body but need not be sworn as a witness arid is not be subject to cross-examination and is
not required to qualify as an expert witness. The decision making body shall assign weight and credibiHO, to such testimony as it deems appropriate.
City of Sebas_tian, Florida
Subject: Preliminary Plat of Southfork
Subdivision
Approved for Submittal by:
Department Origin: Growth Management (TH)
Exhibits: R-98-29, Application. Staff Report. Plat and Location Map
EX?ENDITURE AMOUNT BUDGETED:
KEQUtR~D: None
None
Date Submitted · July 06, 1998
For Agenda of: July 15, 1998
APPROPRIATION
KEQUIRED: None
SUMMARY
Mr. Harold Adams, Adams & Associates Developers Inc., has applied for Preliminary Plat
approval for a subdivision known as Southfork. The applicant has submitted preliminary plat plans
for a 69 lot subdivision on 32.61 acres of land. The subject property lies South of South Easy
Street, West of Schuman Drive and North and East of The Collier Waterway. Indian River
County Utilities are available to this property and the applicant is coordinating with the
appropriate utility providers. The proposed subdivision will be constructed as a multi-phase
development. The plan is for 3 phases to be constructed in successive years beginning in 1998
and concluding in 2000.
The City Engineer and City Planner have reviewed the application and recommend approval with
conditions.
The Planning and Zoning Commission has recommended approval with conditions.
RECOMMENDED ACTION
Hold a public hearing and approve Resolution R-98-29
RESOLUTION NO. R-98-29
A RESOLUTION OF TltE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT
FOR A StJBDMSION KNOWN AS SOUTH]FORK; A REPLAT OF
A PORTION OF TIlE SEBASTIAN E[IG/tLANDS UNITS 16 AND
17; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT ItEREWITgl; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Mr. Harold Adams, Adams & Associates Developers Inc., has
applied for approval of a preliminary plat for a subdivision known as Southfork; and
WItEREAS, the Planning and Zoning Commission of the City of Sebastian has
reviewed and recommends approval of the proposed preliminary plat,
NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. PRELIMINARY PLAT APPROVAL. The preliminary plat of
Southfork Subdivision, a replat of a portion of the Sebastian Highlands Units 16 and 17,
as prepared by Smith Surveying & Mapping Inc., dated June 1, 1998, Sheets 1 and 2, is
hereby approved with the following conditions:
Drainage and maintenance of Stormwater Tract "A" shall remain 'the
responsibility of the Developer or dedicated Homeowners' Association.
Applicant shall obtain and provide the City with an approved St. Johns
permit. Any changes to the submitted permit shall also be approved by the
City Engineer.
Standard sidewalks (a minimum of 4' wide~ shall be constructc:~ on the
East side of South Easy Street.
No construction shall be permitted until a subdivision construction permit
has been issued by the City. Engineer.
A silt screen shall be erected a minimum of twenty-five (25) feet from all
waterway s~A,~ ~ ~ ~
Construction of Phase I shall begin within eighteen (18) months from the
date of issuance of construction permits by the City Engineer. Phase II
shall begin within eighteen (18) months of completion of phase I. Phase III
shall begin within eighteen (18) months of completion of phase II.
Section 2.
hereby repealed.
CONFLICT. All resolutions or pans of resolutions in conflict are
Section 3. SEVERABIL1TY. In the event a court of competent jurisdiction
shall hold or determine that any pan of this resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall be further assumed that the City Council would have enacted the
remainder of the Resolution without said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 4.
upon final passage.
EFFECTIVE DATE. This Resolution shall take effect immediately
The foregoing Resolution
was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha S. Wininger
Councilmember Louise R. Camvright
Councilmember Larry Paul
Councilmember Chuck Nueberger
day of
The Mayor thereupon declared this Resolution duly passed and adopted this __
,1998.
CITY OF SEBASTIAN, FLORIDA
By:
Ruth Sullivan, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valefie Settles
City Attorney
Permit Application No.
City of Sebastian
Development Order Application
Applicant (If not owner, written authorization (notarized) from owner is required)
Name:
Harold D.
Address:
P. 0. Box
Phone Number: ( 561 )
E-Maih
Adams
1047 Sebastian, PT, ~29~8-1047
FAX Numbe~ (
589 - 0790
Owner (If different from applicant)
Name:
Adams & Associates Developers, Inc.
Address:
P.O. Box 1047 Sebastian, FL 32958-1 047
Phone Number:(561 ) 589 ' 0790 FAX Number: (
E-Maih
IType of permit or action requested:
Preliminary Plat
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, ORAWINGS, ETC. SHALL BE ATTACHED ANO 81/2' aY 11" COPIES OF ANY A]-FACHMENTS
SHALL BE INCLUDED. Al-tACH THE APPROPRIATE SUPPLEMETAL iNFORMATION FORM.
A. Project's Name (if applicable):
B. Site Information
Address:
N/A
Lot: Block:
Indian River County Parcel #:
Zoning Classification:
Unit:
South Fork Subdivision
Subdivision:
$oe T.~,~al DesnriDtion
Future Land Use:
Existing Use:
Proposed Use:
C. Description of propo~-ed activity and purpose of the requested permit or action (attach extra Sheets if
necessary): A r_eplat of a portion of Seba.~an_Hi~h!~s Unit~s .16 &17
DATE RECEIVED: ¢¢ /JJ/_~
Form CD-2001
A~roved: 08/27/97'
Revision:
Page ~ of 3
Development A~si/cation
Permit Application No,
D. Project Personnel:
Agent:
Name:
John Kinq
Address
103 Harison Pointe Drive
Phone Number.(561) 589 -3054
E-Mail:
Sebastian, FL 32958
FAX Number: ( )
AEorney:
Name:
Warren Dill
Address
1515 U. S. Hw¥ 1 Sebastian, FL
PhoneNumber:(561) 589 -1212 FAXNumber. (
E-Mail:
Engineer:
Name:
Mosby & Associates, Inc. Randy L. Mosby,
Address
2455 14th Ave. Vero Beach, FL 32960
Phone Number.(561) 569 0035 FAX Number. ( 561 )778
E-Mail:
3617
Survey__or:
Name:
James A. Fowler, PSM
Address
929 7th Ave. Vero BEach, FL
Phone Number.(561) 562 '4744
E-Mail:
32960
FAX Number. ( )
I, Harold D'. Adams , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: __ I AM THE OWNER [
AM THE L/CGAL~ENTATiVE OF THE OWNER OF THE PROPERTY OESCRIEIED WHICH IS THE SUBJECT MA~-rER OF: THIS
APPLIClA/~j~N[~t4J~T ALL THE INFOR~ON, ~PS, OATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
WHO IS PERSOHALLY KNOWN TO ME OR PRODUCED ~E _~
N OTARY'S SIGNATURE
/ /
COMMISSION No./ExPIRATION
! Aperoved: 08/27/'97 LRevision: F;,le Name: DoB
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendment
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I~E, ,~ THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE
SUBJECT OF THIS APPLICATION, HERESY AUTHORIZE EACH ANO EVERY MEMBER OF THE
BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE '~QARD*/"COMMISSION") TO PHYSICALLY EHTER UPON THE PROPERTY
AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENOING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE ~V~.Y HAVE, DUE TO THE QUAS1-JUOICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY ~OARD/COMMIS$1ON MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNI~_O STATES CONSTI'rUT~CN WERE V]Oi..ATED BY SUCH ENTERING OR VIEWING.
