HomeMy WebLinkAbout08051992 City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT: )
PROPOSED AMENDMENTS TO THE LAND )
DEVELOPMENT CODES FROM THE PLANNING)
AND ZONING COMMISSION )
Approved For Submittal By..
City Manager /~--~ ~~.~
Agenda Number:
Dept. Origin: Community Development
(BC)/~
Date Submittedz 07/29/92
For Agenda Of:
,0$/05/92
Exhibits:
1. Memo dated June 3, 1992 from
Bruce Cooper
2. Memo dated July 29, 1992 from
Planning & Zoning Commission
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Planning and Zoning Commission is recommending the City Council amend
the Land Development Code regarding several items as outlined in my
memorandum dated June 3, 1992 except for pages 14 from 326.8 through page
15 regarding watercraft, docks, and live aboards. Staff is further
researching these items to ensure any proposed amendments would not
violate any State or Federal laws. Once the Planning and Zoning
Commission has finalized their review regarding watercraft, docks and live
aboards, staff will forward their recommendations to the City Council for
review.
Even though the memorandum seems extensive in the amount of pages, the
majority of proposed amendments extend from past interpretations of the
code or any ambiguities that the code may have.
In my memorandum dated June 3, 1992, I have listed the page and section
number of the Land Development Code that is being proposed to be amended
with the existing language and proposed amendment. All language within
the proposed amendment that has been underlined is new. If any Council
person has any questions concerning these proposed amendments, please do
not hesitate to give me a call prior to the meeting.
RECOMMENDED ACTION
Review proposed amendments and direct the City Attorney to draft the
necessary ordinance to implement the proposed changes. /~ .~
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) ,589-5330 [] FAX (407) 589-5570
M E M O R A N D U }{
DATE .'
TO:
FROM:
REFERENCE:
June 3, 1992
Planning & Zoning Commission
Bruce Cooper
Director of Community Development
Land Development Code Amendments
This is the final draft of proposed amendments
corrections from your meeting of May 21, 1992.
with
Page 65, Section 2OA-2.5(C)(16),
drive-ins and fast food service)
Restaurants
(excluding
Existing Language: Any establishment (which is not a drive-
in service establishment) where the principal business is the
sale of food, desserts or beverages to the customer in a
ready-to-consume state and where the design or principal
method of operation includes two (2) or more of the
following:
(a)
Customers, normally provided with an individual menu,
are served generally in nondisposable containers by a
restaurant employee at the same table or counter at
which items are consumed.
(b)
Ice cream parlors and other specialty restaurants having
floor area exclusively within a shopping or office
center and sharing common parking facilities with other
businesses within the center and expressly prohibiting
freestanding stores having characteristics of a drive-in
restaurant.
(c)
A cafeteria or cafeteria type operation where foods,
desserts or beverages generally are served in
nondisposable containers and consumed within the
restaurant building.
(d)
Customers purchase food, desserts or beverages for
carryout.
Page 2
Proposed Amendment: Any establishment (which is not a drive-
in service establishment) where the principal business is the
sale of food to the customer in a ready-to-consume state and
has a minimum of gro~s profits over 5__~0 percent in food sales.
The design or princiPal method of operation shall include (2)
or more of the following:
(a)
Customers, normally provided with an individual menu,
are served generally in nondisposable containers by a
restaurant employee at the same table or counter at
which items are consumed.
(b)
Ic~ cream parlors and other specialty restaurants having
floor area exclusively within a shopping or office
center and sharing common parking facilities with other
businesses within the center and expressly prohibiting
freestanding stores having characteristics of a drive-in
restaurant.
(c)
A cafeteria or cafeteria type operation where foods are
generally served in nondisposable containers and
consumed within the restaurant building.
(d) Customers purchase food for carryout.
Page 65, Section 20A-2.5(C)(14), Parking Garages
Existing Language: Governmental or private commercial
building or structure solely for the off street parking or
storage of operable motor vehicles.
Proposed Amendment: Governmental or private commercial
building or structure solely for the off street parking or
storage of operable motor vehicles. Wher___~e Darkin~ ~araqes
are permitted within specific zoning districts, the lack of a
building o__r structure shall no__~t prohibit the use of the lot
~ utilized for the off street parking or ~ of
operative motor vehicles. It will be the owner's
responsibility to ensure the removal of all abandon vehicles.
Page 68. Section 20A-2.5(D)(6), Industrial Activities
Existing Language: Warehousing, storage and distribution
activities, including building contract construction,
building supplies, furniture stores with major warehousing,
and trade services with extensive warehousing, trucking
support facilities, or requirement of outside storage.
Proposed Amendment= Warehousing, storage and distribution
activities, including building contract construction,
Page 3
building supplies, furniture stores with major warehousing,
and trade services with extensive warehousing, trucking
support facilities, 6r requirement of outside storage. Ma~or
o__r extensive warehousinq shall be defined as an establishment
having 5_~ percent or more of the total ~ross buildinq area
utilizing such warehousing.
