HomeMy WebLinkAbout11021994 City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, NOVEMBER 2, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
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 providedprior
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
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS ANDJOR DELETIONS)
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
5. PROCLAMATIONS/ANNOUNCEMENTS
94.262
PG i
Proclamation - November 11, 1994 - 76th
Anniversary of Armistice of World War I - Betty
Bock - St. Sebastian Chapter NSDAR - Accepting
94.263/
93.354
PGS 3-9
94.264
PGS 11-13
94.265
PGS 15-19
94.266
PGS 21-23
94.267
PGS 25-27
94.268/
93.268
94.269
PGS 29-53
94.270
PG 55
94.271
PG 57
WORKSHOP iTEMS
Proposed Amendment Re: Storage of Vehicles on
Residential Lots (Director of Community
Development Transmittal dated 9/29/94, DCD Memo
dated 4/27/94, Torpy Letter dated 6/8/94, P & Z
Memo dated 9/6/94)
Planning & Zoning Commission - Term Limits for
Chair and Vice-Chairman (Director of Community
Development Transmittal dated 9/27/94, P & Z Memo
dated 9/19/94, 20A-11.3.C.3.a
Proposed Amendment to CG (Commercial General)
Zoning - Change Antique and Second Hand Retail
Stores to Permitted Use (Director of Community
Development Transmittal dated 9/27/94, P & Z Memo
dated 9/19/94, Section 20A-2.5.C.13 and 20A-
6.1.c.18)
Proposed AARP Agreement (City Manager Transmittal
10/27/94, Agreement)
Proposed Amendment to Code of Ordinances Section
26-32 Re: Surveys (Director of Community
Development Transmittal dated 10/21/94, Proposed
Language)
Establish Policies for Parks and Street Closings
- Requested by Vice Mayor Corum (No Backup)
CITY COUNCIL MATTERS
VicerMavor Carolyn corum (City Manager Memo dated
10/10/94, Vice Mayor Corum Memo dated 10/7/94)~
.Well Head Protection Ordinance/Water Well
.Zone of Influence Land Use Restrictions
(Vice Mayor Corum Transmittal dated 10/27/94
w/ Exhibits)
Riverfront District Design Standards (Vice
Mayor Corum Transmittal dated 10/27/94)
Amend LDC Re: Commercial Land Clearing (Vice
Mayor Corum Transmittal dated 10/27/94, Refer
to LDC - Division III, Pgs 885-955)
2
9.
10.
B. Mrs. Norma Damp
c. Mr. Robert Free~
D. Mr. Frank Oberbeck
E. Mayor Arthur Firtion
CITy ATTORNEy~
CITY 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.
3
PROCLAMATION
WHEREAS, November 11, 1994 commemorates the 7$th
anniversary of the Armistice of World War i, · day of unique
significance in the history of our great nation~ and
WHEREAS, On November 11, 1918 in accordance with the
terms of the cease-fire agreement signed that morning in the
Compiegne forest, hostilities between the A11ies - United
States, Great Britain, and France - and an adversarial
Germany, officially ceased on the eleventh hour of that day;
and
WHEREAS, This international war, which claimed the
lives of over eight and a half million soldiers, including
126,000 A~ericans, called upon the population of the United
States to make extraordinary contributions to support the
efforts of its men and women~ and
WHEREAS, The work of volunteer organizations such as
the National Society Daughters of the A~erican Revolution in
organizing relief efforts for European war refugees, buying
war bonds, donating millions of dollars to war-related
service organizations, providing time, money and materials
for the provision of gifts to American personnel, and sending
volunteers overseas to support relief activities, served as
an example of patriotic, national service; and
WHEREAS, The end of the conflict vindicated American
indignation over the German use of unrestricted submarine
warfare against neutral countries and other overt acts of
hostility against a nation not yet at war, such as the
Zimmerman Telegram and the sinking of the Lusitania; and
WHEREAS, Since that historic day seventy-six years ago
the United States has continued to flourish as a free nation,
ever mindful of the blessings brought about by liberty and
peace, which must be remembered and preserved by future
generations;
NOW THEREFORE, I, Arthur Firtion, by virtue of the
authority vested in me as Mayor of the City of Sebastian,
Florida, do hereby proclaim November 11, 1994 as the 76th
anniversary of the Armistice of World War I, now known as
Veteran's Day, and announce my intention to support the
observation of this event on the eleventh hour of the
eleventh day of the eleventh month by a moment of silence in
all schools, workplaces and homes followed by the ringing of
bells in churches and public buildings as a patriotic and
heart-felt remembrance of all those who served and died for
their country.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the city of Sebastian, Indian River
County, Florida this 2nd day of November, 1994.
ATTEST:
Arthur L. F~ion, Mayo~
City of Sebastian
i 1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: RECOMMENDATION FROM
PLANNING & ZONING COMMISSION
REGARDING STORAGE OF AUTOMOBILES
Approval for Submittal By:
City Manager
) Agenda Number: ~. ~/~. 35~
)
) Dept. Origin: Community Development
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
) 1.
)
) 2.
)
) 3.
09/29/94
11/02/94
Memorandum dated 4/27/94 from Bruce
Cooper
Letter dated 6/8/94 from Richard
Torpy
Memorandum dated 9/6/94 from P & Z
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED-.
SUMMARY .STATEMENT
The Planning and Zoning Commission has been reviewing possible code changes
to restrict the amount of vehicles that are stored on a residential lot.
An outline of the proposed recommendations was sent to Richard Torpy (memo
dated April 27, 1994) for his review and comments. Richard Torpy's letter
dated June 8, 1994 indicates the preferred wording of the proposed text of
the amendment.
Basically, the proposed amendmefit would allow a maximum of three (3) vehicles
to be parked on a non-approved surface. An approved surface consists of
either concrete or asphalt. Where an existing older residence that may not
have a concrete or asphalt driveway, the proposal would allow a maximum of
four (4) vehicles on the property without requiring the owner to pave or
concrete a driveway.
The Planning and Zoning Commission has recommended to the City Council to
amend Section 20A-2.7 to include the language that is outlined in Mr Torpy's
letter dated June 8, 1994, provided .that all vehicles stored within an
enclosed garage are exempted from this ordinance.
Page 2
RECOMMENDED ACTIO~
Move to approve the City Attorney to draft an ordinance regarding the storage
of vehicles on residential lots.
City of Sebastian
1225 MAIN STREET i-1 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
MEMORANDUM
Date: April 27, 1994
To:
From:
Ref:
Richard Torpy
Assistant City Attorney
Bruce Cooper n~.~~
Director of Community Developme
Storage of Automobiles
The Planning and Zoning Commission and staff would like for
you to review the below proposal to limit the amount of
private automobiles in the residential zone.
We believe this proposal complies with your thoughts
regarding this issue and request your comments. A phone call
would be satisfactory.
Amend Section 20A-2.7 of the L.D.C. to add a new paragraph:
The parking of a vehiclef that is not otherwise prohibitedf
in a ~Sid~n~ia~ zoned area---l~s ~rmitt~-~~e~ ~h~
following condition--~ met:
1. A vehicle shall be parked u_pon an approved parking
surface. Fo__~r purposes of this section~ a__n approved
surface shall be either of concrete.or ~. A
permit must be 6bt~ined }-~o~t-~-~li-~inq department
prior to any ne___~w su___rface ~ constructed.
Exq~ptions ,
A. A maximum of three {3). vehicles maZ be parked on a
no~ a_~p_roved surface.
B. A Recreational Vehicle permitted pursuant to Section
20A-5.16 of the L.D.C.
C. A vehicle that is stored within an enclosed ~arage.
D. For an improved residential property that does not
have an a~ surface, the maximum ~ four 've-~cles
w--~d' 5e__'permltte~
Attached is a copy of the needed ,,Whereas" clauses that would
justify this ordinance.
BC/gk
auto.doc
OF COUNBEL
i~RESE, NASH & TORPY, P.A.
930 S. HARBOR 0ITY BI-VD,
SUITE 505
MELBOURNE. I~LORIDA 32901
(407) 98~3300
F~ (407) 051~741
SBOARD C~RTI~ED IN TAXATION
BOARD ~RTI~D IN CI~L TRIAL ~W
June 8, 1994
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re:
Residential Vehicle Restriction ordinance
Our File No. 882489.2442
Dear Bruce:
I have reviewed the proposed language regarding the storage of
vehicles on residential lots, as recommended by your memo dated
April 27, 1994. Accordingly, I have the following recommendations.
First, there needs to be a definition for the term "vehicle", as
well as for the term "approved parking surface". I note that in
the text you are saying an approved parking surface is either
concrete or asphalt. I think the definition should be a little
broader in case it is determined that an alternate approved parking
surface .is okay. Perhaps the language should allow you to have
some discretion as to what the approved parking surface would be.
The opening sentence should read "Parking of vehicles, not
otherwise prohibited by the Code of ordinances or Land Development
Code of the City of Sebastian, in a residential zoned district is
permitted subject to the following conditions:
Unless otherwise permitted by this section, or other
provisions of the City of Sebastian Code of Ordinances or
Land Development Code, all vehicles shall be parked on
approved parking surfaces.
Subsection 1 notwithstanding, a maximum of three (3)
vehicles may be parked on surfaces other than approved
parking surfaces in any residentially zoned district.
Mr. Bruce Cooper
Director of Community Development
June 8, 1994
Page -2-
3. Improved residential property, that does not have any
approved parking surface, may, park a maximum of four (4)
vehicles upon the property notwithstanding subsection 1
of this section.
I have removed subsection B, relating to recreational vehicles
because this section of the Code would only be impacted if someone
wanted to park more than three vehicles, including recreational
vehicles, on unapproved surfaces. In short, this new provision
would not effect the individual who simply has their motor home
parked along side of their house. I don't see any reason to
exclude motor homes from the maximum amount of vehicles that can be
parked on unapproved surfaces. Of course, if the Plannin~ & zoning
Board still wishes to exclude these from this provision, we can put
the provision back in.
With regard to subsection C, I eliminated the provision because
this new Code provision only effects the storage of vehicles on
unapproved parking surfaces. Obviously, a car parked in a garage
.will be upon an approved parking surface and would be unaffected by
this provision. If you had some other reason for including this
provision, please let me know.
The other revisions I have made to'the language are simply an
attempt to make the provisions clearer. If you wish to discuss my
revisions further, please let me know.
I have not attempted to define "vehicle" or ,,approved parking
surfaces". Once you have created the proposed language, please let
me know and I will review it. As soon as we are satisfied with the
language of the ordinance, I will draft the necessary ordinance,
including the whereas provisions, justifying the.public health,
safety and welfare concerns of the City.
If you have any questions, please advise. I will be awaiting your
response to this letter before
RET/lb
cc: Joel Koford, city Manager
I take further action.
Sincerely,
Richard E. Torpy
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
M~MO~ANDUM
DATE:
TO:
FROM:
REFERENCE:
September 6, 1994
Mayor and City Council
Gerry Kubes, Secretary
Planning and Zoning Commission
Proposed Parking Ordinance
At its regular meeting of September 1, 1994, the Planning and
Zoning Commission discussed the proposed parking ordinance.