Sworn to and subscribed before me by
who is personally know_fa to me or produced ~ ,..,?f'y
as identification, this ~ day of ",-,~, ,19 ~._.~.
Commission No./Expiration ~ / '
Seal:
Form CD-200~
A ~roved: 08/27'/9
I Revision:
P~. e 3 ~f ~
Development Application
F~le Name: D~a
,- ~.". · iO'b,:'. J, 26~.'t.~ FR~]~I '-SEB~STI~H_C[-~.~L DEv.
I°errni~ ,~pplication No.
Supplemental Information
Preliminary Plat Approval
X 1. The following information is required on all preliminary plats;
A vicinity sketch showing the location et= the boundary lines and distance
of the land proposed for the subdivision in reference to other areas of
the city.
~ b. A north arrow, graphic scale, and date if preparation.
X c.
The name of adjacent subdivisions, if any, and the plat bcx3k and page
reference, together win the names of the owners of records having
interest in adjacent acreage.
× d.
The names, alignment, and width of all existing and proposed streets,
alleys, rights*of-way or easements adjacent to or within three hundred
(300) feet of the proposed subdivision including name, right-of-way
width, street or pavement width, and established center line elevation.
Existing streets shall be dimensioned to tract boundary.
X e. Alt existing and proposed property lines, easements and rights~of-way,
their purpose, their effect on the property to be subdivided, and the
proposed layout of lots and blocks.
X.f. Access points to collector and arterial streets showing their compliance to
access requirements.
X~ g. All existing drainage facilities.
X~ h. Existing and proposed utilities such as telephone, electricity, water,
:~ewer, gas, etc. on or adjacent to the tract. The preliminary plat shall
contain a statement that all utilities are available and have been
coordinated with the required utilities.
~ i. Site for proposed parks, recreational areas and ~chools.
N/A j. The location of any temporary structures or pem~anent structures having
a tempocaej use.
. k. If the proposed plat borders upon any public water bodies, delinate the
mean high water line.
X_~ I. Permanent reference mai(em shall be shown.
Form CD~2022
Revision: F;le Name: $~o~eptt
~-' OS,- ~ O'~/B at. 275-,~.1 F~,t-~',i SEB~$T I AH_CQrlrL DEV.
Permit Application Ne.
Attached the following:
× a. Six copies of the preliminary plaL (Two sets must be sealed.)
~ b. The name, address and telephone number of ~e mortgage holder or any
other person having a legal equitable or benefldat interest in the land
together with a statement fi.om such tho( they will join in the dedication or'
the propo,~ed subdivision..
× c. A surface water drainage facilities plan certified by an engineer or
architect registered in the State of Florida,
X,. d. A land survey with complete legal description prepared and certified by
a registered surveyor.
traffic impact analysis, if required.
_.~ f, An erosion/sedimentation control plan.
A contour map showing ground elevations at intervals of not more than
one foot of the area to be subdivided and of a perimeter stdp at least fi~3/
(50) feet and ap to one hundred and fifty (150) feet in width around the
area.
~ h. A statement concerning required potable water improvements,
wastewater improvements or on-site wastewater disposal data.
~X i. A schedule for multiple phases, if appropriate..
X j. A list of the names and addresses of all owners of parcels of real propecty
wrthin three hundred (300) feet of the parcel to be considered.