Page 120, Add Section 20A-3.1(E), Page 122 Section 20A-
3.2(E), Page 123 Section 20A-3.3(E), Page 124.1 Section 20A-
3.4(E), Page 126 Section 20A-3.5(E), Page 128 Section 20A-3,6
(E), Page 13! Section 20A-3.7(G), Page 134 Section 20A-
3.8(E), Pa~e 137 Section 20A-3.8(A)I, Page 138.1 Section 20A-
3.9(E), Page 139 Section 20A-3.10(E), Page 142 Section 20A-
3.11(E), Page 144 Section 20A-3.12(F), Page 148 Section 20A-
3.13(J), Page 150 Section 20A-3.14(E), Page 152 Section 20A-
3.16(E)
Prohibited Uses: Any use or structure not of character
indicated under permitted uses and structures o__r Permitted as
~ conditional use___~.
Page 120, Section 20A-3.1(D)(5), Page 121 Section 20A-
3.2(D)(5), Page 123 Section 20A-3.3(D)(5), Page 124 Section
20A-3.4(D)(5), Page 123 Section 20A-3.5(D)(5), Page 127
Section 20A-3.6(D)(5), Page 133 Section 20A-3.8(D)(5)
Add the following sentence: ~ or car~ shall have a
minimum interior clear dimension of 10 x 20.
Page 120, Section 20A-3.1(D)(6), Page 121 Section 20A-
3.2(D)(6), Page 123 Section 20A-3.3(D)(6), Page 124 Section
20A-3.4(D)(6), Page 126 Section 20A-3.5(D)(6), Page 128
Section 20A-3.6(D)(6), Page 131 Section 20A-3.7(F)(6), Page
133 Section 20A-3.8(D)(6), Page 136 Section 20A-3.8(D)(5),
Page 138.1 Section 20A-3.9(D)(6), Page 139 Section 20A-
3,10(D)(6), Page 141 Section 20A-3.11(D)(7), Page 144 Section
20A-3.12(E)(4), Page 146 Section 20A-3.13(D)(4), Page 149
Section 20A-3.14(D)(6), Page 152 Section 20A-3.16(D) (6)
Existing Language: Setbacks:
(a) Front yard: 40 feet
(b) Side yard: 20 feet
(c) Rear Yard: 23 feet
Proposed Amendment:
lines.
Minimum b~ildinq ~etbacks from proDertv
Page 4
Page 121, Section 2OA-3.2 (C) Conditional uses.
Existing Language: In this district as a conditional use a
building or premises may be used for only the following
conditional uses upon compliance with applicable conditions
stated in Article VI and all other applicable provisions of
this code, including site plan review and performance
criteria. The Planning and Zoning Commission shall ascertain
if such conditions and provisions are satisfied. Appeals of
such decisions shall be heard by the City Council.
Condition rises: Home occupations, model homes, child care
services, educational institutions, places of worship, public
and private utilities, public parks and recreation areas,
public protection and emergency services, and accessory uses.
Proposed Amendment= in this district as a conditional use a
building or premises may be used for only the following
conditional uses upon compliance with applicable conditions
stated in Article VI and all other applicable provisions of
this code, including site plan review and performance
criteria. The Planning and Zoning Commission shall ascertain
if such conditions and provisions are satisfied. Appeals of
such decisions shall be heard by the City Council.
Conditional uses: Home occupations, model homes, quest
house, child care services, educational institutions, places
of worship, public and private utilities, public parks and
recreation areas, public protection and emergency services,
and accessory uses.
Page 418, Section 20A-6.1(C) Add new conditional use criteria
for mother-in-law apartment.
Proposed Amendment: Section 20A-6.1(C)32 Guest House:
Applicable Zoning Districts. Guest house apartments
shall be permitted as a conditional use within
the following zoning districts: R8-20 and RE-40.
Conditional Use Criteria. Guest house apartments will
be allowed provided the following criteria are met:
(1) Structure shall be an accessory structure or a
portion of a Rrinciple single famil~ dwelling.
(2) No ~ house apartment may be utilized for
commercial or rental purposes.
Page 5
(3) The total square footage of the ~uest house shall not
exceed 50 percent of the principle.i structure
(including living and non-living) but, in no case
shall exceed 1:000 ~ feet.
(4) No detached accessory ~tructure utilized for a
~uest house shall exceed the height of the ~
structure.
(5) A legal document must be recorded with the Clerk of
the County Court System in Indian River County which
states the limitations of the use on site.
(6) Minimum lot size shall be 30,000 square feet.
Page 119, Section 20A-3.1(C) RE-40 Conditional uses, and Page
121 Section 20A-3.2(C)
Existing Language, in the district as a conditional use a
building or premises may be used for only the following
conditional uses upon compliance with applicable conditions
stated in Article VI and all other applicable provisions of
this code, including site plan review and performance
criteria. The Planning and Zoning Commission shall ascertain
if such conditions and provisions are satisfied. Appeals of
such decisions shall be heard by the City Council.
Conditional uses: Home occupations, model homes, child care
services, educational institutions, places of worship, public
and private utilities, public parks and recreation areas,
public protective and emergency services, and accessory uses.