A motion was made by Mr. Fischer that we send to the City Council
and the Attorney the June 8, 1994 letter from Richard Torpy to
amend Section 20A-2.7 with the changes to Section C, vehicles that
are stored within an enclosed garage or carport. Mr. Shroyer
seconded the motion.
Roll Call:
Mrs. Brantmeyer
Mr. Barnes
Mr. Falke
Mr~ Fischer
Mro Munsart
Mr. Shroyer
Chairman Thompson
Yes
Yes
No
Yes
Yes
Yes
Yes
Motion carried, 6-1.
\gk
proppkor.wp
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: PROPOSED AMENDMENT
REGARDING TERM LIMITS FOR CHAIR-
PERSON AND VICE CHAIRPERSON OF
PLANNING AND ZONING COMMISSION
Approved For Submittal By:
City Manager
) Dept. Origin: Community Development
) (BC)/~.
) Date S~bmitted: 9/27/9~
)
) For Agenda Of: . 11~.92/94
)
) Exhibits: Memo from Planning and
) Zoning Commission Secretary G. Kubes
)
) Section 20A-11.3 C 3a
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At their regular meeting of September 15, 1994, the Planning and Zoning
Commission made the recommendation to City Council to amend the Land
Development Code, Section 20A-11.3(C)3(a) to establish a term limit of two
full one-year terms for the chairperson and vice chairperson.
RECOMMENDED ACTION
Discuss recommendation by Planning and Zoning Commission.
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
M~MO~ANDUM
DATE:
TO:
FROM:
REFERENCE:
September 19, 1994
Mayor & City Council
Gerry Kubes, Secretary ~
Planning & Zoning Commission
Terms of Chairperson & Vice Chairperson
At its regular meeting of September 15, 1994, the Planning and
Zoning Commission discussed changing the code regarding terms of
Chairperson and Vice Chairperson for the Planning and Zoning
Commission.
A motion was made by Mr. Falke that terms of all such officers
shall be for one year. Officers will not be eligible for re-
election more than one time unless one of their previous terms was
for less than one full term. This makes a person eligible to serve
for no more than two full terms, if the commission so desires.
Mr. Shroyer seconded this motion.
Roll Call:
Mr. Munsart
Mr. Shroyer
Chairman Thompson
Mr. Goldstein
Mr. Falke
Mr. Fischer
Mr. Schulke
Yes
Yes
Yes
No
Yes
No
No
Motion carried, 4-3 vote.
\gk
pzoff.wp
LEGAL BASIS AND GENERAL PROVISIONS § 20A,11.3.
Rules ofprocedur~ The planning and zoning commission
shall establish and adopt rules of procedUre subject to ap-
proval by the city council, which include policies for, but
not limited to, election and duties 'of officerS; meeting sched-
ule, time, and place; establishing order- of business and
method of transaction; procedure for action and voting by
members; conduct of public hearings; rules of conduct; par-
liamentary procedure; maintenance of records; and method
of amending same:
a. Officers. The plaoning and zoning commission shall
elect a chairperson and a vice-chairperson from among
its members at the first regular meeting of the plan-
ning 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 ap-
pointed. The planning and zoning commission shall
follow the criteria set forth in section 20A-11.3.A.3.
The city clerk shall appoint a city employee to serve as
secretary to the planning and zoning commiRsion and
take rnlnute~ of the meetln~ of the planning and zoning
commiRsion. (Ord. No. 0-93-01, § 67, 2-24-93)
b. Meetings. The commission shall meet at regular in-
tervals to be determined by it and at such other times
as the chairman or commission may determine. It shall
adopt rules for the transaction of its business and keep
a properly indexed record of its resolutions, transac-
tions, findings and determinations. Such record shall
be a public record. All meetings of the commission
shall be public.
c. Administration of business affairs. The commission
may, subject to the approval of the city council and
within the financial limitations set by city council
appropriations or by other available funds approved
by the city council, employ such experts, technicians
and staff as may be deemed proper and pay their sala-
ries, contractual charges and fees, and such other ex-
penses as are necessary to conduct the work of the
commission.
d. Procedures for localplanning agency. Rules of the plan-
ning and zoning commission shall apply to the plan-
Supp. No. 15
760.1
City of Sebastian
1~)25 MAIN STREET [3 SEBASTIAN, FLORIDA ;32958
TELEPHONE (407) 589-5330 I:::] FAX (407) 589-5570
SUBJECT: PROPOSED AMENDMENT TO
CG ZONING DISTRICT
Approved For Submittal By:
City Manager
) Agenda Number:
)
) Dept. Origin: Community Development
) '
) Date Submitted: .9/27/94
)
) For Agenda Of: ...... 11/02/94
)
) Exhibits:
) 1. Memo from Planning and Zoning
) Zoning Commission Secretary G.
) Kubes
) 2. Section 20A-2.5(C)13
) 3. Section 20A-6.1(C)18
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED-.
SUMMARY STATEMENT
The Planning and Zoning Commission received a request to amend the CG
zoning district to change antiques and secondhand retail stores from a
conditional use permit to a permitted use. Currently, the Land
Development Code (Section 20A-2.5(C)13) defines antique stores, retail of
secondhand goods, pawn shops and flea markets as the same category, which
requires the Planning and Zoning Commission to approve a conditional use
permit if the applicant has complied with the criteria set forth in
Section 20A-6.1(C)18 of the Land Development Code.
Staff and the Planning and Zoning Commission recommends that antique and
secondhand retail stores within an enclosed structure should be a
permitted use. This would be consistant with any other general retail
activity. Pawn shops and flea markets should remain as a conditional use
permit.
RECOMMENDED ACTION
Discuss recommendation by Planning and Zoning Commission.
!
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958 ~11
TELEPHONE (407) 589-5330 [] FAX (407) $89-$570
DATE:
TO:
FROM:
REFERENCE:
September 19, 1994
Mayor & City Council
Gerry Kubes, Secretary ~/C_
Planning and Zoning Commission
Proposed Amendment For The CG Zoning District
At its regular meeting of September 15, 1994, the Planning and
Zoning Commission held a discussion on amending the CG Zoning
District.
A motion was made by Mr. Fischer to recommend to City Council to
amend the code to provide antique stores/secondhand goods within an
enclosed structure to be a permitted use and leave pawn shops and
flea markets as a conditional use in CG Zoning District. Mr. Falke
seconded the motion.
Roll Call:
Mr. Shroyer
Chairman Thompson
Mr. Goldstein
Mr. Falke
Mr. Fischer
Mr. Schulke
Mr. Munsart
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion carried, 7-0 vote.
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cgzoning.wp
LEGAL BASIS AND GENERAl, PROVISIONS .~ 20A-2.5.
12. Medical services. The provisions o£ therapeutic, preventive
or other corrective personal treatment services by physi-
cians, dentists and other licensed medical practitioners, as
well as the provision of medical testing and analysis ser-
vices. These services are provided to patients who are ad-
mitted for examination and treatment by a physician and
with no overnight lodging.
13. Merchandising of secondhand goods (fica m. arkets). Retail
sale of a variety of secondhand goods included antiques,
pawn brokerage services, used furniture, and other sec-
ondhand goods within an enclosed building.
14. Parking garages. Governmental or private commercial
building or structure solely for the off-street parking or
storage of operable motor vehicles. Where parking garages
are permitted within a specific zoning district, the lack of a
building or structure shall not prohibit utilization of the lot
for the off street parking or storage of operable motor ye-
hicles, it will be the responsibility of the owner of the lot to
ensure that all abandoned or non-operable vehicles are re-
moved from the lot within five (5) days of when any such
vehicle is discovered or should have been discovered by the
owner through the exercise of reasonable diligence. (Ord.
No. 0~93-01, § 1, 2-24-93)
15. Plant nurseries and landscape services. Cultivation and
sale of flowers, shrubs, trees and plants at wholesale, re-
taft or both, as well as provision of related consultative
services.
16. Restaurants (excluding drive-ins and fast food service). Any
establishment (which is not a drive-in serkice establish-
ment) where the principal business is the sale of food to the
customer in a ready-to-consume state and receives more
than fifty (50) percent of its gross revenues from food sales,
determined on a monthly basis. The design and principal
method of operation shall include one (1) or more of the
following:
(a) Customers, normally provided with an individual
menu, are served generally in nondisposable containers
Supp. No. 15 65
§ 20A.6.1.
17.
18.
SEBASTIAN LAND DEVELOPMENT CODE
Supp. No. 15 410
Marine commercial activities:
a. Applicabl~' am(nc districts. The following commercial
activities shall be permitted conditional uses within
the MCR zoning district:
(1) Rcstrictc~l convenience goods and marine accessories.
Restaurants and lounges, excluding drive-in and
fast food facilities.
(3) Commercial wet storage and boat rental.
(4) Commercial dry storage.
(5) Business and professional offices.
(6) Marine fuel sales.
(7) Waterfront related community facilities, includ-
ing sanitary pumpout facilities.
(8) Yacht clubs.
(9) Other similar uses.
.b. Conditional use criteria The above stated uses will be
allowed provided the following conditions are met.
(1) Restricted convenience goods and marine accesso-
ries shall be restricted to the sale of limited items
necessary and supportive to the captive marine
waterfront uses served by the applicant. This use
shall be accessory to the principal waterfront re-
sort oriented use and shall he located within a
totally enclosed building.
(2) The waterfront resort commercial uses shall not
include any major repair of watercraft or marine
accessories.
(3) Screening: All side and rear yards abutting resi-
dential districts or uses shall be screened in ac-
cordance with the standards established in sec-
tion 20A-10.2(F) of this ordinance.
Merchandising of secondhand goods (including flea markets):
a. Applicable zoning districts. Merchandising of second-
hand goods (including flea markets) shall be permitted
as a conditional use within the following zoning dis-
trict: CG.
b. Conditional use criteria. Merchandising of secondhand
goods (including flea markets) will be allowed in the
CG district provided the following criteria are met:
LEGAL BASIS AND GENERAL PROVISIONS § 20A-6.1.
19.
(1) All sales activity and storage shall be in an en.
closed 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 1o-
cated closer than fifteen (15) feet to any property
line abutting a residential district.
Model homes:
a. Applicable zoning districts. Model homes shall be per-
mitted as a conditional use within the following zon-
ing districts: RE-40, RS-20, RS-15, RS-10, RM-8, RM-
12, RMH, COR, and MCR. No site plan shall be re-
quired within the following zoning districts: RE-40,
RS-20, RS-15 or RS-10.
b. Conditional use criteria. Model homes will be allowed
providing the following conditions are met:
(1) Model homes shall be regulated through the issu-
ance of a model home permit. The permit shall be
issued for a period not to exceed one year. The
pl~mning and zoning commission may renew said
permit upon application, provided that the model
home has been constructed and operated in accor-
dance with this code.
(2) Reserved.
(3) A permit holder may not use the model home as
his or her principal place of business. The model
home shall be used for display purposes only, and
not as a contractor's office, real estate office, or
annex thereof. However, price quotations may be
given and binders may be executed on the premises.
(4) The model home shall meet all district require-
ments for lot and yard dimensions.