.~oErov~d: 1/'2'7/~7 [ Revision: I File N.~rne: ~pr'~plt
Community Development Department
Preliminary Plat Approval Application - Staff Report
1. Project Name:
South Fork Subdivision
2. Requested Action: Preliminary Plat approval for South Fork Subdivision.
3. Project Location
a. Address:
b=
Legal: A parcel of land lying in Section 19, Township 31 South,
Range 39 East, Indian River County, Florida, being, portions of Blocks
555 and 389, Sebastian Highlands Unit 11, as recorded in plat book 7,
page 56-56L, public records of Indian River County, Florida. Blocks 544
and 545, Sebastian Highlands Unit 16, as recorded in plat book 8, pages
45-45J, public records of Indian River County, Floridai' and blocks 553,
585, 586, 587 and 588, Sebastian Highlands Unit 17, as recorded in plat
book 8, pages 46-46P, public records of Indian River County, Florida,
being more particularly described as follows:
Commence at the Southeast comer of tract K, said Sebastian Highlands
Unit 17, said point being on the West right of way of Schuman Drive, and
also being the point of beginning of the herein described parcel, and run
South along the East line of block 588 and the said West right of way of
Schuman Ddve a distance of 150.00 feet; thence run South 45 degrees
00 minutes 00 seconds East a distance of 70.71 feet; thence run South
a distance of 135.00 feet to the North line of tract J, said Sebastian
Highlands Unit 17; thence run West along said North line of tract J a
distance of 220.00 feet; thence run South a distance of 43.77 feet to the
point of curvature of a curve concave to the Northwest having a radius of
200.00 feet and a central angle of 20 degrees 31 minutes 42 seconds;
thence along said curve for an arc distance of 71 66 feet to a point of
Tangency; thence run South 68 degrees 10 minutes 57 seconds West a
distance of 79.18 feet; thence run South 14 degrees 00 minutes 00
seconds West a distance of 125.00 feet to the point of curvature of a
curve concave to the Southwest having a radius of 389.74 feet, a central
angle of 14 degrees O0 minutes O0 seconds and a chord beadng of
North 83 degrees O0 minutes O0 seconds West; thence along said curve
an arc distance of 95.23 feet to a point of Tangency; thence run West a
distance of 418.46 feet to the point of curvature of a curve concave to
the Northeast having a radius of 235.69 feet and a central angle of 90
degrees O0 minutes O0 seconds; thence along said curve an arc
distance of 370.22 feet to a point of tangency; thence run North a
distance of 511.25 feet to the point of curvature of a curve concave to
the Southwest having a radius of 50.00 feet and a central angle of 90
degrees 00 minutes 00 seconds; thence along said curve an arc
distance of 78.54 feet to a point of tangency; thence along sai8d curve
an arc distance of 353.43 feet to a point of tangency; thence run North a
distance of 59.81 feet to the pint of curvature of a curve concave to the
Southeast having a radius of 350.00 feet and a central angle of 22
degrees 27 minutes 45 seconds; thence along said curve an arc
distance of 137.22 feet to the point of reverse curve of a curve concave
to the Southwest having a radius of 50.00 feet and a central angle of 67
degrees 27 minutes 45 seconds; thence along said curve an arc
distance of 58.87 feet to a point of tangency; thence run East a distance
of 49.55 feet; thence run North 45 degrees 00 minutes 00 seconds East
a distance of 89.96 feet; thence run South 45 degrees 00 minutes 00
seconds East a distance of 80.12 feet; thence run North 45 degrees 00
minutes 00 seconds a distance of 80.00 feet; thence run North 45
degrees 00 minutes 00 seconds West a ~listance of 46.76 feet; thence
run North 45 degrees 00 minutes 00 seconds East a distance of 125.00
feet; thence run East a distance of 33. 76 feet; thence run South a
distance of 51.65 feet; thence run East a distance of 402.83 feet to the
East line of lot 29, block 545, said Sebastian Highlands Unit 16; thence
run South 00 degrees 05 minutes 08 seconds East a distance of 330.00
feet; thence run East a distance of 371.09 feet; thence run South a
distance of 140.00 feet; thence run East a distance of 952.57 feet to the
point of beginning.
Containing 32.61 acres of land, more or less.
c. Indian River County Parcel Number:
4. Project Owner:
5. Project Agent:
Adams & Associates, Developers, INC.
P. O. Box 1047
Sebastian, Ftodda 32958
(561) 589-0790
Adams & Associates, Developers, INC.
P. O. Box 1047
Sebastian, Florida 32958
(561) 589-0790
6. Project Engineer:
Mosby and Associates, INC.
2455 - 14th Avenue
Vero Beach, Flodda 32960
(561) 589-0035
7. Project Surveyor:
Smith Surveying and Mapping, INC.
1400 Palm Bay Road, NE
Palm Bay, Flodda, 32905
(561) 589-3228
2
8. Project Description
Narrative of proposed action: The applicant has submitted preliminary
plat plans for a 69 lot subdivision on 32.61 acres of land. The subject
property lies South of South Easy Street, West of Schuman Ddve and
North and East of The Collier Waterway. Indian River County Utilities
are available to this property and the applicant is coordinating with the
appropriate utility providers. The proposed subdivision will be
constructed as a multi-phase development. Construction of Phase i
shall begin within eighteen (18) months from the date of issuance of
construction permits by the City Engineer. Phase II shall begin within
eighteen (18) months of completion of phase I. Phase III shall begin'
within eighteen (18) months of completion of phase I1.
b. Current Zoning:
c. Adjacent Properties
Zoning
North: RS-lO
East: RS-10
South: RS-10'
West: RS-10
d. Site Characteristics
RS-lO
Current Land Use
Future Land Use
Residential LD
Residential LD '
Residential LD
Residential LD
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) ' Vater Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
32.61 acres
Vacant
Riviera
Urban Forest
Zone X
Indian River County Utilities
Indian River County Utilities
Schuman Drive Park ¼ mile
Sebastian Police 5 miles
Indian River Fire 2 miles
10.
Comprehensive Plan Consistency
a. Future Land Use:
b. Traffic Circulation:
c. Housing:
d. Public Facilities:
e. Coastal Management:
f. Conservation:
g. Recreation and Open Space:
Contents of Preliminary Plat:
Consistent
Consistent
Consistent
Consistent
Consistent
Consistent
Consistent
f.
g.
h.
i.
j.
k.
I.
name of subdivision: provided - South Fork Subdivision
vicinity sketch: provided
legal description including section, township and range:
north arrow graphic scale: provided
date of preparation: provided - February 1998
name, address, and telephone of applicant: provided
provided
name, address, and telephone of owner of record: provided
name, address, and telephone of mortgage holder: provided
statement that they will join in the dedication: provided
name, address, and registration number of enqineer: provided
name, address, and registration number of surveyor: provided
name of adjacent subdivisions, if any, including plat book and page
number reference: provided
names of owners of record of adjacent acreage: provided
contour map including a perimeter strip up to 150 feet in width.
provided
all existing watercourses, drainage ditches and bodies of water,
marshes, and other significant, natural or man-made features:
provided
name, aliment and width of all existing and proposed streets, alleys,
rights-of-way or easements including name, right-of-way width,
street or pavement width and established center line elevations:
provided
all existing and proposed property lines, easements and right-of-
ways, their purpose, their effect on the property to be subdivided,
and the proposed layout of lots and blocks: provided The
subdivision is subject to a 125 foot wide Flodda Power and Light
Company Easement across Blocks 545, 389 and 587.
access points to collector and arterial streets showing compliance
to the access requirements: provided
all existing drainage district facilities and the ultimate right-of-way
requirements: provided
utilities such as telephone, power, water, sewer, gas, etc., on or
adjacent to the tract: provided
a statement that all utilities are available and have been coordinated
with all required utilities: provided
v. sites proposed for parks, recreational areas and schools: N/A
location of all temporary structures or permanent structures having
a temporary use: N/A
x. if borders public water, delineate the mean high water line: 8 feet
plan for stabilizing shoreline with natural vegetative cover or other
environmentally sensitive manner acceptable to DEP and the city:
not provided
permanent reference monuments shall be shown at all block
corners, at all points of reverse or compound curvature, and at all
points of tangency occurring with block limiting lines: provided
aa.
block perimeter returns at block corners or other block line
intersection: provided
4. Required Supplemental Information
a. existing land use policy and proposed policy changes: provided
b. on-site wastewater disposal data: provided - Indian River County
c. surface water management plan: provided - Indian River County
traffic impact analysis: The proposed subdivision is not required to
provide a traffic impact analysis per Section 20A-10.2(D)l of the Land
Development Code.