Proposed Amendment, In the district as a conditional use a
building or premises may be used for only the following
conditional uses upon compliance with applicable conditions
stated in Article VI and all other applicable provisions of
this code, including site plan review and performance
criteria. The Planning and Zoning Commission shall ascertain
if such conditions and provisions are satisfied. Appeals of
such decisions shall be heard by the City Council.
Conditional uses, Home occupations, model homes, ~
house, care services, educational institutions, places of
worship, public and private utilities, public parks and
recreation areas, public protective and emergency services,
and accessory uses.
Page 124, Section 20A-3.4(D)(6)(a), Minimum Setbacks
Existing Language, (a) Front yard: 25 feet. However, where
lots comprising twenty-five (25) percent or more of the
Page 6
frontage on the same street within the block are developed
with buildings having an average yard with a variation in
depth of not more than six (6) feet, no building hereafter
erected or structurally altered shall project beyond the
average front yard so established, but no more than thirty-
five (35) feet shall be required. Where the distance between
dwellings on adjacent lots is two hundred (200) feet or more,
a twenty-five (25) foot front yard shall be provided. Where
interior lots have a double frontage, a twenty-five (25) foot
front yard shall be provided on both streets.
Proposed Amendments Front yard: 25 feet.
Page 130, Section 20A-3.7(E), Construction Standards and Page
240.1 Section 20A-4.8(E) Construction Standards
Existing Language: All residential manufactured buildings,
mobile homes, travel trailers, and similar portable living
quarters shall be constructed in compliance with
specifications set forth by the National Fire Protection
Association (NFPA) under the Association's Code of
Specifications for Mobile Homes and Travel Trailers as exists
or as may hereinafter be updated and amended by the NFPA.
Said specifications are adopted by reference by the city
council and may be identified by the signature of the city
clerk which is affixed to said specifications as is the
corporate seal of the City of Sebastian. Ail construction
shall meet the above specifications or equal, except to the
extent same is inconsistent with the United States Department
of Housing and Urban Development (HUD) regarding construction
and safety standards of mobile homes and with the State of
Florida Department of Community Affairs regarding
construction and safety standards of mobile homes and with
the State of Florida Department of Community Affairs
regarding construction and safety standards for residential
manufactured buildings. The said NFPA specifications shall
remain on file in the city hall and shall be kept current
with subsequent NFPA amendments.
Each mobile home, trailer, or other portable unit shall be
anchored in a manner prescribed by the Land Development Code
of Ordinances consistent with the Federal Department of
Housing and Urban Development standards. The minimum first
floor elevation shall be at least eighteen (18) inches above
the crown of the street.
All awnings, carports, principal patios and accessories to
the building or accessory buildings shall be constructed in
compliance with the building code and the land development
Page 7
code of the city. In addition, all mobile homes shall be
required to have concrete block or stucco skirting and
concrete steps at the entrance to the mobile home.
Proposed Amendment: All residential manufactured buildings.
mobile homes, travel trailers, and similar portable living
guarters shall be constructed in compliance with Florida
Statute Chapter 320 or Florida Statute 553.
Each mobile home, trailer, or other portable unit shall be
anchored in a manner prescribed by the Code of Ordinances
consistent with the Federal Department of Housing and Urban
Development Standards. The minimum first floor elevation
shall be at least 18 inches above the crown of the adjoining
street.
All awnings, carports, principal patios and accessories to
the building and accessory building shall be constructed in
compliance with the building code and the Land Development
Code of the City. I__n ~d~t..ion, all mobile ho. mes shall be
required to have ~ Such skirting shall be of
concrete, masonry, stucco, wood, or other suitable material
and such skirting may have allowable louvers for ventilation.
Page 240.3,
17.2(W)
Section 20A-4.8(J) & Page 1207, Section 2OA-
Existing Language (page 240.3), Community building/shelter.
Developments within the PUD(MH) district shall provide for a
common structure which is easily accessible to all residents
and which meets the following provisions:
Function. The structure shall be large enough to serve as
a place of shelter to residents of the development in
case of emergency and may provide a variety of facilities
including but not limited to laundry rooms, meeting rooms
and recreation rooms.
Construction. The structure shall meet all applicable
federal, state and local building regulations.
Floor area requirements. Such buildings shall provide a
minimum of fifteen (15) square feet of floor area per
mobile home.
Ex/sting Language (page 1207)~ Mobile home developments
shall comply with all of the requirements of this code and
the City of Sebastian Code of Ordinances. Mobile home
Page 8
developments shall be classified as either rental trailer
parks for use as temporary and/or transient residence
purposes with single entity ownership or as permanent
residence areas with individual ownership of contiguous lots
in a condominium or cooperative association. The
"association" shall function with unified control as a
single-ownership entity. Mobile home developments are
intended to provide planned space for occupancy of
prefabricated, detached, transportable, single-family
dwelling units containing all utility and sanitary
conveniences including electrical and plumbing connections
which may be attached to approved permanent utility systems.
To retain ~obility, the undercarriage shall remain attached
to the mobile home unit.
