HomeMy WebLinkAbout08191998City of Sebastian
1225 Main Street
gebastian~ Florida 32958
CITY COUNCIL
AGENDA PACKET
WORKSHOP
WEDNESDAY, AUGUST 19, 1998
FOLLOWING 7 PM SPECIAL
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32_958
TELEPHONE (561) 589-5330 o FAX (E61) = c 6=-
SEBASTIAN CITY COUNCIL
WORKSHOP
AGENDA
WEDNESDAY, AUGUST 19, 1998
Following 7:00 p.m. Special Meeting
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a IVorkzhop, unless approved by consensus of City Council at the beginning of the }Vorkshop. Substantive
decisions may not be made at'Workshops (in accordance with R-97-21}.
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98.107
98.089
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
WORKSHOP ITEMS
A.
B.
Review Proposed False Alarm Ordinance (Proposed Ordinance)
Review Proposed Ordinance No. O-98-10 - Code Enforcement Procedures (Please Bring 8/12/98
Agenda Book Pages 139-152 - Also Provided Current Code Pages on Code Enforcement)
5. ADJOURN
ANY PER~ON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY ~L,tTTER CONSIDERED
AT THIS MEE77NG (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A FERBATI?v[
RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F..S.)
IN COlffPLL~VCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS ~tEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-$330 AT LEAST 48 tIOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in Council Chamber:for all Government Meetings.
Regular Meeting. Wednesday, August 26, 1998 ~ 7pm
Regular Meeting. Wednesday, September 9. 1998 @ 7pm
Special,~deeting . (Budget Hearing) Thursday. September 10. 1998 (~ 7pm
Special 3,[eeting. (Final Budget Hearing) - Tuesday. September 22. 1998 ~ 7 pm
Regular 3deeting, Wednesday, September 23. 1998 (~_. 7£m
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ORDINANCE NO.: 0-98
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, A3/[ENDENG CHAFrER 39 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN~ PERTALNING TO
~ REGULATION OF AIARMS AND ALARM SYSTEMS W1TItlN
THE CITY OF SEBASTIAN, FLORIDA; AMENDiNG
REGULATiONS GOVERNING FALSE ALARMS; AMENDiNG
REMEDiES AND PENALTIES; PROVIDING FOR APPEAL OF
PENALTIES; PROVIDIlqG FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES
OF ~ CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Md/an River County, Florida, may lawfully regulate
alarms and alarm systems; and
WItEREAS, the City Council of the City of Sebastian has determined that false alarms
endanger the lives of the citizens of the City and of police personnel since responding to
false alarms on an emergency basis involves the hazard of high speed travel by police
personnel and removes said personnel fi.om service, thus endangering lives and property
in the event of an actual police emergency within the City; and
WItEREAS, the City Council has established an Alarms and Alarm Systems Code;
and
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WHEREAS, in order to better promote and protect the health, safety, welfare and
prosperity of the public and citizens of the City of Sebastian, the City Council wishes to
make certain amendments to the 'Alarm Systems Code.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
Chapter 39, Article II of the City of Sebastian Code of Ordinances is
Section 1.
hereby repealed.
Section 2,
amended by adding the following:
Chapter 39 of the City of Sebastian Code of Ordinances is hereby
CHAP~R 39
ARTICLE H
SECURITY ALARM ORDINANCE
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Sec. 39-26. Purpose.
(A)
The purpose of this ordinance is to encourage security alarm users and alarm
businesses (sales, installation, customer service md/or monitoring) to maintain the
operational reliability and the proper use of alarm systems in limiting unnecessary
police emergency responses to false alarms/alarm malfunctions.
This ordinance governs burglary and robbery systems, requires permits, establishes
fees, provides for penalties for violations, creates a system of administration, and
sets conditions for suspension or loss of perrnit.
Sec. 39-27 Definitions.
The following words, terms and phrases, when used in this article, shah have the meanings ascribed
to them in this section:
(A)
Alarm Administrator means a person or persons selected by the designated
authority to administer, control and review alarm application, permits and false
alarm notifications.
Alarm Notification means a notification intended to summon the police, which is
designed either to be initiated purposefully by a person or by an alarm system that
responds to a stimulus characteristic of unauthorized intrusion. At the discretion of
the Alarm Administrator, multiple false alarm/alarm malfunction notifications in a
24 hour period of time may be counted as only one false alarm notification (F.A.N.)
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(c)
Alarm Review Board shall consist of one representative of' each of the police
department, fire department and the professional alarm industry as well as two
members of the public at-large, appointed by the chairperson of the Council.
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Alarm Site means a single premise or location served by an alarm system or
systems.
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Alarm System means a device or system that emits, transmits or relays a signal
intended to summon, or that would reasonably be expected to summon, police
services of the city, including but not limited to local alarms. Alarm system does not
include:
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(1) an alarm installed on a vehicle unless the vehicle is permanently located at a site;
or
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(2) an alarm designed to alert only the inhabitants of a premise that does not have'
a local alarm.
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(F) Designated Authority means the Chief of Police or an authorized representative.
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(o)
False Alarm Notification (F.A.N.) means an alarm notification to the police
department, when the responding officer finds no evidence of a criminal offense or
attempted criminal offense. Excluded from this definition are:
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(1) alarms occurring during electrical storms, hurricanes, tornados, blizzards and
other acts of God; where there is clear evidence of physical damage to the system;
or,
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(2) the intermittent disruption or disruption of the telephone circuits beyond the
control of the alarm company and/or alarm user; or,
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(3) electrical power disruption or failure in excess of two hours; or,
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(4) alarms caused by a failure of the equipment at the monitoring company with
written verification.
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Local Alarm means an alarm system that emits a signal at an alarm site that is
audible or visible from the exterior of a structure.
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(I)
Permit Holder means the person designated in the application as required in
Subsection 3 (c)(1) who is responsible for: responding.to alarms and giving access
to the site; showing evidence of compliance with Alarm System Agent certification
as mandated in F.S. 489.518; proper maintenance and operation of the alarm system;
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and, payment of fees.
(J) Person means an individual, corporation, partnership, association, organization or
similar entity.
(K) Special Trunkline means a telephone line leading into the communications center
of the police department that is for the primary purpose of receiving emergency
messages that originate from automatic protection devices and are transmitted
directly or through an alarm monitoring company.
See. 39-28 Permit required; application; fee; transferability; false statements
(A) A person commits an offense if he operates or causes to be operated an alarm
system without a valid permit issued by the designated authority. A separate permit
is required for each alarm system.
(B) Upon receipt of a completed application form and a non-refundable permit fee of
$25.00 for a new permit and $25.00*for a permit renewal, the designated authority
shall issue an alarm permit to an applicant unless the applicant has:
(1) failed to pay a fee assessed under Section 39-48; or,
(2) had an alarm permit for the alarm site revoked, and the violation causing the
revocation has not been corrected;
(3) failed to provide on-site Alarm System Agent credentials as mandated in F.S.
489.518.
~Exeeption: If the registered burglar alarm system has had no false alarms or alarm malfunctions
during the last 12 month period the $25.00 renewal fee will be waived.
(C) Each permit application must include the following information:
(1) the name, address and telephone numbers of the person who will be the permit
holder and be responsible for the proper maintenance and operation of the alarm
system and payment of fees assessed under this article;
(2) the classification of the alarm site as residential, commercial or apartment;
(3) for each alarm system located at the alarm site, the purpose of the alarm system,
i.e., burglary, robbery or personal hostage or panic;
(4) when required by this article, certification from a person licensed by the
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(a) the date of installation or maintenance of the alarm system,
whichever is applicable,
(b)
the current State license number of the person performing or directly
supervising the installation or maintenance of the alarm system;
(c)
verification of compliance with Alarm System Agent certification as
mandated in F.S. 489.518; and
(5) other information required by the designated authority that is necessary for the
enforcement of this article.
Any false statement of a material matter made by an applicant for the purpose of
obtaining an alarm permit shall be sufficient cause for refusal to issue a permit.
An alarm permit cannot be transferred to another person. A permit holder shall
inform the designated authority in .writing of any change that alters any information
listed on the permit application within (15) days. No fee will be assessed for such
changes.
All fees owed by an applicant must be paid before a permit may be issued or
renewed.
39-29 Alarm Systems in Apartment Complexes
The owner or property manager of an apartment complex shall obtain a master alarm
permit from the designated authority if any alarm system is operated in any
residential unit on the premises, whether the alarm system is furnished by the
apartment complex owner as an amenity or contracted for by an individual tenant.
(B)
(c)
A tenant of an apartment complex shall also obtain an alarm permit from the
designated authority before operating or causing the operation of an alarm system
in the tenant's residential unit.
For purposes of enforcing this article against an individual residential unit, the alarm
permit of the tenant supersedes the master alarm permit of the apartment complex;
and, the tenant is responsible for false alarm notifications emitted from the alarm
system in the tenant's residential unit. The master alarm permit holder is responsible
for false alarm notifications emitted from unoccupied residential units.
(D) The owner or property manager of an apartment complex shall obtain a separate
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alarm permit for any alarm system operated in a nonresidential area of the apartment
complex, including, but not limited to common tenant areas and offices, storage, and
equipment areas.
Sec. 39-40 Permit Duration and Renewal
A permit expires one year fi.om the date of issuance, and must be renewed for a new one year period
by submitting an updated application and a permit renewal fee to the designated authority. It is the
responsibility of the permit holder to submit an application prior to the permit expiration date.
Failure to renew will be classified as use ora non-permitted alarm system and citations and penalties
shall be assessed without waiver.
Sec. 39-41 Proper Alarm System Operation and Maintenance
(A) A permit holder or person in control of an alarm system shall:
(1) maintain the premises and the alarm system in a manner that will minimize or
eliminate false alarm notifications, and
(2) respond or cause his representative to appear at the systems location within a
reasonable period of time when notified by the city to deactivate a malfunctioning
alarm system, to pi'ovide access to the premises, or to provide security for the
premises,
(3) not manually activate an alarm for any reason other than an occurrence of an
event that the alarm system was intended to report,
(4) for monitored residential or commercial intrusion/burglary alarm systems,
provide a central monitoring verification call to the premises generating the alarm
signal, prior to alarm monitor personnel contacting a law enforcement agency for
alarm dispatch;
(5) install a device to automatically terminate the audible signal within 15 minutes
of activation, and
(6) furnish each salesperson, monitoring personnel, and technician with an Alarm
System Agent identification badge certifying compliance with F.S. 489.518.
A person in control of a local alarm shall adjust the mechanism or cause the
mechanism to be adjusted so that an alarm signal will sound for no longer than 10
minutes after being activated (or 15 minutes for systems operating under UL 365 or
UL 609).
Sec. 39-42 Manual Reset Required (for governmental agencies accepting signals directly to
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communications center)
A person in control of a local alarm or alarm system that causes an alarm notification to be sent
directly to the city, shall adjust the mechanism or cause the mechanism to be adjusted so that upon
activation the system will not transmit another alarm signal without being manually reset.
Sec. 39-43 Use of Licensed Contractors
A permit holder or person in control of an alarm system shall not contract or retain an alarm
company which is not properly licensed and/or employs Alarm System Agents who are not in
compliance with F.S. 489.518. Unlicensed alarm contracting is a violation of State Statute and
punishable by fine and/or imprisonment.
Sec. 39-44 Indirect Alarm Reporting
A person who is engaged in the business of relaying alarm notifications to the city
shall
(1) report alarms only over special trunldines or other communication facilities
designated by the designated authority, and
(2) communicate alarm notifications to the city in a manner and form determined
by the designated authority.
Sec. 39-45 Alarm System Operating Instructions
A.person in control of an alarm system shall maintain at each alarm site a complete set of written
operating instructions for each alarm system.. Special codes, combinations, or passwords should not
be included in these instructions.
Sec. 39-46 Alarm Dispatch Records
The officer responding to a dispatch resulting from a burglary, robbery, personal
hostage or robbery alarm notification shall record such information as necessary to
permit the designated authority to maintain records, including but not limited to the
following information:
(1) identification of the permit holder,
(2) identification of the alarm site,
(3) arrival time and dispatch received time,
(4) time of day, date, and time zone,
(5) weather conditions,
1 (6) area and/or sub-area of premise involved,
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(7) name of permit holder's representative on premises, fi.any.
The responding patrol officer shall indicate on the dispatch record whether the
notification was caused by a criminal offense, an attempted criminal offense, or was
a false alarm/alarm malfunction.
(c)
In the case of an assumed false alarm or alarm malfunction, the responding patrol
officer shall leave notice at the alarm site that the police department has responded
to a false alarm or alarm malfunction notification. The notice must include the
following information:
(1) the date and time of police response to the false alarm notification,
(2) the identification number of the responding patrol officer, and
(3) a statement urging the permit holder to ensure that the alarm system is properly
operated and maintained in order to avoid service fees.
Sec. 39-47 System Performance Reviews
If there is reason to believe that an alarm system is not being used or maintained in a manner that
insures proper operation and suppresses false alarms and/or alarm malfunctions, the designated
authority may requke a conference with an alarm permit holder and the individual or association
responsible for maintenance of the alarm system to review the circumstances of each false
alarm/alarm malfunctions.
Sec. 39-48 False Alarm Notifications
The holder of an alarm permit or the person in control of an alarm system shall be
subject to warnings and suspension or loss of permit depending on the number of
false alarm notifications emitted from an alarm system within a 12-month period
based upon the following schedule:
(1) no fee shall be assessed for the first three (3) false burglar alarms at the same
premises responded to by the police department during each calendar ye r.
Thereatier, the following fees shall be paid by the owner for each false burglar alarm
responded to by the police department at the same premises during said calendar
year:
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Number of false Fee £er false
burglar alarms burglar alarm
Fourth .................................................................................................................................. $25.00
Fifth ..................................................................................................................................... $25.00
Sixth .................................................................................................................................... $25.00
Seventh and above .................................................................................................... $50.00 each.
