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Home My WebLink About08011990The following is a list of actions taken at the August 1, 1990 Workshop Meeting. 1. 90.182 - Rondeau's matter - deferred to 8/8/90 Petty sworn in 90.180 - Burnell fundraiser - Community Center - A/B approved - waive rental fee - Linda 88.183 - Sebastian Lakes PUD conceptual plan extension - staff to meet with reps to work out agreement for Laconia repaying - copy minutes to file - file pending - credenza 90.150 - Sebastian Lakes Utility rate increase request - staff to meet with reps to follow correct procedures - come back to future workshop - copy minutes to file - file pending credenza 88.183 - Sebastian Lakes final plat approval - Tracts G & G1 - deferred along with conceptual plan extension 90.153 - 0-90-06 & 0-90-07 - old fire station land use and rezoning - 1st reading scheduled for 8/8/90 agenda 89.205 - 0-89-30 & 0-89-31 - Fischer land use and rezoning - phs scheduled for 9/12/90 - advertise quarter pg. for 0-89- 30 on 9/6/90 - adv O-89-31 legal ads 8/29/90 - letters to surrounding property owners by 8/10/90 90.181 - Solin contract to amend LDC - no definite action taken except amendments made - Council seemed to concur - check with Manager - if this is construed as approval or will revised ORIGINAL go back to Council for approval - regardless - the contract should be filed under contracts 10. 89.032 - report on CLUP - get copy of Solin fax from Bruce 11. Manager said he will report to Council on recently enacted legislation (FS 333.02) re: airport committees City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M I N U T E S SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, AUGUST 1, 1990 - 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. Mayor Conyers called the workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank Oberbeck Absent: Also Present: Councilman Lonnie Powell (excused) Councilman Lloyd Rondeau (excused) City Manager, Robert McClary Deputy City Attorney, Rick Torpy Assistant City Manager, Jo Anne Townsend Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Chief of Police, Earle Petty Assistant Finance Director, Larry Napier City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio City Council Workshop August 1, 1990 Page Two 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) At the request of the City Manager, motions were made as .follows. MOTION by Oberbeck/McCollum I move to withdraw item #9A Councilman Rondeau's request. VOICE VOTE on the motion carried 3-0. MOTION by Oberbeck/McCollum I move we add the swearing-in of Chief Petty as requested by the City Manager to the agenda under announcements. VOICE VOTE on the motion carried 3-0. 5. ANNOUNCEMENTS The City Clerk swore in Chief of Police, Earle L. Petty, who was'then welcomed by City Council. 6. PUBLIC INPUT A. Non-Agenda Items 90.180 1. Mike Desai - Request to Sell Tickets for Alcoholic Beverages for Burnell Trust Fund Benefit - Community Center - 8/5/90 - 2 p.m. to 8 p.m. - Permittee DOB 10/15/61 - Security and Rental__ Paid (__Letter from Desai,.. Application) Mike Desai, 8025 U.S. #1, requested the sale of donation tickets and use of alcoholic beverages at the Community Center for a fundraiser for the children of Donna Burnell. The City Attorney recommended that Mr. Desai check with ~the Police Department and be certain he complies with state statutes regardinG the sale of alcoholic beverages. MOTION by McCollum/Oberbeck I move the city does not charge a rental fee. City Council Workshop August 1, 1990 Page Three ROLL CALL: Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye MOTION CARRIED 3-0. MOTION by Oberbeck/McCollum I move we allow the group of people who are raising funds for Donna to go ahead and give away alcoholic beverages on the site at the fundraiser take place on Sunday. Damian Gilliams, 516 Gerald Street, Sebastian, trustee for the Donna Burnell fund, emphasized that there will be only donations and no sales of alcoholic beverages on the premises. ROLL CALL: Councilman McCollum - aye Vice Mayor Oberbeck - aye Mayor Conyers - aye MOTION CARRIED'3-0. B. Agenda Items Arthur Bauer, 1164 Breezy Way, Sebastian, and Mary Scotti, 1178 Breezy Way, Sebastian, addressed the Sebastian Lakes Utilities rate increase request. J.W. "Tommy" Thompson, 125 Main Street, Sebastian, addressed the request from Sebastian Lakes for conceptual plan extension. John Redden, Allen Engineering, Sebastian Lakes project, addressed Sebastian Lakes rate increase and conceptual plan extension requests. 7. WORKSHOP ITEMS 88.183 Sebastian Lakes PUD - Request Conceptual Plan Extension to 12/91 (Deferred from 6/13/90 ~ - See 6/13/90 Agenda Packet for Backup) The Director of Community Development explained the process for PUD approval and discussion followed. Wayne Olson, Vice-President, Sebastian Lakes Associates, a subsidiary of Chase Bank of Maryland, addressed Council and suggested that the improvement of Laconia Street be tied in with final plat approval for Tracts G and Gl. 3 City Council Workshop August 1, 1990 Page Four Vice Mayor Oberbeck expressed his concern for lack of cooperation over the years from Sebastian Lakes regarding Laconia Street. Discussion followed on handling the extension of the conceptual plan in concert with a written agreement for the improvement of Laconia Street such as was done for the Main Street realignment and the St. Sebastian PUD conceptual plan. Staff was advised to meet with representatives of Sebastian Lakes to try to work out an agreement. The City Manager said staff would come back with a recommendation. Mayor Conyers called recess at 8:10 p.m. and reconvened the meeting at 8:20 p.m. Ail members present at roll call were present following recess. 90.150 Sebastian Lakes Utilities - Rate Increase Request (Deferred from 6/13/90 - See 6/13/90 A~enda Packet for Backup)(New Backup L Memo from Torpy dated 7/17/90~ Franchise A~reement) Discussion took place on the procedures for rate increase as mandated by the franchise agreement in the code of ordinances, whether correct procedures had been followed and Council members' concerns for any request over 20%. Council concurred that staff should meet with representatives of Sebastian Lakes, follow procedures and come back to a future workshop. Wayne Olson, Sebastian Lakes, addressed Council. 88.183 Sebastian Lakes - Final Plat - Tracts G & G1 - Authorize City Attorney to Draft Resolution (Deferred from 6/13/90 Meetin~ - See 6/13/90 A~enda Packet for Backup) This item was deferred in light of discussion of a Laconia Street improvement agreement. 90.153 Review Ordinance Nos. 0-90-06 (CLUP Amendment) and 0-90-07 (Rezoning) for Total Investments (Old Fire Station - U.S. 1) - Set 1st Reading for 8/8/90 (Staff Recommendation dated 7/26/90, 0-90-' 06, 0-90-07) MOTION by McCollum/Oberbeck I move we set the first reading on Ordinance Nos. 0-90-06 and 0-90-07 for August 8, 1990. 4 City Council Workshop August 1, 1990 Page Five VOICE VOTE on the motion carried 3-0. 89.205 Review Prior Council Action on Ordinance Nos. , 0-89-30 (CLUP Amendment) and O-89-31 (Rezonin~) for Fischer (116.55 Acres) - Set Public Hearings for 9/12/90 (Staff Recommendation dated 7/25/90, 0-89-30 & O-89-31L Map, DCD Memo dated 6/13/90, DCD Memo dated 6/19/90, Staff Recommendation dated 12/7/89, Applications) The Director of Community Development said the DCA had no objection to this land use category. MOTION by McCollum/Oberbeck I move we set the public hearings for September 12, 1990 on Ordinance No. 0-89-30 and Ordinance N. O- 89-31. VOICE VOTE on the motion carried 3-0. 90.181 Fa Discuss Proposed Solin Contract to Amend Land Development Code R~ul~tions (staff Recommendation dated 7/16/90, Proposed A_~reement) The City Manager handed out page three of the contract that had been missing from the agenda packet. The Director of Community Development explained that this contract is for Solin to amend the Land Development Code to bring it into compliance with the Comprehensive Land Use Plan and that grant funds will be used. Several changes were made to the contract in accordance with the comments from the City Attorney. 89.032 Director of Community Development - ~ o__n City Action Re: DCA Finding ~ Comprehensive Land Use Plan in Non-Compliance (Notice of Hear%n~, Letter from DCA dated 7/11/90) The Director of Community Development said that Solin and Associates have developed a work program and are actively working on resolving differences with DCA. 8. MAYOR'S MATTERS Mayor Conyers discussed his vacation. 5 City Council Workshop August 1, 1990 Page Six 9. COUNCIL MATTERS A. Vice Mayor Oberbeck None. B. Councilman McCollum Councilman McCollum said no Economic Development Council meeting was held this month; said he was waiting for the City Attorney's opinion on forced annexation; and questioned how the city will comply with F.S. 333.02 regarding the forming of airport committees. The City Manager said staff will report to council on this new legislation. C. Councilman Powell Absent. D. Councilman.Rondeau 90.182 Consider RequirinG Unanimous Vote for Standard O~ Procedures Amendments (Memo from City Clerk dated 7/12/90, Section 2.12 Charter) This item previously deferred. 10. CITY ATTORNEY MATTERS None. 11. CITY MANAGER MATTERS Mayor Conyers announced the formal dedication of the Creative Playground on Saturday, August 4th. The City Manager presented the fiscal year 1990/91 budget to City Council; stated personnel figures are not included in the budget due to continuing union negotiations; and announced the pre-construction conference and groundbreaking on Main Street realignment on Tuesday, August 7, 1990 following an executive union caucus. 12. Being no further business, Mayor Conyers adjourned the meetinG at 9:15 p.m. City Council Workshop August 1, 1990 Page Seven Approved at the · 1990 Council Meeting. W.E..Conyers, Mayor Kathryn M. O'Halloran, City Clerk 7 90.180 88.183 90.150 88.183 90.153 89.205 AUGUST 1, 1990, CITY COUNCIL WORKSHOP DOCUMENT LiST The following is a list of backup materials for each item in th__e ~ packet and notation for those agenda items with no 8/1/90 A~enda 6. PUBLIC INPUT A. ~enda Items 1. Mike Desai - Request to Sell Tickets for Alcoholic Beverages for Burnell Trust Fund Benefit a. Letter from Desai b. Application 7. WORKSHOP ITEMS Sebastian Lakes PUB - Request Conceptual Plan Extension to 12/91 See 6/13/90 Agenda Packet for Backup Sebastian Lakes Utilities - Rate Increase Request Deferred from 6/13/90 - See 6/13/90 Agenda Packet 1. Memo from Torpy dated 7/17/90 2. Franchise Agreement Sebastian lakes - Final.Plat - Tracts G & G1 - Authorize City Attorney to Draft Resolution Deferred from 6/13/90 Meeting - See 6/13/90 Agenda Packet for Backup Review Ordinance Nos. 0-90-06 (CLUP Amendment) and 0-90-07 (Rezoning) for Total Investments (Old Fire Station - U.S.1) - Set 1st Reading for 8/8/90 1. Staff Recommendation dated 7/26/90 2. Ordinance No. 0-90-06 3. Ordinance No. 0-90-07 Review Prior Council Action on Ordinance Nos. O- 89-30 9CLUP Amendment) and 0-89-31 (Rezoning) for Fischer (116.55 Acres) - Set Public Hearings for 9/12/90 1. Staff Recommendaiton dated 7/25/90 2. Ordinance No. 0-89-30 3. Ordinance No. O-89-31 4. Map 5. DCD Memo dated 6/13/90 6. DCD Memo dated 6/19/90 7. Staff Recommendation dated 12/7/89 1 8. Applications 90.181 89.032 90.182 Discuss Proposed Solin Contract to Amend Land Development Code Regulations 1. Staff Recommendation dated 7/16/90 2. Proposed AGreement Ga Director of Community Development - Report on City Action Re: DCA Finding ~ Comprehensive Land Use Plan in Non-Compliance 1. Notice of HearinG 2. Letter from DCA dated 7/11/90 9. COUNCIL MATTERS A. Councilman Rondeau Consider ~ Unanimous Vote for Standard 0~ Procedures Amendments 1. Memo from City Clerk dated 7/12/90 2. Section 2.12 Charter City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407)589-5330 A F~X ~0h58~-5~70 SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, AUGUST l__a, 1990_- 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. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 5. ANNOUNCEMENTS 6. PUBLIC INPUT A. Non-Agenda Items 90.180 Mike Desai - Request to Sell Tickets for Alcoholic Beverages for Burnell Trust Fund Benefit - Community Center - 8/5/90 - 2 p.m. to 8 p.m. - Permittee DOB 10/15/61 - Security and Rental Paid (Letter from Desai, Application) B. Agenda Items 7. WORKSHOP ITEMS 88.183 Sebastian Lakes PUD - Request Conceptual Plan Extension to 12/91 (Deferred from 6/13/90 Meeting - See 6/13/90 Agenda Packet for Backup) 90.150 Sebastian Lakes Utilities - Rate Increase Request (Deferred from 6/13/90 - See 6/13/90 Agenda Packet for Backup)(New Backup - Memo from Torpy dated 7/17/90, Franchise Agreement) 88.183 Sebastian Lakes - Final Plat - Tracts G & Gl'- Authorize City Attorney to Draft Resolution (Deferred from 6/13/90 Meeting - See 6/13/90 Agenda Packet for Backup) 90.153 D® Review Ordinance Nos. 0-90-06 (CLUP Amendment) and 0-90-07 (Rezoning) for Total investments (Old Fire Station - U.S. 1) - Set 1st Reading for 8/8/90 (Staff Recommendation dated 7/26/90, 0-90- 06, 0-90-07) 89.205 Review Prior Council Action on Ordinance Nos. 0-89-30 (CLUP Amendment) and O-89-31 (Rezoning) for Fischer (116.55 Acres) - Set Public Hearings for 9/12/90 (Staff Recommendation dated 7/25/90, 0-89-30 & 0-89-31, .Map, DCD Memo dated 6/13/90, DCD Memo dated 6/19/90, Staff Recommendation dated 12/7/89, Applications) 90.181 Discuss Proposed Solin Contract to Amend Land Development Code Regulations (Staff Recommendation dated 7/16/90, Proposed Agreement) 89.032 Director of Community Development - Report on City Action Re: DCA Finding City Comprehensive Land Use Plan in Non-Compliance (Notice of Hearing, Letter from DCA dated 7/11/90) 8. MAYOR'S MATTERS 9. COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau 90.182 1. Consider Requiring Unanimous Vote for Standard Operating Procedures Amendments (Memo from City Clerk dated 7/12/90, Section 2.12 Charter) 10. CITY ATTORNEY MATTERS 11. CITY MANAGER MATTERS 12. 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.) 2 T~ whom it concerns; We are requesting to sell tickets for the consumption of alcoholic beverages on August 5, 199D For the fund raiser for the Children of Donna Burnell. The tickets will be sold away from where the beverages will be distributed therefore given us an opportunity to check i.d. For persons under 21 years of age at the ticket location and also where the beverages will be distributed by the bartenders. Ail the beverages that are to be used in this Fund raiser have been donated by the distrubutors who will also be there to make sure noone over indulges in consumption of alcohol or minors being served. Ail Funds that are raised will be donated to the Donna Burnell trust Fund at SunBank in Roseland exluding any expenses that are occured during this benefit. Thank you For you cooperation, M. Desai CITY OF SEBASTIAN RENTAL PERMIT APPLICATION Name of Renter/prganizatton Number of Persons constituting group or organization: Reason for.Rental Time of Day: From ~'~0 ~.~._l. TO Please answer YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will alcoholic beverages be served? permittee's proof of age (b) If alcohol is to be served, permission is required by the City Council. Your request will be presented to Council on ~mount of Rental /~O ~---O 7% Tax: Security Deposit: $Ch'~.~. ~'-0 Total Rental: $ Telephone No. ~h--r~ E& q'7 Date of Application / , Make checks 9ayable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Sec~,i~ ~postt paid on 7~ ~./?~ (date) in the amount of , , --~ by Check # ~ or Cash initial ,~'~ Rental Fee paid on by Check (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check amount of on in the (date). Amount kept for damages (if applicable). \ws-form\rentapp City of Sebastian POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M E M 0 TO: FROM: SUBJECT: DATE: Mayor and City Council ~ Kathryn M. O'Halloran, City Clerk~' Agenda Items 88.183, 90.150, & 88.183 July 27, 1990 FOR BACKUP MATERIAL ON THE ABOVE-REFERENCED ITEMS, PLEASE REFER TO THE 6/13/90 AGENDA PACKET, WITH THE EXCEPTION OF ADDITIONAL BACKUP ON ITEM 90.150 ENCLOSED IN THE CURRENT (8/1/90) WORKSHOP AGENDA PACKET. KO/elm City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Sebastian Lakes Utilities -- Rate Increase Request Approved For Submittal By: City Manager Agenda No. ~ Dept. Origin City Manager Date Submitted 7/26/90 For Agenda Of 8/1/90 Exhibits 2/3/89 Letter from C. Nash 7/17/90 Letter from R. Torpy 6/5/90 Memo from L. Napier Sebastian Lakes Application Franchise Agreement EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT In January, 1989, the Sebastian Lakes Utility Company requested an 84% rate increase. At that time, City Attorney Charles Nash concluded the Company would need to provide legal justification to increase the rates more than 20%. The Company subsequently withdrew their request to update the financial data. In April, 1990, the Company submitted another request which would increase water rates by 72% and sewer rates by 100%. To ensure we comply with the Franchise Agreement, Assistant City Attorney Rick Torpy was asked to review the proposal. If the City Council agrees with the proposed rate increase, Mr. Torpy has concluded the City Council should adopt an ordinance. Further, he recommends the existing ordinance should be amended to authorize the City Engineer to review the rates. RECOMMENDED ACTION To address the proposed rate increase, the City Council should: (1) discuss the procedures to be followed and (2) discuss the merits of the rate increase and, if the City Council wishes to proceed. JAMES 1~. F~ULACE CHA/~tLE$ ~ NASH * VINCENT ~. TORPY, JR. ELISE ~ ~INOER ~IC~RD ~. TORPY J, ~ATRICK ~DERSON FRESE, FALLACE, NASH & TORPY, P.A. ATTORbTEYS AT LAw '"' I 8 1990 RECEIVSD 930 S. i:IA~BOR CITY BLVD. SUtTE 505 MELBOURNE. 17k, O~.IDA 32901 (407) 984-3300 ~ (407) 951-3741 July 17, 1990 Robert S. McClary city Manager City of Sebastian P.O. Box 780127 Sebastian, FL 32978 RE: Sebastian Lakes Utility Rate Request Dear Robb: This letter is in reference to your letter dated June 20, 1990, regarding the proper method for changing utility rates for Sebastian Lakes Utilities. After review of the ordinance, I believe any rate change should be accomplished by ordinance. The franchise ordinance regarding this matter specifically states "that rate increases are subject to the approval of City Council after public hearing thereon". Article X, Section 109 Code of Ordinances, city of Sebastian. This section makes the issue arguable as to whether a rate change requires an ordinance, or simply a resolution. First, rate changes are generally temporary in nature, considering the fact that they are subject to change every three years. Therefore, pursuant to Section 166.041 of the Florida Statutes, rate changes could be considered an expression of a temporary character which can be adopted by resolution. The other side of the issue, however, is in considering that a public hearing on the rate increase is required by the ordinance itself. The ordinance appears to contemplate that a public hearing will be held, not on the legislation, but on the size of the'rate increase itself. Therefore, since a public hearing must be held, I believe it would be prudent to adopt any rate change by ordinance, rather than resolution. Further, Florida law requires that ordinances be amended by supplemental ordinance. Accordingly, I conclude that in order to change rates for the Sebastian Lakes Utility, it will be required to have an ordinance and public hearing on the issue since these rates were first established by ordinance. Robert S. McClary City of Sebastian July 17, 1990 Page -2- Your second question was whether you must use a consulting engineer in order to determine whether a rate adjustment is required. Article X, Section 109, clearly states that the consulting engineers of each of the parties shall meet and determine whether a rate adjustment is justified after reviewing all costs. Therefore, the ordinance contemplated that a consulting engineer would make a recommendation as to whether a rate adjustment is necessary. The ordinance does not, however, preclude the consulting engineer from being an employee of the city of Sebastian. This ordinance was passed in September of 1985, at a time when the City of Sebastian probably did not have a staff engineer. Therefore, I believe it would be acceptable for one of the City's engineers to act as a "consulting engineer" for the purpose of determining whether a rate adjustment is necessary. In order to eliminate the requirement of having a recommendation of a consulting engineer, however, it would require an amendment to the ordinance to eliminate this language. If you have any further questions regarding this matter, please contact me. I look forward to hearing from you. Sincerely, FRESE, FALLACE, NASH & TORPY, P.A. Richard E. Torpy RET/lbg APPENDIX B--FRANCHISES Art, X ARTICLE X. SEBASTIAN LAKES UTILITY COMPANY--WATER AND SEWER* ORDINANCE NO. 0-85-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO SEBASTIAN LAKES UTILITY COMPANY, A FLORIDA CORPORATION, TO OPERATE AND MAINTAIN A WATER DISTRIBUTION SYSTEM AND SEWAGE COL- LECTION SYSTEM WITHIN A PORTION OF THE CITY OF SEBASTIAN, FLORIDA; SETYING FORTH CONDITIONS AND PRIVILEGES ACCOMPANYING THE GRANT OF FRAN- CHISE; PROVIDING FOR RATES AND CHARGES, AND FOR SERVICE STANDARDS. WHEREAS, the City of Sebastian finds it in the public interest to ensure that Sebastian Lakes Utility Company adequately pro- vide high-quality water and sewer (wastewater) services; WHEREAS, the City of Sebastian finds it in the public interest to retain regulatory authority over the water and sewer utilities, to the extent allowed by law, because of the over-riding public health, safety and welfare considerations associated with the provision of this service; WHEREAS, the City of Sebastian finds it in the public interest to retain control over the use of public rights-of-way by water and sewer utilities to ensure against interference with the public convenience, to promote aesthetic considerations, to promote planned and efficient use of limited right-of-way space, and to protect the public investment in right-of-way property; WHEREAS, the City of Sel~astian finds it in the public interest to ensure that high quality water and sewer service is main- tained through a responsive compliant procedure; WHEREAS, Grantor is desirous of having made available to its citizens, in return for valuable consideration, certain water and sewerage facilities of sufficient size and capacity to serve its *Editor's note--Printed herein is the water and sewer franchise adopted Sept, 11, 1985, by Ord. No. 0-85-16, Additions made for clarity are enclosed in brackets. Supp. No. 10 1985 Art. X, § 101 SEBASTIAN CODE citizens at reasonable rates, and constructed in such a manner so that at such time as the Grantor may desire to purchase said facilities, that prospective purchasers of revenue bonds of the Grantor to be used in acquiring the funds to make such purchase can be assured that the facilities are adequate and satisfactory and will produce revenues capable of retiring said revenue bonds; WHEREAS, Grantee has indicated to Grantor that it is willing to undertake the installation and operation of such facilities under a franchise from Grantor; and WHEREAS, the provision of such water and sewerage facilities is in the best interest of the health, welfare and safety of Gran- tor's citizens; Now, Therefore, BE IT ORDAINED by the City Council of Sebastian, Florida, as follows: Section 101. Definitions[; Title]. A. "Grantee" shall mean the Sebastian Lakes Utility Compa- ny, its successors and assigns. B. "Grantor" shall mean the City of Sebastian, its successors and assigns. C. This ordinance shall be known as the Sebastian Lakes Util- ity Company Water and Wastewater System Franchise. Section 102. Grant of Authority. Grantor hereby grants to Grantee the right to construct, main- tain lift stations, force mains, manholes, sewerage treatment plant and other appurtenances, upon, along, under and over the roads, easements, ways and streets within the limits of this fran- chise, as its business may from time to time require in accord- ance with established practice with respect to water and sewer- age construction and maintenance for the purpose of providing adequate sewerage collection and treatment services to Grantor and its successors and to the inhabitants within the limits of the franchise. Supp. No. 10 1986 APPEI~DiX B--FRANCItISES Art. X,§ 106 Section 103. Limits of the Franchise. All persons, firms or corporations within and limited to the 'areas described and designated in Exhibit "A" to this ordinance are hereby granted the privilege and right to receive from the Grantee water and sewerage services and all services incidental or necessary with respect thereto, and the Grantee shall not refuse to provide such sewerage services to any person, firm or corporation whomsoever for any reason whatsoever. Section 104. Duration of Franchise. The term of this franchise shall commence with the effective date of this ordinance and shall continue and remain in full force and effect for the period of twenty (20) years; provided however, should the Grantee surrender or abandon the operation and main- tenance thereof, or fail to complete and put in operation the system as demand requires, or fail to comply with any of the provisions hereof, then in either of said events this franchise shall be forfeited, and the Grantor shall be entitled to purchase by voluntary agreement, or take by condemnation or by power of eminent domain, in accordance with Section 132 hereof, all prop- erty used and useful in the exercise of this franchise, situated within the limits of