(5) No office furniture or office equipment is permit-
ted in the model; and no construction materials or
construction equipment may be stored in the model,
on the site, or on adjoining sites.
(6) Business activity may be conducted at the model
home only between the hours of 9:00 a.m. and
6:00 p.m., seven (7) days per week; and not more
Supp. No. 15
410.1
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
(407) 589-5330 [] FAX (407) 589-5570
TELEPHONE
AGENDA TRANSMITTAL
SUBJECT: AARP Services
Agreement
Approval For Submittal By:
City Manager
AGENDA NO.
Dept. Origin: CM
Joel L. Koford
Date Submitted: 10/28/94
For Agenda Of: 11/02/94
Exhibits: Agreement for Services to
Seniors
EXPENDITURE AMOUNT APPROPRIATION
i REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A
SUMMARY
The American Association of Retired People (AARP) provides a community service on
behalf of the City of Sebastian. This service would normally be provided by our Recreation
Department. The current AARP services do not represent all possible activities for our
residents in the "over 50 years of age" group. Since we do not have the staff capability to
schedule and provide various activities for the older residents, a simple contractual
arrangement with the AARP and any other similar organization that sponsors activities
normally provided by a governmental unit is beneficial. This type of arrangement can be
expanded or restricted to specific subjects. In the event the City develops the capability of
providing this type of activities through staff coordination and scheduling, the service
contracts can be eliminated.
RECOMMENDATION
Staff recommends City Council consider this type of community service option.
10-19-94 04'57PM FROM POTTER, MOOLELLAND
P02
City of Sebastian ("City") and Local Chapter 3234, American
Association of Retired People (,,AARP"), in consideration of thc
mutual promises contained herein, agree as follows:
1. AARP will provide the following services to City
r~midents over the age of 50; at no charge to City.
a) Community Mealth Programs
b) Visiting Nurses Programs
c) Safety Programs
Community Service Programs for Medicare, Medicaid,
Supplemental Health Insurance, Inves:ing, wills,
Probate and etc, , , ~' ' .
Other programs and activities as required from time
to tim~ by ~he City of Sebastian for the over 50
years of age residents.'
2. City will provide the use of =he Sebastian Community
Center, at no charge to AARP) ~'~ww(~ ~ ~'~ ~~-
3. AARP will indemnify and hold harmless the City, its
agents, officers, and employees from and against all claims arising
out of the performance by AARP of the aforementioned services,
regardless of whether caused in part by =he negligence of the City,
i~s agents, officers or employees. AARP will obtain liability
insurance in the amount of $100,000 per person and $300,000 per
incident and furnish the city a copy of such policy.
4. AARP will be responsible for all necessary cleaning and
repairs made necessary by its use of the Community Centar.
1
10-19-94 04:57PM FROM POTTER, MOCLELLAND
5. This A~reement may be terminated by either party at any
time, upon 30 days written notice.
CITY OF SEBASTIAN
AARP
BY: BY;
State of Florida
County of Brevard
Before me the undersigned authority personally appeared
of the City of Sebastian who is
personally known to me or who produced
as identification and who acknowledged that he si~ed~ the~ab°V~
document and did not take an oath.
~otary Public
State of Florida
State of Florida
County of Brevard
Before me the undersigned authority personally appeared
of AARP who is personally known to me or
who produc~ ............. aa identification and who
acknowledged that he signed't~e'above document'and did not take an
oath.
Notary PubIac
State, of Florida
City of ,Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 13 FAX (407) 589-5570
SUBJECT: PROPOSE AMENDMENT TO
SECTION 26-32 OF THE CODE OF
ORDINANCES REGARDING SURVEYS
Approval for Submittal By:
City Manager ~~~
) Agenda .umber: ~-~--~7
)
) Dept. Origin: Community Develoom~,,nt
)
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
)
)
)
)
10/,21/94
1~/02/94
(BC
Proposed language for Amendment
to Section 26-32.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
~,~Y STATEMENT
Currently, Section 26-32 (6) of the Code of Ordinances requires a survey
of the building slab to be submitted to the building department to
insure that the slab does not encroach into the required setback area.
This slab survey is required when the proposed location of the house is
within twelve (12) inches of a setback or easement line.
At a recent Board of Adjustment meeting, staff and City Council agreed
that this should be changed to require a formboard survey instead of the
slab survey. This would require the contractor to have the formboard in
the proper location prior to the pouring of concrete.
RECOMMENDED.ACTION
Move to direct the City Attorney to draft an ordinance to amend Section
26-32 (6).
Sec 26.32. Local requ£rements.
Notwithstanding anything that might appear or be construed to
the contrary in the Standard Building Code adopted by the city by
section 26-31, the following requirements shall apply to all
construction except mobile homes and travel trailers:
Ail buildings, including residences, shall meet all
requirements which classify and tax such structures
as real estate.
(2)
Ail buildings with elevated grades shall have the
same grade, or higher, beneath the structure as the
grade outside of the structure to avoid any cavity
or void under the structure except a conventional
basement, if provided.
(3)
If piers or columns are used, then all buildings
utilizing piers or columns shall meet all
requirements regarding footings, foundations, and
ratproofing as specified in the Standard Building
Code.
(4)
An equal' amount of load must be supported by a
perimeter stem wall with footings or a perimeter
footing that uniformly supports all exterior loads.
Every building shall have such a perimeter stem
wall with footings or a perimete~ footing, which
shall be a foundation wall as defined in chapter 1
of the Standard Building Code.
(5)
Ail tiedown systems shall be permanently attached
to the foundation by anchoring devices to resist
all loads in the Standard Building Code, including
resistance to ground movement, potential shearing,
overturning, and uplift loads caused by wind, etc.
No imbedded screw-type earth anchor shall be used
to anchor any building except a mobile home or
house trailer.
(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 require a =l=b 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 ~ ~~A--~--..--~A-- ..... ~ ~ .... ~A
City of Sebastian
MEMORANDUM
DATE: October 10, 1994 .
TO: Kathryn M. O'Hailoran, City Clerk
FROM: Joel L. Koford, City Manager (~//F_~
SUBJECT: Request from Councilwoman Corum
Please place 1994.
cc: Mayor & City Council
Richard Votapka, Utilities Director
Brace Cooper, Director Community Development
/sg
DATE:
TO:
.FROM:
City of Sebastian
1225 MAIN STREET [:] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
M E M O R A N D U'M
SUBJECT:
October 7, 1994
Joel L. Koford,
City Manager
Carolyn Corum,
Council Member
Workshop Agenda Items
Would you place the items below on our Workshop as agenda items.
* Well head protection ordinance/water well cone of influence land
use restrictions.
* Architectural standards for riverfront district.
* Council be last to approve site plans.
I'm requesting the November 2nd Workshop.
Thank you.
CC: js
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA FORM
SUBJECT:
1) Wellhead Protection Ordinance
Request
2) Request schematic of wellhead
zone of influence
APPROVED FOR SUBMITTAL BY:
City Manager: ~
Agenda No.
Dept. Origin
Date Submitted
Coru~
10/27/94
For Agenda Of 11/02/94
Exhibits: See Attached
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
It was brought to my attention (by means of a public meeting by
SJRWMD) that the City of Sebastian does not have a wellhead protection
ordinance.
After consulting the Sebastian Comp Plan, I found reference to our
potable water well fields.
Sebastian should adopt a wellhead protection ordinance before we are
required to do so.
RECOMMENDED ACTION
1) Review exhibits, then direct the city Manager to start work on a
wellhead protection ordinance
and
2) Direct the City Manager to order schematic of well field zone of
influence.
EXHIBITS
1) Comprehensive Plan Goal, Objective & Policy
Goal 1
Objective 1-3.2
Policy 1-3.2.2 E
Policy 1-3.2.5 C
Goal 6-1
Objective 6-1.2
Policy 6-1.2.9
2) Environment & Development
3) Guide to Local Groundwater Protection in Florida
Volume ii - definitions
4) Guide to Local Groundwater Protection in Florida
Volume III
Two sample ordinances
of committed developments together with the projected increment of demand placed on each
infrastructure component. This concurrency management tracking system shall provide a balance
sheet noting current supplies capacity available to service future development and redevelopment.
OBJECTIVE 1-3.2: MANAGE AND COORDINAT.E...F_UTURELAND USE DECISIONS.
By September 1990, the City of Sebastian shall adopt a~e~dec[ la~d development regulations,
~including performance standards which ensure that land development activities, resource
conservation, and infrastructure issues are managed in a manner that includes timely coordination
with County, regional, and State agencies having jurisdictional authority. Management of land
and physical improvements identified on the Future Land Use Map will be regulated
I_ nds identified in the land use e!~ment ~nalysi~f vacant landd~ in order to prote~t-~fi"dT~
Iconserve namrm systems, ~ncJua~ng topograpny, son conomomwvegetation, natural habitat,
Ipota_ble water wellfield,~,_and other environmentally sensitive land and water resources. Land use
J la ls6
be predicatecron availability of man-made infrastructure and service svstems required
support respective land use activities.
Policy 1-3.2.1: Future Land Use Map and Related Policies. The Future Land Use Map
and related policies identified in section I-2 "Future Land Use Map," provide definitions of land
use designations and qualitative standards which shall be applied in allocating future land uses.
Policy 1-3.2.2: Land Development Regulations. The City's existing land development code
governing zoning; subdivision; signage; landscaping and tree protection; and surface water
management shall be revised as needed in order to: 1) effectively regulate future land use
activities and natural resources identified on the Future Land Use Map; 2) adequately protect
property rights; and 3) implement the goals, objectives, and policies stipulated in the Compre-
hensive Plan. The land development regulations shall continue to be applied to:
a. Regulate the subdivision of land;
b. Regulate the use of land and water consistent with this Element, ensure the compatibility
of adjacent land uses, and provide for open space;
c. Protect the environmentally sensitive lands designated in the Comprehensive Plan,
especially wetlands which shall be identified based on presence of hydric soils including
but not limited to: Chobee loamy fine sand, Pineda fine sand, FlorJdana sand, Malabar
fine sand. Myakka fine sand depressional, Holopaw fine sand, Pompano fine sand, and
Riviera fine sand. In addition, wetlands may be identified by wetland vegetative species
as presented in Rule 17-4.022, FAC, or as may hereafter be amended.
d. Regulate areas subject to seasonal and periodic flooding and provide for drainage and
stormwater management:
,,,Protect _po.table water wellfields _a.n...d...aquifer rech~arg_e areas;'
Regulate sienaee: ///
Ensure safe and convenient on-site and off-site traffic flow and vehicle parking needs an~..
prohibit development within future rights-of-way to be identified in the programmed
engineered transportation study.
Provide that development .orders and permits shall not be issued which result in a
reduction of levels of services for impacted public facilities below the levels of service
standards which shall be adopted by the City Council.
Policy 1-3.2.3: ~Star~dards for Residential Density. Existing land development regulations
shall be applied for purposes of implementing this Comprehensive Plan. Residential
development standards shall be based on and be consistent with the following standards for
residential densities as indicated below and as elaborated in §1-2, Policies 1-2.1.1 through 1-2.1.6,
herein:
Residential Developmhnts
.... .G.ross Density
'a.