Residential use IO.O/D.U. x 64 units = 640. According to
section 20A- lO. 2(D) l, a transportation impact study shall
be required if:
A proposed development generates more than one
thousand (1,000) t/fps per day.
According to code, a traffic impact analysis statement is not
required.
e. required park land and/or facility improvements: N/A
reqUired potable water improvements: provided
required wastewater improvements: provided
h. erosion and sedimentation control improvements: provided
i, reference to required improvements
ii.
iii.
iv.
V.
vii.
X.
xi.
xii.
XlII.
xiv,
XV.
xvi,
xvii.
xix.
access: provided
alleys: provided
blocks: provided
bddges: none
comprehensive stormwater management system: provided
easements: provided
lots: provided
seawalls, bulkheads, piers and docks: not provided
soils: provided
streets: provided "
bicycle/pedestrian paths: provided
off-street parking areas: provided
utilities: provided
utility installation: provided
central water system: provided
central wastewater system: provided
individual sewage systems: provided
water and sewage treatment and processing plants: N/A
median strips and entranceways: provided
traffic control devices: provided
xxi.
xxii.
XXlII.
monuments: provided
commercial and industrial subdivisions:
mobile home subdivisions: N/A
N/A
j. schedule of multiple phases: provided
According to Section 20A-16.4(D). Schedule of development phases:
The applicant may schedule proposed development phases
within any proposed subdivision, The scheduled development
phases shall have been specified on the approved preliminary
plat and shall be of such a size and design and be scheduled so
that all portions completed at any time can exist independently as
a subdivision in complete conformity with the requirements of this
ordinance. Any change in the schedule of phases must receive
pdor approval by the planning and zoning commission. If
phased, the applicant shall have the option of requesting either
final plat approval or the issuance of a certificate of completion
on one or more of the development phases in conformity with all
procedures and requirements of this ordinance.
Construction of Phase I shall begin within eighteen (18)' months from the
date of issuance of construction permits by the City Engineer. Phase II shall
begin within eighteen (18) months of completion of phase I. Phase III shall
begin within eighteen (18) months of completion of phase I1.
5. Fee paid: provided
6. City Engineer's review: City Engineer has the following recommendations:
Standard sidewalks, a minimum of 4' wide, shall be constructed on the
East side of South Easy Street.
The subdivision is subject to a 125 foot wide Flodda Power and Light
Company Easement across Blocks 545, 389 and 587.
No construction shall be permitted until there is a pre-construction
meeting with the City of Sebastian, the developer, his engineer and
general contractor.
7. City Attorney's review:
Other Matters: Staff has not received any negative comments from Indian
River County concerning the impact on neighboring scrub jay habitat. Nor has
staff received comments from Florida Power and Light concerning Stormwater
Tract "A" being constructed within a portion of their easement which runs North
to South along the East Central area of this project.
10.
11.
Analysis: The applicant has submitted preliminary plat plans for a 69 lot
subdivision on 32.61 acres of land. The subject property lies South of South
Easy Street, West of Schuman Ddve and North and East of The Collier
Waterway. Indian River County Utilities are available to this property and the
applicant is coordinating with the appropriate utility providers. The proposed
subdivision will be constructed as a multi-phase development. Construction of
Phase I shall begin within eighteen (18) months from the date of issuance of
construction permits by the City Engineer. Phase II shall begin within eighteen
(18) months of completion of phase I. Phase III shall begin within eighteen (18)
months of completion of phase Ii.
Conclusion: The submitted-plat is consistent with the Land Development
Code, Comprehensive Plan and Code of Ordinances. The planning and zoning
commission has adopted this staff report and recommends approval to city
council.
Recommendation: The Staff recommends .the City Council approve the
preliminary plat for Southfork Subdivision with the following conditions:
Drainage and maintenance of Stormwater Tract "A" shall remain the
responsibility of the Developer or dedicated Homeowners' Association.
Applicant shall obtain and provide the City with an approved St. Johns
permit. Any changes to the submitted permit shall also be approved by
the City Engineer.
Standard sidewalks (a minimum of 4' wide) shall be constructed on the
East side of South Easy Street.
No construction shall be permitted until a subdivision construction permit
has been issued by the City Engineer.
A silt screen shall be erected a minimum of twenty-five (25) feet from all
waterways.
Construction of Phase I shall begin within eighteen (18) months from the
date of issuance of construction permits by the City Engineer. Phase II
shall begin within eighteen (18) months of completion of phase I. Phase
III shall begin within eighteen (,18) months of completion of phase II.
PREPARED BY
DATE
8
WATERWAY
38E
SCHUMANN
City of Sebastian
1225 Main Street
Seba~t-ian~ Florida $2958
Telephone (561) 5S9-5330
F~ (561)
Subject: Public Hearing (Quasi-Judicial) for Palm
Beach Transportation dba Yellow Cab of the
Treasure Coast Application for Permit and
Certificate of Public Convenience and Necessity
Adopt Resolution No. R-9g-2g
. Agenda No. ~./~/~/
Department Origin: City Clerk
Date Submitted: 7/9/98
Approv~e~ for Submittal by: City Manager For Agenda of.' 7/15/98
Exhibits: Resolution No. R-98-28, Application, Insurance, Chapter 106
Expenditure Required:
Amount Budgeted: I Appropriation Required:
~UMMA~Y STA~M~NT
City Council, in accordance with Section 106-54 of the Code of Ordinances, scheduled a quasi-judicial
hearing for July 15, 1998 on an application from Palm Beach Transportation dba Yellow Cab of the Treasure
Coast for permit and certificate of public convenience and necessity.
In accordance with 106-28, we contacted the Chief of Police, who indicated that his department has no means
to perform these inspections.