this franchise. Section 105. Grantor Supervision. The foresaid construction, maintenance and operation of said sewerage facilities, both as to those portions of the same located within the limits of the franchise, shall be subject to the approval of Grantor and the plans and specifications for all of such con- struction shall first be approved by the same before construction is commenced. Grantor or its employees, officers or agents shall have the right to inspect the abovementioned sewerage facilities at any reasonable time. Section 106. Franchise Consideration. Within thirty (30) days after the first anniversary date of this grant and within thirty (30) days after each succeeding anniver- sary date of this grant, the Grantee, its successors and assigns Supp. No. 10 1987 Art. X, § 106 SEBASTIAN CODE shall pay to Grantor or its successors an amount which, added to the amount of all taxes, licenses, building permits and other impositions levied or imposed by the Grantor upon the Grantee's water and sewerage property, business or operations for the pre- cedit~g tax year, will equal three percent (3%) of the Grantee's revenues from the sale of water and sewage collection and treat- ment services to residential and commercial customers within the limits of this franchise for the twelve (12) months preceding the applicable anniversary date. Section 107. Assignment. It is mutually agreed that the Grantee, subject to the approval of Grantor, has the right to mortgage, lease, convey, transfer or assign all of the property which it owns, including any and all equipment, pipes or appurtenances utilized in connection with the sewerage collection system and sewerage treatment plant, subject to the following conditions: That thirty (30) days' written notice of Grantee's intention to do so shall be communicated to Grantor, together with the original signed document evidencing said conveyance, lease, mortgage, assignment or transfer which shall indicate the name of the person or persons or legal entity to whom said land has been sold, mortgaged, leased, assigned or transferred; and in addition thereto, said deed, lease, mortgage, trust deed, as- signment or other instrument, shall contain language which shall indicate to the lessee, mortgagee, assignee or transferee that said conveyance, lease, mortgage, assignment or transfer is subject to the terms of this franchise and all of the obliga- tions and duties contained herein; and that said lessee, mort- gagee, assignee or transferee shall, by accepting a conveyance, lease, mortgage, assignment or transfer of the same, agree to assume the obligations of this franchise as part of the consid- eration therefor. Section 108. "As Built" Drawings. Upon the completion of all construction of the water and waste- water treatment plants and distribution and collection systems, the project engineer for the utility shall certify, under seal, that Supp. No. 10 1988 APPENDIX B--FRANCHISES Art. X, § 110 the system has been constructed substantially in accordance with the plans and specifications previously apProved and that the systems meet all of the standards required by the city. The certi- fication shall include submission to the city of two (2) sets of "as bhilt" (as defined by the city) drawings, consisting of one (1) set in reproducible vellums and one set of regular blueline prints; and that the systems meet all of the standards required by the city, including pressure and leakage tests, chlorination and bacterio- logical tests, infiltration and exfiltration tests. Section 109. Rate Adjustment. It is recognized by the parties that the rate charged by Grantee for' the disposal of Grantor's sewage and the providing of water under this agreement represents recovery of variable costs and fixed costs, as well as amortization of return on Grantee's in- vestment in the respective systems. Over the term of this agree- ment, it is recognized that variable costs may fluctuate. With the possibility of this fluctuation in mind, the parties agree that at the end of any three (3) year term hereof, either party may, upon the advice of its consulting engineer, request a rate revision for the next ensuing three (3) year term, to reflect changes in variable costs. Such variable costs shall include ener- gy, water, chemicals and labor used in the normal operation of the systems. The consulting engineers of each of the parties shall meet and determine whether a rate adjustment is justified after reviewing all such costs. In the event the engineers cannot agree on a rate adjustment, they shall, by agreement, appoint a disinterested engineer who shall review the cost figures and shall determine whether a rate adjustment is justified, and if so in what amount. Such determi- nation shall be binding upon the parties. However, in no event shall a rate adjustment for any three (3) year term exceed twenty percent (20%) of existing rates. Rate increases are subject to the approval of the city council after public hearing thereon. Section 110. Systems Cost Data. As construction of said facilities progresses and when the con- struction is completed, Grantee shall furnish the Grantor annu- Supp. No. 10 1989 Art. X, § 110 SEBASTIAN CODE ally within thirty (30) days after the anniversary date of this grant, proof of the costs and expenses of such construction. If Grantor seeks to purchase the facilities as is hereinafter set forth, said cost or expense of figures or cost or expense items shall not be conclusive as to a reasonable purchase price but shall be evidence thereof. Section 111. Financial Reports. The Grantee shall submit to the Grantor annual financial state- ments showing its financial condition and its operations for the preceding year, including customer accounts, operational expenses, gross and net income. Grantor may use these data to determine the earning capacity of the facilities, the reasonableness of its rates, and the advisability of Grantor purchasing the facilities, and for other lawful purposes. Section 112. Right to Purchase. Grantor shall have a right to purchase the facilities of Grantee at any time during the life of this franchise. Section 113. Restoration. The Grantee shall restore all streets, alleys, sidewalks, high- ways, easements, bridges, and other public places to their origi- nal condition after excavation or other disturbance by Grantee. In case any obstruction caused by Grantee shall remain longer than three (3) days after notice to remove same, or in case of neglect of the Grantee to protect dangerous places by proper guards, the Grantor may remove the obstruction or alleviate the danger and charge the Grantee for cost incurred thereby. Section 114. Subordination Provision. The construction, maintenance and operation of the said facilL ties shall be subject to all of the ordinances of the Grantor relat- ing to construction and zoning. Section 115. Indemnity. The Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation Supp. No. 10 1990 APPENDIX B--FRANCHISES Art. X, § 118 or maintenance by the Grantee of the s~s~ems hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or ex- pense, which may accrue to the Grantor by reason of the neglect, default misconduct or strict liability of the Grantee in the con- struction, operation, or maintenance of its facilities hereunder. Section 116. Severability. If any part [court] of competent jurisdiction shall determine that any provision hereof is invalid, illegal, unenforceable, or otherwise prohibited, or if any federal or state governmental agency shall establish or interpret any law, rule or regulation by which any provision hereof becomes invalid, illegal, unenforce- able or otherwise prohibited, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof; except that the Grantor may declare this franchise terminated if it finds the invalidated provision to be an essential part of this franchise. Section 117. Service Standards. Grantee will maintain and operate all of said facilities in good working order in accordance with established engineering prac- tices and recommendations at all times, and will, at its cost, make such additions and improvements to its plants and facili- ties as are necessary to provide adequate service to ali of the area covered by this franchise. The provision is subject to all other provisions of this franchise pertaining to the construction of facilities. Section 118. Construction Schedule. Grantee shall proceed expeditiously to construct such part of the plant and systems as shall be necessary to serve water find wastewater demands in the area covered by this franchise as needed, and to maintain said plants and other facilities in a sufficient capacity to handle the requirements of the then utility service demands in the area covered by this franchise. Supp. No. 10 1991 Art. X, § 118 SEBASTIAN CODE All of the facilities to be owned and operated by Grantee shall be planned and designed by professional engineers of the State of Florida. The contract or contracts for the construction of all facil- ities shall be awarded by Grantee to reputable contractor or contractors. The Grantee shall have the right to examine and concur in the design of all facilities, but concurrence shall not be arbitrarily or unreasonably withheld. Failure by Grantor to ad- vise the Grantee in writing of its non-concurrence in the design of any facilities and to assign in writing Grantor's specific reason or reasons for such non-concurrence within ten (10) days after Grantee has submitted to Grantor such design shall be deemed a concur- fence by Grantor in such design. Section 119. Capacity to Serve. Grantee will, at its own expense, provide the necessary capac- ity to service the area. Section 120. Rates. The rates and charges fi~r use of said facilities by the Grantor, and its successors, and the inhabitants, property owners and corporations within the limits of this franchise, shall at all times be reasonable and subject to such regulations as may be provided by law. The initial water and wastewater rates shall be as set forth in Exhibit "B" hereto. Section 121. Public Nuisance Prohibited. Said systems shall not be constructed, maintained and oper- ated so as to cause pollution of any kind to the waterways, wet- lands or groundwater aquifers within the limits of the franchise area and said facilities shall not emit dust, dirt, smoke, noise, odor, fumes, or vibrations in quantities and constitute a public or private nuisance or substances which possess an abnormal explo- sion hazard. Grantee shall landscape the plants to be erected by it so as to screen the facility from view in an attractive manner and shall maintain the same in an attractive manner at a11 times. Supp. No. 10 1992 APPENDIX B--FRANCHISES Art. X, § 124 Section 122. Rule Making. The Grantee may issue from time to t'ime necessary rules and regulations relating to the maintenance and operation of its facil- ities and relating to the time, manner and place of collection of its authorized charges and rates, and the Grantor will further assist therein by enacting such ordinances as shall reasonably be necessary and in the public interest in order to aid and assist the Grantee in collecting its authorized charges and rates and pre- vent tampering with, injuring or destroying the Grantee's prop~ erty or interference in any way with the operation of the Grantee. Section 123. Complaints. All complaints shall be resolved by Grantee within twenty-four (24) hours. Grantee shall, upon request by Grantor, supply Gran- tot with copies of all complaints and indicate the disposition of each. Such records shall be available to inspection by Grantor at all times during business hours specified herein. The form shall indicate the day and hour on which the complaint was received and the day and hour on which it was resolved. When a com~ plaint is received on the day preceding a holiday or on a Satur- day, it shall be serviced on the next working day. The Grantee shall establish procedures to insure that all customers are noti- fled as to the complaint procedure. Section 124. Monitoring Performance and Compliance. In order to fully implement the provisions of this franchise, a panel for the review of the quality of services provided for in this contract shall be created, to consist Of three (3) members, one (1) member representing the Grantor, one (1) member representing the Grantee, and third independent member chosen by the pre- viously named two (2) members. It shall be the function of this committee to review, report and make recommendations to the Grantor regarding the quality of services provided for herein. For the purpose of this function, "service" shall be defined as the performance of the duties, tasks and obligations of the Grantee enumerated herein and the performance of such other duties, tasks and obligations as are generally and reasonably regarded Supp. No. 10 1993 Art. X, § 124 SEBASTIAN CODE as incident to the