HomeMy WebLinkAbout02011995 City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
I WORKSHOP MEETING
WEDNESDAY, FEBRUARY 1, 1995- 7:00 P.M.
CITY COUNCIL CHAMBERS
I STREET, SEBASTIAN, FLORIDA
1225
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
I BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY
CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately prior to
deliberation of the item by the City Council if they have signed the sign-up sheet provided prior
to the meeting - limit often minutes per speaker (R-93-19)
Introduction of New Business from the Public shall not be allowed at City Council
Workshops (R-93-19).
1. CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
AGEND~ MODIFICATIONS A.~TIONS AND/OR
Items not on the written agenda may be
upon unanimous consent of the Council
(Resolution No. R-93-19).
ANNOUNC EM_ENTS
WORKSHOP ITEMS
DELETIONS~
added only
members present
95.027
PGS 1-2
A®
Health Insurance Benefit Policy Amendment (City
Manager Transmittal dated 1/26/95)
95.020
95.028/
94.122
PGB 3-1S
95.029/
94.263
PGB 17-21
95. 030
PGS 23-29
95.o31/
94.264
PGB 31-33
Discussion and Give Direction - Sebastian River
High School Utilization of Sebastian Municipal
Golf Course (No Backup)
Review Ordinance Nos. O-95-01 - Tree Protection
and 0-95-02 - Landscaping (Previously 0-94-06 and
0-94-05) (0-95-01, 0-95-02)
Review Ordinance No. 0-9~-03 - Parking in
Resiaential Districts (City Manager Transmittal ·
dated 1/26/95, 0-95-03}
Review Ordinance No. 0-95-06 - Two Versions -
Requirement to Provide rormboard Survey for New
Construction (.See Transmittal Above, 0-95-06 A
and 0-95-06 B)
Review Ordinance No. 0-95-04 - Planning and
Zoning Chair and Vice Chair Terms i
95.032/
94.265
PGB 35-38
G. Review Ordinance No. 0-95-05 - Change Antique and ·
Second Hand Shops in CG to Permitted Use (See
Transmittal Above, 0-95-04)
CITy COUNCIL ~ I
Mrs. Norma Damp
Mr. Robert Fr,,land
Mr. Frank Oberbeck
Mayor Arthur Firtion
Vice-Mayor Carolyn Corum
9.
10.
cz?¥ TTORN ATTE S
~MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WiTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING '(OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
TELEPHONE (07) 589-5330 n FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Health Insurance Benefit ) AGENDA NO. ~ ~.2 7
Policy Amendment )
. ) -
Approval For Submittal By: ) Dept. Origin: City Manager
. )
C,ty Manager ',/~/~/~F ) Date Submitted: 01/26/95
) For Agenda Of: 02/01/95
)
) Exhibits: None
EXPENDITURE AMOUNT APPROPRIATI(~N
REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The City entered into a contract with Blue Cross & Blue Shied (BC/BS) effective October
1, 1994, to provide health insurance to the employees. One of the general conditions for
eligibility requires employee employed at thirty (30) a
the
covered
be
for
least
hours
normal work week. In other words, during a normal forty (40) hour work period, the
employee must be employed to work at least thirty (30) hours. Because this is a contract,
the only method available to effect a change is for City Council to change the policy.
During the recent "bumping" episode generated by golf course employees transferred to
Public Works, there were oppommities for a few employees to tramfer into part time
positions. Also, the possibility existed for other full time employees to transfer into non-full
time positions for a variety of personal reasons. The question of continuing health insurance
coverage when transferring from a full time to something less than full time can only be
answered,by City Council. The reason is that the contract amount for an individual
employee s health insurance premium is for the fiscal year, and exceeds the total amount ~.~._.,
delegated for City Manager approval. ~
The provisions of City Ordinance No. 83-12, provide.the City Manager with the authority
to execute eonmm changes when the total cost is below $2,000. Since the BC/BS contract
for health inmrance coverage is gnam' than the $2,000 limit, City Council action is required
in order to effect any change. I am therefore, requesting City Council to establish a policy
by enacting a resolution that chnnges the thirty (30) hour requirement to twenty-one (21)
hour requirement and add an additional requirement for longevity. In this regard, I would
suggest seven (7) years of continuous service. The following would be the recommended
policy wording.
"it is the policy of the City Council that all permanent full time employees
with seven (7) or more years of continuous service and who accept a
transfer to a permanent position requiring only n minimum of twenty-one
(21) hours for n five (5) day work period in a seven (7) day work week are
eligible to continue participation in the health insurance plan for ~ period
not to exceed six (6) months at the same participating level enjoyed before
the transfer. After six (6) months the employee shall pay one-half (50%)
of the premium cost for six months. At the end of the twelve (12) month
period, the City participation shall be discontinued.
City
time
[full
The key dements are 1) length of service, 2) the new position exists and not
created to accommodate the transfer, and 3) the work period is for the
same five (5) day work period.