~CO~£NDEp ACTION
Conduct the quasi-judicial hearing and adopt Resolution No. R-98-28 approving a permit and certificate of
public convenience and necessity for Palm Beach Transportation dba Yellow Cab of the Treasure Coast,
subject to the cab company obtaining a letter certifying the acceptable condition of the vehicles by an ASE
certified mechanic. '~
Additionally, direct the City Attorney to review and amend Code of Ordinances Chapter 106.
RES_OLUTION NO. R-98-28
A RESOLUTION OF ~ CITY OF SEBASTIAN INDIAN RIVER
COUNTY, FLORIDA, GRANTING A CERTI~CATE OF PUBLIC
CONVENIENCE AND NECESSITY TO PALM BEACH
TRANSPORTATION D/B/A YELLOW CAB OF Tl~ TREASURE COAST;
PROVIDING FOR COMPLIANCE W1Ttt TIlE REQUIREMENTS OF THE
CODE OF TIrE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS;
PROVIDING FOR LIABILITY INSURANCE; ESTABLISItING RATES
FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida, is authorized to grant
permits and certificates of public convenience pursuant to Section 106-51 °fthe City Code; and
WFIEREAS, P. Rodney Cunningham, Owner, Jesse Gaddis, Owner, and James Barr,
President of Palm Beach Transportation D/B/A Yellow Cab of the Treasure Coast, have submitted
an application for certificate of' public convenience and necessity ~'om the City of' Sebastian in
accordance with Section 106-52 of the Sebastian City Code; and
Wl~REAS, a public hearing on the applicants' request for said certificate was held by the
City Council as a regularly scheduled meeting on July 8, 1998, in accordance with Section 106-54
of the Sebastian City Code; and
WHEREAS, the City Council considered the requirements of Section 106-55 in assessing
public demands and traffic conditions, the financial condition and moral character of the applicant,
number, kind, type of equipment and rates proposed to be utilized by the applicant; increased traffic
congestion and available parking space, and the safe use of the streets and alleys and such other
relevant facts as the City Council deemed advisable or necessary.
NOW THEREFORE, BE IT RESOLVED BY TIlE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
SECTION 1. APPROVAL. The City Council of the City of Sebastian, Indian River
County, Florida, hereby grants a permit and certificate of public convenience to Palm Beach
Transportation D/B/A Yellow Cab of the Treasure Coast subject to the terms and conditions
contained in Section 2, 3 and 4 of the Resolution.
SECTION 2. COMPLIANCE WITB CODE AND ALL APPLICABLE LAWS.
The Applicant agrees to comply with the requirements of all state and federal laws and regulations,
in addition to the Sebastian City Code requirements. 7:~~~,~-~-~,-~,~
SEL~rION 3. LIABKaVlW INSURANCE. Applicants, P. Rodney Cunningham,
Owner, Jesse Caddis, Owner, and James Ban', President agree to obtain and maintain in full force
and effect a liability insurance policy in accordance with the requirements of Section 106-31 of the
Sebastian City Code.
,~t~CTION 4. ESTABLISHED RATES FOR SERVICES. The following
established rates for applicant are attached hereto as Exhibit "A". Said rates shall not be modified
without prior approval of the City Council in accordance with Section 106-30 of the Sebastian City
Code.
~ECTI_ON 5.
herewith are hereby repealed.
SECTION, 6.
upon its adoption.
CONFLICT. All resolutions or parts of resolutions in conflict
EFFECTIVE DATE. This Resolution shall take effect immediately
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Coun¢ilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Chuck Neuberger
The Mayor thereupon declared the Resolution dully passed and adopted this
day of
,1998.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Ruth Sullivan
Mayor
Kathryn M. 0~alloran, CMC/AAE
City Clerk
(SE )
Approved as to Form and Content:
Valerie Settles
City Attorney
86712/1998 18:32 1-561-334-2023 YELLOW CAB TC PAGE 02
Manager
yellow C.,<qb of tl~ Tr~eg$~.ir~ COltSt
1108 NE ~dus~ ~md
Gerri L. Kranick
Telephone, (56
Fax (~61)
YELLOW CAB OF THE T~EASURE COAST
RATE SHEET
RATES:
$1.25 to turn the meter on / $1.75 per mile
$20.00 per hour wait time
^m.PoRI~
Flat rates are as follows:
FROM 8EI~ASTiAN T_O INTERNATIQNAL AIRPORTS~
PALM BEACH $125.00
FT. LAUDERDALE $175.00
MIAMI $2~5.00
MELBOURNE $ ~00
ORLANDO $100.00
TAMPA g225.00
These fiat rates are given only if the client asks for a fiat rate. If the client does not
ask for a flat rate, the trip is run on the regular meter rates listed above.
pRLVATE ACCOUNT RATES: (Personal or Corporate)
$1_~0 per mile
WORICF, BS CO~rE,NSATION ACC_OI~X.~L
$1.50 per mile with 2 hours flee wait time
Any changes to these rates are made only by Gerri L. Kranick, Manager.
Manager
Yellow Cab of Uqe Treasure Coast
1108 N.E. lndusa'ial Boulevard
Jensen Beach, Flodda 34957
Gerri L. Kranick
.... ~'~el;p.one (66~) 334~16~6
Fax (561) 334-2023
May 12, 1998
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
~4 TTN.: Linda Galley
RE: Convience and Necessity Permit Application
Linda,
Enclosed please find our completed application and check for permit. Thank you for all
of your help. Please return our paperwork to the above address. If you have any
questions, please do not hesitate to contact me.
Thank you.
Gerd L. Kranick
GLK/jc
encl.
REQUEST FOR
PERMIT AND CER~C,ATE OF PU'BLLC CONVENIZNCE AND NECESSyIW
,
hereby make application to the City of Sebastian for a Permit and Certificate of Public
Cotrvenience and Necessity as set forth in Chapter 106 of the Code of Ordinances of said city to
operate a vehicle for hire over the public thoroughfares of said city.
We respectfully request consideration to obtain a permit as above specified and hereby submit
the following information.
We respectfully request permission to operate over the public streets of the City of Sebastian to
transport passengers. Applicant will pick up and deliver passengers within the municipal
boundaries.
Applicant requests permission to operate ,~ - 3
'(Mode0
with a capacity of ~ passengers and a driver.
more vehicles in service as demand warrants.
(MakO
(Size and Welgh0
Applicant reserves the right to put
The proposed rates are attached.