Low Density Residential (LDR)
Mobile Home Development (MH)
Medium Density Residential (MDR)
up to 5 units/acre
up to 5 units/acre
up to 8 units/acre
d. High Density Residential (HDR)
up to 12 units/acre
Policy 1-3.2.4: Non-Residential Development Standards. Land development regulations
addressing the location and extent of non-residential land uses shall continue to be enforced in
a manner with the Future Land Use Map and the policies and descriptions of types, sizes, and
intensities of land uses contained in this Element.
Policy 1-3.2.5: Performance Standards. The following performance standards
incorporated in the land development code shall be u..~pdat~d~and~e~fine~d as needed to reflect best
management principles and practices. Plan review funCtiOns-~haTl-be carried out by the
Department of Community Development and the City Engineer, using as needed other
professionals with demonstrated expertise in the issue under review.
a. Provide criteria for protecting wetlands;
bo
Establish open space requirements;
Provide criteria for protection of potable water wellfields, including a map of the Genera][
Development Utility wellfield cone of influence. The ma_p shall also_ be incor_p~orated iii[
t. he Comprehensive Plan by September 1990. ~ ....
Provide criteria for drainage and stormwater management;
Inc.orporate criteria for requiring off-street parking and managing internal traffic
circulation as well as access to and egress from the street system;
.
CHAPTER 6: CONSERVATION ELEMENT
(reference §9J-5.013(2), F.A.C.)
§6.1 CONSERVATION GO~..A~..~...OBJECTIVES, AND IMPLEMENTAT[QN POLICIES. This
section stipulates goals, objectives, and implementing policies for the Conservation Element
to ¶163.3177(6)(d), F.S., and §9J-5.013(2), F.A.C.
pursuant
ofa AL 6-1: CONSERVATION. VI-IE COASTA COMMUNm' or SEBASTma SHALL
ICONSERV~, PROTECt, MD APPROPRIAVeL¥ ~AGE THE crrvs
NATURAL!
OBJE~I~ ~1.1: PRO~ AIR QUerY. By September 1990 the Ci~ shall adopt
amended land development regulations including peffomance ~tandards which ensure that
development meets or exceeds the minimum air quali~ standards by
established
the
Flohda
Department of En~ronmental Regulations (DER) and ~hall establish regulato~ pro,ams to
prevent and/or minimize non-po~t sources of air pollution (note: the Ci~ has no point sources
of air pollution).
Poli~ 6-1.1.1: Combat Erosion and Generation of Dust Particles. Land development
regulations shall incorporate performance standards which combat erosion and generation of
fugitive.Just l~articles. The regulations shalllrequire that measures be taken on building sites or
cleared areas winch assure that exposed, uestabilized, or other altered soil is expeditiously
covered with an acceptable erosion control matenm.
Policy 6-1.1.2: Air Pollution and Land Use Regulations. The City's adopted land
development regulations, including adopted soil erosion and sedimentation controls as well as
nuisance abatement standards shall continue to protect against loss of air quality by maintaining
land use controls which promote only activities compatible with existing land uses and natural
systems and prohibit activities which generate air pollutants and other adverse impacts on the
environmentally fragile coastal ecosystem.
~DBJECTIVE 6-1.2: WATER..Q.UA~.!TY AND QU~ITY~: By September 1990 the City shall
"auup~ amennea lano uevmopmem regumrlOm WhiCh mmum that new development shall be
serviced with an adequate supply of potable water which meets State standards. Land
development regulations shall include administrative procedures and a site plan review process
which mandate technical review of public facility plans during site plan review. The procedures
shall also mandate coordination among the developer, the City and other public or private
entities supplying potable water or having jurisdictional authority regarding potable water service
delivery systems. The City shall not approve a development order unless the public agency
having jurisdiction over potable water systems has had an opportunity to participate in the review
of the potable water service system.
By Sept[mber 1990 the City shall amend its land development regulations and include
p~rformance criteria designed to conserve and protect the quality of current and projected future
percent of all trees used in landscaping shall be native species adapted to soil and climatic
conditions existing on-site in order to lessen water demand.
Policy,, ,6-1.2.8: Emergency Conse~tion of Water Sources. Thc City shall coordinate with
the St. Johns River Water Management District (SJRWMD) in implementing emergency water
conservation measures based on the SJRWMD plans for management of the region's water
resources.
polic'v~,~l.2.9: Manaeine Land Use Surrounding. Water Well Cones of Influence. By
September 1990 the City shall adopt amended land development regulations which contain
performance criteria designed to prote~t potable water supply and quality by restricting land
development within water well cones of influence in order to avoid potential adverse impacts on
potable water resources. The C. omprehensive Plan shall be amended in order to identify the
cone of influence for public wellfields. The data for this task was not available for including in
this March, 1990 edition of the Plan.
Poli~ 6-1.2.10: Protec.t and Cons~.e Lakes and,~.F~.stuarine A~'e~.a..s... In order to prote~.
lakes and estuarine areas, such as Schumann Lake, the Indian River Lagoon, and the Sebastian
River, the City's land development regulations shall include performance criteria designed to
regulate against land development activities which adversely impact water quality, contribute to
shoreline erosion and sedimentation, or otherwise threaten the long term existence of lakes and
estuarine areas. The intent of the regulatory measures shall be to conserve the lakes and
estuarine areas and protect these coastal resources from detrimental impacts of development.
OBJECTIVE 6-1.3: MAINTENANCE OF FLOO. DPLAIN. By September 1990 the City shall
adopt amended land development regulations which include performance criteria designed to
protect the natural functions of the 100-year floodplain in order to protect and maintain its flood-
carrying and flood storage capacity.
Policy 6-1.3:.~.: Enforce P..olicies to Maintain Floodpla. i.n.. The City shall continue to
enforce its surface water management and flood damage prevention regulations, §20A-10.2(H),
Land Development Code of the City of Sebastian (as currently exists and as may hereinafter be
amended). New development encroaching into the floodplain shall incorporate flood protection
measures sufficient to protect against the 100-year flood. The City's Stormwater Management
and Flood Protection Ordinance shall maintain consistency with program policies of the Federal
Insurance Administration. The City shall monitor new cost effective programs for minimizing
flood damage. Such programs may include modification to construction setback requirements
or other site design techniques, as well as upgraded building and construction techniques.
Policy 6-1.3.2: Purchase of Floodplain. The City shall identify and recommend to the
State and the St. Johns River Water Management District purchase of floodplains that would
comply with program guidelines established under the Conservation and Recreation Lands
//~CARL) Program or the Save Our Rivers (SOR) Program.
~BJEC~.IVE 6-1.4: PRQTECT AND P. RESERVE WETLANDS. By September 1990 the City
~,~/~hall adopt amended iand deveiopm~nt regulations which include performance criteria designed
to protect and preserve wetlands from physical and hydrologic alterations.
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i ~ ~ ~ ~ ~ ~ ~1, ~ ~ tl a~ ~ ~ ~ ~ ~, ~1, ~l, ~ ~ ~ ,~ ~1, ~ ~ ii,~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~
A Primer in Aquifer and sand, silt or clay, rubble zones between lava flows, lava tubes, or
Wellhead Protection
By./on Witten
Here's the problem:
There are more than 10,000 documented groundwater
contamination cases nationwide. They occur in every state
as well as many Native American reservations and U.S.
territories.
[] Removing contaminants from groundwater is so expensive
that it is often cheaper to try to develop a new water supply
(if possible) than to clean up one that is contaminated.
[] According to the 1990 census, there are approximately
20 million more Americans than there were l0 years
ago. but the quantity of groundwater available for
consumption (approximately 15 quadrillion gallons)
remains the same.
This is the challenge of groundwater protection--to ensure
an adequate supply of clean drinking water for an ever-
expanding population.
Despite the multitude of programs designed to protect
groundwater at the federal and state levels of government.
it is local governments that actually protect the resource.
Land planning and regulation, the most successful
techniques of resource protection, occur almost exclusively
at the local level. While federal and state regulations may
help guide local decisions, with few exceptions, the fate of'
the nation's groundwater supplies rests with local
government.
Definitions
An underlying premise
of this article is that
planners and government
officials need a basic under-
standing of groundwater
science before they embark
on a groundwater protec-
tion program Ibc their
community. A review of
a few definitions should
establish a go-d intro-
duction to groundwater
science, mapping, ,md
inanagemenr.
Porosity. ( ;rouudwater
is tile water that tills
~aturatcs} thc open spaco
between grains or' grave],
fractures in rock. The open spaces in rock are called pores, and
the porosity, ora rock is a measure of the open space that might
contain water.
Aquifers. A rock that can yield usable quantities of water
is called an aquifer. Rocks that allow groundwater to flow
freely are called permeable, and those that severely retard the
flow of groundwater are called impermeable or poorly
permeable.
Confined and Unconfined. In sOme locations, the structure
of the rok:k traps groundwater below layers of poorly permeable
rock. In such cases, the overlying rock caps the water in the
aquifer under pressure. This groundwater is said to be confined
by the overlying poorly permeable rock. When a well is drilled
-.K 20 meters ......... ~
~ o~iomtte
Water table map showing
direction of groundu,ater flow~
.......
:,,~¢?,o,~ / .. 70 ' '"
~ ~50..
Types of openi,gs in selected water-bearing rock.
through the poorly permeable rock into the confined aquifer
where the water is under artesian pressure, the water will rise up
in the well to a level above that at which it enters the well. The
level to which artesian groundwater rises is called a pressure
surface. Aqui~i:rs that are not confined but are under water table
conditions arc called unconfined.
Groundwater Movement. The water table's top elevation can
be measured inside wells. Water levels in wells are measured
relative to a surveyed measuring point at the top of thc well
casing. These elevations can be evaluated to produce a water
table map that will show thc slope of thc water table and.
thcrctbrc, thc dirccti~m ofgr.undwater th,~¥. Thc water table
map i~ a series ,~fconmurs of equal clcvad,m that look yep.'
much like a land topographic map. C;~ound,,',.¢~ tlo~'~ p:rpen- (,
dicular to ibc water [able contours and moves ~o areas o( lower
water ~,tblc eievati,ms,
, ,ml~em~eable
· · water tm~e
m
· m
thc aquifer can be described as primary recharge areas. In
these areas, contaminants can move dj'racily downward to m
the underlying aquifer with little or no dil~tion. Depending
on the depth to the water table and the overh'ing geologic
characteristics, travel time from the land's surface to the
aquifer can be rapid.
Less permeable deposits located upgradient from the aquifer
comprise a secondary recharge area. These areas contribute
recharge to the aquifer through both overland runoff and m
groundwater flow. Because th~ are less permeable and are
typically farther from the aquifer, they may be better able to
dilute contaminants.
A tertiary recharge area may also be mapped where an m
adjacent stream may contribute to the aquifer through induced
infiltration. The effect will be enhanced when wells are located
near the stream causing induced infiltration. While infiltrating
streams can providelarge quantities of water to an aquifer, they m
also provide a pathway to the well For bacterial and viral '
contamination.