safe and satisfactory dischargeof, responsibili- ties in the water and sewer industry. Section 125. Termination of Service. Grantee shall have the right to discontinue service to any consumer who is found to have violated any valid rule and regu- lation prescribed by Grantee under this franchise and approved by the Grantor or who shall fail to pay, within sixty (60) days after the same comes due, any charges legally made by the Grantee for services supplied. Grantee shall not be obligated to renew service after such discontinuance, unless and until the customer shall have reimbursed Grantee for its expense incurred in the discontinuance and renewal of service. A consumer whose service has been discontinued at one resi- dence, or place of business, will not have the right to require service to be renewed at another residence or place of business until all demands of the Grantee for legitimate charges and expenses against said consumer shall have been met. Section 126. Fire Hydrants. In consideration of the rights and privileges herein granted, Grantee shall install fire hydrants along the water mains located within the geographical limits of the Sebastian Lakes Subdivi- sion at locations as will meet the standards specified by city ordinances. Section 127. Taxes. If, during the life of this franchise, or any extension thereof, Grantor shall elect to levy a tax upon the charge made by Grantee to its customers for the sale of water or sewerage wastewater, Grantee shall collect the amount of such tax from its customers for use and benefit of Grantor at the time of collecting the price charged for the sale of water. All such taxed levied and collected during the preceding month shall be reported and paid over on or before the fifteenth (15th) day of each calendar month to Grantor less any administrative costs, agreed to by Grantor from time to time, incurred by Grantee in the collection of such tax. Supp. No. 10 1994 APPENDIX B--FRANCHISES Art, X,§ 130 Section 128. Renewal and Replacement Account. Two and one-half percent (2'/z%) of the gross receipts of the utility shall be placed in an interest bearing renewal and re- placement account for purposes of renewal and/or replacement of the capital assets of the water and/or wastewater system of the utility. Additionally, the utility shall initially fund said account with two thousand dollars ($2,000.00) which will also be reserved for capital maintenance items. Interest shall accumulate in said account until the account reaches twenty-five thousand dollars ($25,000.00); thereafter interest shall be paid to the utility annu- ally. Said funds shall be used as sinking fund and applied only for renewal and/or replacement of the water and/or wastewater sys- tem by the utility as the need arises; the percentage required to be placed in the renewal and replacement account may be amended after review by the city as necessary to maintain a sufficient account balance taking into account the general condition of the system. The city is granted the right to make necessary repairs using said funds in the event of default on the part of the utility in maintaining proper quality standards. Section 129. Contractual Agreement. It is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise agreement between the utility and the city and as such contractual instrument rec- ognized under the statutes and laws of the State of Florida. This franchise agreement is not intended to create rights or actions running in favor of third parties, except as herein specifically provided. Section 130. Default of Franchise. If the utility fails or refuses to promptly faithfully keep, per- form and abide by each and all of the terms and conditions of this franchise, then council shall give the utility written notice of such deficiencies or defaults and reasonable time within which the utility shall remedy the same, which notice shall specify the deficiency or default. If the utility fails to remedy such deficiency or default within a reasonable time, the council may thereafter schedule a hearing concerning the same with reasonable notice Supp. No. 10 1995 Art. X, § 130 SEBASTIAN CODE thereof to the utility, and after such hearing, at' which all inter- ested parties shall be heard, the council may levy liquidated damages of up to fifty dollars ($50.00) per day that said deficiency or default exists from the date of said hearing held by the council and the council may further limit or restrict this franchise or franchise territory or may terminate and cancel the same in whole or in part if proper reason thereby are found by the council. If the council enters an order pursuant to such hearing and 'the utility feels aggrieved by any such order, the utility may seek review of the council's action by filing a petition for writ of certiorari in the circuit court of the county. Section 131. Execution of Franchise. If any word, section, clause or part of this ordinance is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. Section 132. [Acquisition by City.[ Within a reasonable time after the city has notified the utility of its intent to terminate the franchise and to acquire the system, the franchise holder shall convey all of its facilities together with all easements to the city. Said conveyance by the utility shall be without encumbrance. At this time the franchise holder shall convey unencumbered all of its facilities together with all ease- ments, to the city, without charge as to all property contributed to the utility; provided further, however, that the city shall have the right to purchase the remaining assets of the utility based on the average of the net original cost and a price as computed and agreed upon by three (3) competent and qualified appraisers. The city shall select an appraiser, the utility shall select an apprais- er, and these two (2) appraisers shall mutually agree upon and select a third independent appraiser and these three (3) apprais- ers shall arrive at the value of the utility and the sales price involved. However, the city shall not be required to purchase and no value will be placed on additions or extensions to the system which were paid for as contributions-in-aid.oflconstruction by any person, firm or corporation other than the utility. The city shall not by condemnation or otherwise be required to pay to the utility any amount for goodwill or prospective profit, or other Supp. No. 10 1996 APPENDIX B--FRANCHISES Art. X, § 132 intangible, and the appraised value shall be based entirely upon physical assets only; and provided further that in the event said board of appraisers cannot agree as to the price to be paid by the city, then the city may file appropriate condemnation proceed- ings under Florida law. Supp. No. 10 1997 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407~589-5570 SUBJECT: Review Ordinance 0-90-06 Land Use Amendment Approved For submittal By: City Manager ) Agenda No. ~;O,/,5'"'~ ) ) Dept. Origin Community Development (B~.)~. ) ~x ) Date Submitted 7/26/90 ) ) For Age,ida Of 8/1/90 ) ) Exhibits: Ordinance 0-90-06 ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council on June 13, 1990 gave tentative approval for the proposed land use amendment for the property located at the S.E. corner of U.S. 1 and 1st Street. (Old Fire Station) RECOMMENDED ACTION Review and set 1st reading of Ordinance 0-90-06 on August 8, 1990. City of Sebastian POST OFFICE BOX 780127 ct SEBASTIAN, FLORIDA 329?8 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Review Ordinance 0-90-07 Zoning Amendment Approved For Submittal By: City Manager ) Agenda No. ~O ,./~-~ ) ) Dept. Origin Community Development (BC~)~';~,~ ) ) Date Submitted 7/26/90 ) ) For Agenda Of 8/1/90 ) ) Exhibits: Ordinance 0-90-07 ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council on June 13, 1990 gave tentative approval for the proposed zoning amendment for the property located at the S.E. corner of U.S. 1 and 1st. Street. (Old Fire Station) RECOMMENDED ACTION Review and set 1st reading of Ordinance 0-90-07 on August 8, 1990. ORDINANCE 0-90-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREI{ENSIVE LAND USE PLAN; AMENDING THE COMP~SIVE LAND USE PLAN MAP FROM CL (COMMERCIAL LIMITED) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN THE EAST CENTRAL AREA OF THE CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1, ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN STREET AND SOUTH OF FIRST STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABII./TY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of the parcel of real property described herein has applied to the City of Sebastian for an amendment to the current land use designation; and ~, on May 17, 1990, the Planning and Zoning Commission conducted a public hearing on the requested amendment to the Comprehensive Land Use Plan amendment and has submitted a recommendation in favor of the proposed change of the Comprehensive Land Use Plan to the City Council; and WHEREAS, the City Council has provided notice of the proposed change to the existing Comprehensive Land Use Plan and conducted a public hearing to receive citizen input; and WHEREAS, the city Council has considered the provisions of the existing Comprehensive Land Use Plan together with the recommended findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has determined that the requested change in the Comprehensive Land Use Plan is consistent with the future development of the area where the subject property is located. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T~E CITY OF SEBASTIAN, INDIAN RIVERCOUNTY, FLORIDA, as follows: Section 1. PROPERTY. That the land use change enacted by the adoption of this Ordinance shall apply to the following described real property: Lots 13, 14, 15, 16 and 17, Block 1, HARDEE'S SUBDIVISION NO. B, according to the Plat thereof, as recorded in Plat Book 4, at Page 74, of the Public Records bf St. Lucie County, Florida, said lands now situate lying and being in Indian River County, Florida: LESS AND EXCEPT THEREFROM the following described portion of the aforesaid Lot 13, described as follows: Beginning at the Northwest corner of said Lot 13, run Southeasterly on the Western line of said Lot 13 a distance of 5 feet; thence run Northeasterly to a point on the Northerly line of said Lot 13, said point being 9 feet Easterly of the Northwest corner of said Lot 13, thence run Southwesterly a distance of 9 feet to the Point of Beginning. Section 2. DESIGNATION. That the Comprehensive Land Use Plan Map shall be amended to reflect a designation of CG (Commercial General) for the real property that is the subject of this Ordinance. Sect~oD 3. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4.. SEVERABILITY. In the event a court of 2 competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the city of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 3 I HEREBY CERTIFY that the notices of public hearing on this Ordinance were published in the Vero Beach Press Journal as required by State Statute, that two public hearings were held on this Ordinance at 7:00 p.m. on the day of 1990, and the day of , 1990, and that the following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 4 ORDINANCE 0-90-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE EAST CENTRAL AREA OF TH~ CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1, DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN ST~RRT ,AND SOUTH OF FIRST STREET, FROM CL (COMMERCIAL ?.~qITED) ZONING DISTRICT TO CG (COMMERCIAL GENERAL) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT FRREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of the parcel of real property described herein has applied to the City of Sebastian for an amendment to the current zoning classification; and WHEREAS, on May 17, 1990, the Planning and Zoning Commission conducted a public hearing on the requested zoning change and has submitted a recommendation in favor of the proposed change of zoning to the city Council; and WHEREAS, the city Council has provided' notice of the proposed zoning change and conducted a public hearing to receive citizen input; and Wq~RREAS, the City Council has considered the criteria identified in Section 20A-11.6(C) of the Land Development Code together with the recommended findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has determined that the requested change in zoning is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, as follows: Section 1. PROPER~Y. That the change in zoning classification created by the adoption of this Ordinance shall apply to the following described real property: Lots 13, 14, 15, 16 and 17, Block 1, HARDEE'S SUBDIVISION NO. B, according to the Plat thereof, as recorded in Plat Book 4, at Page 74, of the Public Records of St. Lucie County, Florida, said lands now situate lying and being in Indian River County, Florida: LESS AND EXCEPT THEREFROM the following described portion of the aforesaid Lot 13, described as follows: Beginning at the Northwest corner of said Lot 13, run Southeasterly on the Western line of said Lot 13 a distance of 5 feet; thence run Northeasterly to a point on the Northerly line of said Lot 13, said point being 9 feet Easterly of the Northwest corner of said Lot 13, thence run Southwesterly a distance of 9 feet to the Point of Beginning. Section 2. DISTRI~. That the real property described in this ordinance is hereby rezoned from City zoning district CL (Commercial Limited) to City zoning district CG (Commercial General). The official City Zoning Map shall be amended to reflect this change in zoning district. Section 3. CONFLICt. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. $EVERABI~TY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of 2 the Ordinance shall not be affected and it shall be presumed that the City Council of the city of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~ EFFECTIVE DATE. This ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O,Halloran, CMC/AAE city Clerk 3 I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1990, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content:. Charles Ian Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Ordinance Nos. 0-89-30 and O-89-31 - Fischer Land Use Plan Amendment & Rezoning - 116.55 Acres Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: 8/1/90 * 0-89-30 & 0-89-31. * Location Map * DCD memo 6/13/90 * DCD memo 6/19/90 * Staff Recommendation 12/7/89 * Applications EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Application was received on May 10, 1989 from Henry A. Fischer for Land Use Plan Amendment from County LD-2 and MXD to City LD, MD, and IND and Rezoning from County RM-6, A-I, and IL to City RM-8, RS-10, and IN for a parcel approximately 116.55 acres in size (see location map attached). The following is a chrono- logical list of events regarding these ordinances. 9/16/89 - Planning & Zoning Public Hearing advertised - legal notices Veto Beach Press Journal 9/21/89 - Planning & Zoning Public Hearing 12/13/89 - City Council - First Readings for Ordinance Nos. 0-89- 30 (land use plan amendment) and 0-89-31 (rezoning) - Public Hearing on 0-89-30 scheduled for 1/24/89 Page 12/20/89 - Letters to surrounding property owners mailed 1/15/89 - Ordinance No. 0-89-30 advertised 1/4 page Vero Beach Press Journal 1/24/89 First Public Hearing on Ordinance No. 0-89-30 - adopted for transmittal to Department of Community Affairs (DCA) Ordinance No. 0-89-30 was incorporated into the City's Comprehensive Land Use Plan (CLUP) and transmitted to DCA for comment following final adoption of the CLUP Ordinance No. 0-89- 19 on March 28, 1990, by instruction of the Director of Community Development. According to the Director of Community Development that although the DCA has ob3ects to the CLUP, they had no adverse comments regarding this particular land use amendment and he has requested this office to begin procedures for final adoption of Ordinance Nos. 0-89-30 and 0-89-31. We are required to advertise the public hearings and to send letters to surrounding property owners at least 30 days prior to the public hearings. We questioned the lapse of time between first readings of these ordinances and final adoption so we contacted the City Attorney on Tuesday, July 24, 1990 and he stated he is unaware of any statute of limitations on first readings of ordinances. RECOMMENDED ACTION Motion by City Council to schedule the 2nd public hearing on Ordinance No. 0-89-30 (land use amendment) and the public hearing on Ordinance No. 0-89-31 (rezoning) for September 12, 1990. ORDINANCE NO. 0-89-30 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO THREE PARCELS OF LAND, APPROXIMATELY 116.55 ACRES MORE OR LESS, LOCATED iN THE SOUTHEAST SECTION OF THE CITY, ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE; AND NORTH OF MABRY STREET;AMENDING THE COMPREHENSIVE USE PLAN MAP FOR THE FIRST PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY LD (LOW DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH RESPECT TO THE SECOND PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY MD (MEDIUM DENSITY) DISTRICT; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP WITH THE RESPECT TO THE THIRD PARCEL OF LAND FROM INDIAN RIVER COUNTY LD-2 (LOW DENSITY) AND MXD (MIXED) DISTRICTS TO CITY IND (INDUSTRIAL) DISTRICT; PROVIDING FOR THE TRANSMITTAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of three parcels of property described herein has made application to the City of Sebastian to amend the land use designation of said parcels of property; and WHEREAS, the City Council has found and determined that the proposed land use amendment with respect to said parcels of property is in the best interests of the City of Sebastian. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. PARCEL #1. That the Comprehensive Land Use Plan Map shall be amended to reflect a designation of LD (Low Density) for the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: 1 A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE WEST 120 FEET OF THE SOUTHWEST QUARTER AND ALSO THE NORTH 120 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND ALSO THE NORTH 140 FEET OF THE WEST 180 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND ALSO THE WEST 180 FEET AND THE NORTH 120 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH 89° 35' 01" WEST, ALONG THE SAID SOUTH LINE, FOR A DISTANCE OF 73.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 14~ 54' 47" WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00 FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 75° 30' 12", A DISTANCE OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89° 35' 01" WEST, FOR A DISTANCE OF 325.81 FEET; THENCE NORTH 00°24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89" 35' 01" EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90" 00' 00", A DISTANCE OF 39.27 TO THE POINT OF TANGENCY; THENCE NORTH OO" 24' 59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 21" 23' 44" A DISTANCE OF 138.17 FEET TO THE POINT OF TANGENCY; THENCe. NORTH 21" 48' 43" WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00 FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15° 56' 24" WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 104" 29' 46", A DISTANCE OF 89.37 FEET; THENCE NORTH 21~ 48' 43" WEST, A DISTANCE OF 653.36 FEET TO THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 AND POINT OF TERMINATION. CONTAINING 12.00 ACRES MORE OR LESS. ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER COUNTY, FLORIDA. SECTION 2. PARCEL #2. That the Comprehensive Land Use Plan' Map shall be amended to reflect a designation of MD (Medium Density) for the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE WEST HALF OF THE SOUTHWEST QUARTER AND ALSO THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER LESS THE WEST 120 FEET OF THE SAID WEST HALF AND THE NORTH 120 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTH 140 FEET OF THE WEST 180 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE WEST 180 FEET AND THE NORTH 120 FEET OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER THEREOF, LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH 89° 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF 73.00 FEET TO THE POINT OF BEGINNING; NORTH 14 ~ 54' 47" WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00 FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 75° 30' 12", A DISTANCE OF 256.97 FEET TO THE POINT ' OF TANGENCY; THENCE SOUTH 89Q 35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH O0~ 24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89~ 35' 01" EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90~ 00' 00", A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY; THENCE NORTH O0~ 24' 59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 21~ 23' 44", A DISTANCE OF 138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21 ~ 48 ' 43" WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00 FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15~ 56' 24" WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 104 ~ 29' 46", A DISTANCE OF 89.37 FEET; THENCE NORTH 21° 48' 43" WEST, A DISTANCE OF 653.36 FEET TO THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 AND THE POINT OF TERMINATION. 3 CONTAINING 75.63 ACRES, MORE OR LESS. ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER COUNTY· FLORIDA. SECTION 3. PARCEL #3. That the Comprehensive Land Use Plan Map shall be amended to reflect a designation of IND (Industrial) for the following described real property, now lying and' being within the incorporated area of the City of Sebastian, Indian River County, Florida: A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE EAST HALF OF THE SOUTHWEST QUARTER, LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH 89~ 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF 73.00 FEET TO THE POINT OF BEGINNING; NORTH 14" 54' 47" WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00 FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 75° 30' 12" A DISTANCE OF 256.97 FEET TO THE POINT OF TANGENCY;' THENCE SOUTH 89 35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH 00~ 24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, .HAVING A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89° 35' 01"; THENCE NORTHEASTERLY AND NORTHERLY· ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90° 00' 00" A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY; THENCE' NORTH 00" 24' 59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 21~ 23' 44", A DISTANCE OF 138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21 ~ 48' 43" WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00 FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15~ 56' 24" WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 104° 29' 46", A DISTANCE OF 89.37 FEET; THENCE NORTH 21° 48' 43" WEST, A DISTANCE OF 653.36 FEET TO THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 AND THE POINT OF TERMINATION. CONTAINING 28.92 ACRES, MORE OR LESS. 4 ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER COUNTY, FLORIDA. SECTION 4. NOTIFICATION. That the City shall send a certified copy of this Comprehensive Land Use Plan Map designation change to the Department of Community Affairs of the State of Florida. SECTION 5. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance shall not be affected and it will be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that two notices of public hearing on this Ordinance were published in the Vero Beach Press Journal as required by Section 163.3184 (15)(b) of Florida Statute (1987), and that two public hearings hereon were held at City Hall, City of Sebastian, the first on the day of 198 followed by transmittal to the Department of Community Affairs of the State of Florida, and the second on the day of 198 at which time this Ordinance was adopted by the City Council. Kathryn M. O'Halloran, CMC/AAE Approved as to Form and Content: Charles Ian Nash, City Attorney ORDINANCE NO. 0-89-31 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING THREE PARCELS OF REAL PROPERTY IN THE SOUTHEAST SECTION OF THE CITY, APPROXIMATELY 116.55 ACRES MORE OR LESS, LOCATED ON THE WEST SIDE OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, SOUTH AND EAST OF SCHUMANN DRIVE, AND NORTH OF MABRY STREET; REZONING THE FIRST PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1 AND RM-6 (RESIDENTIAL MULT-FAMILY) TO CITY ZONING DISTRICT RS-10 (RESIDENTIAL SINGLE FAMILY); REZONING THE SECOND PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1 AND RM-6 (RESIDENTIAL MULTI- FAMILY) TO CITY ZONING DISTRICT RM-8 (RESIDENTIAL MEDIUM); REZONING THE THIRD PARCEL OF REAL PROPERTY FROM COUNTY ZONING DISTRICTS AGRICULTURAL 1, RM-6 (RESIDENTIAL MULTI-FAMILY) AND IND (iNDUSTRIAL) TO CITY ZONING DISTRICT IN (INDUSTRIAL); AMENDING THE OFFICIAL CITY ZONING MAP TO REFLECT THE CHANGE IN ZONING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of these three parcels of real property described herein has made application' to the City of Sebastian for an amendment to the zoning classifications of said parcels; and WHEREAS, the City Council has provided notice Of the proposed zoning changes and conducted a public hearing to receive citizen input; and WHEREAS, the City Council has considered the criteria identified in Section 20A-11.6 (C) of the Land Development Code, together with recommended findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has determined that the requested changes in zoning are consistent with the Comprehensive Land Use Plan of the City of Sebastian, as amended. 