I/We hereby agree to conform with and abide by ali rules and regulations which may be lawfully
prescribed by the City Council of the City of Sebastian in respect to the operation of vehicles for
hire within the city limits.
shah be kept and maintained in safe operating condition. AH vehicles shah be air conditioned
and radio dispatched.
I/We certified ~e wiil provide appropriate insurance coverage as specified by the Code of
Ordinances of the City of Sebastian, Chapter 106.
I/We respecO-eully request the Council approve a Permit and Certificate of Public Convenience
and Necessity.
~ Wimess:
STATE OF FLORIDA
COUNTY OF I/q'DIAN RIVER
Subscribed and sworn to (or affirmed) before me this/~ day of
[wh_~_o is/are personally known to me'or has/have
as identification.'
Notary Public, Commission No. ~'-~
(Name of Notary, Printed or Typed)
.i A , ,;..CERTIFICATE OF LIABILITY.,INSURANCE.. ...........
,,~.,~_,~ ~ .,.. .... : ............ . .......................................... . ........ , .... ~ .... ,,~ :~>~ 9/29/97
PRODUCER THIS CERTIFICATE IS ISSUED AS A MA'I-rER OF INFORMATION
COP~RCIAL RISK SERVICES, INC.
1600 WEST COMMERCIAL BLVD.
FORT LAUDERDALE, FL. 33309
INSURED
PALM BEACH TRANSPORTATION, iNC.
1700 N. FLORIDA MANGO RD.
WEST PALM BEACH, FL. 33409
COMPANY
~ D
C,O.~I~R~G. ES,;~,::,>,'~;,,,;~,',, ;,~;,,,, ,,,,.~>,~,, ~:, ............... , ................ ~:~,' ," , ...... '",, ', ", '. ~,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I
I TYPE OF INSURANCE
CD
LTR
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
~--] CLAIMS MADE ~'-~ OCCUR
OWNER*S & CONTRACTOR'S PBOT
AUTOMOBILE LIABILI'I'Y
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
'~ HIRED AUTOS
~ NON-OWNED AUTOS
A ]R~ SCHEDULED AUTO
GARAGE LIASlUTY
ANY AUTO
POLICY NUMBER
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A TRANSPORTATION C~_UALTL~i%5[IRANCV. COMPANY._
COMPANY
B
COMPANY
c
POLICY EFFECTIVE POLICY EXPIRATION I
DATE (MMJDD/YY) DATE (MM/DD/YY) LIMITS
GENERAL AGGREGATE
PRODUCTS - COMP/DP AGG $
PERSONAL & ADV INJURY $
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MHD EXP (Any one perso.) $
BA01057653-06
5/14/97 5/14/98
ESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/ ~ INCL
PARTNER~EXECUTIVE
· OFFICERS ARE: EXCt.
OTHER
COMBINED SINGLE LIMIT
B~OILY INJURY
(p..~.~.) s 100,000
BODILY INJURY
(p.~ ~.,,) $ 300,000
PROPERW ~AMA~
AUTO O.LY- EA ACC,~ENT
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
EL EACH ACCIDENT
EL OISEASE· POLICY LIMIT
EL DISEASE . EA EMPLOYEE
L
DESCRIPTION OPOPERATIONS/LOCATIONSIVEHICLESISPECIALITEMS
*10 DAYS NOTICE OF CANCELIATION FoR NON-PAYMENT OF PREMIUM.
ADDITIONAL INSURED: TELC0, INC., 1450 N.W, 1 AVENUE, BOCA RATON, FL. 33432.
, P~ B~CH
~U~,BO~D OF CO~ COmmISSION'S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ~E
A POLITI~ S~D~ISION OF ~ STA~ OF ~ORID~ ~x~,~Tio. ~ TH~.~o~. ~.~ ,ssu,.~ co~.~.~ w,~ ~.~Avo. ~o ~,~
ITS OFFICERS, AGENTS ~ AND EMPLOYEES
RISK MANAGEMENT DEPARTMENT
ATTN: BILL MASON, CPCU
160 AUST?~YLI~N AVE, SUITE 401
W-EST .PALM BF. ACH.. ~v.. 33406
-- DAYS WRI'I-FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF /A~NY KIND UPON THE COMPANY. ITS AGEN~ OR REPRESENT~t~ES.~
Chapter 106
VEltICLES FOR HIRE'
Article I. In Generul
Secs. 106-1-106-25. Reserved.
Article II. Ta.~cabs
Division 1. Generally
Sec. 106-26. Definitions,
Sec, 106-27. Operation and maintenance of vehicles.
Sec. 106-28. Inspection.
Sec. 106-29. Passenger capa6ty.
Sec. 106-30. Rates; authorization by council; changes; posting.
Sec. 106-31. Liability insurance require&
Secs. 10532-106-50. Reserved.
Sec. 106.51.
Sec. 106-52.
Sec. 106-53.
Sec. 106-54.
Sec. 106-55.
Sec.
Sec.
106-56.
106-57.
106-58.
Sec. 106-76.
Sec. 106-77.
Sec. 106-78.
Sec. 106-79.
Division 2. Permi~ and Certificate of' Public Convenience and Necessi~7
Application.
Application f~.
Fixing time and giving notice of hearing.
Hearing;, conside.--ation of' application; issuance or refusal of perm/t and cert/f-
Disposition time for reapplying after denial.
Revocation; authority of council; notice; hearing, etc.
Holder to agree to new conditions upon adoption by council.
106-59-106-75. Reserved.
Division 3. Vehicles Operating on FLxed Route
Definitions.
Loading zone application.
Perrni~ to construct benches; restrictions. ,."
Revocation of permit; removal of facility.
'Cross referenc~s-Busine,se_,, o ~ , -~ a0;~ license rexes on buses and bus campanies, * ,c ~
and ;fac!ring camp~ies, ~ ~0-~_: :rmEc ' ,, '; ~ a~ ~ ,emc.em, c~ ....
CD!O~:!
VEHICLES FOR HIRE § 106-S0
A. RTICT,W. I. IN GENER.AL
Secs. 106-1-106-25. Reserved.
ARTICLE II. TAXI[CABS
DMSION 1. GENERALLY
Sec. 106.26. Definitions.
The following words, terms and phrases, when used in this at-tide, shall have the mean-
ing~ ascribed to them in ~his section, except where the context clearly indicates a different
meaning.