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(2) as to all burglar alarm malfunctions responded to by the police department, the
owner shall be assessed a fine of $200.00 unless within fifteen (15) days he/she
submits to the police department an ~Affidavit of Service/Repair" deemed
satisfactory by the designated authority. For those burglar alarm malfunctions for
which the owner returned a satisfactory "Affidavit of Service/Repair", those
malfunctions occurring each calendar year shall be exempt from any fees in excess
of the Administrative Fee Schedule set forth in this subsection. In those cases in
which the owner provided the designated authority with a satisfactory "Affidavit of
Service/Repair", the following administrative fees shall be paid by the owner for
each burglar alarm malfunction responded to by the police department during each
calendar year:
Number of burglar Fee per
alarm malfunctions malfunction
Fourth.: ........................................................................................................................... $25.00
Fifth .................................................................................................................................... $25.00
Sixth ................................................................................................................................... $25.00
Seventh and above .................................................................................................... $50.00each
(3) after the fourth (4th) burglar alarm malfunction has occurred at a premises
within thirty (30) calendar days, the owner shall appear at the next scheduled
meeting of the Alarm Review Board after he has received notice to appear. The
Alarm Review Board may also request the alarm contractor who installed or
provides maintenance or service to the protected premises to appear before the
Committee. The designated authority shall send notice by certified mail, return
receipt requested, at least five (5) days prior to the next scheduled meeting.
(4) any person who operates a newly installed system will not be subject to False
Alarm Notifications (F.A.N.) during the 60 days following the system completion
provided a permit application is received by the designated authority. The
completion date shall be certified by a person currently licensed by the State
(County) of where the system is professionally installed, or the date of the purchase
receipt for self-installed systems.
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(5) any person, operating a non-permitted alarm system will be subject to a citation
and assessment orS100.00 for each F.A.N.
(6) alarm activations, caused by actual criminal offense or with evidence of a
criminal attempt, shall not be counted, nor F.A.N. accumulated.
See. 39-49 Suspension of Alarra Permit
(A) The eighth F.A.N. shall result in a Notice of Suspension of Permit to remain
effective until such time as:
(1) permit holder has responded by acknowledging the suspension in writing as
directed by the designated authority, and
(2) permit holder has taken action to remedy cause(s) of false alarm and reported as
dkected by the designated authority and,
(3) the designated authority has issued a Removal of Suspension of Permit.
Section :39-50. Revocation or Loss of Alarm Permit
(A) The designated authority shall revoke and alarm permit if it is determined that:
(1) there is a false statement ora material matter in the application for a permit,
(2) the permit holder has violated Section 39-41, 39,42, 39-43 or 3944, or
(3) the permit holder has failed to make timely payment of a fee assessed under
Section 39-48 or,
(4) ten or more false alarm notifications have been emitted from the alarm site
within a twelve-month period.
(B) A person commits an offense if he operates an alarm system during the period in
which his alarm permit is revoked.
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'Section 39-51 Appeal of Denial or Revocation of a Permit
If the designated authority denies the issuance or renewal of a permit, or revokes a
permit, he shall send written notice of his action and a statement of the right to an
appeal, by certified mail, return receipt requested, to both the applicant or permit
holder and the applicable alarm installing/service company.
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The applicant or permit holder may ~ppeal the decision of the designated authority to the Alarm
Administrator, by filing a written request for a review, setting forth the reasons for the appeal within
ten days, atSer receipt of the notice from the designated authority.
Filing of a request for appeal shall stay the action by the designated authority of revoking a permit
until the Alarm Administrator has completed his review. Ifa request for appeal is not made within
the ten day period, the action of the designated authority is final.
A review ordered under Section 39-47, requires the attendance of both permit holder and applicable
alarm company.
Permit holders shall be entitled to a hearing, if requested within fifteen days of
receipt of notice of a sustained revocation of permit by the Alarm Administrator.
The hearing shall be conducted by an Alarm Review Board, at their next scheduled
meeting.
(c)
The Alarm Review Board shall conduct a formal hearing and consider the evidence
by any interested person(s). The Board shall make their decision on the basis of a
preponderance of the evidence presented at the hearing. The Board must render a
decision within thirty (30) days after the hearing is conducted. The Board shall
affum, reverse, or modify the action of the designated authority. 'The decision of the
Board is final as to administrative remedies with the city.
Sec. 39-52 Reinstatement of Permit
A person whose alarm permit has been revoked may be issued a new permit if the
person:
(1) submits an updated application and pays a $50.00 permit fee, and
(2) pays, or otherwise resolves, all citations in court issued to the person under this
article.
(3) upon submission of certification fi'om a professional alarm company, licenses by
the State/County of to install or design alarm systems stating, that the alarm system
ha~,'been inspected and maintained by, or with the direct supervision and approval
of the alarm company.
(B)
Should any fee assessed pursuant to this Chapter remain unpaid in excess of one
hundred twenty (120) days from the date the charge is billed, a collection fee in the
amount of thirty-five percent (35%) of the outstanding balance shall be assessed and
shall be payable by the owner of the premises in addition to the original fee. The
owner shall also be responsible for any legal fees or costs incurred by the city in
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ARTICLE HI
FiRE ALARM ORDINANCE
Sec. 39-53 Definitions
The following words, terms and phrases, when used in this article,
ascribed to them in this section::
shall have the meanings
(A) Alarm System means a fire alarm system as defined in (K).
Automatic Telephone Digital Alarm Communicator System means an alarm
system which automatically sends a coded signal over regular telephone lines by
direct connection or otherwise, indicating the existence of the emergency
situation that the alarm system is designed to detect.
(c)
Fee means the assessment of a monetary charge payable to the City of,
authorized pursuant to this Chapter, to defray the expenses of responding to a
false alarm or alarm malfunction.
Owner means any person who owns the premises in which an alarm system is
installed or the person or persons who lease, operate, occupy or manage the
premises.
Premises means and building, structure or combination of buildings and
structures which serve as dwelling units, single-family or multi-family, or any
other area within a building structure or combination thereof which is used for
any purpose other than residential, wherein aa alarm system is installed.
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Required Operative Alarm System means an alarm system which the owner of
a premise is required to maintain in an operative condition pursuant to statute,
law, ordinance, rule or regulation of any governmental entity.
Serve shall mean hand-delivery by a representative of the fire department to the
owner or authorized representative who responded to the premises. In the event
the'owner or authorized representative fails to respond to the premises within
thirty minutes, serve shall mean placing the form or other matter in the United
States mail, postage prepaid, addressed to the owner or authorized
representative.
(Ir) Enforcement Official means the fire chief or his designated representative.
(I) False Fire Alarm means the activation of any alarm which results in the response
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of the fire department caused by the negligence or intentional misuse of the system
by the owner or his employees, servants or agents; or any other activation not
caused by heat, smoke or fire, exclusive of a fire alarm if the alarm is activated due
to malicious causes beyond the control of the owner.
(J)
Fire Alarm Malfunction means activation of any alarm which results in the
response of the fire department caused by mechanical failure, malfunction, improper
installation, or lack of proper maintenance or any other response for which the fire
department personnel are unable to gain access to the premises for any reason, or
are unable to determine the apparent cause of the alarm activation.
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(K)
Fire Alarm System means any mechanical, electrical or radio-controlled device
which is designed to emit a sound or transmit a signal or message when activated or
any such device which emits a sound and transmits a signal or message when
activated because of smoke, heat or fire. Without limiting the generality of the
foregoing, alarm system shall be deemed to include audible alarms at the site of the
installation of a detection device, proprietor alarms and automatic telephone digital
alarm communicator system. A single station (residential) smoke detector shall not
be deemed to be an alarm system under this chapter.
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Fire Alarm Technician means any person who inspects, installs, repairs or performs
maintenance on fire alarm systems, and is a licensed contractor by the state of
Florida as required by state statute, or who works under the license of an alarm
contractor and maintaim certification as an Alarm System Agent as mandated in F.S.
489.518.
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Single-Station (Residential) Smoke Detector means an assembly incorporating the
detector, control equipment and alarm-sounding device in one unit operated from
a power supply either in the unit or obtained at the point of installation.
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Smoke Detector means a device which detects the visible or invisible particles of
combustion.
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Sec. 39-54 Notice of Existence of Fire Alarm System
Every person who installs, owns, leas,es, possesses or operates any fire alarm system within the City
shall notify the enforcement official of the existence of said alarm .ystem prior to the system being
activated. It shall be the sole responsibility of the company which is installing any fire alarm system
to provide the system owner with a copy of the most current City alarm ordinance, a "Notice of
Existing Alarm" form and a current copy of NFPA 72 H. The notice of Existing Alarm shall be
completed by the owner and forwarded to the enforcement official prior to the system being
activated. Notice to the enforcement official prior to the system being activated. Notice to the
enforcement official shall included the following information:
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The name(s), address, business and home telephone number of the owner, lessee,
operator, manager or person in possession of the premises wherein the alarm system
is installed;
The name, address and telephone number of a minimum of two (2) persons who can
be notified by the enforcement official, in the event of the activation of the alarm
system, who shall be capable of responding to the premises within thirty (30)
minutes, and who is authorized to enter the premises to ascertain the status thereof}
( C ) The date of activation of the alarm system;
(D)
When any of the information required in subsection (a) or (b) has changed, it shall
be reported to the enforcement official by the owner within fifteen (15) days of such
change;
The name, address and telephone number of the comPany contracted to service the
alarm system.
Sec. 39-55 Responsibility for Fire Alarm Activation, Owner Response, Fire Alarm
Malfunction and Corrective Action
The responsibility for a fire alarm activation shall be that of the premises in which
the fire alarm system is installed. A response to an alarm activation shall result when
any officer or member of the Fire Department shall be dispatched to the premises
where the alarm has been activated or learns of the activation of the alarm system(s),
by any means whatsoever, and responds thereto by traveling to that premises. After
responding to an alarm activation, the enforcement official shall notify any person
identified in the notice required pursuant to Section 39-54 of the activation of the
alarm system and such person shall thereupon travel to the premises to ascertain the
status thereof. Should the person notified fail to appear at said premises within thirty
(30) minutes after being notified to do so, the City shall charge the owner of the
premises a fee of seventy-five dollars ($75.00). The officer or member of the Fire
Department who responded to said premises shall serve the owner or authorized
representative a ~Fire Alarm Activation Report".
(s)
In the event ora fire alarm activation deemed by the enforcement official to be the
result of a fire alarm malfunction, the owner will be served a "Fire Alarm Activation
Report" by an officer or member of the fire department, indicating that the activation
was deemed to be the result of a fire alarm malfunction. This would require the
owner to return a completed "Affidavit of Service/Repair" within fifteen (15) days
of said alarm activation which can verify, to the satisfaction of the enforcement
official, that the fire alarm system in question has actually been examined by a fire
alarm technician and that a bona fide attempt has been made to identify and correct
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any defect of design, installation or operation.of the fire alarm system wh/ch was
identifiable as the cause of the fire alarm malfunction. Failure to return an "Affidavit
of Service/Repair" within said fifteen day period which is satisfactory to the
enforcement official will result in assessment against the owner of a fine of five
hundred dollars ($500.00) for the fire alarm malfunction.
Sec. 39-56 Fee Charges, Multiple Fire Alarm Malfunctions or False Fire Alarms
No fee shall be assessed for the first three (3) false fire alarms at the same premises
responded to by the fire department during each calendar year. Thereafter, the
following fees shall be paid by the owner for each false fire alarm responded to by
the fire department at the same premises during said calendar year.
Number of False Fire Alarms Fee per False Fire Alarm
Fourth ......................................................... $100.00
FitCh ............................................................ $100.00
Sixth ........................................................... $100.00
Seventh and above .................................... $200.00 each
As to all fire alarm malfunctions responded to by the fire department, the owner
shall be assessed a fine of $500.00 unless he returned to the fire department and
"Affidavit of Service/Repair" deemed satisfactory by the enforcement official. For
those fire alarm malfunctions that the owner returned a satisfactory "Affidavit of
Service./Repair"} and such premises were equipped with a fire alarm system of one
(1) to one hundred (100) system smoke detectors, alarm malfunctions during each
calendar year shall be exempt from any fees in excess of the Administrative Fee
Schedule set forth in this subsection. Premises having fire alarm systems consisting
of more than one hundred (100) system smoke detectors shall receive one additional
exemption from the Administrative Fee Schedule as set forth in this subsection per
calendar year from each additional one hundred (100) system smoke detectors or
fraction thereof. In those cases in which the owner provided the enforcement official
with a satisfactory "Affidavit of Service/Repair", the following administrative fees
shall be paid by the owner for each fire alarm malfunction responded to by the fire
department during each calendar year.
~Admini~trafive Fee Schedule
Number of Fire Alarm ~¥1alfunctions Fee
Fourth ..................................................................... $25.00
Fifth ........................................................................ $25.00
Sixth ....................................................................... $25.00
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1 Seventh and above ................................................ $50.00 each
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False fire alarms triggered by any components connected to the fire alarm system
shall be counted in computing the total number of false alarms for purposes of this
subsection.
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Sec. 39-57 Disconnection of Alarm System
Except for premises protected by a required operative alarm system, fire department enforcement
officials are authorized to order the disconnecting or deactivation of any alarm system, by written
notice to the owner of premises wherein an alarm system is installed, for any of the following
reasons:
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Fa/lure to meet all requirements or pay the fees provided for in this chapter within
fifteen (15) days of the charging of the fee; or
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O3)
Failure of the owner to provide a written "Affidavit of Service/Repair" required by
this chapter; or
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(c)
A fourth false alarm or alarm malfunction at a premise for which a fee is charged
pursuant to this chapter as the result of the failure of the owner to take corrective
actiofi to eliminate the cause of the false alarm; or
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(D)
The failure of a person notified pursuant to this chapter to appear within thirty (30)
minutes after being notified to respond, if such failure to timely appearance occurs
four or more times within a calendar year.
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The written notice to disconnect or deactivate shall be mailed to the owner and shall specify the date
on which the owner shall be required to disconnect or deactivate the alarm system. This date. shall
be at least fifteen (15) days following the date of the notice. The owner may appeal the order of the
enforcement official pursuant to Section 39-58.