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. PARCEL #1. That the zoning classification of the following described real property is hereby rezoned from County zoning districts A-1 (Agricultural) and RM-6 (Residential Multi-Family) to City zoning district RS-10 (Residential Single Family): A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE WEST 120 FEET OF THE SOUTHWEST QUARTER AND ALSO THE NORTH 120 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND ALSO THE NORTH 140 FEET OF THE WEST 180 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND ALSO THE WEST 180 FEET AND THE NORTH 120 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH 89° 35' 01" WEST, ALONG THE SAID SOUTH LINE, FOR A DISTANCE OF 73.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 14° 54' 47" WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00 FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 75" 30' 12", A DISTANCE OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89° 35' 01" WEST, FOR A DISTANCE OF 325.81 FEET; THENCE NORTH 00"24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89° 35' 01" EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90" 00' 00", A DISTANCE OF 39.27 TO THE POINT OF TANGENCY; THENCE NORTH O0° 24' 59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 21~ 23' 44", A DISTANCE OF 138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21° 48' 43" WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00 FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15~ 56' 24" WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAiD CURVE, THRU A CENTRAL ANGLE OF 104~ 29' 46", A DISTANCE OF 89.37 FEET; 2 THENCE NORTH 21 48' 43" WEST, A DISTANCE OF 653.36 FEET TO THE NORTH LINE OF THE SAiD SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 AND POINT OF TERMINATION. CONTAINING 12.00 ACRES MORE OR LESS. ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER COUNTY, FLORIDA. SECTION 2. PARCEL #2. That the zoning classification of the following described real property is hereby rezoned from County zoning districts A-1 (Agricultural) and RM-6 (Residential Multi-Family) to City zoning district RM-8 (Residential Medium): A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE WEST HALF OF THE SOUTHWEST QUARTER AND ALSO THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER LESS THE WEST 120 FEET OF THE SAiD WEST HALF AND THE NORTH 120 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTH 140 FEET OF THE WEST 180 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE WEST 180 FEET AND THE NORTH 120 FEET OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER THEREOF, LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH 89Q 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF 73.00 FEET TO THE POINT OF BEGINNING; NORTH 14 e 54' 47" WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00 FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 75° 30' 12", A DISTANCE OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89" 35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH O0 24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NORTH.89Q 35' 01" EAST; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90° 00' 00", A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00Q 24' 59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 21~ 23' 44" A DISTANCE OF 138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21° 48' 43" WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00 FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15° 56' 24" WEST; 3 THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 104° 29' 46", A DISTANCE OF 89.37 FEET; THENCE NORTH 21o 48' 43" WEST, A DISTANCE OF 653.36 FEET TO THE NORTH LiNE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 AND THE POINT OF TERMINATION. CONTAINING 75.63 ACRES, MORE OR LESS. ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER COUNTY, FLORIDA. SECTION 3. PARCEL #3. That the zoning classification of the following described real property is hereby rezoned from County zoning districts A-1 (Agricultural) and RM-6 (Residential (Multi-Family) and IND (Industrial) to City zoning district IN (Industrial): A PARCEL OF LAND SITUATED IN SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING THE EAST HALF OF THE SOUTHWEST QUARTER, LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER OF THE SAID SECTION 17 AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (100' R/W); THENCE SOUTH 89~ 35' 01" WEST, ALONG THE SAID SOUTH LINE, A DISTANCE OF 73.00 FEET TO THE POINT OF BEGINNING; NORTH~ 14: 54' 47" WEST, A DISTANCE OF 50.42 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 195.00 FEET; THENCE NORTHWESTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 75~ 30' 12", A DISTANCE OF 256.97 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89~ 35' 01" WEST, A DISTANCE OF 325.81 FEET; THENCE NORTH 00~ 24' 59" WEST, A DISTANCE OF 60.00 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND A TANGENT BEARING OF NORTH 89~ 35' 01"; THENCE NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90e 00' 00" A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY; THENC~ NORTH O0° 24' 59" WEST, A DISTANCE OF 50.53 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 370.00 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 21° 23' 44", A DISTANCE OF 138.17 FEET TO THE POINT OF TANGENCY; THENCE NORTH 21 ~ 48' 43" WEST, A DISTANCE OF 2371.66 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 49.00 FEET, THRU WHICH A RADIAL LINE BEARS SOUTH 15" 56' 24" WEST; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 104° 29' 46", A DISTANCE OF 89.37 FEET; THENCE NORTH 21° 48' 43" WEST, A DISTANCE OF 653.36 FEET TO 4 THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17 AND THE POINT OF TERMINATION. CONTAINING 28.92 ACRES, MORE OR LESS. ALL OF THE ABOVE DESCRIBED LANDS SITUATED IN INDIAN RIVER COUNTY, FLORIDA. SECTION 4. AMENDMENT TO CITY ZONING MAP. The official City zoning map shall be amended to reflect these changes in zoning districts pursuant to this Ordinance. SECTION 5. CONFLICT. Ail ordinances or Darts of ordinances in conflict herewith are hereby repealed. SECTION 6. SEVERABILiTY. In the event a court of competent ~urisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance shall not be affected and it will be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk 5 I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute and that a public hearing hereon was held at City Hall· City of Sebastian, on the .... day of 198 at which time this Ordinance was adopted by the City Council. Kathryn M. O'Halloran, CMC/AAE Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian ~m SUBJEC? PROPER'AY City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 December 20, 1989 Dear Property Owner: The City Council of the City of Sebastian, Indian River County, Florida, will hold a public hearing for transmittal to Department of Community Affairs in the City Council Chambers, 1225 Main Street, Sebastian, Florida, on Wednesday, January 24, 1990 on Ordinance No. 0-89-30 Comprehensive Land Use Amendment for three contiguous parcels of property approximately 12.00, 75.63 and 28.92 acres, more or less, located in the southeast section of the city; west of the Florida East Coast Railway R.O.W., south and east of Schumann Drive and north of Mabry Street, in Section 17, Township 31 south, Range 39 east. Existing Land Use Designation: portions of the total acreage. (County) LD-2 and MXD, covering Requested Land Use Designation: Parcel 1 (12.00 acres)-LD (Low Density); Parcel 2 (75.63 acres)-MD (Medium Density); and Parcel 3 (28.92 acres)-IND (Industrial). The City of Sebastian's Land Use Map is available for review in the City Clerk's Office, City Hall, 1225 Main Street, Sebastian, Florida. All interested parties may appear at the hearing and be heard with respect to the proposed amendment. Anyone who may wish to appeal any decision which may be made at this hearing 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 based. By: Kathryn M. O'Halloran, CMC/AAE City Clerk * SEE MAP ON BACK FOR LOCATION file:letter.b City of Sebastian POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: June 13, 1990 Kathryn O'Halloran City Clerk Bruce Cooper n~~~ Director of Community Developme Ordinance 89-30 and Ordinance 89-31 As you are aware, the City of Sebastian received a letter of non-compliance from the Department of Community Affairs concerning the City's adopted comprehensive plan. The state has found several items of the City's comprehensive plan to be in non-compliance but, none of these issues relate to any of the changes in our land use map. Specifically, Doctor Fischer's petition for land use amendment and rezoning (Ordinance 89-30 and Ordinance 89-31) has been received and reviewed and the state has no objections to the proposed land use and rezoning change from the county's designation. Therefore, would you please have Ordinance 89-30 and Ordinance 89-31 set for final public hearing and action for its adoption. Thank you. BC/gk ordin.doc FROM: REFERENCE: City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589,-5330 FAX 407-589.-5570 MEMORANDUM DATE: June 19, 1990 TO: Kathryn O'Halloran City Clerk Director of Community Development Fischer's Land Use and Rezoning Please be advised that the City of Sebastian submitted Mr. Fischer's land use and rezoning for what is known as Vickers Sand Mining along with the City's Comprehensive Plan due to our submittal requirements of only two times a year. Since we have not received any objections concerning Mr. Fischer's land use amendment, therefore we need to proceed with the second and final public hearing. Thank you. BC/gk fischer.doc City of Sebastian POST OFFICE BOX 780127 ra SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5:330 FAX 407-589-5570 SUBJECT: O~AhhOlff. 0~89-~0 g 0~ 0-8g-~1 ~Z~ING&LANDU~~ Approved For Submittal By: City Manager ) Agenda No. ) ) Dept. Origin ~pt.~ Camami~Develop~_n~ ) ) Date Submitted ~ ~$/7/89 ) ) For Agenda Of · ~3/89 ) ) Exhibits: O~inanceO-89-30 ) Ordinance 0-89-31 ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Tho app/icat/on for R~z~ng and Land Use were reviewed bg the City Council at the November 1, 1989 workshop n~etiug. Due tO the size of the property involved within the L~d Use ~t, the City Council mJst hold two Public Hearings. After the first Public Hearing, the City Council would tranmait the amanc~aut to the Departmant of Comamity Affairs for their r~/i~w. Applicant is proposing to amend the current Land Use & Zoning designation of County A-l, RM-6 and Industrial to the City's designation of RS-10, RM-8 and Industrial. This area was annexed several years ago and must have the City's Zoning & Land Use in order to develo~ the property. RECOMMENDED ACTION Move 'to approve first reading of Ordinance 0-89-30, 0-89-31 and set first Public Hearing for 0-89-30 on January 24, 1990. APPLICATION FOR AMENDMENT OF LAND USE DESIGNATION CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA TELEPHONE~ 589-5330 This application must be completed and returned, with all enclosures referred to herein, to the Planning and Zoning Board secretary one week before the scheduled meeting. This application will then be referred to the Planning and Zoning Board for study and recommendations. APPLICANT= Henry A.Fischer PHONE: 589-3159 ADDRESS= P.O. Box 780068 Sebastian, FL 32978-0068 Sebashian General Partnershi B OWNER-: ~enry a. ~lscner P 'F~NE~ ADDRESS= P.O. Box 780068, Sebastian, FL 32978-0068 589-3159 EXISTING LAND USE DESIGNATION=(County) LD-2 and MXD REQUESTED LAND USE DESIGNATION~ (City) LD, MD, and IND REASON FOR PETITION? To Change land use designation. ACRES TO BE REDESIGNATED= 116.55 acres, more or' less. EXISTING USE= Sand mine and orchard. PROPOSED USE: Sand mine, orchard, residential, and industrial. THE FOLLOWING ATTACHMENT SHALL ACCOMPANY THE APPLICATION~ 1)__ If the property in question is not owned by the applicant, a notarized Affidavid of Ownership must accompany the application giving the consent of each owner to the applicant to apply for a land use change. 2)~ A copy of the owner's deed must accompany each copy of this application. 3)_~A certified survey of the area, if not platted. 4) .~ The legal description of the parcel(s) proposed to be changed. 5)~ A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of the subject property. (2) .,, 6),~ Names and addresses of surrounding property owners within 300 ft 'of the. boundary lines. ?)~ A check, money order or cash in the amount made payable to the City of Sebastian... FEE SCHEDuLR " less than 5 acres 5 - 100 acres more than 100 acres $225.00 .. $500.00 $750.00 The undersigned understands ~hat this applicatio~ must be complete and accurate before consideration by the Planning and Zoning Board of the City of Sebastian. STATE OP Florida COUNTY OF Indian River I, Henry A. Fischer ,BEING FIRST DULY SWORN; DEPOSE AND SAy THAT: ..v . I AM THE OWNER AM THE LEGAL RESPRESENTATIVE OF THE OWNER OF THE ~I DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID 'APPLICATION AND ALL SKETCHES AND DATA AND MATTER ATTACHED TO AND MADE A PART OF SAID APPLICATION ARE HONEST AND UE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~ ~I~N~TURE ........ SWORN TO AND SUBSCRIBED BEFORE 'ME, THIS 19__~. DAY OF ~'~, NOTARY': / / .... ,'"--, .................. ~ (,/' l~ (om,~,io. Expel Ap,ii' ;0, 1990 ~ndE~cl Thru Troy F~Jn - Insur,mncl inc. ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPLICATION CONFERENCE THROUGH THE PLANNING AND ZONING STAFF SECRETARY PRIOR TO THE APPLICATION TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE PROPOSAL. APPLICATION FOR ZONING CHANGE CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT TELEPHONE~ 589-5330 This application must be completed and'returned, with all enclosures referred to herein, to the Planning and Zoning Board Secretary one week before the scheduled meeting. This application will then be referred to the Planning and Zoning Board for study and recommendations. APPLICANT: Henry A. Fischer PHONE: 589-3159 ADDRESS: P.O. Box 780068, Sebastian, FL 32978-0068 OWNER.Sebastiau G~meral Partnership B.F.T ~ ~ - ~enry A. ~lscner · , PHONE: 589-3159 ADDRESS: P.O. Box 780068, Sebastian, FL 32978-0068 EXISTING ZONING:(County).RM_6, A-I, REQUESTED ZONING:(City) RM-8 RS-10 and IN. a~d IL. ' ' , LAND USE CLASSIFICATION:(County) LD-2 & MXD kCRES TO BE REZONED: 116.55 acres, EXISTING USE: Sand mine and orchard. '~less. PROPOSED USE: Sand mine, orchard, residential, and industrial REASON FOR PETITION? To change zoning designation. ------'---- ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY? No THE FOLLOWING ATTACHMENTS SHALL ACCOMPANY THE APPLICATION: 1) ~ If the property in question is not owned by the ~pplicant, a notarized Affidavit of Ownership must raccompan~ the application giving the consent of each owner to the aDplica~% to apply for a land use change. 2) ~ A copy of the owner's deed must accompany each copy of this application. 3) A certified survey of the area, if not platted. ' 4)_~ The legal description of the parcel(s) proposed / ' to be rezoned. 5) A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of the subject"property. (2) 6) Names and addresses of'surrounding property owners within 300 ft of the boundary lines. A check, money order or cash in the amount of $~-~ 7) made payable to the City of Sebastian. F_ E SCHEDULE ,, less than 5 acres $225 00 5 - 100 acres · 8500.00 more than 100 acres $750.00 The undersigned understands that this application mustbe complete'and accurate before consideration by the Planning and Zoning Board of the City of Sebastian. STATE OF Florida COUNTY OF Indian River Henry A Fischer I, - DEPOSE AND ~' THA~= . . ,BEING FIRST DULY SWORN, I AM THE OWNER I AM THE LEGAL RESPRES~NTATIV~ OF 'THE OWNER OF THE ~ DESCRIBED WHICH IS THE SUBJSCT MATTER OF THIS APPLICATION, THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION AND ALL SKETCHES AND DATA AND MATTER ATTACHED TO AND MADE A PART OF SAID APPLICATION ARE HONEST~oF MY KNOWLEDGE AND BELIEF. SIGNATURE SWORN TO AND SUBSCRIBED BEFORE ME, THZ$ ~DAY' 0F ~, 19~. NOTARY ~ ~ ~ Comm~.~n E~s Apr~ 10, TWO ' ~nd~d Thr~ Troy Fain - Insu~anc~ Inc. ALL APPLICANTS ARE ENCOU~GED TO SCHEDULE A PRE-APPLICATION CONFERENCE THROUGH THE ~ANNING AND ZONING STAFF SECRETARY PRIOR TO THE APPLICATION TO R~SOLV~ OR AVOID PROBLEMS CONNECTED WITH THE PROPOSAL. City of Sebastian POST OFFICE BOX 780127 c~ SEBASTIAN, FLORIDA 32979 TELEPHONE (407) 589-5330 FAX 407*589-5570 SUBJECT: Discussion on Contract to Amend Land Development Regulations Approved For Submittal By: City Manager __~~'~ ~ ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: ) ) Agreement from Solin & Associates, Inc. ) Community Development 7-1(>-90 8-1-90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The State of Florida requires all governmental agencies that must adopt a comprehensive plan to adopt or amend their Land Development Regulations to be consistent with their comprehensive plan. The State has awarded a grant of $17,019 to the City of Sebastian for this process. Mr. Solin is proposing to complete this work for a total of $16,000. RECOMMENDED ACTION Discuss Mr. Solin's proposed contract. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 TO: FROM: SUBJECT: DATE: M E M O Mayor and City Council . Kathryn M. O'Halloran, City Clerk Item No. 90.181 - A~enda 8/1/90 July 27, 1990 Relative to the above, Page Three (3) of the Proposed Agreement (backup material) is not included in the packet as it was not received in this office. KO/elm AGREEMENT FOR PROFESSIONAL SERVICES CITY OF SEBASTIAN WITIt SOLIN AND ASSOCIATES~, INC. I'HIS AGREEMENT, is made and entered into this day of , lg90, by and between the City of Sebastian City Council, hereirtarter referred t~ as the CITY, and Solin and Associates, Incorporated, hereinafter referred to as SAI. WITNESSETH: WHEREAS, the CiTY retained SA1 to provide technical assistance in preparing the CITY'S Comprehensive Plan which was subsequently adopted on March 28, 19gO; WHEREAS, the CITY desires SAI to provide planni~}g services needed to assist in updating the adopted land development code to implement new State require- !nents pursuant to the City Co~tract #LR 22-10-40 02-131 (hereinafter referred to as the State Contract) as well as goals, objectives, and poltctes of the City's Comprehensive Plan; and WHEREAS, SAI d~sires to continue providing such professional services 'in accordance with this Agreement'; NOW, THEREFORE, 'in consideration of the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: I. GENERAL SCOPE OF THIS AGREEMENT. This Agreement is intended to define the scope of consulting services required by C~'~Y in order to update the City's land d~velopment regulations pursuant to the aforementioned State Contract and consistent with § 163.3202, F.S. and CH gJ-29 F.A,C. SAi hereby agrees to the provisions of the subject State Contract, including Section IX "Sub-contracts", including subsections A, B, and C. II. PROFESSIONAL SERVICES A. Objective. The objective is to update the land development regulations pursuant to criteria stipulated in § 163~3202 F_._S. and CH 9J-29 F.A.C. It shall be the responsibility of SAI to work with the CITY and advise the CITY o~ solutions to planning issues and to assist in completing tasks herein cited. The CITY's ~esired end product is a draft ordinance amending the adopted Land gevelopment Code. The proposed draft ordinance shall only include the additi~mal new provisions to be incorporated in the existing Land Development Code.. B. Work Pro,ram and Schedule. SAI shall assist the CITY by carrying out planning services cited below: WORK PROGRAM TASKS A. .~C~ope of Services. SAT shall work with the CITY Communit. y D?¢elopment Director in preparing the scope of services identified in Exhibi'~ A which is attached and is herein incorporated into the terms of this Contract by specific reference. The services undertaken by SAI shall be perfurmed 'in acc)rdance with the requirements of Chapter 16~.2~02 _F.~S. and Chapter 9J-29, F.A.C. SA~ shall closely coordinate with the C~TY to ensure that the land development regulation~ are responsiw f.o the CITY's needs and interests. B. _R_e_~.._[!?__R~]~roductton. SAI shall provide the CITY with original :':opies of all memoranda and reports. Additional copies shall be compensated a~ a C, M__~e~t~ and/or Hearin_j{~, SAI shall attend up to two (~) meetings to review land development regulations with the City Planning and ~oning Commission and the City Council as requested by the CITY. Additional meetings directed by the CITY shall be compensated as an additional service pursuant to Section V of this Agreement. D, P~_r. gject Schedule and Commencement. SAI will begin work immediately after receipt of ~ fully executed copy of this Agreement with the retainer identified in § IV. Such receipt shall constitute notice to proceed. III: COMPENSATION Tile CiTY agrees to pay SAI a lump sum of Sixteen Thousand Dollars ($]6,gg!].gg) for professional services incurred in preparing the update of the land development regulations, exclusive of reimbursable expenses. )n addition Lo professional fees, the CITY shall reimburse SAI for costs directly chargeable to this contract such as: express mail, photocopies, printing, telephone calls, and fax service, supplies attributed directly to 'the project, travel expense, or other project related direct expenses. IV: INVOICING PROCEDURE SAI shall receive a retainer of Two Thousand Dollars ($2,000.00). SAI shall submit monthly invoices to the CITY for fixed Fees and any reimbursable expenses pursuant to the schedule set forth below. Invoices shall be due and payable on receipt. Schedule of Fixed Fees Month Fixed Fee % of Retainer at Contract Execution $2,000 June 2,000 12 July 4,000 25 August 6,000 38 September 2,000 25 V: ADDITIONAL SERVICES A. Additional services shall include revisions or additions to work previously performed which results from l) a change in a previously stated position (if the CITY beyond tt)e control of the cnnsultant; or 2) a State manda- ted addition to or change in the code content or format. In addition, SAI will, upon written request of the CITY, provide any and all other pl~nn)ng service~ including plan implementation services, development review, or other related planning services requested by the CITY. However, such additional services shall be compensated over and above the fixed fee for professional services herein stipulated. Such compensation shall, at the CITY's discretion, be paid at the hourly rates set forth herein or shall be compensated pursuant to an agreed upon fixed fee stipulated in writing and attested to by the parties. Any relaCed additional direct expenses shall be reimbursed pursuant to actual documented cost. Professional and technical fees for additional services billed on an hourly fee basis shall be invoiced pursuant to the following schedule: Firm Principals: Seventy Dollars ($70.O0/hour) Planne~: Fifty Dollars ($50.O0/hour) Technicians: Thirty-Five Dollars ($35.00/hour). VI. CII'Y'S RESPONSIBILITIES A. P, eview of Work Products. lhe CITY shall examine documents submitted by SAI and shall render decisions pertaining thereto within a reasonable period of ~.ime t~ avoid delay in schedule. B. Provision of Recruited Information. The CiTY shall make available on a timely basis, necessary ordinances, zoning maps, comprehensive plan maps, and other available information relating to the work to be performed pursuant to this Agreement. C. Coordination of Meeting. The CiTY shall provide reasonable consid- eration of the prior scheduled con~nitments of SAI in setting dates for public meetings wilich require the attendance of SAI. SAI shall likewise consider the CllY's public meeting sci~edule and exercise reasonable care to awid conflict ~.~ith the anticipated public meetings of the CITY which require the attendance of SAI. D. ~nterggy2.?_m99_~.aJ._~[~]~~, Fhe C~TY shall provide any necessary introductinns and requests for cooperation ~rum the County, State, Federal, and other goveFnmental agencies, and private persons and groups should such coop- eration become necessary for the performance of SAI. E. ~ment of invoices. The Director of Community Development and the Finance Director shall ensure payment of all i~)voices submitted wiUlin fifteen (15) days after receiving the same. If the CITY fails to make any payment due to, SAI for services and expenses within thirty (30) days after receipt of an invc)ice, SAI may, after giving seven (7) days written notice to the C~TY, suspend services under this Agreement without incurring liability due to suspen~ sion until SAI has been paid in full all mnounts due SAI for SA1's services and expenses, l'he schedule for work products shall be adjusted accordingly. F. [?.j~.~__~)~.~Z' The Director of Con,,unity Development shall be d~signat~d rn'o,iect manager and shall be authoriTed to direct the consultant to perf'),'~ ~.~,i:~j ;:~...~-.~q ~,l,~-~iFi.~d in Ll',is ~gre,'~,~nt a,~d shall act as d'ir~ct, ed on be.half of the Cit.y Council. G. ~t:~9.[n~y~}._.~Qrt~i~]~ation. The Consulting City Attorney shall represent the CITY and shall be available to SA~ for purposes of providing legal services on behalf of the CITY as may be necessary to fulfill the scope oF services ~)nd objectives of this Agreement. It is understood by the Parties that SAI shall, at all times mater~al to this Agreement, be considered an independent contractor', and any legal services provided by the CITY Attorney shall be for the sole benefit of the CITY. il. ~neerin~. The CITY's Engi~eer or other CITY Consulting Engineer shall be responsible for providing SAI with an engineered desct"iptton of the wellfield protection areas within the CITY, including cones of influence. This material is necessary for inclusion in the wellfield protection ordinance. VIi. ACCOUNTING RECORDS Records of SA! pertaining to the services provided hereunder shall be kept on a basis of generally accepted accoonttng principles and shall be available to tile CITY or autl~ortzed representative for observation or audit at mutually agreeable times. VIII. DISCLAIMER OF LIABILITY SAI shall at its own expense, maintain during tile performance of its set'vices under this Agreement appropriate insurance to include wet,men's compen.