· Where aquifers are confined, the aquifer protection area may m
)~m~,ma~e be limited to the outcrop of the aquifer unit and its immediate
contributing area. This area may be geographically isolated
Example of induced infiltration, from the location of water supply wells within the aquifer. An
example of this is the Edwards Aquifer in Texas. where the m
Induced Infiltration. Pumping from a nearby well Can force aquifer recharge area is located at the outcrop of the Edwards
water from a stream into adjacent groundwater sources. This Formation. well beyond the Austin and San Antonio metropoli-
process of drawing water away from the surface is known as tan areas that rely on its water.
induced infiltration, m
Groundwater and Wellhead Protection Areas
An important first step toward protecting groundwater is the
delineation of land areas that contribute water to the aquifer '"",., ' '~~ I
wellfield through runoffand/or recharge. Without this informa- '
tion, it is difficult to protect critical groundwater resources ""'5'" m
effectively. The water comes from both natural and artificial ',, ~-.~.~..~, ~' ., "- ~,~,~,~ ' --
_ .......... ._
sources. Natural sources include direct recharge from overlying ~, ::7::75:~' ........... ::'-- ......
lands, infiltration from streams and lakes, and runoff from '~'~'"'~ ..... ---:5 ........
higher watershed areas. Artificial sources include sewage ~ ~ ...........
discharges and road runoff, which may enter the natural I
contributing areas. Schematic cross section illustrating unconfined
An important distinction needs to made between aquifer and ~ and confined aqui~brs.
wellhead protection areas (W]-IPAs). Aquifer protection focuses on Wellhead Protection Areas. Accordin~ to the 1986 Safe
the entire resource (both existing and potential water supply &vel- Drinking Water Amendments, WHPAs~..~re defined as "the m
opment areas). WHPAs are subsets of the a uifer where round- surfice and subsurfhce area surrounding a ~vater well or wcllfield.
~,ater flows to a pumping welL.Wellhead protection has tradition-
ally focused on existing water supply areas and in some instances
has included future, planned wellfields. By delineating WHPAs,
portions of aquifer areas can be prioritize,4 for protection.
Aquifer Protection Areas. The protection of aquifers requires an
understanding of the extent of the aquifer and the land overlying
and/or at higher elevations from which the aquifer derives its
water. The delineation of aquifer protection area boundaries is
independent of the effects of pumping wells and is more directly
related to geologic ~atures and natural hydrologic flow partern~.
In the case of unconfined aquifers 'associated with river
basins, aquifer protection areas may extend to the limits of
the river's watershed. Permeable djposirs directly overlying
~./o, Wtrte, ~s/,restdent o./Ho,:,ley C~ Wi, ten. l,c.
o, /., ,,,, ,,4,,,,c,
x~ memher at Tu/~ ~,'m'ver~it~, ' - '
supplying a public water system, through which contaminants
are reasonably likely to move toward and reach such water well or
wellfield." The put~p_ing of wells within an aquifer artificially
induces chan--~(}uch ~i'drawdown and-cones of depression) in
the natural groundwater system. WHPAs are those areas that
contribute water (and potential contaminants) to the pumping
wells. In this sense, these protection areas are a subset of the
natural system (fbr example, the aquiferl.
The U.S. EPA's Office of Ground Water and l)rJnking
Water and a number of states have devised several methods to
delineate WHPAs. They include arbitrary fixed radius, calcu-
lated fixed radius, simpiified variable sha~es, analytical method.
numerical method, and hydrogeologic mapping.
The preceding methods produce somewhat different
WHPAs. They can be combined ro prodt, cca tiered \VHPA.
with each tier having different levels ,)t' pr<,tccri,)n ~r
regulation. An overlay appr(:ach in which \VH l~...x,~, :irc
determined by ~evcraJ methods may N._' uxcd ~,) rank ,uccel-
sive zones by degree of threat. For example, an analytically
delineated U-shaped zone of contribution may be subdivided
by time-of-travel to the pumping well, where the area within
a five-year travel zone is considered a greater threat than an
area w'ithin a 10-year travel zone.
The techniques noted above range in sophistication, cost.
and, perhaps equally importankdcfenfibili .ty. For example, it is
questionable whether the arbitraF fixed rii:lius approach
(simply drawing an arbitrary circle around the well, such as a
radius of 400 feet) will survive a court challenge if the land uses
Example of well effects on groundwater.
within the delineated
area are subject to
strict controls. The
challenge is unlikely
to focus on whether
the community has
the right to establish
the protection zone,
but rather on
protfftion zone wa~
determined While the
community may
easily defend its
reason for establishing
the zone (protection
of public health), it
will fac_e gre~atcr
difficulty defending
an admittedly
'arbitrary'formula.
The point he?e is
that, while a range of
techniques exists for
delineating protec-
tion areas, the choice of the technique to be used depends to
a large degree on the anticipated breadth of protection tools.
If the community is willing to embark on an aggressive
management program, it should invest in a delineation
approach that will sustain possible court and expert witness
challenge.
Local Examples
Testimonv to the popularity of groundwater protection may be
best illustrated by the long list of successful case studies. Two
recently completed studies, representing very differcnt geologic
and social settings, are worth presenting. Dutchess County,
New York, and Molokai, Hawaii, differ significantly, yet both
illustrate the relative ease of moving forward with a defensible
groundwater management program.
The Dutchess County Water and Wastewater Authority
recently developed a watershed management plan for the
counrv's vast water resources. The project included identi .lying
major aquifer .types, aquifer, wellhead, and surface water
protection areas, and the preparation of digitized maps fbr
160 public drinking water supplies. For 20 case study areas, the
county conducted detailed land-use and buitdout analyses to
determine future development potential and associated water
demands and water quail .fy threats. This analysis also included
evaluation of safe yields tbr the year 2035 for 11 stream basins
in the counrv.
The results w~re compiled into a comprehensive document
that is being used to adopt a range of regulato .fy and
nonregulatory gr6undwater protection techniques. For more
information, contact Scott Chase, Executive Director, Durchess
County Water and Wastewater Authority, 27 High Street,
Poughkeepsie, NY 12601: 914-485-9686.
The island of Molokai, Hawaii, initiated a comprehensive
groundwater and wellhead protection program ro protect the
island's fragile and limited groundwater resources. Twelve wells
on Molokai were selected as examples for application of
wellhead protection techniques. Selection of the approach best
suited to provide groundwater quality protection for these
sources depended on officials' understanding of the
hydrogeologic conditions, the hydrogeologic information
available, and the potential for control of contaminants.
Following 'q/liPA delineation, Molokai residents and county
and state officials reviewed numerous management measures that
were available and feasible for the island. These ranged from
adopting zoning overlay districts to impact fees for development
within delineated areas. In addition to regulatory measures, a
multicolor public education poster was distributed to residents
as part of the study. It provided information on the island's
groundwater environment, threats to water quality, and indi-
vidual and institutional techniques for preserving the resource.
For more information, contact Christopher Summers,
Environmental Analyst, Environmental Planning Office,
Hawaii Department of Health, 500 Ala Moana Blvd.,
Honolulu, HI 96813; 808-586-4342.
._.._._:,
Aquifer ~pes on the ~knd of Mo~kai.
Resou~es for ~cal Gove~ment
3,d co~ age~cles wkh mpo,sibi~i~
mo~ces (~nlvmidcs. APA. and Federal ~¢~cies s~ch as fie
Soll Co~s¢~do~ ~e~ice), ~he U.S. ~PA's OFfice o[Gro~d
~er ~d Drbkb~ ~c~ (O~D~ rece~dy c~mple~d
~hr~e projecrs ~h~ should ~ direCfl~¢levan~ ~o local
~oY~rnmenrs. Fku. OG~D~ &~doped ~ comprehensive
wdl~¢~d pro[ecdo~ ~r~inin~ kk~ complc~ wkh t 80 slides
Grid lec[~re no~es. Tr~i, ;~ Tr~i,~r~ k desi~¢d For usC by
~one desifi,~ ~o ~r~i~ !oc~overn~.~LrCS.i_dCms ~nd
officials o~ ~h¢ clematis oFwdlhc~d pro~ecdon. ~he p~ck~
inclu&s lectures on ~opics r3n~in~ ~rom ddbe~don
m~Fmem ~o contingency pl3~nb
Second. OG~D~ colkc~ed more ~han D0 ordbances,
re~ubdo~s. ~nd bvbws ~rom local ~o~crnmen~s ~cross
coun[~ ~h~ ~bcus on wdlh~d ~nd ~roundw~[er
Zh¢ ordinances v~ry in compbxky ~nd ~r¢ organized by
A &~Gil~d m~rix ~ccomp~mes ~h¢ Compendium dW~Hhe~d
Pro~ecdon Read,dons. t~mn~ ~he user s¢~rch For ~n ~ppropri-
ate regulation by geologic setting, by community, size, and bv
contaminant threat.
Finally, OGWDW recently printed Case Studies in Wellhead
Protection: Ten Examples of innovative Wellhead Protection
Programs. The document highlights 10 interesting and disparate
programs from throughout the country, including large and
small communities, Native American lands, and
multijurisdictional settings.
All three documents are available by contacting one of the
10 U.S. EPA regional offices across the country.
Moving Forward: A Few Reminders
Don't lose sight of your ultimate goal, the protection of the
community's groundwater resource. To be successful, you will
need the cooperation of a broad range of individuals and
organizations.
Be reasonable in your management approach. Don't propose
more regulation than is necessary and be sure your management
recommendations are supported_by_hard_scien~c_e, not opinions.
Finally, while you don't want more regulation than is needed,
.don't shy awry from all the regulation you need. Remember, it
is far less expensive to protect your groundwater resource today
than it is to clean. Pr replace it tomorrow.
The new law is supported not onlv bv business and industrial
leaders, but also by members of the e'nvi'ronmental communi~.
Gov. James Florio, who received national attention when he led
the fight for Superfund in Congress, backed the revisions. Like-
minded environmental advocates say ECRA was inflexible to
the point of putting a damper not only on real estate transac-
tions, but also on environmental cleanup.
But Daniel J. Weiss, director of the Sierra Club's Environ-
mental Quality. Program, disagrees. Concerned about the
possible precedent, Weiss argues that, while the new law
maintains the one-in-a-million standard for cancer fatalities, it
does not address other risks of exposure such as birth defects or
genetic changes.
The New Jersey. Business and Indust~ Association applauds
the new rules, but the business communiry's support is not
unanimous. Some complain that it retains onerous procedures for
cleanup and is unclear about what must be done and when it must
be completed. The New Jersey Department of Environmental
Protection says that the measure may require further fine-tuning.
Dan Biver
Legal Notes
Planning for Disaster
New Jersey Amends Florida has added new language to its comprehensive planning
Cleanup Law
After a decade of loss of industrial jobs attributed to stiff
environmental regulation, New Jersey late last year revised its
landmark industrial cleanup law. When enacted in 1984, the
Environmental Cleanup and Responsibility Act (ECRA) 5et a
national precedent by requiring that polluted industrial and
commercial properties be cleaned up before they could be sold
or transferred. Critics claim that ECRA cost 200,000 jobs by
slowing estate transactions while doing little to effect environ-
mental cleanup.