Ope~oa ora ~ca$ means ~he business of carrying or ~rarmporting passengers for hire
in any motor*driven vehicle over the public streets and alleys of the
(Code 1980, § 29-16)
Cross reference-DeFmi~ions and rides of construction generally, § '1-2.
Sec. 106-27. Operation and maintenance of vehicles.
All motor veh/cles operated and used as taxicabs shall be kept and ma/n~ined in a clean
and safe opera~ing condition and shall be operak~l only by efficient and capable opera~ors.
(Code 1980, § 29-17)
Sec. 106.28. Inspection.
If the police departvnent determines tha~ any of the motor vehicles operated and used as
~'dcabs is unsafe, ~hey shall advise the operator and owner thereof ~n writing o£ the nature
o£items considered and found ~o he unsafe, and such vehicle shall be prohibited from operating
in the ci~ until c~rrec~ions and repairs are made.
(Code 1980, § 29-18) '
Sec. 106.29. Passenger capacity.
No more persons shall be tran~orted ag one time than the manufacturer's rated capaci~
spec!fled for each vehicle used as a taxicab.
(Code 1980, § 29-19)
Sec. 106-80. Rates; authorization by council; changes; posting.
Pates char==ed pm~sen~ers for taxicab set, ce shall be approved by the city council. Au-
thorized rates shMI no: be ch~ged '.~thout the consens of the city council. ~1 rates for serzice
shall be posted in each vehicle us~ ~ a ~b.
(Code 1980, ~ 29-20)
CDIC6:3
§ 106-31 SEBASTIAN CODE
Sec. 106-31. Liability insurnnee required.
Every owner or operator o£ a taxicab operating in the city under a £ranchise shall obtain
and maintain in full force and effect and applicable to such operation at all times during the
entire period thereof a 1/ability insurance policy in the form and substance approved by the
city, executed by an insurance company authorized tn do business in the sta~e and acceptable
by the city. The terms and conditions o£ the policy shall be such as to provide protection for all
persons suffering injury, loss or damage to person or to property by reason o[' the negligent
operation of'such taxicab by any person. The policy shall be in the coverage amounts of'not less
than $100,000.00 for injury or death to any one person and not less than $300,000.00 for injury
or death to any persons cansed by any one accident, and in the sum of not less than $§0,000.00
for damage ~o prop~ resulting from any one acc/dent. The policy shall specifically cover
liabilit~ for the operation of a taxicab. A duly authenticated c~py of each such insurance policy
shall he fried with the c/~y clerk and shall contain a provision whereby the insurance company
executing the policy shall, in the policy, obligate i~self to notify the city clerk in writing not
less than 30 days before any alteration, modification, or cancellation of such insurance policy
is to become effective.
(Code 1980, § 29-21)
Secs. 106-32-106-50. Reserved.
DW~S~ON 2. PER_IVI~ AND CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY
Sec. 106.51. Required.
It shall be tm]awful for any person +.o operate a ~.xicab for hire or profit over any of the
public s~reets and alleys of the city unless and unKl such person shall have obtained a permit
and cer~iticate of public convenience and necessity from the cib/council.
(Cede 1980, § 29.43)
Sec. 106.52. Application. ~
Any person desiring to engage in the business of operating a t~xicab over the public
streets and alleys of' the ci~ sh~,A1 make application to the city council for a permit and
~r~iEcate of public convenience and necessity. The application shall be in writing, verified by
the applicant, and shall spec/fy the following matte~:
(I) The name and address of the applicant and the names and addresses of applicant's
o~ce.,'s, if any.
(2) The public streets and alleys over which the applicant desires to operate, or the
general terr/~or7 within the coGomte limits af ~he ci~-v which the applicant desires to
se~/e.
(3) A brief desc~ivtion, o£ each ve...c..~; :o which the at~licant., desires to use, including the
sea~ing capac2~y, the make, ~he si:e and weigk~,, and whether a new or used car.
CD106:4
VEF~CLES FOR HIRE § 10~-~
(4) A statement o£ the rates proposed to be char~ed by the applicant.
(5) An agreement on the part of the applicant to conform with, and abide by, all rules and
regulations which may be lawfully prescribed by the city council in respect to the
operation of taxicabs,
(6) A financial statement showing profit or loss, to be filed with the city clerk on an
annual basis on or before June 30 of each year.
(Code 1980, § 29-44)
Sec. 106-53. Application fee.
Each application under this division shall be accompanied by payment of $50.00 to be
placed in the general fund of the city and applied to the cost of notices and hearings and for the
administration of the provisions of this division.
(Code 1980, § 29-45)
flee. 106-54. Fixing time and giving notice of hearing.
Upon Filing of an application and payment of the fee, as required By thi.~ division, the city
council shall fix a time for hearing on the application, which shall not be less than ~en days nor
more than 15 days subsequent to the f~Iing of the application. No application for a permit shall
be granted or certificate of convenience and necessity issued without a hearing by the city
council. Notice of such hearing shalI be given to the applicant and to all persons who are
engaged in the taxicab business in the city, and shall be mailed at least five days prior to the
date assigned for hearing of such application to the last known address of such persons and
shall be published at least five days before such hearing in a newspaper of general circulation
in the city.
(Code 1980, § 29-46}
Sec. 106-55. Hearing consideration of application; issuance or refusal of permit and
certificate.
At the time specified in the noti~ of hearing under the provisions of section 106-54, or a~.
such time as may be f'~xed by the city council, a public hearing upon the applic ~.tion for a
permit and certHica~e of public convenience and necessity shall be held by the city council At
or after such hearing the city counc'.'l may issue a pC.Whit and certi/]cate of public convenience
and necessity as prayed for; or refuse to issue such pe..~:nit and ce~iilcate; or may issue such
pe-'~mit and certificate with modi~cn~ions, or upon such terms and conditions as in its judg-
ment, public convenience and necessiW may requ/re; provided, that the city council in g'ranting
any such pe..-~nit and ce.rti~ic:ne she.II take into c:nsiderution the following:
(!) The public demands and :ra:'.~c conditions.
(2) The financial condition and moral chnracter of ~.he applicant.
The number, .kind, t.vp. e ~t' equipment and m.:es proposed.
CDI06:~
§ 106-55 SEBASTL~'q CODE
(4) Increased t~affic congestion and available par.king space.
(5) The sate tree of the stree~ and alleys.