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Sec. 39-58 Appeal
An owner to whom a notice to disconnect or deactivate an alarm system was mailed, pursuant to
this Chapter shall be entitled to appeal the order of the enforcement official to the City Manager or
his designee. An appeal must be in writing, stating the reasons why the order to disconnect or
deactivate should be withdrawn, and shall be made within fifteen (15) days of the da;e receipt of the
notice to disconnect, The City Manager or his designee shall review the facts and circumstances and
'shall determine whether the owner has shown good cause why the order should be withdrawn. In
the event that the City Manager or his designee affirms the order to disconnect or deactivate an
alarm system, the owner shall have five (5) days following mailing receipt of the written decision
of the City. The appeal of the order to disconnect or deactivate shall suspend the effective date of
the order until the appeal has been acted upon by the City Manager or his designee.
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Sec. 39-59 Failure to Disconnect or Unauthorized Reconnection of Alarm System
It shall be unlawful for any person to fail to disconnect or deactivate an alarm system which has
been ordered disconnected or deactivated pursuant to this Chapter, including those situations in
which the City Manager or his designee affirmed the order to disconnect or deactivate; and it shall
be unlawful for any person to reconnect an alarm system which has been disconnected or
deactivated pursuant to the order of the enforcement official, unless reconnection of the alarm
system is authorized. Any person violating the provisions of this Section shall receive a penalty(s)
and other administrative remedies provided for in this chapter.
Sec. 39-60 Reconnection of Alarm Systems
Any order to disconnect or deactivate an alarm system may be rescinded by the fire department
enforcement offidal upon a finding by said enforcement official that the owner of the premises has
taken corrective action to remedy the cause of the false alarms or alarm malfunctions at the
premises. In making a request for such a rescission, the owner shall have the burden to show what
corrective action has been taken and that same is sufficient to support a finding that the cause of the
false alarms or alarm malfunctions has been remedied. The enforcement official shall have the right
to inspect the alarm system and test same prior to rescinding the order to disconnect said system,
a reconnection fee of $25.00 shall be assessed. The enforcement official shall not rescind an order
to disconnect or deactivate if'the owner has failed to pay any fee charged the owner pursuant to this
chapter.
Sec. 39-61 Automatic Telephone Digital Alarm Com
it shall be unlawful for any person to install, maintain, operate or use any automatic
telephone digital alarm communicator system within the City unless such system is
currently listed by the Underwriters' Laboratories, Inc., and has been approved by
the enforcement official.
Any person who violates the provisions of this Section shall be punished in the
manner provided.
Sec. 39-62 Newly Installed Alarm Systems
The provisions of this chapter shall not apply to any newly installed alarm system for a period of
sixty (60) days fi.om the date of the installation of that alarm system, but shall apply from and after
the expiration of the initial sixty (60) day period following installation.
Sec. 39-63 Alarm System Operations
The City, its officers, employees and agents, shall not assume any duty or responsibility for the
installation, maintenance, operation, repair or effectiveness of any privately owned alarm system,
those duties or respons~illties being solely those of the owner of the premises. Additionally, it shall
be the responsibility of the owner of the premises to silence an activated alarm and thereafter reset
same.
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Section 3,. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4. CODIFICATION. It is the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article"
or other appropriate designations.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or
determine that any pan of this Ordinance is invalid or unconstitutional, . the remainder of the
Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further
be assumed that the City Council would have enacted the remainder of this Ordinance
without such invalid and unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective on
The foregoing
Ordinance 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 S. Wininger
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Councilmember Louise Cartwright
Councilmember Larry Paul
Councilmember Chuck Neuberger
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The Mayor thereupon declared this Ordinance duly passed and
6 day of ,1998.
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CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Ruth Sullivan, Mayor
Kathryn M. O'Hallorath CMC/AAE
City Clerk
adopted this
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I HEREBY CERTIFY that notice of public hearing on this Ordinance was published
in the Vero Beach Press Journal as required by State Statute, that one public hearing was
held on this'Ordinance at 7:00 p.m. on the day of ,1998, and that
following said public hearing this Ordinance was passed by the City Council.
Kattayn M. O'Halloran, CMC/AAE
City Clerk
22 Approved as to Form and Content:
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24 Valerie F. Settles,
25 City Attorney
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§ 2-172 SEBASTIAN CODE
Upon timely request for a hearing before the city council, the council shall set a date and
time for the hearing and direct the city clerk to give the member notice of the hearing. At the
hearing, the member may present evidence and argument as to why the removal should not
occur. The member may be represented by legal counsel and all proceedings shall be recorded
on magnetic tape by the city clerk. The decision of the council may be either to remove,
suspend, reprimand or to absolve the member. For purpose of this section, the effective date of
removal of a member shall be immediately after the expiration of the time in which the
member has the right to request a hearing before the city council. If the member timely
request~ a hearing, and if the city council decides to remove the member upon the conclusion
of the hearing, the removal shall take effect immediately. If a member timely requests a
hearing, but withdraws the request prior to the hearing, the effective date shall be the date on
which the request was withdrawn.
(Ord. No. 0-97-56, § 7, 9-25-97)
Sec. 2-173. Attendance requirement.
Notwithstanding any other provision of this Code, any board or committee member shall be
automatically removed if, in a given fiscal year he or she is absent from three consecutive
meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for
medical reasons, business reasons, personal reasons, or any other reason wkich the chair of the
board or committee deems appropriate. Upon notification by the chair of the board or
committee that a member has not complied with the attendance requirement, the city council
shall issue an order of removal. The effective date of ~emoval shall be the date on which the
order of removal was entered. Removal of board or committee members pursuant to this
section shall not be subject to section 2-172.
(Ord. No. 0-97-56, § 8, 9-25-97)
Secs. 2-174, 2-175. Reserved.
DMSION 2. CODE ENFORCEMENT BOARD*
Sec. 2-176. Created.
(a) There is hereby created and established the Sek, astian Code Enforcement Board. The
board is created and established pursuant to the authority ~anted pursuant to the Local
Government Code Enforcement Boards Act, F.S. §8 162.01 through 162.13.
(b) Those provisions of the Local Government Code Enforcement Boards Act, as set forth in
F.S. §8 162.01 through 162.13, which are not inconsistent with this division, are hereby
adopted as ordinances of the cit):
(Code 1980, 8 2-91; Ord. No. 0-93-16, § 1.2-9-94)
*State law references--Code enforcement. F.S. ch. 162; code enforcement board. F.S. 88
162.01 through 162.13.
Supp. No, 14 CD2:18
ADMINISTRATION 8 2-178
Sec. 2-177. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Board means the Sebastian Code Enforcement Board.
City means the City of Sebastian, Indian River County, Florida.
Code inspector means those employees or other agents of the city whose duty it is to enforce
city codes and/or to present code violations to the board.
Code(s) means the Code of Ordinances and/or the Land Development Code of the City of
Sebastian.
County means Indian River County, Florida.
Person means any individual, corporation, partnership, firm, association, legal representa-
tive, trustee or receiver.
Repeat violation means a violation of a provision of a code or ordinance by a person whom
the code enforcement board has previously found to have violated the same provision within
five years prior to the violation.
Violator means the person responsible for the code violation which, in the appropriate
circumstances, shall either be the perpetrator of the violation or the owner of the real property
upon which the violation occurred.
(Code 1980, § 2-92; Ord. No. O-93-16, 8 1, 2-9-94)
Cross reference--Definitions and rules of construction generally, 8 1-2.
State law reference Similar provisions, F.S. 8 162.04.
Sec. 2-178. Jurisdiction.
(a) Unless exclusive jurisdiction and authority for enforcement of the City's Code of
Ordinances and Land Development Code is expressly and exclusively granted to one of the
.city's other boards, commissions, committees or administrative officials, the code enforcement
board shall have [the] authority and jurisdiction to hear and determine alleged violations of
the Code of Ordinances and Land Development Code of the City of Sebastian.
(b) The jurisdiction of the code enforcement board shall not be exclusive, but shall be
concurrent with any other board, commission, committee or administrative official charged
with the enforcement of the Code of Ordinances or Land Development Code of the City o~'
Sebastian.
(Code 1980, § 2-93; Ord. No. O-93-16, § 1, 2-9-94)
Cross referenced--Puller elevations standards, § 26-1; technical code adopted, 8 26-31 et
seq.; electrical code, § 26-61 et seq.; ener~ code, § 26-111 et seq.; swimming pool code, 8 26-136
et seq.: drainage requirements, 88 26-2, 90~87; contractor licensing and re=~ulations, § 26-161
et seq.; business license, § 30-27 et seq.: fire prevention code, § 42-46 et seq.; flood damage
prevention code, § 46-26 et seq.; sanitary reKulations, ch. 50; land development code, ch. 54;
mobile home anchor reKulations, § 62-3: nuisances, ch. 66; solid waste, ch. 86: junk formulations,
§ 86-46 et seq.; drive~vay construct/on and repair re~oulations, § 90-86 et seq.
Supp, No. 14 CD2:19
§ 2-179 SEBASTIAN CODE
Sec. 2-179. Membership; composition.
The board shall be composed of seven regular members, and at city council's discretion, up
to two alternate members. All members shall be appointed by the city council and the board
shall consist, whenever possible, of the following:
(1) One architect;
(2) One businessman;
(3) One engineer;
(4) One general contractor;
(5) One realtor;
(6) One subcontractor;
(7) The final member, and alternates if appointed, may be any qualified resident of the
city.
(Code 1980, § 2-94(a); Ord. No. 0-93-16, § 1, 2-9-94)
State law reference~Simflar provisions, F.S. § 162.05(2).
Sec. 2-180. Qualifications.
Each regular member appointed to the board shall possess the following minimum
'qualifications:
(1) The architect and the en~ineer shall be registered under the Laws of the State of
Florida regulatin§ the practice of architecture and engineering or shall possess similar
qualifications under the laws of other states or shall have actual experience deemed by
the city council to be equivalent to such registration.
(2) The general contractor and the subcontractor shall possess a valid certificate of
competency and occupational license, recognized and accepted under the Laws of' the
State of Florida and the codes of the city, regulating the business of contracting and,
where required, state re§'istration as a contractor, or shall possess similar qualifica'
tions under the laws of other states, or shall have act;aal experience deemed by the city
council to be equivalent to such certifcation.
(3) The realtor shall be licensed under the Laws of the State of Florida licensing real
estate brokers as either a broker or salesman, or shah possess similar qualifications
under the law: ~of other states or shall have actual experience deemed by the city
council to be equivalent to such licensing.
(4) The businessman shall be actively engaged in any lawful business within the city, or
shall be ~_n officer or employee of a business entity holding a current and valid
occupational license issued by the city.
(5) In accordance with section 2-170, each member shall be a resident of the city. If a
member of the board ceases to be a resident of the cit.s; such member shall immediately
notify the city clerk of such occurrence and their membership on the board shall
terminate automatically and immediately.
(Code 1980, § 2-941bl; Ord. No. 0-93-16. § 1, 2-9-94: Ord. No. 0-97-57, § l. 9-25-97)
Supp. No. 14 CD2:20
ADMINISTRATION § 2-185
Sec. 2-181. Terms of office.
(a) Of the regular members initially appointed to the board:
(1) Two members shall be appointed for a term of one year each.
(2) Three members shall be appointed for a term of two years each.
(3) Two members shall be appointed for a term of three years each.
(b) A2ter the initial appointments, all subsequent appointments shall be made for terms of
three years each.
(c) In no event shall any individual who has served as a regular member of the board for the
greater of two consecutive terms or six consecutive years be reappointed to serve another
consecutive term as a regular member of the board unless no other individual, who is
otherwise legally qualified to serve as a regular member of the board, has filed an application,
which is then stin pending, with the city clerk, seeking appointment to serve as a regular
member of the board.
(Code 1980, § 2-94(c); Ord. No. O-91-23, § 1, 9-25-91; Ord. No. 0-93-16, § 1, 2-9-94; Ord. No.
0-97-57, § 2, 9-25-97)
State law reference--Similar provisions, F.S. § 162.05(3).
Sec. 2-182. Reserved.
Editor's note--Ord. No, 0-97-57, adopted Sept. 25, 1997, deleted § 2-182, pertaining to
vacancies and reappointments as derived from the Code of 1980, § 2-94(d); Ord. No. O-91-23,
adopted Sept. 25, 1991; and Ord. No. O-93-16, adopted Feb. 9, 1994.
Sec. 2-183. Quorum.
Four or more members of the board shall constitute a quorum.
(Code 1980, § 2-96; Ord. No. O-93-16, § 1, 2-9-94)
State law reference--Similar provisions, F.S. § 162.05(4).
Sec. 2.184. Compensation.
Members of the board shall serve without compensation, but may be reimbursed for
travel [expenses], mileage expenses and other per diem expenses as may be authorized by the
city council and approved by the city manager, or as otherwise provided by law.
(Code 1980, § 2-97; Ord. No. O-93-16, § 1, 2-9-94)
State law reference-Similar provisions, F.S. § 162.05(4).
Sec. 2-185. Organization.
(al The board officers shall consist of a chairperson, vice-chairperson and such other officers
as the board shall deem necessary.
~upp .~'o. ~4 CD2:20.1
§ 2485 SEBASTIAN CODE
(b) Officers of the board shall be elected by a majority vote of the membership of the board.
The election shall be held at the first meeting of the board calendar year when all appointed
members are present.
(Code 1980, § 2-95; Ord. No. O-93-16, § 1, 2-9-94)
State law reference~Similar provisions, F.S. § 162.05(4).
Sec. 2-186. Rules and regulations.
The board may adopt such rules and regulations, as are not inconsistent with the provisions
of F.S. ch. 162 or this division, for the conduct of its hearings.
(Code 1980, § 2-98; Ord. No. O-93-16, § 1, 2-9-94)
State law reference--Similar provisions, F.S. § 162.08(1).
Sec. 2-187. Clerk.
The city clerk shall appoint a city employee to be the board clerk, who shall perform the
functions assigned to the clerk as set forth in this division.
(Code 1980, § 2-99; Ord. No. O-93-16, § 1, 2-9-94)
Sec. 2.188. Legal counsel.
The city attorney shall represent and be counsel to the board and attend all meetings.