As a ~esult of our prOposee utility sale tothe indian River County'14tilines, one full
emplgYee does not want ~to lose employment and would'be willing to acc~t pa
employment prOVided healitl insur ~aa~ce coverage contin~s. This ~m31oyee's~eriod
time employment with the Ci'fYisgreater than fl~ propq~ed seven (7),,year p~6posed p,
RECOMMENDATION
The attached resolution is provided for your approval and request that it be retroactive to
January 1, 1995 in order to accommodate the recent "bumping" transfers.
SEC. 20A- 14.1
SEC. 20A- 14.2
ARTICLE XT~ TREE PROTECTION
Purpose and inten:
The purpose of this article is to establi~ prot~cnion regulations for trees
withi,~ the City in order to better control problems of flooding, soil
conservation, air pollutio~ and noise and to make the City a healthier
and safer pla~e i~ which to live.
The intmt of this article is to encoura~ the protection of the maximu~
nnmbcr of trees md of large spechnm trees. It is further the intent that
this article encourage in particular the protection of native trees of the
City.
Definitions.
The following words and phrases, when used in this article, shall have the meanings
respectively ascribed to them in this section:
City: Shall mean the incorporated City of Sebastian, Indian River County, Florida.
City Manager:. Sh.ll mean the City Maturer or designee authorized to perform one
or more of the duties of the City Manager, pursuant to this article.
Crown: Shall mean all branch pans including all stems, twigs and fohage.
Department: Shall mean the Community Development Department.
Diameter At Breast Height (DBH): Shall mean the standard measurement of the
diameter, in inches, of a single-stemmed tree measured at four and one-half feet (4
1/2') above grade. The DBH of a multi-stemmed tree shall equal the sum total of the
diameter of all stems measured at four and one-half feet (4 1/2') above grade.
Director: Shall mean the Director of Community Development Depanment~ or an
employee authorized by the Director to perform one or more of the duties of the
Director, pursuant to this article.
' I
I
Dripline: Shall me~ an/maginary line along the ground which conform~ to the
perimeter of the crown of · tree as projected verti~ to the grouncL I
~nvironmental Administrator:. Shnll mean the CAty Offi~ appointed by the C_~
Manager to p~rform the duties specifi~ within this Article.
Grubbing: Shall mcan the removal of any ~ of rooted vegetation from land by
diggi~ raking ~ or otherwise dimu~ing the vegetation o~ trees from land.
I
Hazardous Tree: Shall mean a tree th,~t, in the opinion of the Environmental [
A,4mini~-ator. constitutes a hazard tn life or W property as the tree is in ivan~i~ent
danger of fnlling or is considered a h,~,~rd (i.e.. a dead, diseased, broken, split, I
cracked, leanin~ or uprooted trees).
·
Historic Tree: ShslI mean a tree(s) whie. h has beem found to be of notable historic
interest to the City, because of its age, type, size or historic association with the
community and has been so designated by resolution of thc City Council.
Homeowner Packet: Shall mean those documents and informational pamphlets
regarding the protection of trees and are available at the City Building Department for I
homeowners, property owner, contractors and developer.
Land Clearing or Grubbing: Shall mean the removal by any m~ans of any lype of
vegetation or trees from land, but does not include mowing, trimming or priming so
as to maintain vegetation in a healthy, viable condition.
Landscape Earth Berm: Shall mean an earthen mound which is not greater that for
(4) feet in height which is sodded and planted with additional vegetation to meet the
specifications of the required vegetative buffer classification
Landscape Materials: Shall mean vegetation, such as trees, ornamental palms and
native plants, which may be complemented by features including but not limited to,
sod and understory. Mulch, rocks and other similar materials may be used in
conjunction with the planting of approved landscape materials.
Landscaping: Shall mean the preservation or planting of vegetation to enhance the
natural environment, pursuant to the provisions of this Section_
2
Mangrove), I~mmcularia racernosa (White Mangrove) or RhizoohoraMan~lc (Red
Mangrove).
Native Vegetation: Shall mema any and all plant mad tree species that are indigenous
to the City of Sebastian.
Plot/Site PLan: $h~11 mcan a dimcu~cm~ sketch plan showing thc loe~Uion of all
structures, driveways, on*site sewage disposal facilities, waterbodics, existing trees
and vegetative communities identified by genus mad size, proposed landscaping or
other inf~On as required by the City of Sebastian.
Prohibited or Undesirable Exotic Trees: Shall mean the following five tree species,
that if~ on the site ~re consid~.~ to be prolu'bited trees (or undesirable exotic)
and are subject only to a verific~on inspection by the Department prior to removal.
Under no cimansUmees shall any of the named tree species be deh'bcrately inlroduced
into the City and planted on public or private property; mad any such action shall be
deemed a violation of this article and shall be cause for assessment Of penalty mad
O~m~,ges for subsequent removal against said violator: ' ' : ·
B
C.
D.
Ear tree (Emerolobium cyclocarpum);
Chinaberry 0vf¢lia azedarch);
Australian Pine (Casuarina app.);
Punk tree or cajeput ~ree OVielanieuca quinquemervia or Melalenea
leucadendron);
Bra~an pepper (Schinus terebinthifolius)
Protected Tree: Shall mean any nee of four inches D.B.H. or greater, that is not
otherwise exempted herein.