(6) Such o~her relevant fact., a: the city council may deem advisable or necessary.
(Code 1980, § 29-47)
Sec. 108.~6. Disposition time for reapplying after den/al.
No new appl/ca~ion for a permit and certificate of public convenience and necessity ~o
engage in the Business of operating a taxicab or bus service shall be perm/t~ed to be filed where
a previous application covering substantially the same provisions has been previously denied
until al%er the ~xpiration o[' six months fi'om the denial of such previous application.
(Code 1980, § 29-49)
See. 106-5~L Revocation; authority of council; notice; hearing, etc.
Whenever any person ~o whom a permit and certificate of' public convenience and neces-
sity shall have been issued by the city council for the operation of a taxicab business in the city
shall violate any of the terms or conditions under which such permit and certificate was issued,
the city council shall have the power ~o revoke the permit and certificate upon hearing duly
had, of which the applicant shall he given at lens~ ~en days' no~ice in writing of the time and
place of such hearing and shall be furnished with a copy of the charges made against such
person. Upon such hearing, ff the city council shall determine that such charges are a-ue and
that the person involved is guilty of violating any of the ~uns or conditions under which such
permit and certificate of public convenience and necessity was issued, ss specified in the
charges made ~aiust such person, then such permit shall be revoked by the dty council, and
such person shaIl no longer be authorized to he engaged in the ~xicab business in the city,
unless and unffi a new permit and certificate shall have been issued in accordance with the
provisions of this divis/on.
(Code 1980, § 29-50)
Sec. 105-~8. Holder to agree to new conditions upon adoption by council.
The holder of any certificate issued by authority of this division shall~ree to comply with
any new, additional or further conditions or instructions which may be imposed upon the
holder by the city council within 30 days £rom the date of adoption of the motion, resolution or
ordina~ce of the city c~uncil imposing additional t ..nns, conditions or instn'uctions.
(Code 1980, § 29-48)
Seco. 106-59-106-75. Reserved.
DrVISION 3. VEI-~CLES OPERATING ON FIXED ROL~E
Sec. 106-76. Defini~ons.
The ~ollow/ngwords, te.-rns ~.d ~hr-~es, when used in ~his division, shall have the mean-
in~ ascribed to them in this section, exce.~t where the context clearly indicates a differen~
meanin~
CDt06:5
VEHICLES FOR hqRE § 10S-?9
P~rmit holder means any pemon that holds a permit and cemificate of public convenience
and n~essity tn engage in the business of operating a [.mx/cab over the public streets and alleys
or the city on a fixed, established route, such tax/cab being commonly called a bus.
(Code 1980, § 29-33)
Cross reference-Definitions and rules of construction generally, § 1.2.
Sec. 106.77. Loading zone application.
Any pc.waR holder may apply in writing to the city clerk for and as a part of his permit
for the establishment of a loading zone on the public streets. Such written application shall
designate the e.xac~ spot for such loading zone and, if and when approved by the city clerk, the
c/Fy shall mark, set apar~ and designate each of [he spots as a loading zone for the use and
benefit ora permit holder. It shall be unlawful for any person to stop, stand or park any vehicle
in such loading zone except a permit holder.
(Code 1980, § 29-34)
Cross reference-Traffic and vehicles, ch. 98.
Sec. I06.78. Permit to cor~ruct Benches; re~ctlorm.
Any permit holder may apply in writing ~o the c/Fy clerk For a permit to erec%, cons~ruc~
and maintain benches or seating for the use of the general public at any loading zone estab-
I/shed under th/$ division. Such permit shall state the kind and ~-pe of seating and shall
indicate the spot on the public s~reet right-of-way where the bench or sea~.ing shall be placed
and shall state any adver~.ising, signs or painting to be placed thereon or aff'~xed theretn. If and
when such application is approved by ~he eiB, council, the cie clerk shall issue a permit for the
spec/tic public seating, painting and advertising and the permit shall not be changed or altered
except by written anaendment of the pe.,-mit by the ciBr clerk. Such seating shall be placed at
such a location as will, in the discretion of the city council, constitute a minimum o£ interfer-
ence · ~th vehicular and pedestrian a-affic on the public streets.
(Code 1980, § 29-35)
Cross reference-S~reet~, sidewalk and other public places, ch. 90.
Sec. 106.79. Revocation of permit; removal of facility.
The eiB, c~uncil may, after 30 days' not/ce in writing delivered by mail to any permit
holder, evoke, cancel and terminate any permit issued pursuant to this division and immedi-
ately upon such revocation, any pC.whit holder shall remove any £acility placed on the public
streets pursuant to such permit. Should any permit holder rail to remove such Facility, ehen ~he
cry clerk shall remove and desley the Facility..~my permit £or constructien o£benches ~anted
pursuant to this division shall become and be deemed a part of the loading xene pe..-mni~ of the
permit holder, and upon revoca~on or suspension o£ ihe loading :one ~ermi~, then any permits
for construction o£ benches shall like:w.'se be suspended or revoked.
(Code !980, § 29-36)
CDi0d:7
City of Sebastian
1225 MAIN STFIEET [] SEBASTIAN, FLORIDA 32.c58
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIl,
WORKSHOP
AGENDA
WEDNESDAY, JULY 15, 1998
FOLLOWING SPECIAL MEETING
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Work, hop, unless approved by comemus of Ci0' Council at the beginning of the Wor~hop. Substantive
deci~ion~ may not be made at Workshops ~n accordance with R-97-21).
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ~LORK$I-IOP ITEMS
98.089
A. Code Enforcement Procedures (Backup Forthcoming)
ADJOURN
ANY PERSON WHO DEC1DES TO APPEAL ANY DECISION MADE BY THE C27T COUNCIL WITH RESPECT TO ANY MATTER CONSIDERF~
AT THIS MEETING (OR ~G) ~ NF. ED A RECORD OF THE PROCF-F-DINGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDF~ THE TF__JTZMONY AND EV1DENCE UPON WHICH THE APPEAL
IS TO BE ttEelRD. (286.0105F..S.)
IN COk,IPLIANCE WITH THE AMERICANS WITH DISAB~ ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMIvlODATION FOR
THIS ,vlEET1NG SHOULD CONTACT THE CITY'S ADA COORQ. INATORAT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS btEETING.
Hearing A~istance Headphones are Available in Council Chambem for ali Government Meetings.