(Code 1980, § 2-100; Ord. No. O-93-16, § 1, 2-9-94; Ord. No. O-97-01, § 1, 1-8-97)
· State law reference--Attorneys, F.S. § 162.05(5).
Sec. 2-189. Presentation of cases.
A representative of the city building department shall present cases before the board..The
city manager may, upon recommendation of the building official, retain a member of the
Florida Bar to present cases before the board.
(Code 1980, § 2-101; Ord. No. O-93-16, § 1, 2-9-94; Ord. No. O-97-01, § 2, 1-8-97)
State law reference--Attorneys, F.S. § 162.05(5).
Sec. 2-190. Enforcement procedures.
(a) It shall be the duty of the code inspector to enforce the various codes and initiate
enforcement proceedings before the board. No member of the board shall have the power to
initiate enforcement proceedings.
(b) Except as provided in subsection ~d) of this section, if a violation of the codes is found.
the code inspector shall notify the alleged violator and ~ve him reasonable time to correct the
violation. If the violation continues beyond the time specified for correction, the code inspector
shall notify the board and request a hearing. The board, through its clerical stall shall
schedule a hearing and written notice of such hearing shall be hand-delivered or mailed as
provided in section 2-196 of this division. At the option of the board, notice may additionally
be served by publication or posting as provided in section 2-196 of th.is division. If the violation
Supp. No. 14 CD2:20.2
ADMINISTRATION § 2-190
is corrected and then recurs, or if the violation is not corrected by the time specified for
correction by the code inspector, the case may be presented to the board even if the violation
has been corrected prior to the board hearing, and the notice of hearing shall so state.
(c) If a repeat violation is found, the code inspector shall notify the violator, but shall not be
required to give the violator a reasonable time to correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall notify the board and request a hearing. The
board, through its clerical staff, shall schedule a hearing and shall provide notice in the same
manner as provided in subsection 2-190(b). The case may be presented to the board even if the
repeat violation has been corrected prior to the board hearing, and the notice shall so state.
(d) If the code inspector has reason to believe a violation presents a serious threat to the
public health, safety and welfare or if the violation is irreparable or irreversible in nature, the
ADMINISTRATION § 2-191
code inspector shall make a reasonable effort to notify the violator and may immediately m~ti f~v
the board and request a hearing.
(Code 1980, § 2-102; Ord. No. O-93-16, § 1, 2-9-94)
Sec. 2-191. Formal hearing on violations.
(a) Upon request of the code inspector, or at such times as may be necessary, the chair-
person of the board may call a hearing. A hearing may also be called by written notice signed
by at least three members of the board.
(b) Minutes shall be kept of all hearings of the board.
(c) The city shall provide clerical and administrative personnel as may be reasonably
required by the board to properly perform its duties.
(d) The board clerk or his/her designee shall notify, in writing, the alleged violator of the
time and place of the hearing. Such notice shall be provided to the alleged violator, as provided
by law, in accordance with sections 2-190 and 2-196 of this division.
(e) Each case before the board shall be presented by the city attorney with assistance ['rom
members, of the administrative staff of the city if necessary.
(fl The burden of proof shall be with the city to show, by a preponderance of the evidence,
that a code violation exists and the alleged violator committed, or was responsible for com-
mitting, permitting, allowing, authorizing or maintaining the violation.
(g) The board shall hear the cases on the agenda for that day unless dismissed or with-
drawn by the city or deferred or continued by the board. All testimony received by the board
shall be under oath and shall be recorded.
(hi All hearings of the board shall be opened to the public and any alleged violator shall
be given an opportunity to be heard.
(i) The board shall first take testimony and other evidence from the code inspector. The
board shall also take testimony and other evidence from the alleged violator. If, however, after
receiving testimony and other evidence from the code inspector, the board does not believe that
the alleged violator has committed the violation, then the board may dismiss the case against
th~. alleged violator without taking the ~leged violator's testimony.
Ii) Each party to the hearing shall have the right to:
1) Call and examine witnesses:
2/ Introduce other evidence and e.,i~ibits;
3) Cross-examine opposing witnes-~es.
k; The alleged violator may be represented by an attorney at the [brmal hearing.
ill Formal rules of exddence shall no~ apply, but fundamental due process shall hr, (~h.
served and shall govern the proceeding.
~upp, Nu 5 CD2:21
§ 2-191 SEBASTIAN CODE
(m) At the conclusion of the hearing, the board shall issue findings of fact, based solely on
the evidence presented at the hearing, setting forth the specific facts which the board deter-
mines to exist. The board shall also issue conclusions of law, based upon the findings of fact,
setting forth the specific code or codes which have been violated, if any. If the board deter-
mines, as a conclusion of law, that a violation exists, the board shall issue an order of enforce-
ment which is consistent with the powers granted herein. If the board concludes, based upon
the finding of fact, that no violation has been committed, an order shall be entered dismissing
the city's case.
(n) The findings of fact, conclusions of law, and order of enforcement shall be by motion,
approved by a majority of those members present and voting, except that at least four members
of the board must vote in order for the action to be official. The findings of fact, conclusions of
law and order of enforcement shall be reduced to writing, by the board clerk, and shall indicate
the names of the board members voting upon the order and shall indicate if the individual
member voted in the aff'nnnative or in the negative. The written order shall be signed by the
board chairman and approved as to form and content by the board attorney.
(o) No board member shah vote in any case in which that member has personal knowledge
of the facts of the case pending before the board when said personal knowledge, in the opinion
of the board member, will negatively affect the member's ability to render a fair and impartial
determination of the case.
(p) Every enforcement order shall be filed in the office of the city clerk. A copy of the
signed order shah be provided to the violator by U.S. Mail, postage prepaid, sent to the last
known address of the violator. The city clerk shall place each enforcement order on the next
city council agenda.
(q) The order may include a notice that it must be complied with by a specified date and
that a fine may be imposed if the order is not complied with by said date. A certified copy of
such order may be recorded in the public records of the county and shall constitute notice to
any subsequent purchasers, successors in interest, or assigns, and the findings therein shall be
binding upon the violator and, any subsequent purchasers, successors in interest, or assigns.
If an order is recorded in the public records of the county pursuant to this subsection and the
order is complied with by the date specified in the order, the board shall issue an order
acknowledging compliance that shall be recorded in the public records of the county. A hearing
is not required to issue such an order acknowledging compliance.
(r) If the board believes that a violation presents a serious threat to the public health.
safety or welfare, the board may request the city attorney to seek appropriate relief in the
name o£ the city from the county cour~ or the circuit court.
(Code 1980, .~ 2-103; Ord. No. O-93-16. § 1, 2-9-94)
State law reference-Similar provisions, F.S. § 162.07.
Sec. 2-192. Administrative fines; liens.
~ai The board, upon notification bv the code inspector thai an order of the board has llOt
been complied ~vith by the set time or. upon finding that a repeat violation has been c()m-
ADMINISTRATION § 2-193
mitted, may order the violator to pay a fine in an amount specified in this section for each day
the violation continues past the date set by the board for compliance or. in the case of a repeat
violation, for each day the repeat violation continues past the date of notice to the violator of
the repeat violation. Ifa finding ofa v/olation or a repeat violation has been made as provided
in this part, a hearing shall not be necessary for issuance of the order imposing the fine.
(b) Fines.
(1/ A fine imposed pursuant to this section shall not exceed $250.00 per day for a first
violation and shall not exceed $500.00 per day for a repeat violation.
(2) In determining the mount of the fine, if any, the board shall consider the following
factors:
a. The gravity of the violation;
b. Any actions taken by the vii)lator to correct the violation; and
c. Any previous violations committed by the violator.
r3) The board may reduce a Fmc imposed pursuant to this section. The board, however,
shall create written criteria for the reduction of fines. Said criteria shall be adhered
to when considering a request to reduce fines.
"c> A certified copy of an order imposing a fine may be recorded in the public records and
thereafter shall constitute a lien against the land on which the violation exists and upon any
other real or personal property owned by the violator. Upon petition to the circuit court, such
order may be enforced in the same manner as a court judgment by the' ~heriffs of this state,
including levy against the personal property, but such order shall not be deemed to be a court
judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue
to accrue until the violator comes into compliance or until judgment is rendered in a suit to
foreclose on a lien filed pursuant to this section, whichever occurs first. After three months
from the filing of any such lien which remains unpaid, the board may authorize the city
attorney to foreclose on the lien. No lien created pursuant to the provisions of this section may
be foreclosed on real property which is a homestead under section 4, article X of the State
Constitution.
(Ord. No. O-93-16, § 1, 2-9-94)
State law reference-Similar prov/sions, F.S, § 162.09.
See. 2-193. Duration of lien. ~
No lien provided under this dix4sion shall continue for a period longer than 20 years after
the certified copy of an order imposing a fine has been recorded, unless within that time an
action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action
to Foreclose on a lien. the prevailing parry is entitled to recover all casts, including a reason-
able attorney's fee, that it incurs in the ?orec[osure. The continuation of:he lien effected by
commencement of the action shall not be good against creditors m' subsequent purchasers
valuable consideration without notice, unless a notice of lis pendens is recorded.
,Ord, No. 0-93-16. ~ 1.2-9-941
Stnte law reference-Similar provisions. F.S,
s~pp. ×,, .5 CD2:23
§ 2-194 SEBASTIAN CODE
Sec. 2-194. Appeals.
An aggrieved party, including the city, may appeal a final order of the Board to the circuit
court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review
o/' the record created before the board. An appeal shall be filed within 30 days of the executions
by the chairperson of the order to be appealed.
(Ord. No. O-93-16, § 1, 2-9-94)
State law reference-Similar provisions, § 162.11.
Sec. 2-195. Subpoena powers.
The board shall have the authority to subpoena alleged violators and witnesses to its
hearings. The city, the board or the alleged violator may request that witnesses and records be
subpoenaed to any emergency or formal hearing. Subpoenas shall be served as allowable by
law. The chairperson of the board shall provide the board clerk with sufficient signed and
blank witness subpoenas to be provided to alleged violators and the city attorney /'or the
purpose o/' subpoenaing witnesses and records. The alleged violator shall pay to the city a tee
of 312.00 for each subpoena served by the city at the request of the alleged violator.
(Code 1980, § 2-107; Ord. No. O-93-16, § 1, 2-9-94)
State law reference-Similar provisions, 162.08(2), (3).
Sec. 2-196. Service of notice.
(a) All notices required by this part shall be provided to the alleged violator by certified
mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer,
code inspector, or other person designated by the city council by resolution; or by leaving the
notice at the violator's usual place of residence with any person residing therein who is above
15 years of age and informing such person of the contents of the notice.
(b) In addition to providing notice as set forth in subsection (a), at the option of the board,
notice may also be served by publication or posting as allowable by law.
(Ord. No. O-93-16, § 1, 2-9-94)
Sec. 2-197. Obstructing inspector.
Whoever opposes, obstructs or resists a code inspector in the discharge of any duty pro-
'vided in this division, upon conviction, shall be guilty of a misdemeanor o£ the second de~ee,
punishable in accordance with the Laws of the State of Florida.
(Code 1980, § 2-109; Ord. No. O-93-16, § 1, 2-9-94)
City of Sebastian
1225 Main Street
Sebastian, Horida 32958
CITY COUNCI'L
AGENDA PACKET
SPECIAL MEETING
QUASI-JUDICIAL HEARING
WEDNESDAY, AUGUST 19, 1998 - 7:00 P.M.
City of Sebastian "
1225 MAIN STI=iE_--T o SE~A..~'IAN, FLORIDA 32_cE8
TELEPHONE (E61) 5~9-5330 ~ FA,'((561) E,:3g-EE.70
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
QUASI-JUDICIAL HEARING(S)
WEDNESDAY, AUGUST 19, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
122S 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
2. PLEDGE OF ALLLEGIANCE
3. ROLL CALL
QUASI-JUDICI3I., P~HIC HEARING(S). FINAL ADOPTION
(Procedures on Back of Agenda)
98.018 A.
Resolution No. R-98-35. Sebastian Lakes Plann~lMnit Devel0llment Re~iidential (PUD-R)
Preliminary Development Plan/Preliminary. Plat (.Growth Management Director Transmittal 8/12/98.
R-98-35,.A~glication. P & :~ Minutes, Staff~egort and I~;ation M~. Preliminarvj~lgn 1.2nder
Separat~ Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTy. FLORIDA, APPROVING THE
PRELIMINARY DEVELOPMENT PLAN FOR SEBASTIAN LAKES PUD; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF ~3ZSOLUTIONS iN CONFLICT HEREWITH; AND PROVIDINO ~:OR AN
EFFECTIVE DATE,
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CI'IT COUNCIL ;VITH RESPECT TO ANY.~£4TTER CONSIDERED
AT THIS.~VTING (OR ttKARING) [gILL NEED A RECORD OF THE PROCEEDINGS AND .~£4Y iVEED TO ENSURE THAT A ~RBAT~[
RECORD OF TIlE PROCEEDINGS IS MADE, }gItlCH RECORD INCLUDES THE TESTEt[ONY AND EI, TDENCE UPON [VHICH THE APPE4L
IS TO BE HF. ARD. (286. 0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS $VITIt DISABILJTIES.-tCT (ADA). ANYO.VE WltO NEEDS A SPECL-tL ACCO.?~,B,IODATION FOR
THIS MEETING SHOULD CON'LICT THE CITY'S ADA COORDINATOR AT 589.5330 AT LE, qST 48 HOURS LV ADE.iNCE OF THIS 3dEETLVG.
Hearing Assistance Headphones are Available in the Council Charnbers for all Government Meetings.