Protective Barrier: Shall mean a physical structure, such as protective bindings,
braces or other similar non-injurious materials which effectively limit access to a
protected area.
Remove or Removal: Shall mean any act which will cause a wee to be damaged,
decline or die within a period of eighteen (18) months, e.g., damage inflicted upon
the root system by heavy machinery, or by changing the natural grade above the root
system or around the tnmk; damage inflicted on the tree, by excessive pruning or the
application of any chemical, which permits infection or pest infestation or causes
poisoning; or damage caused by other direct or indirect actions, including paving with
concrete, asph~t, or other i~perviom material to within two (2) feet of the outside
diameter cfa tree.
The arms "Remove or Removal", when applied to a ~n.ngrove shall meam the a~mml[
removal or cansing the effective removal throu~ ~.m.~g. poisonin~ or other direct
or in//rea a~om resulting/n ck~ or dec]~ ora nmngrove, md shall also me~m the [
removal of any part of a ~ plant through wunin~ ~ cut~g, mowing
or other dim. ct or indirect a~iom resulting in the re~noval of any part of a mangrove
plant, m
Recognized Knowledgeable Person: Shall mea~ an ind/vidua] reco~o~i~¢d by the
City of Sebasfi~ as being knowledgeable in the idenfific~ion and evaluation of
vegel~fi~ resourc~ su~ as a fore~er, biologist, e~ologist, ho~ulmfist, landscape
recogn/zable skills and exper/ence.
Root Pruning: Shn]l mean the cutting of tree roots for the purpose of moving a tree !
or facilitati~ nasrby constm~on or landscaping.
Specimen Tree: Shall mean any tree twenty (20) in.es &b.h or more and shall
inclmte all red and bla~ mangroves ('Khizophora Mangle and Avicennia Nitide) and
exclude palm trees.
Topping: Shall mean the removal of vertical leader stem~ on trees $" DBH or
greater.
Tree: Shall mean any hying self-supporting and erect, standing woody plant having
at least one well-defined stem, is of a species which normally attains a minimum
overall height at maturity of at least eight ($') feet in the Sebastian service area, and
shall include, but not be limited to the region appropriate species listed and on file
with the City Clerk, as adopted by resolution of the City Council and revised as
required, from time to time.
Tree Removal: (See Removal) ,-
Tree Survey: Shall mean a method of identifying by name and size all trees four (4)
inches or greater in D.B.H. existing on each surveyed site.
Undesirable Tree: (See Prohibited and Undesirable Exotic Tree).
SEC.
20A- 14.3 Administration.
The City officia~ appoimed by the City Manager to perform the duties of the
I Euviram~n~ Admmisu'ator shall be responsible for administering the provisions of
this AniSe and shall dire~ ~ and c~x~rol the removal of all trees ~rowi~ now
i or hereaft~ in the City.
SEC. 20A - 14.4 Historic and Spe, cSme~ Trees.
All "hi~oric trees' designated by Resolution of the City Council require a removal
permit approved by the City Council. Historic and spedmen tree (s) desi~n,t,,-d as
hazardous ~ (s) by the En~ental Administrator and require imme~
attention rosy be removed after verific~on and obtaining approval from the City
Manager. A specimen tree shall not be removed until a removal permit has been
issued by the City Manager, or hi~ designee.
SEC.
A.
Be
20A - 14.5 Plot / Site Plan requirements for building permits. · '
This scion shall apply to all new single and two family residential construction and
Article XIII shall apply to other types of ~onslru~ion within thc City limits of
Sebasiian. All persons requesling to disturb property by grubbing, clearing or
otherwise similarly ~ing property wiffgn thc City limits of Sebastian shall make
application W the City Manager through the Department on a form prescribed by the
Environmenlal AdministraWr.
The plot / site plan shall include as a minimum, the following information:
Location of all present and proposed structures, driveways, parking areas and
other planned areas;
(2)
All trees over four (4) inches in diameter measured four and one-half feet
(4 1/2') from the ground, and identified; and
(3) Sec 20A - 14.10 shall apply for all tees to be removed, retained, or relocated
5
SEC. 20A - 14.6 Tree protection prior to development.
The Department ~h-'H provi~ ~ ea~ permit applicant a "homeowners packet" that
includes ~s a rnl,im,~n~ information *nd tech-iques relating to the protection of trees
during land ~o~ for cons-mmicm or consmm~ aztivifies. All xrees desu'oyed
or removed without pexmit appro~ shall be replaced by a species of tree approv~
The cost of replacing trees shall be incurred by the pm'~y responsible for the removal
or destruztiox~
Prior to development or cons~ction, the builder - developer shall erect suitable
protection barriers around all trees to be preserved.
four inches (4) or more. other than protective wires, bra~es or other similar -'
no-i~jurious materials.
It shall be unlawful to remove any material or ground within a five - foot radiUS of
any tree mink or stem having a diameter of four inches (4") or more.