The new law, called the Industrial Site Recovery Act, aims to
facilitate cleanup of contaminated properties by differentiating
between parcels intended for residential and nonresidential use.
Laws in some other states have already accounted for future use
by allowing less stringent cleanup of land intended for such uses
as parking lots or shopping malls.
£.virvnme~r ~ ~lop~ent is a monthly fl~si~tt~r publish~ by thc Ameri~fl Phflfliflg
~ianon. Subscriptions ate available for S50 (U.S.} and $~ (~fCt~fl), Michael B.
Barkcr. ~utive Director: Frank S. So. Depu~ Executive Director: Willim ~ ~ein.
Director o~ Re~arch ~nd Educauon.
~n~tmnment ~ D~lopm~t is r~arch~, wrkten, and ~it~ by APA's Remrch
Department in Chicago: Jim Schwab. Editor: Michael B~rrertc, Dan Biver. Sarah Bohien.
Fay Doinick, Mi~elJe Grego~, Alis~ Hammer, Samay Jeer, Ma~a Motrin Reporters.
Pr~uction, including copy editing, layout, and dcssgn, is provided by APA's Publications
Department in ChicCo: Cvmhi~ Ch~ki. ~sistznt Editor: Lisa Barton. Design and
Pr~uctlon.
Copyright ~19q4 by American Planning A~s~iation. 1313 E. 60th St., Chicago. IL
{~)~37. The American Planning ,~iation has headquarters of~ce~ at 1776 Massachu-
scm Ave.. NW.. Washington, DC 20036,
All rights rescued. No part of this publication m~v be repr~uced or utilized in any form
..r by any means, electronic or m~h*nic~l, including photocopying, recording, ot by any
inl~rmarlon storage and retrieval s~tem, wKhout permission In wrKi~ fro~ the
American Planning .Ms~ia~ion,
d on recycled paper, indudin¢ ~0--0% recycled fiber ~
% pop,consumer waste. ' '
legislation that provides planning grants to local governments
not noW required to prepare coastal management elements.
The grants encourage such local governments to adopt "hazard
mitigation/post-disaster redevelopment plans" regarding long-
term "redevelopment, infrastructure, densities, nonconforming
uses, and future land-use patterns."
Not Protected After All
For apparently the first time, a federal judge has overturned a
U.S. Fish and Wildlife Service (FWS) listing of an endangered
species. The FWS initially listed the Bruneau Hot Springs
snail in 1985, but a December 14 ruling in Idaho Farm'Bureau
Federation v. Babbitt found that the agency's actions were
"arbitrary, capricious, an abuse of discretion, and otherwise not
in accordance with [federal] law." The judge took issue not with
the scientific findings, but with the procedures and failure to
provide notice and allow public review.
New Bay Standards
Last December 15, the U.S. Environmental Protection Agency.
proposed new water quail .fy standards to protect the 5an Fran-
cisco Bay and Delta Estuary. The move is designed to restore
500,000 acre-feet of natural water flow to the bay and will take
effect after a 90-day public comment period. The new standards.
however, are being criticized by Calil'brnia officials, including
Gov. Pete Wilson and Sen. Diane Feinstein, as too strict.
Saving the Central Park Reservoir
Sometimes the best thing to do is... nothing at all. Such seems
to have been the decision of New York Cirv officials in the
closing days of the Dinkins administration with regard to the
Central Park Reservoir. which environmentalists feared might
be paved over and developed. Although the 106-acre reservoir
will soon close as a water supply for the cin'. it will remain as a
source of scenery' for humans and habitat (or water£owl.
weli has on groundwater flow in The area, and inctude the zone of influence and the zone of
contribution. These areas are sensitive, because contaminants introduced into Them have a
greater likelihood of being drawn into the well. The zone of influence [ZOi), also known as The
cone of depression, is The area encompassing that part of an aquifer where the water Table (for
unconfined aquifers) or potentiometric surface (for confined aquifers) is drawn down or infiuenceC
by The pumping well. (Figure 4). Theoretically, the outermost limit of such a zone could be set at
The point at which the well's effect on the groundwater table was barely felt, however many
similar approaches designate the boundaries of s.ucb, a zone on the basis of for instance, The one-
foot drawdown, where the water table is depressed one foot by the pumping well.
The zone of contribuO'on {ZOC) or capture zone, is the area surrounding a well which
encompasses all areas or features that actually supply groundwater recharge to The well. IT
includes all I~arts of an aquifer from which groundwater will eventually reach a pumping well, from
The upgradient groundwater divide or null point to The downgradient line beyond which the well
cannot overcome gravity to pull the water back. The concept is different than That of The ZOI,
since in certain circumstances, the zones will include different areas. When a well is located in an
area with a fiat water table or potentiomeTric surface, both The ZOC and 701 will be essentially
the sauna, and use of either approach will serve to effectively delineate those areas which could
contribute tO the well. (Figure 4)
In areas where there is a slope to the water table or potenTiometric surface, with
groundwater flowing downgradient, as well as being affected by the pumping well, The Two zones
do not coincide, and will not provide equivalent levels of protection. In sloping water Tables, The
ZOI approach does not designate as protection zones areas upgra~enT of the well which are
within the capture zone, but which are not yet within the ZOl;- These include upgradienT areas
from which groundwater will eventually flow into the ZOI of the well. (See Figure 5) -in This
Situation, The Z01 approach will fail to designate some areas as protection zones which do have
The potential To affect the well. Additionally, at a certain point downgradienT of the well, Though
the water table is depressed by the pumping well (within The ZOi), the effect of gravity on The
sloping water Table pulls groundwater out of the capture zone. In this situation, a ZOi approach
will designate some areas as protection zones which have no potential te affect that well, thus for
wellhead protection purposes, wasting local government resources by focusing on areas That will
nOT contribute to The well. (Figure 5) Carefully considered aquifer proteo~on programs may,
however, require protection of areas downgradienT of wells, it should be noted that in most areas
there is some degree of slope to the water table or potenTiomeTric surface.
Analytical methods can delineate these types of protection zones through use of equations
to define groundwater flow and contaminant transport. Such methods as uniform flow equations
are often used to define the zone of contribution to a pumping well in a sloping water Table.a?
(Figure 6) Analytical methods require consideration of various hydrogeologic parameters in
calculating distance to the downgradien! divide, or the stagnation point, and the width Of the zone
of contribution to a well. Required parameters include the transmissivity, porosity, hydraulic
gradient, hydraulic conductivity, and saturated thickness,of aa aquifer. For sloping water Tables,
the uniform flow model can be used to calculate the ZOC, but generally will not calculate
drawdown, which determines the Z01. For flat water tables, the method will calculate both Z0C
and Z01, since the two coincide.
~ I..q[. at 4-14.
G,.-,: Jc -fo
"'"m'-
66
MANATEE COUNTY LAND DEVELOPMENT CODE
Sec. 720
Groundwater/Wellhead Protection
SECTION 720: GROUNDWATER/WELLHEAD PROTECTION
720.1
PURPOSE. The purpose of groundwater protection standards is to safeguard the
health, safety, and welfare of the citizens of the County. This is accomplished
through ensuring the protection of the principal source of water for domestic,
availability of adequate and dependable supplies of good water is of primary
importance' to the future of Manatee County, Therefore, standards are described
in this section with the intent of protecting both the quantity and quality of the
groundwater supply. It is further the intent of this section to control development
in and adjacent to designated wellheads to protect water supplies from potential
. contamination.
720.2
Standards
720.2.1 All applications for development approval must specify whether major
groundwater wells {those with permitted capacity of 100,000 GPD or
greater) will be required to service the development. When major wells are
to be required, the project applicant shall demonstrate that:
720.2.1.1 there will be no significant adverse impact on minimum
.. groundwater levels, and
720.2.t.2
there will be no significant adverse impact from saltwater intrusion,
and
720.2.1.3
720.2.2
720.2.3
720.2.4
requirements of this Code will have no adverse impact on existing
land uses in the vicinity.
Wherever adverse groundwater withdrawal impacts have been identified
through water quality monitoring activities, all development approvals for
activities which require the use of groundwater wells shall be coordinated
with the Southwest Florida Water Management District and the Manatee
County Pollution Control Unit.
All site plans which accompany applications for development approval shall
depict the location of all active and inactive wells. Where there are
existing inactive wells, the development approvals shall be conditioned
upon the submission of a management plan which provides for the proper
abandonment of existing unused wells, in conformance with requirements
of Manatee County Health Department and the Southwest Florida Water
Management District.
Within areas of the County designated in the Comprehensive Plan as
primary or secondary recharge areas or as wellhead locations, all proposed
development shall prepare and submit with Groundwater/Wellhead Impact
report. The purpose of this report is to provide evidence of the probable
impact of the proposed development on the groundwater supply and
recharge potential of the area and existing or designated wellhead
A - 202
locations. The repor~ shall meet the following requirements:
720.2.4.1
The area within two hundred fift~/ (250) feet of an existing or
designated wellhead shall be a zone of exclusion; where no ney.,
development shall be permitted.
720.2.4.2
Within a designated zone of secondary exclusion, extending two
thousand (2,000) feet from a designated wellhead, the following
shall be prohibited:.
720.2.4.2.1 Landfills.
720.2.4.2.2
Facilities for the bulk storage, handling or processing of
materials on the Florida Substance List (Chapter 422, Fi0riGa
Statutes).
720.2.4.2.3
720.2.4.2.4
720.2:4.2.5
Activities which require the storage, use, handling,
production,, or transportation of restricted substance;
agricultural chemical, Petroleum products, hazardous/toxic
wastes, .industrial chemicals, medical wastes, etc. Wellheac
emergency generator reCluirements are exempted, but
require the highest level of engineering standards covering
petroleum product storage and delivery.
Feediots or other concentrated animal facilities.
Wastewater treatment plants, percolation ponds, and similar
facilities.
720,2.4.3
Stormwater management practices shall not include drainage wells
and. sinkholes for stormwater disposal where recharge is into
potable water aquifers. Where develoDmen! is proposed in areas
with existing wells, these wells shall be abandoned, including
adequate sealing and plugging according to Chapter 17-28, F.A.C.
The impact report shall clearly indicate that the proposed
stormwater disposal methods meet these requirements.
720.2.5
A wellhead protectiOn area is hereby established around major wellheads as
defined in section 201 of this Code. This area is based upon the
calc.dlated S-year travel time distance. Uses listed below may be allowed
in this area, subject to receipt of.major conditional use approval from the
Board.:
720.2.5.1 Sanitary Landfills;
720.2.5.2
720.2.5.3
720.2.5.4
Wastewater Treatment Facilities;
Commercial or industrial uses of materials covered under Chapter
442, F.S. (Florida Substance List) and Chapter 38F-41, F.A.C.,
unless served by approved wastewater treatment facilities;
Junkyard or salvage operations;
A - 203
720.2.5.5
720.2.5.6
720.2.5.7
720.2.5.8
Mines;
Facilities for bulk storage, handling or processing of materials on the
Florida Substance List;
Transportation facilities including railroads, arterial 'and collector
roads, and pipelines, which may be used to transport hazardous
wastes, pollutants or contaminants;
Excavation of waterways or drainage facilities which intersect the
water table. - ·
A - 204
TEMPLE TERRACE-CODE
Land Development
{ 199O)
SECTIQ~ ~-5.730 WELLFIELD PROTECTION.