?rocedures for Q. uao~.-Judiciai Hearings as t~ollows (In accorda2nce wi~ R-97-4~
M~r~re~ding O~c~ Op~s Hearing and Outline~ Rules
Ci~ Attom~ reads Ordinance or Resolution (~Hpplicable)
If Requested by ~cted Par~ - Cler~ecre~ Hdmina~s Oa~ to 0~ A~cted Par~(ies) ~o Intend to Test~
For Non-~nd U~ Ma~s - D~l~re of ~-Parw C~unica~n
Applicant Pre~maon - Unin~pted 15 Minute~
Inqui~ of ~pplic~t ~ ~pplicant ~ ~i~e~es by C~ci~d (or Staff or Applicant or O~er ~ected Paraes ~rough Mayor or ~esiding
O~c~)
S~ffPres~on . Unadapted 15 Minutes
Inqu~ of S~ff by C~ci~rd (or ~pplicant an~ O~er ~cted P~aes ~rough ~ayor or Presiding O~cer}
~pon~' Te~amo~- Up ~ 15 Minute~ (~e~ ~e affected
Inqu~ of ~pon~ ~ C~nci~oard (or S~ff or ~p~lic~t ~ 0~ A~cted Parties ~rough Mawr or Presiding O~cer)
Oppose' ~t~ - Unin~pted 15 Minu~ (~ ~ a~cted par~s)
Inqui~ of Opp~ or Oppon~t ~ ~ime~es by Co~a~oard (~ S~ff or Hpplicant or Oth~ Affected Parties ~rough M~or or
P~g O~c~)
Op~g oflnf~agonal T~amo~ . ~ Memb~ of Public wi~ Info~ation or Need for Cla~fication . 3 Minutes or 10 Minutes
Rep~ang Grips of 5 ~ More
Inqu~ ofInfo~aa~al ~i~e~es ~ Counci~d
Clog of Public Info~ation P~od - No Hddi~onai Public C~m~ Allowed ~cept in Response to C~nci~oard Quesaons
~pplicant~ Rebut~l ~aou - 10 Minutes (~c~d Par~es or S~ffM~ Request to be Allowed to Point Out E~ors of Fact or Ask
Qu~ of Hpplic~t or ~pplic~t
S~ff Re~o~e and Summa~- 10 Minutes ~e~o~ ~ ~pplican~ ~opon~, Opponen~ or [nfo~aaonal ~i~e~es - ~ected Parties
M~ Request ~ be Hllowed ~ Point Out E~ors ofFac~ ~ ~ Qu~o~ ofS~ff or S~ff~ime~es)
Ci~ C~nci~d Inqui~ of ~ppllcan~, Proponen~ Opponen~ or S~ffMemb~
Cl~e Hea~ng Upon Compleaon of Tes~mony
Act Upon Hppllcaaon
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)
Affecled Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statue,, A homeowners or property owners association
whose memben include an affected party shall be granted affected parO~ status by the City Council/Board provided the association has been
establi~,hed pursuant to Florida Law. A certificate of good standingfkom the Florida Secretary of State's office and a re~olution Of the board of the
a.~sociation authorizing ,mid representation shall be filed with the City Clerk '~ office prior to the entity's request to be granted affected party status.
Affected Parties May Request Ey. tension of Time fi'om City Council/Board and may object to the introduction of any evidence, whereupon, the presiding
o~cer may rule upon the objection to the admissibility of any evidence. The City Council/Board members may aJ~rm 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.part~ communication in land. u~e matters i~ not required and such non-disclosure shall not be deemed prejudicial to the decision of
the City Council/Board. AH decisions of the City Council/Board on land use matters must be supported by substantial, competent evidence in the
record pertinent to the proceeding, irre~ective of such communication~
,4 person who appears before the decision mala'ng body who is not an affected party may be allowed to testify before the decision mala'ng body, may be
requested to respond to questions from the decision making body but need not be sworn as a witness and is not be subject to cross-examination and is
not required to qualify as an expert witness. The decision rnaIa'ng body shall assign weight and credibility to such testimony as it deems appropriate.
2
City of Sebastian, Florida
Subject: Sebastian Lakes PUD Preliminary
Development Plan Approval
Approved for Submittal by:
Agenda No. q~', C/~7
Department Origin: Planning (TH)~
Date Submitted: August 12, 1998
For Agenda of': August 19, 1998
Exhibits: R-98-35, Application, Planning and Zoning Commission Minutes. Preliminary Development Plan.
Location Map, Staff Report.
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
SUMMARY
The City Council approved the conceptual developmem plan for Lennar NE Partners Limited
Partnership for Sebastian Lakes PUD on January 21, 1998. The project is located in a triangular
area formed by Roseland Road, LaConia Street and Grandure Avenue. The site currently
contains 64 townhouses, Walgreens, First National Bank and the North County Library.
Lennar NE Partners Limited Partnership has applied for preliminary development plan approval
for the Sebastian Lakes PUD. The preliminary development plan is for 97 detached single family
houses on 34.184 acres.
The single family lots will be approximately 60' by 125'. The parcels will have access via the
existing private road entrance to Sebastian Lakes. The applicant has. agreed to construct a
sidewalk internal to the project as well as connecting to the existing sidewalk along CR-512. The
applicant will provide an extensive landscape buffer between the proposed residential lots and
existing commercial tracts as well as along the perimeter boundary of the property.. The project
will be served by water and sewer.
The Planning and Zoning Commission has recowanended approval with conditions.
RECONk-MENDED ACTION
Hold a public hearing and act on resolution R-98-35.
RESOLUTION NO. R-98-35
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING TIlE PRELEVIINARY
DEVELOPMENT PLAN FOR TIlE SEBASTIAN LAKES PUD;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
WBEREAS, Lennar NE Partners Limited Partnership has applied for approval of
the preliminary development plan for the Sebastian Lakes PUD, and
WREREAS, The City Council of the City of Sebastian approved the conceptual
development plan ('11.-98-05) for Sebastian Lakes PUD on January 21, 1998, and
WBEREAS, The City Council has entered into a developers agreement relating to
Sebastian Lakes PUD dated February 9, 1994 and October 9, 1996, and
W~REAS, The Planning and Zoning Commission has recommended approval of
the preliminary development plan for the Sebastian Lakes PUD
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: '.
Section 1.
APPROVAL. The
prepared by Bussen -
7/31/98), sheets 1, 2,
PRELI2VIINARY DEVELOPMENT PLAN AND SITE PLAN
preliminary development plan for the Sebastian Lakes PUD, as
Mayer Engineering Group, Inc., dated December 23, 1997 (revised
3 and 4, is approved with the following conditions:
Tracts A1 and B1 shall be landscaped to provide a type A
vegetative buffer between the residential and commercial land uses.
A type A buffer shall be completely opaque from the ground up to a
height of at least six (6) feet, with large trees utilized as intermittent
visual obstructions from the opaque portion to a mature height of at
least twenty (20) feet.
Final Development Plan Approval for phase I shall be obtained in
30 months, phase II in 48 months, and phase III in 66 months.
A sidewalk easement shall be provided and dedicated to Sebastian
Lakes Master Homeowner's Association.
The drainage system for the project will be constructed in
conformance with the approved St. Johns Water Management
District permit; the approved outfall point for the project is the
e.,fisting drainage structure located at the southwest corner of the
property.
The recreation facility (tennis courts) shall be completed with phase
I.
The developer construct a sidewalk along the east side of the
entrance drive connecting the internal sidewalks with the future
sidewalk along CR-512.
The applicant provide a landscape buffer along the perimeter of the
property in accordance with the buffering plan dated 11/24/97 by
Witkin & Associates.
Section 2.
hereby repealed.
CONFLICT. All resolutions or parts of resolutions in conflict are
Section 3. EFFECTIVE DATE.
immediately upon final passage.
This Resolution shall take effect
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 Wininger
Councilmember Louise R. Cartwright
Councitmember Larry, Paul
Councilmember Chuck Neuberger
dav of
The Mayor thereupon declared this Resolution duly passed and adopted this
,1998.
CITY OF SEBASTIAN, FLORIDA
Bvz
Ruth Sullivan. Y,[avor
PUD APPLICATION RORH
cf'fy oF s~DASTIAN
122-q MA I N' ,~'rREET
,~;EBASTI AH, FLORIDA
TEL~PIIONEI ~89-~U0
wtth nil en~o~ur~ r'ef~[-red ~o h~rein~ ~o the city ~lerk~s
C(.1NCEPTUAI. _ .................... PREI. IMIHARY
APPLICATION ItO~
X FINAL
D a T E _ J U._N_E_ 2~__I g 98
OWNER LENNAR NE PARTNERS LIMITED PARTNERSHIP
ADDRE,~,~ CIO LENNAR PARTNERS, INC,_~ NA'T]~ONSBANK PLAZ_A.z A,T~N: MR. PETER iiOELZLE
GA. 30308
r~oJ ~c'r ~CH ~ ~'nc'r
ENO I NEER OF RECORD BUSSEN-MAYER ENGINEERING GR_0~U_P_~_I_N_.C~,JJOSEPH W. MAYER, P,E.
ADDRESS_IQO_~.A_R_NE~LL_S_T_..~ M.~E_R_R_ITT ISLAND ?l{ONE~40_7_~_4>3-00_10.
.... FLA., 3.2953 . .
ZON I IlO Ct.A,ZS I P 1 CAT I O~___P._U..DII~0__,___LAN.D., U. SE. DES I O NAT I ON_M. I2{F,.p__IJSE"
I, EGAL DESCR 1 P1'I OR. OF 'FROJ EGT . PE]R Pl~lqS .ATTACHED
S'I'REE'F ADDRES,~iOF TIlE PROJECT _ .... NO.'t._AYAIj-~llL~, ,.-
TYPE O!? PUD - R__._X_ ...... -__ G IND
NEW SUBMITTAL CIIAROE TO EXISTING PUD X
PROPOSED USE 6R CIIANGE"_NiLLTI_-.FAMTi.y
DEVELOPMENT si'rE SIZE ___E&,..LE_ ACRES
$OUARE rOG'raGE OF HEW IMPERVIOUS ,~UFdFACE __.R~A._-__S_Eii_p..i'ANS___
SQUARE FOOTAGE OF PROPOSED CIIANGE _N/A___-__SE_.E PLANS
S I G N A'I'U R E I.)F /~4Y,{RICI~X AUTH,.0RIZED REPRESENTATIVE
JOSEPH W, MAYER, P,E.
'IIIg F()I.I..f3WI )1); ATIACIIHENT8 .qIIAI, L ACCOMPANY 'rile APPLICA'rlON
l. A copy of the owner's de~d.
23. 'l'~.lv~ (12) copies of all plan~.
4, Rnvtew fe~ of .~ 750.00 In cm~h or chmck drmwn to the
ot,ier-of kite Cll;y of Sehnstl~n,
T, 200.O0 PER PI.Alt PI,U~3 $[.0. O0 PER ACRL~ OR FRACTION THEREOF.
AL.I, {~PI'I. ICA,'I'FG ARE ENCiDURAOED 'rL} SCIIEDULE A PRE-APPLICATION
CONFliREIICE 'dl'l'll 'l'liE PLANHING Alii) ZONING COMI~ISEIOtl OR Itl-
[IOllgE $I',\FF PRIOR 'to 'rile 8UBMI'r'I'AI,' OF PLAN.q. PRE-APPLICATION
.CDIIFERI!.HCE FOE;. $100'. 00. Alii3 RECoIJIRED APFI, ICA'rlcoH FORM PER
(311'Y RiL'7.,t]Lt{I l(}N R-135-C~2.
City of Sebasda.n
129.5 MAIN STRE=-T B SEBASTIAN. FLORIDA 32958
TELEPHONE (56t)589-$S37 E] FAX (561)589-2566
POSTAL DELIVERY
August 4, 1998
Dear Property Owner,
Pursuant to Section 20A-11.7 of the Land Development Code of the City of
Sebastian, this is to inform you that the City Council of the City of Sebastian,
InRian River County, will liold a Special Meeting to conduct a Quasi-Judicial
Public Hearing on Wednesday, August 19, 1998, at 7:00 p.m. irt the City
Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to
consider adopting a resolution regarding an application for the preliminary
development plan for the preliminary plat of Sebastian Lakes Planned
Lrrdt Development for 34.184 acres of residential area to be platted into 97
single-family lots. The subdivision is to a parcel of land located on the south
side of C.R. 512, also known as Fellsmere Road; west of the Roseland Road
extension; and north of Granduer Street.
All records are available for review in the office of the Growth Management
Department, 1225 Main Street, Sebastian, Florida, Monday through Friday,
between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the
City Council at this hearing will need to ensure that a verbatim record of the
proceedings is made wkich record includes the testimony and evidence upon
which the appeal will be based. (286.0105 F.S.)
By:
Tracy Hass
Growth Management Director
Citw' of Sebastian
"Au§u~t 3,. 1998 . "' ""-':": ':".- ' "" '" ..-'--' .... -- ",,.- ';)-'. i.~': .''~- :.,-{ .... , ~.~ , :.i'"::".'
..... '"-":' - "' .... ' .......... ""-'"" .. · '?~ 4 ~-
' T_rac:~, Hass, City Planner--.'. ' '--" · ..F~~,.;~: ...... -' .'
"City of'Sebastian ' ..... ' .'".,...;.-::-J:::.-.".:~'.-q":'"' 'i"- ' ... _ ....:..,.:-., ,~...,~.- ::
'" "1225. Main Street - ' ~': '"':-"_ .-'-. ". _ *',--. '~ ..... ':'"' '""-'""-' - .. ' .-' ....
'.._.:- ...... Sebastian, FL' 32958 -:.i-;...:.' ": '"'i ;'-,',~" - ./,-:~--.i; .'"i'v'-.--::-- -: "-' '/, :' "-' ":' .'.r-(}..~ ........
- .. -..L'-. ".: '.-,... :' ~ ;.' ..... - -.-...-:' , .~ .... .'i;~'.,,. C' ':~,.'--'"".""-:,'- .-.'.. ' -.-.'.- .....
_ .. .. ' ...7 .:~:'L.:.:,::{:.- ;.".~ ~','-., "'~ .','. . '-:,:.5.};:-:.,... ': ..-; -, ,-._';-~'::.:":. '":'.;,, .... .-*,,,':'~.