The developer shall not cause or allow the disposal of waste material such as paint,
oil, solvents, asphalt, concrete, mortar or any other material harmfal to the life of a
tree within the drip line of the any tree or groups of trees.
SEC. 20A - 14.7 Exceptions to tree protection requirements.
During the period of any emergency proclaimed by the Governor of the State of
Florida, the City Council of the City of Sebastian or the Mayor of the City of
Sebasta,~ as provided within the Ciw Charter. all requirements of this Article may be
temporarily suspended by the City Manager for the period of time required by private
or City work forces to remove hazardous trees or clear public thorou~hfares.
All properly licensed plant or tree nurseries shall be exempt from the provisions of
this Article only in relation to the trees growing on the premises of the nursery and
so planted or growing for the sale or intended sale to the general public in the
ordinary course of the licensee's business.
SEC. 20A- 14.8 Appeals.
6
I
i Amy appli .cant for a permit aggri~ by a decision of the City Manager, the D/rector
or. the ~'~onm~.l Administrator made pmsuant to this Article may appeal to the
uity Council by filing with the City Clerk The City C]~nk ~1 inform the City
I Council of the appeal aud shall schedule a hearing within foune~ (14) days of
receipt of the appeal,
I SF.,C. 20A - 14.9 Penalty.
i Violatim of any of the provisions of this Article or the conditions ora pmnit issued
h~'?under shall be ..-~. wful~_ and any pm-son violating any of the provisions of this
Article _or the conditions of ~ permit issued hereunder shall, upon conviction, be
I p, mlcllecl as provided in Se~'tion l-lO of thc City Code of Ordinances, and until such
violation is rectified, the site plan approval shall be suspended and all dev¢lopm~mt
work shall cease tmtil the site plan approval is reinstated by the City.
SEC. 20A - 14.10 Tree removal permit requirement
No person, directly or indirectly, shall cut down, destroy, remove',-reloCate or
eff~vely destroy through damaging any tree situated on any real property or clear
any lot or acreage located with the City, without first obtaining a pmmit as provided
withi~ these provisions.
SEC. 20A - 14.11 Exemptions.
The prohibited or undesirable Exotic trees outlined in Section 20A - 14.2, Definitions,
may be removed without a permit after receiving vexification fi'om the Environmental
Administrator.
SEC. 20A - 14.12 Application for a tree removal permit.
Permits for removal, relocation or replacement of individual trees or groups of trees
shall be obtained by completing an application for a p¢l-mit to the Community
Development Department. The application shall be accompanied with a written
statement indicating the reasons for the apphcation and one (l) copy of an accurate
legible plot/site plan drawn to the largest scale practicable to reveal the following:
O)
The location of existing and proposed improvements, ff any, including
structures, paving and utility easements.
7
(:2)The minimtm~ number of trees according to the lot size as designated herein.
(~) Minimum Tr~ Requirem~ns For
L~.t S~ze (Sa. Ft.) ~n. Number of Trees
j d-t-" ~ to 9,999 Five (5)trees
/ lo,ooo to ls~o99 Sev~ (7) ~es
[.~/36,000 or more Nine (9) trees ~
(4) Trees that are atta~ in ordar to ~sfS, the minimum ~ents ~or the
corresponf/ng lot ~e shall be equal to Florida grade number
The minim..?~h?ight of each tree must..~be at least eight £eet (89 and have a
' ~'minjmum ~.e ~nd one-half (1 1/2') ~ Citrus tr~es m~y be used provid~
~none ~s~S than four feet (4') in height md the number shall not exceed
thr~e (3) or comprise more than 2.5%, whichever is gre.~er, of the required
minimum number of trees on the lot.
(~)
All existing trees that meet the following criteria may be applied towards
meeting the minimum number of trees as required .in subsection (3) above.
CREDITS
a. 2' - 5'dbh = I tree
over 5" -10 dbh = 2trees
over 10"-20 dbh = 3trees
over 20" - B0 dbh = 4 trees
over 30" - dbh = 5 trees
b. Palm trees may be utilized on a one for one credit basis.
(6) At least 50% of all new required trees shall be of native species.
SEC. 20A - 4.13 Fees.
A non-refundable permit fee shall be applied to each application, and is deemed necessary
A non-r~undable permit fee sh~ be applied to ~ch apphcation, and is de~ned necessary
for the processing~ in~ect~on, enforcement and administration of this Article.
SEC. 20A .. 1.4.14 C_~'ite~'ia for permit issuance.
The issmmce of a p~rmit for m~e r~mova] as r~quired within this Article shall be based upon
thc following crite~'ia:
(1) Necessity to remove trees which present a hazard or other unsafe =ondition
w people, vehi~dar traffic or thr~amn to cause disruption to public s~rvices
Necessity to r~move trees which present a b~rd to structures;
(3) Ne~-ssity to r~nov¢ ~ or fall~ trees or tr~es w~kened by age, storm,
orfim.