SECTION :~5~730,1 ~
The purpose of this Section is to protect wellfields through the establishment of land use and
development regulations and standards consistent with the need to provide for appropriate
balance and growth in the maintenance and development of the community.
It is intended that this Section be considered to present minimum standards and be interpreted
strictly to ensure protection of the public health, safety, and welfare of the inhabitants of the City
of Temple Terrace. It is further intended, however, that this Section shall not be applied so
strictly as to deny the reasonable and beneficial use of land by property owners within the
community.
~EcTION 25.7~3~ .q~ DEFINITIONS,
Hazardous substance - Any hazardous or toxic substance (including degradation and interaction
products) which, because of quality, concentration, or physical, chemical (including ignitability,
corrosivity, reactiveness, and toxicity), and/or infectious characteristics, radioactiviw,
m0tagenicity, carcinogenicity, teratogenicity, bioaccumulative effect, persistence (non-
degradability) in nature, or any other characteristic relevant to a particular material that may cause
significant harm to human health or the environment (including surface' ancr groundwater, plants,
or animals.)
Regulated hazardous substance or reoulated substanc, -.Any hazardous substance found in
quantities greater than the following:
(1)
The aggregate sum of all quantities of any one hazardous substance on a single
parcel (if stored out of doors) or in a single building (if stored indoors) exceeds one
hundred and ten (110) gallons if the substance is a liquid, or one thousand one
hundred (1,100) pounds if the substance is a solid; OR
(2)
When no single substance exceeds the above referenced limits but the aggregate
of all hazardous substances present on a single parcel or in a single building
exceeds one hundred and ten {110) gallons if the substance is a liquid, or one
thousand one hundred (1,100) pounds if the substance is a solid.
Sinkhole - An area of subsidence caused by subsurface geological conditions and which results in
increased opportunity for migration of surface .water and ground water from the surficial aquifer to
lower aquifers, and as shown on a map entitled "Wellfield Protection Zone Map" adopted pursuant
to Section 25.730.4.
~ - An area containing one or more wells used, whether on a continuous, intermittent, or
occasional basis, for public water supply, and including any area designated for future
development of such wells by the City Council.
_~ellfield protection zone * An area surrounding a wellfield, based on measurement of a prescribec~
distance from the individual well locations within the wellfield, and as shown on a map entitled
A - 410
'Wellfield Protection Zone Map' adopted pursuant to Section 25.730.4.
~C~ECTION 900.71 {~)~3 APPLICABILITY AND EXCEPTION,~
(a)
Effective upon the date set forth herein, no person shall construct, aban~lon. ~
plug any well or undertake any development or operate a use or activity regutet~
by this ordinance within a wellfield protection zone in the City except as provue~
herein.
(b)
This Section shall not be constructed to prohibi! any activity by the City or oth~
unit of government, undertaken by that unit' or on its behalf and uncler its
direction, which activity is undertaken to address an immediate threat to the Du~31~
health and safety or to protect and maintain operation of public services anti
facilities in the face of an immediate threat to the continued operation of such
facilities. Where the responsible administrative official of the relevant unit of
government determines that emergency action is necessary and such emergency
action is taken, that official shall, subsequent to taking such action, apply for an
operating permit pursuant to the provisions of Section 25.730.$, and shall
undertake such further action or mitigation as may be directed.
(c)
Where a public agency proposes to undertake uses or activities which would
otherwise be prohibited by this Section and where no emergency action is
involved, but where the general health, safety, and welfare of the public will be
benefited by the action taken, and where no reasonable alternative is available, the
City Council may grant a limited waiver of the provisions of this Section, subjec~ to
the issuance of an operating permit as provided in Section 25.730.8.
(d)
Where a property owner can show that the intent and purpose of this Section can
be accomplished and the standards of this Section can be accomplished through
the application of technology, but which would otherwise be in conflict with the
· specific regulations of this Section, the Director may permit use of such alternative
technology in lieu of the restrictions herein, subject to the issuance of an operating
permit as provided in Section 25,730.8.
SECTI'0N 2.5.730.4 WELLFiELD PRO*TECTION ZONE MAP.
(a)
The Wellfield Protection Zone Map is hereby adopted and made a pa~ of this
Section. The pu~ose of the map shall be to depict all areas affected by the
provisions of Section 25.730.5. It is the intent of this Section that the initial
Wellfield Protection Zone Map. shall identify the following areas for application of
this Section:
(1)
all.land located within one thousand ('1,000) feet of the active wells
located within the Whiteway wellfield;
(2)
(3)
all lands located within one thousand {1,000) feet of the active wells
located within the 0Id City Hall wellfield; and
all land located within one thousand (i,000) feet of an active sinkhole.
Where there appears to be a discrepancy between these criteria and the actual
areas designated on the Wellfield Protection Zone Map, the areas designated on
the map shall prevail.
(b)
(c)
(d)
(e)
The official map shall be maintained by the Director of Community Development,
and the Director may make copies of all or portions of the map available for
distribution to the public. For convenience of use, the map may be made a part of
the Zoning Map of the City of Temple Terrace, Florida.
The Director shall be responsible for the interpretation of the boundaries shown on
the Wellfieid Protection Zone Map. in interpreting these boundaries, the following
rules shall apply:
(1) Properties located wholly within the wellfield protection zone shall be
governed by the restrictions set out in Section 25.730.5.
(2) Where a portion of a property is located within the wellfield protection
zone, the restrictions of Section 25.730.5 shall be applied only to that
portion of the property.
(3) Where the boundary of the wellfieid protection zone passes through a
building or a portion of the property used as a single or unified use area,
the entire building or use area shall be subject to the restrictions.
The Director shall review the boundaries shown on the Wellfield Protection Zone
Map at least annually and-shall report the need for changes in the map to the City
Council. In doing this, the Director shall consult with the Hillsborough County
Health Department, the Hillsborough County Environmental Protection Commission,
the Florida Department of Environmental Regulation, the Southwest Florida Water
Managen~ent District, ' and such other agencies as he deems appropriate.' In '
considering the need for changes to the map, consideration shall be given to: the
.addition of new wells or wellfield, the abandonment of wells or wellfields, changes
in pumping volumes at individual wells, changes in the technical knowledge
-concerning aquifers and groundwater flow characteristics, and the identification Of
future wellfield sites by the City Council.
The Wellfield Protection Zone Map may be amended from time to time by the City
Council. The process for amending the map shall be as is set forth in Chapter
166.041(31(c), ~. Prior to making any change in the map, the
Director shall refer copies of the proposed change to the Hillsborough County
Health Deloartment, the Hillsborough County Environmental Protection Commission,
the Florida Department of Environmental Regulation, and the Southwest Florida
Water Management District. The Director shall request that any comments or
recommendations, or an indication there will be no comments or recommendations,
be returned within twenty (20) working days. Failure of any agency to respond
within the twenty-day period shall be construed as an indication that there are no
comments. The Director shall provide all comments and recommendations to the
Develol3ment Review Committee IDRC), who shall make any comments or
recommendations of its own. The Director shall then make a report to the City
Council and shall include all comments and recommendations, as well as his own
recommendations. In taking action on a change in the Wellfieid Protection Zone
Map, the City Council shall consider the report of the Director and the comments
and recommendations of the various agencies.
A - 412
SECT 0N 25,730~5 ~REGULATION$ WITHIN. WELLFIELD PROTECTION ZONES.
(a) The following uses and activities shall be prohibited within wellfield protection
zones:
(1)
The use, handling, production, or storage of regulated hazardous
substances, where such activity is not more specifically included un0e? an
exempt activity (See subsection (c} of this Section) or under a permit~eO
but regulated activity (see subsection (b) of this Section).
(2)
Wastewster effluent disposal,' except for land application reuse of
treatment wastewster, as defined and as subject to the conditions
in 17-610, Part Iil, Florida Administrative Code.
(3) Waste disposal, including both liquid and solid wastes.
(4)
Earth mining as a principal activity (i.e., not including grading of lancl for
development or construction purposes.)
(b) The following uses end activities shall be permi'cted within wellfield protection
::-
zones, subject to the approval of an operating permit as provided in Section
25.730.8: I
(1) Storage of regulated hazardous substances in their original, unopened
containers for the purpose of storage and/or wholesale distribution, where
the use and disposal of the substance does not take place within a
-." wellfield protection zone. *
of a regulated hazardous substance in connection i
Storage
a'nd
handling
with the operation of an automobile service station or similar .f.a.cilit. y,. ..
provided that all bulk storage or motor fuel and lubricants snail De in OOUOle
walled 'tanks, or tanks installed with other secondary containment and
where adequate provisions are made for monitoring both inside and outsi0e ·
the secondary containment zones to detect any contamination. Monitoring
shall mean installation of monitoring wells and collection and testing of
samples
pursuant
to
requirements
of the Florida Department of ·
Environmental Regulation.
(c) The following uses and activities shall be exempt from the restrictions in Sections
25.730.$(a) and (b) above:
(1) Storage of regulated hazardous substances in their original, unopened
containers for the purpose of retail sale, where the use and disposal of the I
substance is not intended to take ~lace within a wellfield protection zone.
(2) Transportation of regulated hazardous substances through a wellfield
protection zone between origin and destination points outside the zone,
subject to all applicable laws and regulations governing the transportation
of such substance. This includes transportation by motor vehicle, barge, or Bi
pipeline.
(3) 'The use of regulated hazardous substances in motor vehicles or motorized
'~ equipment as a motor fuel or lubricant, provided that the operation of a I
A * 413 i
faciiiW to fuel or lubricate a motor Vehicle shall not be exempted.
(4) Storage and/or use of small cluantities of regulated hazardous substances
as cleaning agents, lawn or garden fertilizers or pesticides, or for other
purposes where such use is a normal activity in connection with a
household or business use, and where such activity is conducted in
accordance With applicable regulations and manufacturers guidelines.
Approved wastewater reuse systems, such as for irrigation.
NONCONFORMING USES AND ACTIVITI~
Where a prohibited use or activity identified in 25.730.5(a) exists within a wellfield
protection zone on the effective date of this Section, such use or activity shall be
discontinued not later than April 1, 1993, and the abandoned site made to comply
with the provisions of-this Section (c}. As an alternative, the owner and operator
of the use or activity may apply for and obtain an operating permit pursuant to
Section 25.730.8, provided that such operating permit is issued not later than July
1, 1990. Where a prohibited use or activity is abandoned or ceases to operate for
more than ninety (90) days, such use shall not be resumed and the abandoned site
shall be made to comply with the provisions of (c} of this Section. No prohibited
use or activity shall be expanded or enlarged.
Where a regulated use or activity identified in Section 25.730.5(b) exists within a
wellfield protectiqn zone on the effective date of this Section, such use or activity
shall be discontinued not later than April 1, 1995, and the abandoned site made to
comply with the provisions of Section 25.730.7(c) of thi~ Section. As an
alternative, the owner and operator of the use or activity may apply for and obtain
an operating permit pursuant to Section 25.730.8 provided that such operating
permit is issued not later than October 1, 1990.