Storm shelters shall be provided to sixty (60) percent of the
proposed total number of residents of the mobile home
development. The storm shelter shall be a permanent building
complying with the Southern Standard Building Code and its
first floor shall be located at an elevation above the one
hundred year flood level. (Ord. No. O-90-13, & 1, 12-12-90)
Proposed Language: Section 20A-4.8(J) Community
building/shelter. Developments within the PUD (MH) district
shall provide for a common structure which is easily
accessible to all residents and which meets the following
provisions:
Storm shelters must be constructed t__o withstand a 120
mile per hour wind load utilizing ~ 1205 of the
Standard Building Code for engineering standards.
Storm shelters must be ~rovided t__o 2_~ percent of the
~ total number of residents of the mobile home
subdivision. Total number of residents shall be
determined utilizin~ two residents Per single family lot.
Storm shelters must be designed t__o provide a minimum of
2_~ sguare feet of net floor area per residence. Floor
areas shall not include bathrooms, corridors, or other
areas that can not be used for temporary lodging of the
residence in case of emergency, Storm shelters ma~
utilized as community buildings, but should be desi nq~9~
with minimal glass exp_qsure.
Proposed Language: Section 20A-17.2(W), Mobile Home
Subdivisions. Mobile home developments shall comply with all
of the requirements of this code and the City of Sebastian
Code of Ordinances. Mobile home developments shall be
classified as either rental trailer parks for use as
temporary and/or transient residence purposes with single
Page 9
entity ownership or as permanent residence areas with
individual ownership of contiguous lots in a condominium or
cooperative association. 'The "association" shall function
with unified control as a single-ownership entity. Mobile
home developments are intended to provide planned space for
occupancy of prefabricated, detached, transportable, single-
family dwelling units containing all utility and sanitary
conveniences including electrical and plumbing connections
which may be attached to approved permanent utility systems.
To retain mobility, the undercarriage shall remain attached
to the mobile home unit.
~ subdivision shall provide for a common structure which is
easily_ accessible to all residents and which meets the
following provisions:
Storm shelters must be constructed t__o withstand a 120
mile per hour wind load utilizing ~ 1205 of the
Standard Building Code for engineering standards.
Storm shelters must b__e provided t__o 2_~ percent of the
proposed total number of residents of the mobile home
subdivision. Total number of re§idents shall be
determined utilizing tw__p_o residents per single family lot.
Storm shelters must be designed to provide a minimum of
20 square feet of net floor area per residence. Floor
areas shall not include bathrooms, corridor, or other
areas that can not be used for temporary lodging of the
residence in case of ~ Storm shelters maX b__e
utilized as community buildings, but should be designed
with minimal ~lass exposure.
Page 240.1, Section 20A-4.8(D)(9), Maximum Building Coverage
Page 131, Section 20A-3.7(F)(7), Maximum Building Coverage
Existing Language: 30 Percent
Proposed Amendment: 40 Percent
NOTE: Indian River County utilizes 40 percent for their
mobile home districts and even gives allowances for more
coverage for other types of structures. It is apparent with
the trend of new manufactured homes being larger than what
use to be predominant in the early 70's and 80's, the mobile
home itself takes the majority of the lot coverage utilizing
30 percent. In order for them to have a carport and
accessory structure such as a storage shed or a screen room,
Page 10
they are being deprived of what is normally being allowed in
most of your mobile home districts. All setbacks will still
be required and will not compromise the integrity of the fire
safety regulations.
Page 323, Section 20A-5.1, Height Exceptions
Existing Language: Chimneys, steeples, silos, windmills.
water tanks, and radio and television antennas may exceed
height limitations upon approval by the Building Official and
City Engineer based on compliance with all other applicable
provisi6ns of this code and approval of the City Planning and
Zoning Commission. In no case shall any permitted heights be
in conflict with the height regulations established by flight
angles of the state-approved airports and in the City and
meet all requirements of the Federal Aviation Authority and
Federal Communications Commission.
Proposed Amendment: Chimneys, cupolas, steeples, silos,
windmills, water tanks, and radio and television antennas may
exceed height limitation upon approval by the Building
Official and City Engineer based on compliance with all other
applicable technical codes. ~ for residential antennas
and chimneys, all other structures that ~ the height
limit shall be ~ bY the Planning an~ Zoning Commission.
In no case shall any permitted heights be in conflict with
the height regulations established by flight angles of state-
approved airports and in the city and meet all requirements
the Federal Aviation Authority and Federal Communications
Commission.
Page 323, Section 20A-5.2, A. Projections and Obstructions
Existing Language: A. Projections and obstructions. Every
part of a required yard or court shall be open from its
lowest point to the sky unobstructed, except for the ordinary
projection of sills, belt courses, cornices, buttresses,
ornamental features and eaves; provided, however, that none
of the above projections shall project into a minimum front
yard more than six (6) inches nor into a minimum side yard
more than twenty-four (24) inches. Residential roof
overhangs may extend forty-eight (48) inches into required
yard space.
Horticultural growth poles, play equipment, wires, lights,
mailboxes, ornamental entry columns and gates, and outdoor
furniture are not considered as encroachments.
Page 11
Proposed Language: Every part of a required yard shall be
open from its lowest point to the sky unobstructed, except
for ordinary projection of sill, belt courses, cornices,
buttresses, ornamental features and eaves~ provided, however,
that none of the above projections shall project into a
minimum front yard more than e_~hteen (18.) inches nor into a
minimum side yard more than twenty-four (24) inches.