(4) The ~x~nt to which tr~e r~noval is likely to result in 8,,m~e m' the pr0p~ty
of others, public or pr/rate, including 8~mage to lakes, ponds, streams, or
rivers, drainage canals or swales;
($) Any proposed landscaping incJuding plans whereby the applicant has planted
or will plant trees to replace those that are proposed to be cleared;
Topography of the land and the effect oftr~ r~nova] or erosion, soil retention
and the d/version or increased flow of surface water;
(7) Good forestry practices, i.e., the number of healthy ~rces that a given parcel
of land will support;
(8) Necessity to r~tnove trees in order to construct proposed improvements to
allow economic enjoyment of the property, including;
a. need for access around the proposed su-ucture for construction
equipment (maximum often (10) feet);
b. need for access to the building site for construction equipment;
c. essential grade changes;
(9) Zoning.
SEC.
(10) The extent of any damage or hardship which would result w the applicaut
from a dmia] of the requested permit;
(11) The species and size of the ~'~s proposed for r~movaL
20A - 14.15 Applie. alionreview.
The F. uvironm~mta] Admini~or shall review and grant or dray the permit
applir, atiim withi~ tm (10) wofldng days a/~ receipt of an application filed pursuant
to this artizle. If the applir, ation is dmied, the reasom therefor shall be in writing and
atlar, hed to the application. In the eveat tm (10) working days have lapsed and the
Ex~vironmental Administrator has not responded to the application, the application
shall be dcmed to have been granted.
h the event a site plan is required to be submitted, thru the application shall be
submiued simultaneously as pan of the site plan application and the approval period
shall be as required for the site plan review. ..
A cea'dficat~ of ocoupancy shall not be issued without first demonstrating compliance
with the provisions of Sec. 20A - 14.12 (3).
10
ORDINANCE NO. 0-95-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING ARTICLE XIII,
OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, PERTAINING TO LANDSCAPE
REGULATIONS, BY DELETING PORTIONS OF SEC. 20A-
13.2; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sebastian City Council has adopted
Ordinance 0-95-01, pertaining to tree protection within the City of
Sebastian, and being applicable to all real property located within
the City of Sebastian; and
WHEREAS, the provisions of Ordinance 0-95-01 are duplicitive
of the requirements of Article XIII, Sec. 20A-13.2 of the Land
Development Code of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Sebastian, Indian River County, Florida, as follows:
Landscape Requlations Amended. Article XIII,
of the Land Development Code of the City of
of the landscape
SECTION 1.
Sec. 20A-13.2,
Sebastian, pertaining to the applicability
regulations is hereby amended as follows:
"Sec. 20A-13.2. Applicability.
For all new construction other than single-family or two-
family residences, the minimum standards for landscaping set forth
in this article shall be applicable to all storage, parking,
display, sales or accessory vehicular use areas when created or
used in conjunction with new construction,
enlargement requiring updated code compliance."
remodeling or
Sect~0n 2. CONFLICTS. All ordinances or
ordinances in conflict herewith are hereby repealed.
parts of
Section 3. CODIFICATION. It is the intention or,he City
Council or,he City of Sebastian, Indian River County, Florida, and
it is hereby provided ~hat ~/3e provisions of =his ordinance shall
become and be made a part of the Land Development Code of the City
of Sebastian, Florida; t~hat ~he sections of this ordinance may be i
renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Secti~.....~.. SEFERA~ILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this ordinance is invalid or unconstitutional, the remaining
provisions of this 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
unconstitutional provision, thereby
remain in full force and effect.
without said invalid and
causing said remainder to
2
ec~L~D_~. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption. . .
The foregoing ordinance was moved for adoption by Council-
_
member ~. The motion was.seconded by
Mayor Arthur L. Flrtlon ~
Vice-Mayor Carolyn Corum ~
Council Member Norma J. Damp ~
Council Member Robert Freeland ~
Council Hember Frank Oberb~ck ~
The M~yor thereupon declared this ordinance duly passed and
adopted this day of ........ , 1994. . '
~ CITY OF SEBASTIAN, FLORIDA
By: .....
ATTEST: Arthur L. Firt~, Mayo~-
Kath~ M. O"HallO~an, dJM'c/AA~
City Clerk . .
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Veto Beach Press Journal as required
by State Statute, that one public hearing was held on this
ordinance 9t 7:00 p.m. on the d~y of , 199 , and
the following said public heari--~--thls ordinance was passed by the
City Council.
Kathryn M. O'~iloran, ~C/AAE .
City Clerk '
Approved as to form and content:
1
City of Sebastian
122.5 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Proposed Ordinances
Approval For Submittal By:
City Manager (~ L/
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 01/26/95
For Agenda Of: 02/01/95
) Exhibits: O-95-03, O-95-06
I ) 0-95-04 and O-95-05
I EXPENDITURE AMOUNT APPROPRIATION
i REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
S~RY
In order to expedite the passage of proposed ordinances, I have placed before you for
Workshop discussion the following proposed ordinances:
Parking The main purpose of this proposed ordinance is to limit the quantity
of vehicles that can be parked or stored on private property in Sebastian, and
to regulate the location of parking on our street right-of-way.