..... ; ..... . '.,",. , ~,,'-,-.:,.,-"..¢~,',~U't,;-,-~:'.',-/.~'.~J:':~.,'."".t"";-,':?..~.'.,.: ':k'.',-.'-::;. ,;-.',-..:;-.--: '.(' * ~,-. :..:'.'-'.S'-.'..'-,.-'. '.-. '.;,~j'%'{,:"~:.'."'"':.'-': ~.,.'z.-,.,.. ;::..-;,, ,_ ,.,.,:.:...,_.
"' . . i "..-.' · ." I, ..."-- .: : ' '' '- - - ' '- " · " ' ' [ ' ""'" ~. :" ' '' ' ' :- ;,4.',-, · , '.'"
.. ' -;.Please find'enclosed ten' (10), copies' of the revised prehm~_nary., dove opmem, plan. for the.. c....:,::;.'. :.. ',--: .."
_. :'... '.": ..':' abo~ refe~-~nca8 ~0.~e'~_~ P'~r'0~'r di§8~Si~n~, th-~s~. '¢i~n's' have'"f~een'}e-eiSed:t'6' ~-efleC1.?"-:.!.:; --:. -'. .....
-.'--' "-' '.. ".";"that ~'pOSed'cor~mercia[Tra~.l~X is n0t'in~tuded;Within, phas~' :t '0f,'ihe' i~eC~: ?:".:" '." ..( '--:-..
.;. .- Plea, se .replace; ouE jSre,~i~u~l¥'s'u-b.~itt~d! PMns.and advise!f .you have an¥'~addi~ianal .. (. _,i-.: '.:': '.'.-[,."',' .'"L.
' ' ~ ........ ' -':~'"- .'.'..'/.~'.,;:';i-'~.i'~'..-:: ..::... : ",c .'i -.:':. '.;--;..:i, ." ';.' .... ' j..-. i' "'-:'"(: ':"':;;':' ;- "-;.." .' "... ."~ '~:,-' '";~:./,:,~':.:'-:.;c'"
' ' ' :' :'i-W~ 'ar~ alS~' in:.receipt of the' corf,.es~or~d~noe"dated_Jul~/20,' 1998.from. st~n'..Boling-, 'i::. ";" ' "..': :: "' y'' '"
.... '-.Pla'.n. ning' Director' of Indian R!v~r_C.'ounty; wi.tt~ r~gaOd., .to. the North. c0un?L!b~_[Y site,-..;,::--;-. .... .- -
,,....P. fease'finU, att~,~:he8 :~ copy: of this .c..c;{responde.noe.;. together with.a copy'of'the : '..-:.;, :'.: '"'(-' :~ .... --"~
;-'. ::-Common. Opeh ~PaCe Cal~:dlatiOns: ' st;i~wn 0n'sheet,1(0f the.PEeiimina~y-DeveEo~m'ent ;:' '.-.'..' ':.'J
'i" ::'. plar~i 'ahd;~a'sket~h'dej~icting'tl~e p~:op.0s~8' librE~h/'~ite_;e~pansio'r~'~i b'a"sed ~r~x~e.iatest',:,....i ,' :..', !.'.',":-'(..7[.:-
' .;-':.i [[~formatkm provided t° 'this office.. .The,' Com~n: open 'space Cal~uJ~tio'ri~ 'refl'~bt-that. :"-7';'_.;: ,~-:: x;-.-, ;.:..
' of 25.02 ac'i 'is exCe~'ded:~ since 25,69 ac~ of open space is provided. It is important:to %'.,' . :. :,_: '
- note, that thi~ ;c~Jcufatjon" i'd'baSed' o~.-'ah:Sv'erall ~it~ a'rea ~vhich e,~'cludes the libr~/'(raCt'. f';. '..:
. "-i!:.- not be' d'eterfr~ibe'd:'a~ the time of th'~. cdr~:-~t~a[. Developmet~t, PJa-n' app~:~val...:.:. :-L:,-..-".'?~.-..-~ L"-?~
· ' '.'.:-~erefa're;"ih,'Orde~-tC~ be conservative, .and in an isb~ndance .O['C.autio~F;'the-libr-'arF..Sit~ "
- . ......... . .., · . _ . :., .... .-. .......... ..': . , ._ . .- .{./.':.;..
. ' ' - ~was. excluded from the calculation. - .... '-'. - '.. . · ' . ..~._ -,..-,--.::' '.: '.i.q..'. '-,.:... _'- . _-. . f--' .~. ~ -',-
:' .' ';~i_-'~. ' ¢1-_~:;: ~' ')'.--/mi'.-:;...:;';~:--.' "-ii',:'.'; ':' ~' c--;. 'i.: ~" ".,"))..'.-:-:.:_',.:. _';i ": 'i :'..' '.' '... '-,.. ':'-.-.-- .. fX:i',!;:/).-:::.:'-:'.. ':.-.,--;i'~-~.::.''- '.'. -'.-... :, .'
',,' we can inte~ret the Qp.en Space Calculations of the.Code. The first Calculation. Would. -.
' ';' "-.'~xclude_ the libr;~rY:'Q'.aCt from th~ rem~ind'er of th~.P.UiD.":ar&~J; the sedan8 calculation .,
includes, the librarY.-tract, These calculations' are'pOese.nted as-f0ilaWs:.. '. ....
' . ' ~ :.:/.- J. '
. . -..-_; ........ - ~ ',- !_,_, .:. ..
A. Open Spa~:e Calculations (Overall Site Area) Exc.uding-Library Tract. '-
- Per_ Sheet I - Common Ocen Soace Calculations, total required, open suace
=' 25.02 acres. '-
· T'ota[ open space provided = 25.69 acres.
· Excess open space, avaiIabie= 0.87 acres.
o Open space to be provided on libraw site = 40% x 4.I2 ac. = 1,65 ac,
· Ooen space required on !ibran/site = .50°,/0 of 4.12 ac. = 2.06 ac.
100 P.~'-~"~ELL STREET · M,' RR.~ ~ :S[_~'~'D. FLORIDA 329o.~
%, ,r
?.O. BOX 540429 .~][_.RR. TT~ [SL~'~'E, FLORIDA ,~n~-z
.... c .-~ ._~ F.4f(
;-' Mr. Tracy Hass ...... :::. .... ':.- .- -'. --'~ ':' 'August 3.,i998-
- Bussen-Maye~ Project N'~Jmben 2~3't01 " ' Page. 2 --'- ,.
..... ...' .. - . _: '.. :,..' .--::~ ~.-.':;';
,--. . ,.. ; -" ... . ': . . . ': ,,.':~ .-,-, , .",-...-
.. '. '... - -- - . ..:; ..... , . __..
Remaininq_ open space requii'e6on'library site = 0.41' acres. : .... :-'
..... :. · .... ExCess. oh., eve?al! site (0':67 ac.) is greater t, han ~'equ.ir~ment for library. site ..... : -; ,-
(0.41 ac.),, therefore cdteria"is met and exceeded', - - ' ..: ..?.,. '- .
~ '" . , Note: Please"n0t; that'the:'~0~mer~ial tracts' (both. existing and propos'ed) for the P~U.D~. -- -, '-
...... "" .are included Withi'n'the overall, site. ....calculation,.. , ,.and', ..... therefore additional',. ..... open space"is.,-. ..
"~ot rec~ui'rec~ fO~:' t~S'~:.'tracts. However,. ih?reality additional open. space is 'provided in:-.~',,. :: .,.-:':" :; :;~' ' ..- ..'
"' 'each of. the c'~mmercial tracts,, as '$howr.~,in. the O ti~rt B Calculation_ betow ,-' :- "-~.";, ,' ,, ." -.
.... ,....... P .- .. . ..... ~.;-',:,.", .:.,.~-',_-..-.=..,,:,~..~.~.,..,,~,. :,,, ,, ~
- . '. .... -:,.. '... ,',...-.; ,.: .... ,, ,..: ; '...';~ .....'~,-;:--..~.'..'.,:%:-,_~:~, -..~..~.,:~' .. - ..... .~; - . ._.; , ,:.:.. ..... .%. .,';;-., ,'.....4,,::'~:~.~,~;..,.' .:.'.,,.-..--...- _'-, ,. .
',. :B:, ::' ;:,: C'Ommon,O?,' ,:... ' '
:::. 7:':-::'7". :: :" '.:.--...:. '. ',":!,-. '!':', ;:'...'_ -.-
.. ;..-~:~' .- Pen~ spa'c~. Calculations:.-.. InCluding. Library Tract :-:'-..,,..;,.... ..... : -, .-,
:--..' ':':; .;.-: ;'"."--' "*" '.-'.Total; site ai, ea. (including libmry'.i:ra, ct) ~-.5:4..! 5. ac~..~;?'.' -.,-:: .: v.:,:,." ,:'.,.' .~:;'. _ ...:;:,;'" :..~,' :.;....:' .' .'"
.. . ' ' ." ".'". 'T0tal'required'0per~'''sCace';''50% x' 54.15 = 27.08 ac. "' ".,- ..... :' "-- -,::'.".';; :",' '-.',.!~ ',...' ". '
'-"" '"' ~ ': "' ..... -' "-' ':,::' ~.;,:" :'ODet~"~p~ce'Pr6vid~C['? ':' '-':,i:'"'._~:";,', i"-.". '..'?"-'-:: :'" i :..--:,': ',, '; :'.-.':-.'.'.';,,.~':: · ,,.,.;'..'.-.,?',", ;.'";i.;;,',"}'.;:.: ;'i. ?' ',."~.;.," ~i:-.'.i;;i' ~-'-'
.:..,~;',.':a. ~p~i Space from residenti'a['' p~rtion'of §itc. (pei~ ~heet.~').'.::":',.:' ;.?':' ?-':.=':.'~5:~9-ac~ :..;,,'.!::;:::::',; '-'-'
"" b; 'Open'space'from i~iSting c~mm;e~'cial'tfact = 33 Yo-x' 3.42 ~c: i'-:.!'"" '- ='._': :'i:. i3 ;AC: ': .-": ~"-: '-';'.'
. c¢' Open space from library.tract, =_40% x 4.12 ac. .... = . 1.65 ac.
.... d; MCn'. 01~en. space from futu~e'o0mmer(~ial Tract IX ="1.5% x 2.'04 ac. = - ;31 ac.
' ' -.- e.-'Totals'open space provided-- - :'-¥; '.-'": "' '": '-'":' ':';. '!- ..--'= 28'.78 a'c. '-"'
..... . o.'-. Total. ~ pen space prbvid~d (28.78 a'~)'excee · _- ...... .-: .--
........' " "; r:equimd" (27.08 'ac,) f~-"t;f0-'aC; :-----, "::: : "' .:' ;.'-'. -'-,:-.' -:":'-:--.'~'."?;:-, ,-:..',. '..-
;! '
.. , .. ..... .. ....- ,,.;.. .... ~ .~- -. ,_.~, ::, . .!, _': ;.___'.',"....-.... - ,: ..,-'...~.%;.;~-.,...,.~ . ::, .
" As' yoQ' ~ar~ s~e, 'ir~ eithe~;.'{cenario the ogeral~ site. open space calculations 'are met.'-'.' .... ; ~,. '.-
· .:;' - . "Lrh. ere'fo'rei.we'r_esl~c~ully;'reqd'e~t'that y.0u, provide- written, verification.that-We haw:met,-.' ..... .,.; ."- --..- ::'..
the Cor~dition~-'6{the:previous.resolut]-on, and proyide confirmation to Mr.. B01ing'at -:,'.-..: .'. ' ,-'"': .
. .- Indian River' _C,.odnty that ~' ~inimum.0f 60% imperviaus'develoPme .nt;w. il[ be' permitted. :'.~'::,~;'-~,i:;,',;,.-'..'~:-i!::- ~::',"
-~r the librarY S exis-a'nsf~n'Pr0je~;t:'. i,::.~-'.-?..~'.;' ':" ,:;?::'".'--:-'.~'; ~,-:".:,...;~:.i..,,.',',:: .'~ ..'.~.;;'~ '-:;.:.;,}-::.i.i, .;:-,:,',:~'....::,..:".:-i,..:':';;-'! ;'.-_..';'i ,,':-,.-;:.~.~'..:
,, ..-.:: If yo'~:h~:'a'n~'~lU'~'Sti~,4 i~'ardin'g t-his information;, please.advise.''t'Tha~[4. y0u f0'~'~O~r:: .
" ......... :i'."-:' :'".:":.,.
"' -" contin'ue(~ cooperation an'd: assistance. :':":; '~-: .... '
-'Sincerely,-:: ' '"'" ~':-.-" :.." ':~.'.'."~ -: ;;'.:' ' ' ..... ''~" ' '
--':i;'-'-" "": :!;': '''-'¥': ': ' :' '"-":~" ~'''' ' .... '- '
.. ',..,.-._-_.':.-.. ::'.:.;, · . :-.,... :..,'.;:....;~,;::.;..-,'-? _ . ~.,..-_ .
. -. ._...~:.;..,.;:...-.,_.._,~.......,
' "-' ....... '"':'i'; ","' '..:-L" '.. :'."'"'-:': --';;'..--',.'--....--":'.' .'-.' _:' ' .' "-'"-'":.; .: '"- -';"
, P.E., President." ..
cc: Peter Holezle
Warren Dill,' Esq.
Chuck DeSanti
Bill Handler
283120731/ism
BOARD OF COUNTY COMMISSIONERS
I~40 25th StreW, t~,r~ ~ack, Ftori~ 12960
Tracy Ha~, City Planner
City of Seha~tim
1225 Main Stre~
Sebastian, FL 32955
JUL ~ 0 ~99~
KE: North Coua~, Library $i~:
De~r Tracy:
This is a tbllow-up to our conversation this mOrning rcgarding the portion of the Sebastian Lakes
P.U.D. that covets tae north cotmty library site. County public works smffhave rcvicw~d a copy
of thc 'prcliminarf stormwater calculations for Se 'bazfian Lakes P.U.D. Subdivision Addition
dated June 25, 1998. Thc coumy's main intcr~s: is to ensu~ tha~ thc proposed changes to the
Sebastian Lakes ln'oicct do not advcr~ly impact thc county's plans for futurc.cxpm~ion o£thc
north county librarf site.