- sation, gene~'al liability and automobile liability. SAI shall hold the CITY ilarmless for any liability incurred by SAI or its employees. The CITY shall hold SAI harmless 'rot' any liability incurred by the CITY caused by the adoption or implementation of related planning policies and procedures as may be recom- mended by SAI to ~he CITY. For purposes of this Agreement, SA1 shall be considered an independent contractor. IX. TERMINATION Either the CITY or SAI may terminate this Agreement without cause upon thirty (30) days written notice. In the event that SAI receives nottfica~ion of tbe intent of the CITY to terminate the contract, SAI shall not perform any further services. Upon such notice of termlnatio~], SA~ will be paid for all services rendered to 'the date of termination and all reimbursable expenses incurred to the date of termination. All data and materials generated to date of termination shall become the property of the CITY and will be transmitted to same in a swift and timely man,ler. X. SUCCESSORS AND ASSIGNS The CITY and SA! each bind themselves, partners, successors, assigns, and legal re~,resentatives to the other party of this Agreement and to the partners, successors, assigns, ~nd legal representatives of s~lch other party, with respecl to all covenants oF this Agreement. SAI shall not assign, sublet or transfer any interest in this Agreement. XI. NON-DISCRIMINATION In the carrying out of this Agreement, SAI will not discriminate against any employee or applicant i~or employment because of sex, race, creed, color or nat, ional origin. In carrying out this Agreement, SAI will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their sex, race, creed, color, or national origin. Such action shall include, but not be limited to, the following: upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of [)ay or other forms of compensattonl and selection t~or training, including apprer~t)ceship. SAI agrees to post in censptcuous F, laces, available to employees and applicants for employment, such notice~; as may be provided by the CITY setting forth tile provisions of this non-discrimination clause. XII. EXTENT OF AGREEMENT This Agreement represents the entire Agreemeet between the CITY and SAI and may be amended only by written instrument signed by the CiTY and SAI. XIII. APPLICABLE LAW This Agreement shall be governed by the Laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents executed on the .__ day of , 1990. to be Signed, sealed and delivered 'in the presence of: CITY OF SEBASIIAN Attes t: ~ t-~6~-)~[-. '~ "lq~-l' o rl'6-f~-~, BY :t~lty-~or City Clerk Approved as to form and correctness: tit-ET~Fh~ SOLIN AND ASSOCIATES, INC. ~-)i-tness By: --[l~[~ L. SOLIN, JR., AICP Principal EXHIBIT A: SCOPE OF SERVICES Land Development Code U@date City of Sebastian Report.which explains the LDRs are consistent with and implement the adopted comprehensive plan, as required by s.163.3202(1), F.S. Regulation For the use of land water for those land use categories included in the land use element and ensure compatibility of adjacent uses and provide for open space. Performance criteria shall be reviewed for consistency w~th comprehensive plan r-equirements and additional criteria shall be drafted necessary to manage land use compatibility. Also, a new CG 512 zoning district shall be drafted. Regulations ensuring protection of environmentally sensitive lands designated in the comprehensive plan, including upgrading provisions protecting ° wetlands, ° t~-ansitional wetland, littoral zones along lakes, ponded retention areas or similar water bodies ° native habitats ° marine life and seagrass beds against impacts of marinas and docks ° shoreline including vegetative cover and stabilization landscaping, vegetative communities especially tree canopies well'field protection (City to provide engineering support for the wellfield protection ordinance, including engineered description of wellfield cones of influence and other required engineering in a wellfield protection ordinance) ° open space retention to protect recharge areas. Regulations providing that public facilities and services meet or exceed the standards established in the capital improvements element. Include substantive and procedural provisions for concurrency management. Address traffic circulation, drainage, wastewater services, potable water service, and recreation resources. 1. gJ-Zg.005(Z)(e), F.A.C. z. s.~63.320Z(z)(b), F.S. 3. s.~63.3202(2}(b), F.S. 4. s.163.3202(2)(g), F.S. All wo)'k products will be completed requirements of Chapter 163, F.S.., referenced above. in accordance with tile appllcablc and Rule Chapter' 9J-29, F.A.C., as '-,' DEPARTMENT OF COMITY AFFAIr, Pgtitioner, vs. CITY OF SEB~TI~, Respondent. - STATE OF FLORIDA DIVISION OF ADMINISTRATIVE CASE NO. 90-3609GM NOTICE OF ~F. ARING A hearing will be held in this case at the City of Sebastian, city Hall, 1225 Main Street, Sebastian, Florida, on November 12 and 13, 1990, at 9:00 a.m. Continuances will be granted only by order of the Hearing officer for good cause shown. ISSUES: Whether the city's Comprehensive Plan is "in compliance," within the meaning of Section 163.3184, Florida Statutes. AUTHORITY: Chapters 120 and 163, Florida Statutes; and Chapters 9J-5, 22I-6 and 28, Florida Administrative Code. The parties shall arrange to have all witnesses and evidence present at the time and place of hearing. Subpoenas will be issued by the Hearing officer upon request of the parties. All parties have the right to present oral argument and ~D609[-06 'ON aS~D LEI0-SL6E[ u~s~qas po u~aoIi~H,0 AaOD NOI~kq~I~NOD NOOE I06Eg ~p~aoIl pamAoIno~ ~D aoqa~H g%nos 0g6 Xauao~ X~O ~u~sTss~ 00IE-66CE£. mp%aoIM 'aasswg~iI~& aa%nbsM 'ssnH '£ p%A~G :o~ pagsTu~n~ sa~doo ~£96-88~ (~06) 0~I-66£E£ wp~aoI~ 'aass~q~II~A A~a~ aago~l~d~ 0~I bu~pI~ns o~osag ag& ~au~O hula.aH 066I 'apoD aA%~aSsTu!~P~ wP!aOtM '800'9-Igg alum ggT~ aDuRploDD~ UI ~g6~ ag~ aA~g sambaed IT~ -sassau~!~ bu!soddo au~xa-ssolo o~ DEPARTMENT i~-: - :.. ~ ..... STATE OF FLORIDA OF COMMUNITY AFFAIRS 2740 C E N TE R V I EW BOB MARTINEZ DRIVE TALLAH ASS E E, FLORIDA 32399 ~ ~.AS, G. PELHAM July 11, 1990 The Honorable W. E. Conyers ~,. Mayor of Sebastian Post Office Box 780127 Sebastian, Florida 32978-0127 Re: Modification No.1, Contract No. 90-LP-22-10-40-02-131 Dear Mayor Conyers: The Department of Community Affairs and the city of North Sebastian currently have a contract (No. 90-LP-22-10-40-02-131, effective January 19, 1990), relative to the 1989-90 Local Gov- ernment Land Development Regulation Assistance Program. Section XII on page 4 of the contract provides for amend- ments through mutual agreement and written correspondence from the Department. Sebastian, in a letter dated June 11, 1990, requested an extension to the contract pursuant to 9J-29.005(8), Florida Administrative Code. Based upon the city's request, the following modification is made to Section XI(B) of the contract: (B) All activities performed pursuant to this program shall be completed on or before November 30, 1990, which includes an extension pursuant to Rule 9J-29.005(8), Florida Administrative Code. This contract modification shall not be construed as an extension of the due date for adoption of land development regu- lations pursuant to Section 163.3202, Florida Statutes, and Rule Chapter 9J-12, Florida Administrative Code. The sole intent of the modification is to provide an extension to the deadline for completion of activities specified in the contract referenced EMERGEN~ MANAGEMENT · HOUSING AND COMMUNI~ D~ELOPMENT · R~ourcE P~NNING AND MANAG~ENT The Honorable W. E. Conyers July 11, 1990 Page Two Ail other provisions of the contract are still in effect and are to be performed as specified in the contract. This modifica- tion is effective on June 29, 1990, and is hereby made a part of the contract. Your request letter of June 11, 1990, is also hereby made a part of the contract. This modification and your request letter shall be attached to the original contract. Sincerely, RGN/deb Robert G. Nave, Chief Bureau of Local Planning TO: Robert McClary FROM: George N. Metcalf I hereby request to be placed on the agenda of the City Council meeting of July 25,1990 under PUBLIC INPUT - NON AGENDA items. I will request that a position report on Case No. DCA DOCKET No. 89 - NOI-3105(N) Department of Community Affairs ( plaintiff ) VS City of Sebastian ( respondent ) be placed on the City Council August Workshop. Of particular concern is DCA paragraph B, Recommended Remedial Actions; Statement of Intent To Find Comprehensive Plan Not In Compliance contained in paragraph B.3. f'permitting mobile homes in other single family and multifamily residential land use categories and not just in mobile home parks."; and paragraph B.4. which would allow group homes in single family zoning districts as well as multifamily zoning districts. I further request that~ pages 2 and 3 of Exhibit B, The Petition of DCA, be included as back up material in the work shop package. Respectfully, George~N. Metcalf 425 Pine Street Sebastian, Florida 1. Objective 3-1.1 (page 3-1) states that the objective is to provide for adequate sites for low and moderate income households; however, only the number of housing units needed is addressed and not the provision of adequate sites for low and moderate income households. Rule 9J-5.010(3) (b)3., F.A.C. 2. Policy 3-1.1.3 (page 3-1) merely repeats the Rule 9J-5, F.A.C., language for this policy and does not include criteria and principles to guide the location of housing for low and moderate income families. In addition, Policy 3-1.1.3 does not include specific implementation programs or activities for coordination and cooperation with the Treasure Coast Regional Planning Council and Indian River County regarding housing for low and moderate income families. Rule 9J-5.010(3)(c)5., F.A.C. 3. Objective 3-1.3 and Policy 3-1.3.2 (page 3-2) will permit mobile homes in existing mobile home parks only and will not permit mobile homes in all residential land use categories. Objective 3-1.3 and Policy 3-1.3.2 are also not consistent with the pro¥isions of Section 553.38(2), F.S., and' Section 320.8285(5), F.S., which permit the placement of mobile homes in all residential land use categories, provided they are anchored or attached to permanent foundations, meet safety codes and all other requirements of the City's land development regulations. Rules 9J-5.010(3) (b)3. and 9J-5.010(3) (c)5., F.A.C. 4. Policies 3-1.4.1 and 3-1.4.2 (page 3-2) do not include criteria and principles to guide the location of group homes and foster care facilities. In addition, Policy 3-1.4.2 restricts group homes to multiple family zoning districts, and is not consisten~ with the requirements of Chapter 419, F.S., which allows group homes in single family zoning districts. Rule 9J- 5.010(3) (c)5. and 6., F.A.C. B. ~ecommeDd~d.r~med~al aQt~ons. These inconsistencies may be remedied by taking the following actions: 1. Revise Objective 3-1.1, or include an additional objective, to provide for adequate sites for low and moderate income households. 2. Revise Policy 3-111.3, or include an additional policy, to include criteria and principles to guide the location of housing for low and moderate income families. In addition, Policy 3-1.1.3 must be revised to include specific implementation programs or activities for coordination and cooperation with the Treasure Coast Regional Planning Council and Indian River County regarding housing for low and moderate income families. 3. Revise Objective 3-1.3 and Policy 3-1.3.2 to permit mobile homes in other single family and multi-family residential land use categories and not just in mobile home parks. 4. Revise Policies 3-1.4.1 and 3-1.4.2 to include criteria and principles to guide the location of foster care facilities and group homes. In addition, Policy 3-1.4.2 must be revised to allow group homes in single family zoning districts as well as multiple family zoning districts. City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 M E M 0 TO: FROM: SUBJECT: DATE: Robb McClary, City Manager ~ ~ Kathryn M. O'Halloran, City Clerk Standard Operating Procedures Changes - Unanimous Vote July 12, 1990 At the Regular Meeting held on Wednesday, July 11, 1990, Councilman Rondeau requested the above-referenced subject be placed on the Work Shop agenda for August 1, 1990. Please see the attached copy of Section~2.12, Procedure subsection (c), Voting pages 11 and 12. To change the Charter in this particular instance would take a Special Election. If you wish further research on this item, please let me know. elm