Formboard Surveys: There are two versions of this proposal. One is to
require a formboard survey rather than a slab survey for building permit
applications, and the second version is to require a formboard survey rather
than a slab survey in situations where a foundation is to be within 12 inches
of any setback line or easement.
Term limits for the Chair and Vice-Chair of the P & Z Commission. This
proposed ordinance (Section l(a) ) designates the City Clerk to appoint a City
employee to serve as secretary to the Planning & Zoning Commission. Does
th/s mean we have a new City Manager?
Permit anti(me shops and second-hand shops in CG zoning districts,
establish .specific criteria.
o-,,-o___,
A/g ORDINANCE O~ T~E CITY COUNCIL OF THE CITY
DISTRICTS AND ON STREET RIGHTS-OF-WAY,
'PROVIDING DEFINITIONS, SETTING PENALTIES FOR
VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT,
PROVIDING FOR SEVERABILITY, PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHE~, the City Council of the City of Sebastian, Florida,
desires to restrict parking in residential districts and on street
rights-of-way of the City; and
WHEREAS, the City Council of the City of Sebastian, Florida~
believes that it is in the best interests of the healt~,'safgty,
and general welfare of the community to so restrict parking.
~;".~N~_N~WTHEREFORE, IT ORDAINED BY THE CITY COUNCIL OF THE CITY
BE
OF'-SEB.~~'~FLORIDA,' TF~T:
Section 1. The Code of Ordinances, City-of Sebastian, is
hereby amended by adding a new section to be numbered and
entitled, "Parking in Residential Districts and on Street Rights-
of-way" which shall read as follows:
Section
Parking in Residential Districts and on Street
Rights-of-way
1. As used in this Section
, the term "Vehicle" means
any recreational vehicle as defined in §20A-5.16 (which definiti6n'
includes travel trailers, campers, boats, and trailers), or any
automobile, motorcycle, truck, trailer, semitrailer, truck tractor
and semitrailer combination, or any other vehicle operated on the
roads of this state, used to transport persons or property, and
propelled by power other than muscular power, but the term does not
include traction engines, road rollers, such vehicles as run only
upon a track, bicycles, or mopeds.
2. No more than four (4) vehicles may be parked or stored on
any improved lot in any residential district. Any vehicle parked
or stored in an enclosed structure and not visible from a public
street shall not be counted toward 'the four (4) vehicle maximum.
3. No more than two (2) vehicles may be parked or stored on
any unimproved lot in any residential district which lot is
conti~uous with an improved lot owned by the same owner.
4. No vehicle may be parked or stored on any unimproved lot
in any residential district which lot is not contiguou~with an
improved lot owned by the same owner.
5. No vehicle may be parked or stored on any lot in a
residential district unless the lot is of at least the minimum area
and width required in the zoning district in which it is located,
or the lot was of record at the time of adoption of Section 20A-
5.4.
6. No vehicle may be parked or stored on any street right-
of-way, except in such areas as designated by the City from time to
time which areas shall be marked by signs.
7. Any violation of this Section shall be a civil
infraction, subject to a maximum civil penalty of ($500.00), or'a-
civil penalty of if the person committing the civil
infraction does not contest the citation.
Section 2. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida, and that the sections of this Ordinance
may be renumbered, relettered, and the word "ordinance" may be
changed to "Section", "Article", or such other word or phrase in
order to accomplish such intention.
Section 3. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered
as eliminated, in no way affecting the validity of the remaining
portions or applications, which shall remain in full force and
effect.
Section 5. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST RFJtDING, THIS DAY OF , 1995. PASSED AND
ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON
SECOND AND FINAL READING, THIS DAY OF , 1995.
CITY OF SEBASTIAN, FLORIDA
By:
Title:
ATTEST:
CITY CLERK
AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF
ORDINANCES TO REQUIRE FORMBOARD SURVEYS,
PROVIDING FOR SEVERABILITY, PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECTIVE- DATE.
WHEREAS, the City Council of ~he City of Sebastian, Florida,
desires to amend Section 26.32 of the Code of Ordinances to require
a formboard survey rather than a slab survey in situations where a
foundation is to be within !2 inches of any setback line or
easement; and
~EREAS, the City Council of the City of Sebastian; Florida,
believes that it is in the best interesus of the health, safety,
and general welfare of the community to so amend Section 26.32.
NOw TMEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, TMAT:
Section 1. The Code of Ordinances, City of Sebastian, is
hereby amended by amending Section 26.32 (6) to read as follows: ·
(6) A survey prepared by and executed by a qualified surveyor
showing all lot lines and easements shall accompany all
applications for building permits on the subject lot or parcel of
land on which the proposed construction is planned. In addition,
unless waived by the building official for good cause on an
individual case basis, if a proposed structure has a foundation
that is planned to come within 12 inches or less of any setback
line or any easement on the lot or parcel of land, the building
official shall re_quire a formboard survey to be submitted to the
building department of the City to ensure that the slab does not
encroach into any required setback area or easement. Such a survey
shall be submitted to the building department before commencement
of any further construction on the structure.