Residential roof overhangs may extend forty-eight (48) inches
into required yard space. Commercial ~o0f overhang~ may
extend twenty-four ~ inches into required yard ~
having a required setback of less than te5 (10) feet and ~
extend forty-eight (48) inches ~ a required ~ space o__f
more than ten ~ feet.
Horticultural growth poles, play equipment, wires, lights,
mailboxes, ornamental entry columns and gates not exceeding
~.i..X .(~) feet in heiqh%, ~ poles, and outdoor furniture are
not considered as encroachments.
Chimneys, flues and bay windows ma.y project not more than
2 1/2 feet into a required yard.
Page 323, Section 20A-5.2 (C),
Stairways, Balconies, and Fire Escapes
Existing Language: Open or enclosed fire escapes, outside
stairways and balconies projecting into a minimum yard or
court not more than three and one-half (3 1/2) feet and the
ordinary projections of chimneys and flues may be Permitted
by the Building Official and City Engineer where same are so
placed and are not to obstruct light and ventilation.
Proposed Amendment: Delete in its entirety.
NOTE: Chimneys and flues have been added to paragraph A
above and staff recommends that stairways and balconies meet
the required setbacks. If Planning and Zoning Commission
wishes to leave stairways and balconies to project in a
setback, I would recommend that the language be changed and
eliminate the requirement of the Building Official and City
Engineer to subjectively allow certain structures based on
obstruction of light and ventilation.
Page 325, Section 20A-5.5 (D), Rear Yards
Existing Language: Utility sheds, patios, screen porches
and other structures accessory to single-family homes within
any single-family zoning district may encroach into a
required rear yard provided that such structures maintain a
Page 12
minimum distance of ten (10) feet from the rear property line
and are not located within a dedicated easement.
Proposed Language: Detached structures such as utility
sheds, and other structures accessory to single-family homes
within a single family zoning district may encroach into a
required rear yard provided that such structures maintain a
minimum distance of ten (10) feet from the rear property line
and are not located within a dedicated easement. All such
structures shall not exceed 400 square feet in lot coverage
and shall not exceed twelve (12] feet in ~
NOTE: durrently under the present language, the City has
allowed pool enclosures, screen porches into the rear
setback provided there is a ten (10) foot distance to the
rear property line. Staff feels that these large type
structures should meet the required twenty (20) foot setback
and provide smaller accessory buildings to be allowed closer
to the rear property line.
Page 326, Section 20A-5.7 (B), Accessory Buildings
Existing Language= Location. No accessory building or
structure shall be located in any required yard.
Furthermore. all detached residential accessory buildings and
structures shall not extend beyond the front building line of
the principle structure that is located on the same real
estate parcel or lot.
Proposed Amendment: Section 20A-5.7(B)(1) General rule for
location. No accessory building or structure shall be
located in any required yard (setback). Furthermore, all
detached residential accessory buildings and structures shall
not extend beyond the front building line of the principal
structure that is located on the same real estate parcel or
lot.
~B)(2) Corner lots not withstanding the provisions o~f
ara~ 1, accessor~ buildings ma_AX be located to She front
of the front setback line alonq the boundary of the secondary
front yard of an approved corner lot provided said secondary
fron. t yard does not abut an interior lot.
Page 326.4, Section 20A-5.9 (C)(2), Corner Lots
Existing Language: Notwithstanding the provisions of
paragraph (1), fences and walls four (4) to six (6) feet in
height may be located to the front of the front setback line
Page 13
along the boundary of the secondary front yard of an improved
corner lot. Only those fences and walls placed along the
boundary of the primary front yard of an improved corner lot
must be located behind the front setback line.
Proposed Language For Correction: Not withstanding the
provisions of paragraph (1), fences and walls four (4) to six
(6) feet in height may be located to the front setback line
along the boundary of the secondary front yard of an improved
corner lot. Only those fences and walls placed along the
boundary of the primary front yard of an improved corner lot
must be.located behind the front of the main structure.
Page 326.5, Section 2OA-5.9 - Add ~ D__= Commercial and
Industrial Limitations an___~d Restrictions
Proposed Language:
All commercial and industrial zone ~ that are
bein% utilized for residentSal purposes shall adhere t_~o
the same re~uirements as outlined in Section 2OA-5.9(C)
above.
General Rule. - Fences and wall__~s not exceeding 8 feet in
hei h~ may b~e ~ermitted with the approval of the Planning
and Zoning Commission Chairman and the Building Of.ficial..
All fences and walls ~ [ f, eet in height must be
approved b~ the Planning an__d Zoning Commission.
Page 326.7, Section 20A-5.9(F)
garbage, refuse dumpsters.
Required screens for
Existing Language~ Notwithstanding anything to the contrary
contained in this section, all garbage, refuse dumpsters,
regardless of the siting on the property, shall be screened
on at least three (3) sides by masonry wall, fencing, or
other materials permitted hereunder, at lease six (6) feet in
height, and rendering the view of said dumpster opaque from
adjacent properties and public rights-of-way. All proposed
refuse, dumpster screens must be approved by the building
official through the issuance of a fence permit pursuant to
the application procedures set forth in subsection (A).