County pubh¢ works sta,ff have informed mc that the expand~ north county library sit~ covm's
4.119 acres and that to accommodate anticilmt~d futur~ dcvelopmcng no mom than 40% of this
site should be rem/ct~ to open space. Accott~ng to public works, to accommodate future
expansion of thc library, the county will n'~d approval to d~vclop 60% oftt~ 4.119 acres as
imperious surface ar,a (e.g. building, drivovay~, parking SlmC~, watkways, ~tc.).
Please confirm to c,c,.fy staff that ncithvr the existing $~b~tian Lakes P.U.D. nor the prolmScd
changes to the PUD jwill r~uir~ the county, to provide mor~ than 40% open .space on the 4.1.,I 9
acm li,b,rary site. PI~sc fc~l free to contact Senior Plam. er John McCoy at 567-8000, ext. 2o5
while i m on vamti0n.
Sinc.~dy,
Stan 1Bolhag, ~C
Planning Dir~or
cc: Jaracs Chandl~
Roger Cain. P.E.
t .
Robert M. Kzatang, AICP
Sonny Dean
Jim Da¼s, P.E.
Dave Cox, P.E.
John McCoy, AIC?
510
$CRE£NIN G./',c ATiO
AREA
.. ~.,R ,-.--,,-.,, ...-~. ii
COMMQN OPEN SPACE c-_~A_LCULAqONS:
BEQIJIREMENTS
1. 30% OF RESIDENTIAL LOT AREA
0.30 × 20.161 Ac. = 5.0,5 Ac.+-
2. 50A OF OVERALL SITE AREA (EXCLUDING LIBRARY SITE)
0.50 × 50.04 Ac. = 25.02 Ap.±
PRDVIOt[D:
1.) RESIDENTIAL tOT AR~A
· o.) MAXIMUM BUILDING ENVELOPE (FIRST FLOOR) = 50' x 70' = ,3.500 S.F.
b.) 0RIVEWAY = 16' x 35' = 560 S.F..
TOTAL (MAX.) NON-OPEN SPACE PER LOT = 4.,060 S.F.*
,NOTE! BASED ON ALL LOTS WITH MAXIMUM BUILDING ENVELOPE -
ACTUAL NON-OPEN SPACE WOULD BE LESS FOR MOST LOTS.
c.) TOTAL RESIDENTIAL LOT OPEN SPACE = TOTAL RESIDENTIAL LOT
AREA (EXCLUDING LAKES AND ROADS) MINUS (4,060 S,F. x 97
LOTS + 45560)
d.) 20.161 AC.± - 9.04 AC. = 11.12 AC.± (RESIDENTIAL LOT OPEN AREA PROVIDED)
e.) 11.12 AC.± IS GREATER THAN 6.05 AC.
.'. REQUIREMENT IS EXCEEDED.
2.) OVERALL SITE AREA
O.) RESIDENTIAL LOT OPEN SPACE = 11.120 AC.+
b.) EXIST. OPEN SPACE (CONDOS) = 2.914. AC.+
c.) TRACT E1 = 1.,305 AC.±
d.) TRACT B1 = 0.980 AC.J:
e.) TRACT 01 -'; 5.4.78 AC.±
f.) TRACT F1 = 0.723 AC, J:
g.) TRACT C1 : 2.589 AC.J:
h.) TRACT A1 : 0.4.80 AC.+.
i.) TOTAL OPEN SPACE = 25.59 AC. IS GREATER THAN
2~..02 AC.
.'. REQUIREMENT IS EXCEEDED.
NOTE] MAXIMUM BUILDING ENVELOPE IS IN,'r,',',%NDED
FOR LARGEST LOTS ONLY; IN ORDER TO
PROVIDE A CONSERVATIVE CALCULATION
FOR OPEN SPACE. ACTUAL BUILDING
ENVELOPES WiLL T'fPICALLY RANOE
FRCM 4.0'×6~' TO .~0"46~'. %1¢'
/
/
/
/
/
/
/
/
/
/
/
/
/
/
RECF_NTLY ADDED /
TO LIBRARY TRACT/
0.171 AC.J= ~
/
/
/
/
/
/
¢3
¢0
See.: 14 & 23
T'.Gg.: ~1 South
D'~m by :JWl~
Dr.-~ by :
GRAPHIC
0' 50'
/
59
SCALE
IOO'
6O
2C0'
I
/¢5
( tN FEET )
1 INCH : 100 FT.
~REVARO ,.,,.,U N T¥
A SXETC:-t AND OESC,~IPTIDN PREPARED FOR:
SEBASTIAN LAKES P.U.O.
SUSOIVISiON
~uss¢,n,- ~c~ycr Eng,n,,r,n9 ~rc~up~
P~ NO.: (~0?) ¢62-GC!0 FAX NO' (aOT) ~5~--~5 I ~
: OT/'U/ga
Scale : 1"=I00'
P. N. :283103
Sheet No.
PL~NN~'G ,AND ZONll'q'G CO~vB, IISSION
M2D41.rI'ES OF REGULAR ~[EETI/'qG OF AUGUST (5, 1998
Roll call:
Chrrm. Munsart - yes Mr. Thomas - yes
Mr. Mather - yes Nra'. Schulke - yes
Nh-. Pliska - yes M_a-. MacWilliam(a) - yes
Ms. Vesia - yes
The vote was 7 - 0. Motion carried.
E. RECOI~vlENDATION TO CITY COUNCIL
Plan/Preliminary Plat - Sebastian Lakes PUD - Residential
Preliminary Development
Mr. Warren Dill, Attorney, was present representing Lemaar NE Partners L/rnited Parmerskip,
owners of undeveloped land at the Sebastian Lakes PUD. He introduced Mr. Chuck DeSanti who
is the representative of Lennar NE Parmers, and Dan and Bill Handler, owners of GHO Homes.
He noted that they are the selected builder for the development. He also introduced Mr.-Joe Mayer,
the project engin~r.
Mr. Dill gave a pnmentation, noted conceptual development plan approval by P & Z and City
Council, and commented that thi~q approval lo~ked in the general design of the development. He
noted the reduction in density in this PUD along with reduction of associated issues. He also noted
that the anticipated price range will be between $100,000 and :t;140,000. He also 'noted the many
hours spent with neighbors and the condominium association, taldng into consideration their issues.
Nra-. DeSanti displayed a drawing of the site plan, and noted a miniraum of f0urteen hundred (1400)
sq. f~. under air, to approximately two thousand (2,000) sq. f~. He then noted that GHO Homes
prepared the model program proposed for thi~ project. He gave infornmtion on the emergency
access, and the consideration for having no access to the future commercial off the entrance road
into the community, as expressed by neighbors and condominium owners. He also suggested-that
the lake, adjacent to thi~q commercial site, be lengthened so that it would deter future access.
Nh'. DeSanti noted that the County turned down an application for access to the Library ske. He
indicated the area for fumm Library expansion and parking expansion.
Chnm. Mumart noted that the elevations, sections and prospectus were not provided.
Mr. DeSanti provided a list of model homes by GHO Homes, in Vero Beach and invited all ~ ' s~op
in to see them. He then showed examples of four model home designs, with each model having two
elevations.
Joe Mayer, of Bnssen - Mayer Engineer/rig Group, Inc., project engineer, was present and
responded to a question about the .type of roads. Nra.. Mayer noted that the roads have been
changed from inverted crown to normal crow~a streets with curb and gutter. He noted that there
should be a separate sheet indicating this change, page 4 of 4. He also noted that twenty-five (25)
fe~ have been allowed for a twenty (20) foot wide =-rree~ for the access road. He also indicated that
the lot numbering ha~ been changed. He also e,,cplamed the drainage plan.
10
PLANNING AND ZONING COND,,IISSION
MINUTES OF REGULAR MEETING OF AUGUST 6, 1998
Mr. Schulke asked about "phasing".
Mr. Hass explained that the "phasing" plan was adopted as per City, Council in their resolution for
the conceptual plan - Phase I - thirty. (30) months; Phase II - forzy--eight (48) months; and
Phase IIi - sixty-six (66) months, (which was incorrect on the staff report.)
Mr. Pliska brought up the subject of mm radiuses. Mr. Maver explained the deceleration lane and
indicated that he would discuss this with the developers, but noted that with the deceleration lane,
they may already meet the request for longer radiuses.
Mr. Hass referred to the letter from Indian River County Planning Dept. addressing open space
requirements, and noted that the applicant has submitted new open space calculations which
indicate that with or without the library site, they meet the open space requirements. He noted that
he spoke with the County, today, about removing the library site fi'om the PUD and rezonlng it
public service. Since rezoning is being considered by the City, he felt }his would be a good time to
do this. He indicated that the County is very receptive to the idea, and feels the applicant is also
receptive.
It was noted that them will be a sidewall~ from this project to the Library.
The issue of retaining trees on this property, was discussed, and Mr. Mayer indicated that there are
only crepe myrtles and palms there presently. He didn't think there were any oaks.
PUBLIC INPUT:
Ms. Eva Schofietd, 1106 Breezy Way, Sebastian Lakes, was present and requested a second road
for ingress/egress. She noted that with the proposed added units, traffic will increase, and become
a conflict for the residents that exercise on the streets by wall4ng.
Mr. Dill noted that the subject of access was discussed thoroughly at the Council meeting, and by
the residents, and it was unanimous that nobody wanted an access from Laconia. He also pointed
out that the present entrance was designed to accommodate 364 units, and there will be only 161
units, less than half of the projected capacity for that entrance.
:da'. Schulke suggested extending a sidewalk by the entranceway so that pedestrians c,Suld walk to
the sidewalk along CR 512.
Mr. Dill indicated that Mr. DeSanti agreed to add this sidewalk.
Buffering along Grandeur and Laconia was discussed.
Mr, Dill noted the landscaping plan for that arem and the plan to place ordv single story homes
along Grandeur.
There was some discussion on whether the landscape plan for ttus area should have been included
in flus presentation.
ll
PLANNING AaND ZONING CONEvflSSION
MTNUTES OF REGULAR MEETING OF AUGUST 6, 1998
Mr. DeSanti agreed to providing a berm, a hedge, and tree canopy along Laconia, and taking
noxious species out along Grandeur and replanting with wax myrtles, live oaks, etc. He thought
this issue was covered in the conceptual plan.
Mr. Ha.ss indicated that the Code calls for buffer details from residential to commercial, but not for
residential to residential. He noted tracts A-1 and B-I which both abut the commercial tracts m
between the residential, and that is why it was included on the conceptual and preliminary plans.
Mr. Dill referred to the landscape and buffering plan that covered this area, (11/24/97 by Witk/n &
Assoc.) and it was suggested that a reference be made to it in the motion.
Chron. Munsart mentioned, again, a second entrance on Grandeur. Mr. DeSanti explained the
earlier research that was done on this issue, and one primary access point is sufficient.
MOTION by SchulkedMather
I would like to make a motion to recommend to City Council the approval of Sebastian
Lakes PUD Subdivision, Pre'hminary Development Plan, and that we - all of the plat of
Sebastian Lakes Unit one (1) according to the plat thereof, as recorded'in plat book twelve
(12), page eleven (11) of the PUblic records of Indian River County, Florida; we adopt the
staff report of 8/6/98, which includes the revisions to the recommendations, also we would
recommend that they construct a sidewalk along the entrance drive as the client has so
agreed at this meeting; and we would like to include in their presentat/on, or make specific
reference to the buffer plan, landscape and buffering plan dated 11/24/97 by Witkin &
Associates, the plans that we are recommending approval are signed and sealed June 24,
1998, and they are sheets 1 of 4, with a revision date of 6/22/98, 2 of 4, with a revision
date of 6/22/98, 3 of 4 with a revision date of 6/22/98, and 4 of 4 with a revision date of
6/22/98.
RoU call:
Mr. Mather - yes . Mr. Schulke - yes
Mr. Pliska - yes Mr. MacWilliam - yes
Ms. Vesia - yes Chnm. Munsarr - yes
Mr. Thomas - yes
The vote was 7 - 0. Motion c, wied.
MEMBERS ~TTERS:
Ms. Kilketly noted that alSer reading a copy of the letter from the Police Department that was
included with the case for Coastline Tire & Auto Air, Inc., she would suggest that a copy of the
code was sent to the Police Department. Mr. Hass noted that they already have this imbrmation.
Chran. Munsart adjourned the meeting at 10:34 pm.
----'"' LENNAR NORTHEAST PARTNER5
April 22, [997
The City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Sebastian Lakes PUD Conceptual And PreLiminary Site Plan Approval For The
Undeveloped Portion Of The PUD Development Currently Held In Th Name Of
Lennar Northeast Partners Limited Partnership, A Delaware Limited Partnership
Gentlemen:
This letter will serve as authorization for Sebastian Lakes representatives, C. Ralph
Cochran and Thomas S. Recicar or Joseph Mayer, as its engineer to proceed on behalf of
Lennar Northeast Partners Limited Partnership as property owner ha obtaining conceptual
and preliminary site plan approval for the remaining PUD development in accordance with
the ordinaces and regulations of the City of Sebastian, FIofida. The foregoing
authorization is not intended to bind Lennar Northeast Partners for any commitments made
by Sebastian Lakes Development Corporation. In the event Sebastian Lakes Development
Corporation fails to close under its contracts with Lennar, than Lennar luther reserves t~he
fight in such event to amend or futher modify the site plans which are being submitted to
the City of Sebastian.
LEN2WAR NORTJE'
PARTNERSHIP/~
By: Lermar ~o~
' a Flofi? c~
By: M2r4
:~AST PARTNERS LL-MITED
gv iiinn~dlnPc 7nership
eneral panner
ice President
Community Development Department
Preliminary Development Plan
Planned Unit Development
Approval Application Staff Report
Project Name: Sebastian Lakes PUD Subdivision
Requested Action: Approval of Preliminary Development Plan
Project Location
a. Address:
Legal: All of the Plat of Sebastian Lakes Unit 1, according to
the Plat thereof as recorded in Plat Book 12, page'11, of'the Public
Records of Indian River County, Florida. Less and except all the
following parcels.
Tract B of aforesaid Sebastian Lakes Unit 1
Plat.