~ It is the intention of the City Council of the
City of Sebastian, Florida, that' the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida, and that the sections of this Ordinance
may be renumbered, relettered, and the word "ordinance~' may be
changed to "Section", "Article", or such other word or phrase in
order to accomplish such intention. "
Section 3. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered
as eliminated, in no way affectin9 the validity of the remaining
portions or applications, which shall remain in full force And
effect.
.Se.~..~.pn..5~. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF 1995. PASSED AND
~O~TED BY THE CITY CO~IL OFT HIS CITY OF S~BASTIAN, FLORIDA, ON
SECC.N-D AND FINAL READING, THIS DAY OF , ~995.
CITY OF SEBASTIAN, FLORIDA
By:
Title:
ATTEST:
CITY. CLERK
ORDINANCE NO. 0-95-06~_~
AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY
OF SEBASTIAN, FLORIDA, AMENDING TME CODE OF
ORDINANCES TO REQUIRE FORMBOARD SURVEYS,
PROVIDING FOR SEVERAB ILITY, PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECTIVE DATE.
W}tEREAS, the City Council of the City of Sebastian, Florida,
desires to amend Section 26.32 of the Code of Ordinances to require
a formboard survey rather than a slab survey for building permit
applications; and
W-HE~, the City Council of the C'ity of Sebastian, Florida,
believes that it is in the best interests of the health, s~feuy,
and general welfare of the community to so amend Section 26.32.
NOW THEREFORE, BE IT ORDAINED BY TME CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, TEAT:
Section 1. The Code of Ordinances, City of Sebastian, is
hereby amended by amending Section 26.32 (6) to read as follows:
(6) A survey prepared by and executed by a qualified surveyor
showing all lot lines and. easements shall accompany ali
applications for building permits on the subject lot or parcel of
land on which the proposed construction is planned. In addition,
unless waived by the building official for good cause on an
individual case basis, the building official shall require a
formboard survey to be submitted to the building department of 5he
City to ensure that the slab does not encroach into any required
setback area or easement. Such a survey shall be submitted to the
building department before commencement of any further construction
on the s~ruc:ure.
Secticn 2J It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida, and that the sections of this Ordinance
may be renumbered, relettered, and the word "ordinance" may be
changed to "Section", "Article", or such other word or phrase in
order to accomplish such intention.
Se~n 3. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to ~he extent of such conflict.
Secti~ If any clause, section, or other part or
application of this Ordinance shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitut~cna! or invalid part or application shall be considered
as eliminated, in no way affecting the validity of the remaining
portions or applicati°ns·i whiCh shall remain in full force and
effect.
Section 5, This Ordinance shall become effective thirty
(30) days after its passage and adoption.·
PASSED BY TEE CITY COUNC2L OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, TEIS DAY OF , 1995. PkSSED A~ND
ADOPTED BY T~E CITY COUNCIL OF T~iS CITY OF SEBASTIAN, FLORIDA, ON
SECOND AND FINAL READING, THiS DAY OF , 1995.
CITY OF SEBASTIAN, FLORIDA
By:
Title:
ATTEST:
CITY CLERK
ORDINANCE NO. 0-95-04
AN ORDINANCE OF ThE CITY COUNCIL OF TME CITY
OF SEBASTIAN, FLORIDA, AMENDING TEE CODE OF
ORDINANCES TO PROVIDE FOR TERM LIMITS FOR TME
CHAIRPERSON AND VI CE- C/{AI RPERSON OF TME
PLANNING AND ZONING COMMISSION, PROVIDING FOR
SEVERAB ILITY, PROVIDING FOR CODIFI CAT_tON,
PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebaszian, Florida,
desires to limit the terms of the Chairperson and Vice-Chairperson
of the Planning and Zoning Commission; and
W-MEREAS, the City Council of the City of Sebastian, Florida,
believes that it is in the best interests of the health., safety,
and general welfare of the community to impose said :erm limits.
NOW TPLEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE· CiTY
OF SEBASTIAN, FLORIDA, THAT:
~cn 1. The Code of Ordinances, City of Sebastian, is
hereby amended by amending Section 20A-11.3.C.3.a. to read as
follows:
a. OFFICERS. The Planning and Zoning Commissicn shall elect
a chairperson and a vice-chairperson from among its members at the
first regular meeting of the Planning and Zoning Commission held at
the beginning of each calendar year. Each such officer shall serve
a term of one year or until his or her successor is appointed. No
member who has served two full terms as chairperson shall be
eligible to again serve as chairperson, and nc me~utber who has
served two full terms as vice-chairperson shall be eligible to
a~aln serve as vice-c~irperson.~/ The Planning and Zonin~
Commission shall follo~ the criteria set forth in Section 20A-
li.B.A.3. The City $~A~shall appoint a city employee to serve as
secretary to the Planning and Zoning Commission and take minutes of
the meetings for the Planning and Zoning Commission. (Ord. No. 0-
93-01, ~ 67, 2-24-93)
Section 2. I~ is the intention of ~he City Council of the
CiTy of Sebastian, Florida, that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida, and that the sections of this Ordinance
may be renumbered, relettered, and the word "ordinance'' may be
changed to "Section", "Article", or such other word or phrase'in
order to accomplish such intention.