Proposed Language: Notwithstanding anything to the contrary
contained in this section, all garbage, refuse dumpsters,
regardless of the siting on the property, shall be screened
on at least four (4) sides by masonry wall, fencing, or other
materials permitted hereunder, at least six (6) feet in
height, and rendering the view of said dumpster invisible
from adjacent properties and public rights-of-way. All
Page 14
proposed refuse, dumpster screens must be approved by the
building official through the issuance of a fence permit
pursuant to the application procedures set forth in
subsection (A).
Page 326.8, Section 20A-5.10(A)(B)
Exis~'ng Language: (A) Regular mooring of watercraftS.
"ReguI~rly moored" shall mean moored in the same general area
at leas~ eight (8) hours a day for ten (10) days ig/'any
month. -Watercraft shall not be regularly moored along any
shore wi~out the consent of the riparian land owner.
Regularly m~ored watercraft shall not be used as
except in ~_~rinas. Watercraft shall not be p~ d as
business offices or other related commercial rprises.
This provision~shall not preclude the regul mooring of
watercraft used ~for fishing operations, cha and other
water dependent ~uses, provided said is at a
commercial marina. ~Regularly moored shall be kept
in seaworthy conditi~ when not in a perm repair area.
(B) Maximum permitted~projection of rfront structure.
Unwalled boat shelters mmy be erecte over boatslips, but no
part of such shelter mag.\ extend the shoreline or be
higher than fifteen (15)~eet. Docks shall not project
outward from shore without a by the U.S. Army Corps of
Engineers and/or any agency having appropriate
jurisdiction.
Proposed Languagez Delefe existing section entirely and
amend as follows: ,//,/"
A. Docks, davits, llf~s. Docks, day, ts, lifts and tiepoles
~ be erected' in accordance ~with the followin~
requirements: /' ~
1. All dock" mounts, davits and li shall ~ with
all setback and locational .requirements of the dock
u~on ~hich it is mounted. ~
2. ~Ai.1 .tiepoles shall be located within ~ extensions
p~ the side rop_~ lines, projected ~pt further
above the surface of the water that is ~easonably
// necessary for their use in application and ~_~ case,
be located more than 1/3 the width of the wat~wway..
3. All docks_~ piers, wharfs, davits and lifts'~,~ as
9ermitted, shall be located so that said structure.~i__s
within the center one third (1/3) of the waterfront
footage of the ~
Page 15
4. Nil docks,., piers or wharfs, as ~ shall he
l_~cated so as to not interfere with the rip. ar~an
o__f adjacent properties.
5. All ~ocks, Riers or wharfs and associated )oles
shall~b__e reguired to obtain a buildin~ from
the imunity Development Department and permit
through State of Florida, if cable
B. Live abo Watercrafts shall not used as
a watercraft that is in
uarters on said ware:
are met.
dwellings,
maintain 1
followinq
provided the
The waterc
eguipment
all excrement.
the same shall
shall have an
lent for the
rules and
establish for the
shall anX part b_~e
sai___~dCit¥.
and ~.e..fuse
ed of in
s heret
Coast Guard
of containing
such craft, an__d
rdance with the
or hereafter
of same, but no event
[eased Lto the waters withi~
The maximum length of
live aboard shall be 60
any watercraft with a
Watercraft shall not be
other related commercial
shall not preclude the re.
for fishing o_Deration
~endent uses, provide
marina. ~
seaworth~ condition
ar
said
not in a
as business offices o__r
s. This provision
of watercraft used
and other water
is at a commercial
shall be kept in a
Ltted repair area.
Definitions=
Add t_~ 2OA-12.2 Glossary the Land
Deve¥opment Code
/
Boat or vessll. Every description ed
watercraft ~_~ R~ Gapable of being us_~ as a mean~
of transpo/rtaton on ~--inGluding---~_~---t~pe~--~o~
boats an_R~ al! uses thereof. AS used~rein, the
term______s ~ o__r vess__el, ar__e synonymo-~ ~ ~f~._---
/
~ home. ~ waterborne structure des__~ned for
o us~ primaril__~ a__s ~ dwellin~ which either d~es not
an pperable moto~ on board at all tim~s, o__r
whi~h-~s not ca~able of controlled steerin~for
re~oval from the dock in the event of a fire or
e;~ergency.
/
,\
Page 16
Page 327, Section 2OA-5.12 B, Regulation of obstructions to
visibility.
Existing Language: Corner lots. - On a corner lot, there
shall be no structure of planting which materially obstructs
traffic visibility within the triangular space bounded by the
two (2) intersection right-of-way lines and a straight line
connecting two (2) points on the street right-of-way lines
thirty (30) feet from the intersection of these right-of-way
lines.