.SECTION 25 730.Fi
(b)
(c)
Where any use or activity identified in Section 25.730.5(a).or (bi, whether or not
such use or activity was in existence prior to the effective date of this Section, is
discontinued or abandoned, the owner and operator shall be responsible for
obtaining an operating permit to address the abandonment and closure of the us~
or activity. An operating permit issued to regulate the closure of an activity or a
site shall include conditions necessary, at a minimum, to assure the following:
(1) monitoring of the site to determine that there is no pollution generated by
the site after closure, and that the monitoring program is designed and
operated under the direction of a Professional Engineer who shall
periodically certify the results of tests to the Director;
(2) provisions for cleanup of pollution and pollution sources if the site produces
pollution after the closure;
(3)
(4)
completion of final site grading, final drainage, and establishment of
permanent cover vegetation for those areas where new construction is'not
contemplated;
posting of adequate notices and recording of appropriate documentation in
'the land records to identify previous uses and location of possible buried
hazardous materials; and
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(5)
,.~ECTION 25.730.7
{a)
availabili~/of funds to adequately support required POStClOsure activit,e$
WELLS
Ail irrigation wells constructed after the effective date of this Section shall be
properly constructed to ensure a tight seal at the point where the well passes from
the sun~icial aquifer into the deep aquifer from the City's potable water supD.ly is
drawn, and shall be grouted to ensure that surface contaminants do not travel
down along the outside' of the well casing. Construction specifications
inspection standards shall be as established by the City with technical assistance
from the Southwest Florida Water Management District, the Hillsborough County
Health Depa~Tnent, and/or other agencies with oversight responsibility for well
constructing methods.
(b)
, (c)
id)
(e)
The City shall conduct a survey to identify all wells located within the wellfield
protection zone and to classify each such well as abandoned, in use but
deteriorated or improperly constructed, or in use and not presenting a problem.
When wells which have been improperly constructed and/or which have
deteriorated in such a way as to allow expedited travel of contaminants into the
deeper aquifer are identified, the owner of the prope~y on which said well is
located shall be notified by cart~fied mail and instructed to abandon and plug the
well, Failure to plug the well within sixty (60) days shall be a violation of this
Section. Prior to plugging such well, any required permits shall be obtained.
Any well located within a wellfield protection zone and which is abandoned for a
period of two years shall be 15lugged. When such a well has been identified, the
property owner shall be notified by cerdfied mail and instructed to abandon and
plug the well. Failure to plug the well within sixty (60) days shall be a violation of
this Section..Prior to plugging such well, any required permits shall be obtained.
All well plugging activities shall be coordinated with the Southwest Florida Water
Management District and the Hillsborough County Health Department, and shall be
undertaken under their direction or under the direction of a Professional Engineer or
Professional Geologist.
SECTION 25.730.8 OPERATING PERMITS.
(a)
Where this Section requires the issuance of an operating permit to undertake or to
continue a regulated activiw or to abandon and close a regulated activity, the
following procedures shall apply: -
{1)
An application, together with plans, maps, and other documents necessary
to support the amendment shall be made to the Director. The number of
copies of plans and other suppo~ng documents and the required content
of. submitted materials shall be as prescribed by the Director.
· .{2)
The Director shall review the application for completeness and shall advise
the applicant in writing within ten (10) working days as to whether or not
the application is complete and ready for processing. Determination that
the application is complete shall not prevent the Director from requesting
· additional information, nor shall it prevent the applicant from voluntarily
'submitting additional information at a later stage.
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(4)
(5)
(6)
(7)
(8)
The Director shall refer copies of the application and supporting
documentation to the Hillsborough County Health Department, the
Hillsborough County Environmental Protection Commission, the Florida
Department of Environmental Regulation, the Southwest Florida Water
Management District and such other agencies as may from time to time
request to be provided the copies of applications for operating permits.
The Director shall request comments and recommendations, or an
indication that there will be no comments, within twenty {20) working
days. Failure to respond within the twenty-day period shall be construed
as being an indication of no comment.
The Director may make a formal site inspection to gather information
relevant to the consideration of the issuance of a permit and/or appropriate
permit conditions. If the Director makes such a formal inspection, the
applicant and-all agencies which have received copies of the application' for
reference shall be advised at least five {$) working days prior to the time
and meeting place. These provisions regarding a formal inspections, either
formal or informal, for data collection or enforcement purposes.
The Development Review Committae shall review the application and
supporting materials along with the results of field investigations and
comments and recommendations received from other agencies and shall
make its recommendations regarding the issuance or denial of the
application and appropriate conditions which may be attached to the
issuance of an operating permit.
It is the intent of this Section that, where the use or activity under
consideration for an operating permit is con-currently subject to
consideration for a final site plan or final plat approval, consideration of the
application for an operating permit shall be given concurrently with the
consideration of the final site plan or final plat by the City Council. In
these cases, the City Council shall, following review of the report by the
Development Review Committee and the recommendation of the Director,
issue or deny the application, and may attach such conditions as are
. appropriate to fulfill the pu~oses of this section and to ensure coml31iance
with the standards set forth in Section 25.730.8. In cases where no
application for final site plan or final plat approval is pending before the
City Council, the Director shall review the report of the Development
Review Committee and shall issue or deny the application, and may at~ach
such conditions as are appropriate to fulfill the purposes of this Chapter
and to ensure compliance with the standards set forth in Section
25.730.8(b).
Whenever a decision on an application is made by the Director, that
decision may be appealed to the City Council which shall review the
reporr~ and recommendations and take final action.
Any operating permit which is approved shall contain a condition giving the
date of expiration of the permit, which shall be not later than five years
after the date of issuance.
A -416
lb)
The following standards, at a minimum, shall apply to uses and activities for ~
an operating Dermit is recluired: ~
(1) Interior storage locations shall be completely enclosed and d~signee to
prevent any drainage of accidentally spilled materials through surface
drainage or floor drains. A berm or curb shall be incorporated into the
design of any storage area sufficient to contain the maximum volume of
materials handled within the storage area.
(2)
Exterior storage areas shall be enclosed and secured and shall be 0esigne~
to prevent any drainage of aci=identally spilled materials through surface
drainage. A berm or curb shall be inco~orsted into the design of the
storage area sufficient to contain the maximum volume of materials
handled within the storage area.
(3)
Areas where materials are handled or processed shall be designed to
prevent any drainage of accidentally spilled msteriais through surface
drainage or floor drains. A berm or curb shall be incorporated into the
design of any materials handling area (indoors or out) sufficient to con[am
spilled materials.
(4)
Exterior surface drainage areas located where spills might overflow shalt be
designed with sufficient retention capacity to retain the first one inch of
rainfall or the maximum amount of materials handled, whichever is greater.
An applicant for an operating permit shall provide a ce~ficstion by a Professional Engineer that
the design for any containment area is adequate to detain'any spilled materials and prevent
contamination of surface or groundwater.
SECTION 25.730.9 ~ADMINISTRATION AND APPEALS
(a) The principal authority for the administration of this Section shall be delegated to
the Director of Community Development.
(b) The Director shall have the foli'owing duties and responsibilities:
(1)
Review all permit applications for uses and activities within the City to
determine is special measures will be required co comply with provisions of
this Section. in reviewing land uses and activities and/or specific materials
involved in such activities, the Director shall utilize the assistance of the
Waste Management Program operated by the Hillsborough County
Environmental Protection Commission;
(2)
(3)
Review and process applications for operating permits, including
compilation of comments and recommendations made by other agencies or
by the DRC, and issue or deny such permit applications;
Where a decision on the issuance or denial of a permit, or on the nature of
permit conditions is appealed, make recommendations to the City Council
on the consistency of such applications with the provisions of this Section
and on any conditions or modifications which may be required to ensure
compliance with this Section;
A - 417
(c)
(d)
(4)
{5)
(6)
(7)
Review and inspect uses and land development activities, including uses of
activities which are abandoned, to ensure compliance with the conditions
of operating permits and/or the provisions of this Section;
Maintain the Wellfield Protection Zone Map, make interpretations of map
boundaries, and process proposed changes to the map;
Conduct surveys and other research necessary to identify the location of
abandoned wells and cable tooled wells and carry out procedures necessary
to ensure compliance with the plugging requirements of this Section; and
Coordinate with appropriate a~encies in meeting the requirements of this
Section.
In performing any of his duties, the Director may request the assistance of other
governmental agencies, including, but not limited to, the Hillsborough County City-
County Planning Cotnmission, the Hillsborough County Health Department, the '
Hillsborough County Environmental Protection Commission, the Florida Department
of Environmental Regulation, and the Southwest Florida Water Management
District. The Director may also request the assistance of other City agencies. All
City agencies shall be responsible for providing assistance as needed.
Any decision of the Director may be appealed to the Board of Adjustment as
provided in Article III of this Chapter. Mat/ers subject to appeal include, but are
not necessarily limited to: interpretations of the meaning of provisions of this
Chapter and interpretations of boundaries shown on the Wellfield Protection Zone
Map. Decisions in matters which are subject to the jurisdiction of the City Council
may nbt be' appealed to the Board of Adjustment.
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City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA FORM
SUBJECT:
River-front district design
standards
APPROVED FOR SUBMITTAL BY:
'City Manager: ~
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
) Exhibits:
Vice-Mayor
Corum
,11/02/94
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City has talked back and forth about a plan to guide river-front
development. I'm proposing, during the interim, an official plan and
some design guideline discussion. The type of development the city
needs to keep a close watch over is the commercial zoning on the
water-front. We could set up guidelines to work with project
developers. They could get something in return for follOwing_the set
guidelines.
A thouqht...
If you follow zoning as is, you get no reward.
If you.follow 75% of suggested design standards, you get
If you follow 100% of design standards, then you get
RECOMMENDED ACTION
Agree design standards will benefit the water-front. Discuss, then
take action on whether council and staff should set standards or
organize a qualified committee to make recommendations for design
standards to council.
1) Discuss changes that would eliminate total destruction of
Sebastian's natural landscape during construction.
2) Send to staff and Planning & Zoning for recommendations.
A) Look into Indian River County's policy.
City qf Sebastian
1225 MAiN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
i AGENDA FORM
SUBJECT:
Amending the Land Development
Code to Prevent Commercial
Land Clearing
APPROVED FOR SUBMITTAL BY:
City Manager:
Agenda No.
Dept. Origin
Date Submitted
Exhibits:
Vice-Mayor
Corum
For Agenda Of ~
(Refer to LDC
Division III -
Pgs 885-955)
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
~ARY STATEMENT
Sometimes we have to lose something to see that a policy change is in
order. The people of Sebastian let us know of their disapproval of
the Walmart property clear-cutting. Now we can use that experience to
make changes in the Land Development Code so clear-cutting doesn't
happen again.
RECOMMENDED ACTION
Review Division III (Chapters 20A-13 and 20A-14) of the Land
Development Code.
1) Discuss changes that would eliminate total destruction of
Sebastian's natural landscape during construction.
2) Send to staff and Planning and Zoning for recommendations.
3) Look into Indian River County's policy.