Section B.. All other Ordinances or parts of Ordinances,
Resc!utions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered
as eliminated, in no way affecting the validity of the remaining
poruions or applications, which shall remain in full force ~nd
effect.
Sect. ion 5. This Ordinance shall become effective thirty
(301' days after its passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THiS DAY OF , 1995. PASSED AND
ADOPTED BY TPIE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON
SECOND AND FINAL READING, THIS DAY OF , 1995.
CITY OF SEBASTIAN, FLORIDA
By:
Title:
ATTEST:
CITY CLERK
ORDINANCE NO. 0-95-05
AN ORDINANCE OF THE CITY. COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF
ORDINANCES TO PERMIT ANTIQUE SHOPS AND SECOND
HAND SHOPS IN CG ZONING DISTRICTS, PROVIDING
FOR SEVERABIL!TY, PROVIDING FOR CODIFICATION,
PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
desires to amend the Code of Ordinances to allow antique shops and
second hand shops as a permitted use in CG zonin~ districts; and
WHEREAS, the City Council of the City of Sebastian, Florida,
believes that it is in the best interests of the health, safety,
and ~eneral welfare of the community tc so amend the Cod~ of
Ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TEE CITY
OF SEBASTIAN, FLORIDA, T~AT:
Section %~ The Code of Ordinances, City of Sebastian, is
hereby amended by amending Section 20A-2.5.C.13 to read as follows:
13. Flea markets and pawn shops:
Retail sale of ~oods in an establishment which provides
booths, stalls, or other marketing areas to more than one retailer
within the same business establishment, or pawn brokerage services.
Section 2. The Code of Ordinances, City of Sebastian, is
hereby amended by amending Section 20A-6.1.C.18 to read as follows:
18.
shall be
district.
Flea Markets and Pawn Shops:
Applicable zoning districts.
permitted as a condition
Flea markets and pawnshops
use within the CG zoning
b. Conditional use criteria. Flea markets and pawn shops
will be allowed in the CG district provided the following criteria
are met:
!. All sales activity and storage shall be in an
enclosed structure.
2. No structure shall be located within fifty (50) feet
to any lot line abutting a residential district.
3. NO off-street parking or loading area shall be
located closer than fifteen (15) feet to any property line abutting
a residential district.
Section 3. The Code of Ordinances, City of Sebastian, is
hereby amended by amending Section 20A-I.I0.B and C to read as
follows:
B. Permitted uses. In this district, as a permitted use, a
building or premises may be used for only the below stated uses.
All applicable provisions of this code shall be satisfied,
including site plan review and performance criteria.
Permitted uses: Cultural or civic activities, places of
worship, public or private not-for-profit administrative services,
public or private not-for-profit clubs, business and professional
offices, general retail sales and services (including antique shops
and second-hand shops), limited commercial activities, parking
garages, plant nurseries, restaurants (excluding drive-ins), trade
and skilled services, transient quarters, vehicular sales and
related services, retail gasoline sales, medical services and
accessory uses. (Ord. No. 0-93-01, § 32, 2-24-93)
C. CONDITIONAL USES. In this district as a conditional use
a building or premises may be used for only the fctlowin~
conditional uses upon compliance with applicable conditions stated
in article VI and all other applicable provisions of this Code,
including site plan review and performance criteria. The planning
and zoning commission shall ascertain if such conditions and
provisions are satisfied. Appeal of such decisions shall be heard
by the city council.
Conditional uses: Adult entertainment establishments, bars
and lounges, child care facilities, drive-through facilities,
farmer's market, funeral homes, hotels and motels, indo6r-theaters
and other enclosed commercial amusements, flea markets and' pawn
shops, nursing homes (including rest homes or convalescent homes),
public and private utilities, public parks and recreation areas,
public protective and emergency services, restaurants (drive-in),
vehicular service and maintenance, veterinary medical services,
whole-sale trades and services, and accessory uses.
Section 4. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida, and that the sections of this Ordinance
may be renumbered, relettered, and the word "ordinance" may 'be
changed to "Section", "Article", or such other work or phrase in
order to accomplish such intention.
Section 5. All other Ordinances or parts of Ordinances,
Resoluuions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Sectio~ 6. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered
as eliminated, in no way affecting the validity of the remaining
portions or applications, which shall remain in full force and
effect.
~. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, T~IS DAY OF , 1995. PASSED AND
ADOPTED BY THE CITY COuNCIL OF THIS CITY OF SEBASTIAN, FLORIDA] ON
SECOND AND FINAL READING, THIS DAY OF , 1995.
CITY OF SEBASTIAN, FLORIDA
By:
Title:
ATTEST:
CITY CLERK