Proposed Language: Section 20A-5.12(B) Corner lots. -
Visibility triangles, .... wherein. nothing shall be erected,
~ parked, planted o__r allowed t__o grow in such manner as
t__o impede vision between a height two (2) feet and ~ (8)
feet above the center lines of lntersectiBg traffic ways..
shall be provided as follows:
Vision clearance at street,., alley and driveway
intersections. Visibility trianq~es shall be .~D~.uired
all traffic intersections. N__o hedge o__r structure within
the visibility triangles shall exceed a height of two
feet above the elevation of the highest abutting street
measured at the centerline.
Dimensions of visibility triangles. The size of the
visibility ~.riangles shall be thirty ~ feet at street
t__o .street intersections and fifteen ~ feet at all
other intersections. These distances shal__l b__e measured
along th__.~e .well-defined ~dge o__f travelways from their
point of inter,section. Or if no well-defined edge o__f
pavement exists, ~ probable edge o.~f pavement shall be
established from the existin~ centerline of the travel-
ways using twelve .(12) foot travel lane(s) fo___~r dedicated
streAts, 8 foot for dedicated alleys, and utility
easements and 5 foot for single drive ~ays.
Page 403, Section 20A-6.1(C)(14)(a)
Existing Language: Applicable zoning districts. Home
occupations shall be a conditional use allowable in the
following zoning districts RE-40, RS-20, RS-15, RS-lO, R-MH,
RM-8, RM-12, COR, MCR and GMC.
Proposed Language: Applicable zoning districts. Home
occupations shall be a conditional use allowable in the
following zoning districts RE-40, RS-20, RS-15, RS-lO, R-MH,
RM-8, RM-12, COR, MCR and GMC. Existing nonconforming
residences within all zoning districts may obtain a home
Page 17
o.ccupation license but, the ~ home occupation shall
not violate Article I__X (nonconformities and noncompliances)
of the Land Development Code.
Page 403, Section 20A-6.1(C)(14)(b)(1)
Existing Language: A home occupation shall be carried on
entirely within a dwelling only by members of the family
permanently living therein. No person other than the members
of the family residing on the premises shall be engaged in
such home occupation. No more than one commercial vehicle
shall be kept or parked on the premises in connection with
such home occupation and such vehicle shall not have a
carrying weight in excess of three-quarters of a ton and
shall not exceed twenty (20) feet in length.
Proposed Language: A home occupation shall be carried on
entirely within a dwelling only by members of the family
permanently living therein. No person other than the members
of the family residing on the premises shall be engaged in
such home occupation. No home occupational license shall be
approved when such business has any ~ other than such
family members residing on the premises. No more than one
commercial vehicle shall be kept or parked on the premises in
connection with such home occupation and such vehicle shall
not have a carrying weight in excess of three-quarters of a
ton and shall not exceed twenty (20) feet in length. Ai__i
types of trailers are prohibited. ~ commercial vehicle for
such home occupation shall be prohibited from affixing:
either temporary o__r permanent, any type o__f advertising o__n
said vehicle. A comm.ercial vehicle can be used to
temporarily store materials o._~r ~ provided said items
are stored within an enclosed ~Dmpartment of the vehicle.
Page 404.1. 20A-6.1(C)(14)(6)
Existing Language: No commodity or product of any home
occupation shall be delivered from the premises to any person
or carrier. Any such product or commodity shall be moved
from the premises by a person who is described in
subparagraph (1), above. A reasonable amount of deliveries
of materials may be delivered to the premises by a carrier,
but such deliveries shall not exceed the number of deliveries
that may be considered normal for any residence that does
have a home occupation.
Proposed Language: No commodity or product of any home
occupation shall be delivered from the premises to any person
or carrier. Any such product or commodity shall be moved
Page 18
from the premises by a person who is described in
subparagraph (1), above. One delivery per week of m~terials
may b__e delivered to the premises b_~ a carrier.
Page 404.1, Section 20A-6.1(C)(14)(10)
Existing Language: No home occupation except an address of
convenience shall be allowed except in a fully detached
single-family residence.
Proposed Language: No home occupation except an address of
convenience shall be allowed.
Page 409, Section 20A-6.1(C)(19)(10)
Existing Language: Where a violation of these restrictions
on the use of model homes is determined to exist by the city
council pursuant to procedures of section 20A-11.1(C)(4) of
this chapter, the certificate authorizing such model home use
shall be revoked and no such certificate shall be reissued
for a period of one year following the date of the city
council's determination.
Proposed Language: Where a violation of these restrictions
on the use of model homes is determined to exist by code
enforcement pursuant to procedures of section 20A-11.1(C) of
this chapter, the certificate authorizing such model home use
shall be revoked and no such certificate shall be reissued
for a period of one year following the date of the Cod__e
Enforcement Board's determination.
Page 530, Section 20A-8.2(19), Marinas
Existing Language, One space for each three hundred (300)
square feet of principal building, two (2) parking spaces for
each houseboat, plus one space for every three (3) storage or
slip places. Charter and party boats shall have one parking
space for every three (3) occupants based on the maximum
capacity of the Coast Guard License.
Proposed Language: One space for each three hundred (300)
square feet of principal building, two (2) parking spaces for
each houseboat, plus one space for every three (3) storage or
slip places. Charter and party boats shall have one parking
space for every three (3) occupants based on the maximum
capacity of the Coast Guard License. Rental facilities for
Page
vessels and similar items such as ~et skis, windsurf~n.g shall
maintain one s~ace for every vessel or similar item such as
~et skis and windsurfinq and one space for every two
~mployees.