Commence at the Northeast corner of Section 23, Township
31 South, Range 38 East, Indian River County, Florida.
Thence run South 73° 36' 50" West for a distance of
1473,03 feet to the Point of beginning for the herein
described parcel of land; Thence, run South 37° 43' 45"
West for a distance of 72.00 feet 72.00 feet; Thence, run
South 52° 06' 25" East for a distance of 318.03 feet;
Thence, run South 11 ° 02' 49" East for a distance of 18.71;
Thence, run South 37° 53' 35" West for a distance of 281.65
feet to the point of curvature on a circular curve concave to
the Northeast, having a radius of 263.80 feet; Thence, run
Southeasterly along the arc of said circular curve concave to
the Northeast, having a radius of 261.80 feet; Thence run
Southeasterly along the arc of said circular curve for an arc
distance of 220.76 feet; through a central angle of 48° 18'
46"; Thence run South 10° 25' 12" East for a distance of
13.13 feet to the point curvature on a circular curve concave
to the Northeast, having a radius of 119.24 feet; Thence, run
Southeasterly along the arc of said curve for an arc distance
of 68.44 feet, through a central angle of 32° 53' 96'; Thence
run North 46° 41' 42" East for a distance of 42.00 feet, to the
point of non-tangency on a circular curve concave to the
Northeast, having a radius of 72.24 feet; Thence, run
Northwesterly along the arc of said circular curve for an arc
distance of 44.33 feet, through a central angle of 32° 53'
06"; Thence, run North 10° 25' 12" Westfor a distance of
13.43 feet, to the point of curvature on a circular curve
concave to the said circular curve for an arc distance of
185.34 feet, through a central angle of 43° 18' 46"; Thence,
run North 37° 53' 95" East for a distance of 102.9 feet;
Thence, run North 37° 53' 35" East for a distance of 241,42
feet; Thence, run North 59° 00' 32" East for a distance of
144.00 feet; Thence, run North 30° 59' 28" West for a
distance of 111.00 feet; Thence, run South 59° 00' 32" West
for a distance of 91.45 feet; Thence, run South 37° 53' 35"
West for a distance of 131.37 feet; Thence, run North 37°
53' 35" East for a distance of 102.58 feet; Thence, run North
52° 06' 25" West for a distance of 374.34 feet, to the point of
beginning for the above described parcel of land. Said
parcel of land lies wholly in Indian River County, Florida.
c. Indian River
Project Owner:
Project Agent:
Project Engineer:
Project Attorney:
County Parcel Number:
Lennar NE Partners Limited Partnership
Lennar Partners, INC., ATTN: Peter Hoelzle
Nations Bank Plaza
600 Peachtree Street, Suite 3500
Atlanta, Georgia 30308
8ussen - Maye, Engineering Group INC.
100 Parnell Street
Merrit Island, Florida 32953
8. Project Description
Narrative of proposed action: Approval of Preliminary
Development Plan for the Sebastian Lakes PUD-R Subdivision.
The proposed preliminary development plan is consistent with the
conceptual development plan which was approved by city council
on January 21, 1998.
Sixty-four (64) condominiums were constructed during the initial
development phase. The proposed preliminary development plan
comprises a mixed use development consisting of 5.462 acres of
commercial land on two parcels and 44.57 acres of residential
subdivided into 97 lots. Approximately 2.84 acres of commercial
area have been developed with the construction of the Walgreens
and First National Bank sites. In addition, approximately .994
acres was recently deeded to the library tract. The proposed and
existing constitutes a density of 2.84 Units/Acre. The site also
contains a county library which was approved for development on
4-26-89.
Current Zoning:
PUD-R
c. Site Characteristics
(2)
Total Acreage:
Current Land Use(s):
54.15 acres
Residential, County Library, First
National Bank and Walgreensl-
Vacant
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
3
Winder
Cleared
Zone A, X
indian River County Utilities
Indian River County Utilities
Barber Street Sportsplex ¼ mile
County Fire % mile
Sebastian Police 2 miles
10,
Preliminary Development Plan criteria
a.
b.
Compliance with subdivision regulations,
Compliance with zoning regulations, yes
(1)
yes
Modified building setbacks.
(a) Privacy: provided
(b) Light and air: provided
(c) Use: provided
(d) Building Configuration: provided
(e) Fire exposure: provided
(2) Required perimeter building setback: provided
(3) Modification in minimum lot size in single-family district.
(a) Design: The typical lot is proposed at 123' X 60'
or 7,380 SF.. This is roughly 2,600 SF smaller than
the typical lot within the Sebastian Highlands. The
flexibility of a PUD allows for a modification in the
minimum lot size within the single-family district.
(b) Use of open space: no modifications
(c) Compliance with other preliminary development
plan requirements: provided
Contents of Preliminary Development Plan:
a. Written material:
(1)
Development schedule: provided - Final Development
Plan Approval for phase I shall be obtained in 18 months,
phase II in 36 months, and phase III in 54 mcnths.
Quantitative data.
(a) Total number of dwelling units by type: 97
4
(3)
(4)
(b) Total parcel size: 54.15 acres
(c) Proposed lot or building site coverage by
buildings and strictures: maximum - 3,500 SF
(d)
Proposed lot or building coverage by impervious
surfaces, other than buildings and structures:
maximum - 560 SF
(e) Gross and net residential density
Gross Density
Net Density
3.61 units/acre
2.84 units/acre
. (f) Proposed amount of open space:
25.69 acres = 51.3%
(g)
Proposed amount of public lands including all
dedicated rights-of-way, easements, and other
lands dedicated for public facilities and services:
Updated Environmental impact statement: provided - An.
environmental evaluation, of the site was conducted with the
initial PUD project, and no environmental issues were raised
at that time. The site has been cleared and filled to suitable
elevations, and there are no known wetlands or endangered
species issues associated with the site. It is noted that a St.
johns River Water Management District (S.J.R.W.M.D.)
MSSW permit has been issued for this site, thereby verifying
that there are no adverse wetlands impacts associated with
the project.
Updated Public facilities impact statement:
(a)
Quantity of wastewater generated; The quantity of
additional wastewater generated is estimated to be
24,250 gallons per day (GPD); based on an average
flow of 250 GPD per unit. This is supposing an
average of 2.5 persons per household.
(b)
Description of proposed recreational facilities;
provided - The proposed recreational facilities within
the project include the existing clubhouse and pool
5
(c)
(d)
(e)
(f)
area, an existing tennis court, and a large lake
system. The pool and deck area are oversized and
the clubhouse contains two (2) stories and
approximately 6,000 SF. All required recreational
facilities are in-place.
Quantity of potable water required; provided - The
quantity of potable water required is estimated
(similar to sewer) to be 24,250 GPD.
Estimated number of school age children
expected within the development; provided - The
developer estimates that approximately 5% of the
units may have children. The developer therefore
estimates approximately 10 to 15 school-age children
would reside in the community, at a maximum.
Estimated property tax and/or sales tax revenue
generated by the project by phase; and
Residential: $100,000/unit x 97 units = $9.7 million
Commercial: 60,000 S.F. @ $100/s.f. = $ 6.0 million
Total Tax Base
$15.7 million
Any other positive or negative public facility
impact. In addition, the statement shall also
include all public facilities impact information that
may be submitted as part of the Development of
Regional Impact (DRI) review process, as
applicable, provided - The developer does not
anticipate any negative public facility impacts
associated with this project.. They believe the project
provides positive impacts to the community and the
public facilities of the City of Sebastian, providing
completion of a previously failed PUD project. This
project will provide for completion of a coordinated
community and provide housing variety currently
unavailable in the City of Sebastian. It is again noted
that this project contains significantly less units than
the originally proposed and approved PUD project.
Additional information: none
b. Graphic element of development plan.
('1) Plat and site plan.
(a)
Proposed name of the PUD, title of map, name of
city, and description of section, township and
range, provided
(b)
Name and address of record owners, applicant,
and person preparing preliminary development
plan. provided
(c)
The locations and names of abutting subdivisions
and the names of owners of record of adjacent
acreage, provided
(d)
Date, north arrow and graphic scale acceptable to
the city engineer, provided
(e)
Legal description and survey of the proposed
PUD boundaries made and certified by a Florida
registered land surveyor, provided
(f)
Proposed lot or building site lines with
dimensions, setbacks, and landscaped yards.
Location and floor area size of all existing and
proposed buildings, structures and other
improvements. Designation of all dwelling unit
types and number of units. Net residential
density calculations. Plans for nonresidential
uses shall include the square footage allocated to
each respective use. provided
(g)
Any desired changes from the underlying zoning
regulations, and the boundaries of underlying
zoning districts. N/A
(h)
Location, name and dimensions of all existing
and proposed dedicated public lands and the
conditions of such dedication, provided
(i)
The width and location of any street or other
public way shown upon the comprehensive plan
within the PUD and the proposed width, location
7
and grade of all streets or other public ways
proposed by the applicant, provided
O)
Location of closest available city water supply
system and proposed preliminary design for
water service improvements, including proposed
level of service, general location of facility
improvements, and schematic drawings as
required by the city engineer. The final
construction drawing shall not be required prior
to preliminary plan approval, but shall be required
prior to commencement of the installation of such
improvements, provided
(k)
Area in square feet of each lot or building site, to
be indicated in a rectangle within each lot or
building site. provided
Typical cross-sections of proposed
sidewalks, canals and ditches and
proposed improvements, provided
streets,
other
(m)
Location of proposed wastewater collection
· system and proposed preliminary design of
wastewater collection improvements, including
proposed location of improvements, level of
service proposed, and schematic drawings'.as
required by the city engineer. Final construction
drawings shall not be required prior to preliminary
development plan approval, but shall be required
prior to commencing the installation of such
facilities, provided
(n)
Location of. proposed improvements for
collecting and discharging surface drainage and
the preliminary design of such facilities, including
the proposed level of service, and schematic
drawings as required by the city engineer. Final
construction drawings shall not be required prior
to preliminary development plan approval, but
shall be submitted prior to commencing the
installation of such facilities, provided
(o)
Location and preliminary design of proposed
(2)
(3)
(p)
(q)
(r)
bridges or culverts which may be required,
including the type of facility and general level of
service as well as schematic drawings as required
by the city engineer. Final construction drawings
shall not be required prior to preliminary
development plan approval, but shall be required
prior to commencing the installation of such
improvements, provided
Proposed locations and preliminary designs for
sidewalks, curbs, storm drainage facilities, water
mains, sanitary sewers, fire hydrants, and flow
facilities, provided
Location and width of proposed permanent utility
easements. The easements shall provide
satisfactory access to existing rights-of-way or
other open space shown upon the tentative PUD
plat. Permanent drainage easements shall also
be shown, provided
Where the tentative PUD plat covers only a part of
contiguous rear property owned by the applicant,
a master phasing plan shall also be required
unless the application certifies that the remaining
real property shall be developed independently of
the proposed PUD plat. N/A
(s)
The proposed treatment of the perimeter of the
PUD plat, including material and techniques used,
such as landscape, fences and walls for
screening and buffering, provided
General appearance.
(a)
Floor plans and square footage of all multifamily
and nonresidential buildings and structures:
provided
(b) Elevations, sections and/or perspectives: not
provided
Dedication or reservations of land for public use:
provided
9
(4) circulation and
11.
(s)
(6)
Vehicular, Pedestrian and bicycle
parking: provided
Open space and landscape plan:
Information concerning adjacent lands.
(a)
(b)
(c)
(d)
(e)
(f)
Existing land use:
Zoning classification:
Circulation system:
Density:
Public facilities:
Unique natural features:
~rovided
~rovided
~rovided
2rovided
~rovided
2rovided
Additional Considerations: Please address the attached letter from
Indian River County concerning open space calculations on the library
tract.
12.
13.
14.
City Engineer's review:
Other Matters: There
outlines all vested rights
infrastructure concurrency.
is an existing Developer's Agreement that
concerning traffic, water, sewer and other
Analysis: Approval of Preliminary Development Plan for the Sebastian
Lakes PUD-R Subdivision. The proposed preliminary development plan is
consistent with the conceptual development plan which was approved by
city council on January 21, 1998.
Sixty-four (64) condominiums were const, ucted during the initial
development phase. The proposed preliminary development plan
comprises a mixed use development consisting of 5.462 acres of
commercial land on two parcels and 44.57 acres of residential subdivided
into 97 lots. Approximately 2.84 acres of commercial area have been
developed with the construction of the Walgreens and First National Bank
sites. In addition, approximately .994 acres was recently deeded to the
library tract. The proposed and existing constitutes a density of 2.84
Units/Acre. The site also contains a county library which was approved
for development on 4-26-89.
10
15.
16.
Conclusion: The submitted plan is consistent with the Land Development
Code, Comprehensive Plan and Code of Ordinances.
The planning and zoning commission has recommended approval of the
Sebastian Lakes PUD-R preliminary development plan.
Recommendation: Staff
preliminary development
following conditions:
recommends the City Council approve the
plan for Sebastian Lakes PUD-R with the
Tracts A1 and B1 shall be landscaped to provide a type A
vegetative buffer between the residential and commercial
land uses. A type A buffer shall be completely opaque from
the ground up to a height of at least six (6) feet, with large
trees utilized as intermittent visual obstructions from the
opaque portion to a mature height of at least twenty (20)
feet.
Final Development Plan Approval for phase I shall be
obtained in 30 months, phase II in 48 months, and phase III
in 66 months.
A sidewalk easement shall be provided and dedicated to
Sebastian Lakes Master Homeowner's Association.
The drainage system for the project will be constructed in
conformance with the approved St. Johns Water
Management District permit; the approved outfall point.for
the project is the existing drainage structure located at the
southwest corner of the property.
The recreation facility (tennis courts) shall be completed
with phase I.
The developer construct ~ sidewalk along the east side of
the entrance drive connecting the internal sidewalks with the
future sidewalk along CR-512.
The applicant provide a landscape buffer along the
perimeter of the property in accordance with the buffering
plan dated 11/24/97 by Witkin & Associates.
PREPARED
11
DATE
SEBASTIAN LAKES
PUD-F
t7
~22 ~
7 ~
RG~ELANO F
17