Page 536, Section 20A-8.5 (A)(5) Design and specifications
for parking and loading areas.
Existing Language: All publicly maintained and operated
parking facilities intended for public use, and all
businesses, firms or other persons licensed to do business
with the ~ublic, shall provide parking spaces for the
handicapped as set forth below:
Proposed Language: All publicly maintained and operated
parking facilities intended for public use, and all
businesses, firms or other persons licensed to do business
with the public, shall provide non-porous parking spaces for
the handicapped as set forth below:
Page 536.1, Section 20A-B.5(B), Entries, exits, drives and
vehicle maneuvering areas.
Existing Language: Ail uses which are required to provide
three (3) or more off-street parking spaces shall have entry
and exit ways and drives at least twenty-four (24) feet in
width to accommodate two-way traffic unless a one-way traffic
system is utilized, in which case entry and exit ways and
drives shall be at lease twelve (12) feet in width. In the
event a one-way traffic system is utilized, appropriate
traffic direction markers shall be installed. The internal
circulation system, including drives and maneuvering areas,
shall be designed to permit convenient maneuvering of cars
and service vehicles into and out of each parking and loading
space, and shall be arranged so that no vehicle need back
onto a public right-of-way. No occupied parking or loading
space shall interfere with access to any other parking or
loading space, or with any pedestrian walkway.
Proposed Language: All uses which are required to provide
three (3) or more off-street parking spaces shall have entry
and exit ways and drives at least twenty-two ~ feet in
width to accommodate two-way traffic unless a one-way traffic
system is utilized, in which case entry and exit ways and
drives shall be a least twelve (12) feet in width. In the
event a one-way traffic system is utilized, appropriate
traffic direction markers shall be installed. The internal
circulation system, including drives and maneuvering areas,
Page 20
shall be designed to permit convenient maneuvering of cars
and service vehicles into and out of each parking and loading
space, and shall be arranged so that no vehicle need back
onto a public right-of-way. No occupied parking or loading
space shall interfere with access to any other parking or
loading space, or with any pedestrian walkway.
Page 694, Section 20A-10.3 (14)
The applicant for site plan review may, at his option, submit
a prelimin~ry site plan sketch indicating a general idea of
how it is proposed to develop the parcel. Upon tentative
approval of a sketch, the applicant can then proceed to have
a detailed site plan prepared in accordance with the
requirements in this section.
Proposed Language: The applicant for site plan review may,
at his option, submit a preliminary site plan sketch
indicating a general idea of how it is proposed to develop
the parcel. Upon tentative approval of a sketch, the
applicant can then proceed to have a detailed site plan
prepared in accordance with the requirements in this section.
In no event shall such tentative ~ b_~ the Plannln___q and
Zoning Commission be deemed to provide the aDglicant with
vested riqhts in the preliminary site ~ sketch or with
respect to an~ land use suq_q~sted therein.
ldamend.doc
Page 21
Page 325, Section 2OA-5.6, Wastewater facilities.
Existing Language: Whenever a lot is not served by an
approved sanitary sewer, there must be provided such open
space as required by the board of health for septic tank and
drainage field to serve the uses erected on such lot. Such
sanitary installations may be located in a front or side
yard, but not closer than five(5) feet to any lot tine or
within any easements. Notwithstanding, no septic tank shall
be located within seventy-five(75) feet of mean high water
(MHW) along the Indian and Sebastian Rivers. All package
plants must conform to the applicable standards of Florida
Department of Environmental Regulation (DER) relative to
their location to the mean high water line.
Proposed Language:
facilities.
Section 20A-5.6, Wastewater and Water
(a) Wastewater facilities. Whenever a lot is not served by
an approved sanitary sewer, there must be provided such open
space as required by the Board of Health for septic tank and
drainage field to serve the uses erected on such lot. Such
sanitary installations may be located in a front or side
yard, but not closer than five (5) feet to any lot line or
within any easements. No septic tank shall be located within
seventy-five (75) feet of mean high water (MHW) along the
Indian and Sebastian Rivers. All package plants must conform
to the applicable standards of Florida Department of
Environmental Regulation (DER) relative to their location to
the mean high water line.
(b) Whenever a lot is not served b~ an approved central
water system. ~ private well may be provi, ded as required by
the Board of Health provided all wells (irrigation and
potable water) shall be located within either the side or
rear Yard.
Page 396, Section 20A-6.1(C)(3)(b)(1)
Existing Language: The site shall be located on a paved
public road with sufficient width to accommodate pedestrian
and vehicular traffic generated by the use. The facility
should be located near a major thoroughfare or collector
street so as to discourage traffic along residential streets
in the immediate area.
Proposed Language: The site shall be located on a paved
public road with sufficient width to accommodate pedestrian
and vehicular traffic generated by the use. A facility
Page 22
located within the RS-lO district shall be located on a major
collector road or larger as designated on the City's ~
thoroughfare map. The facilities located in all other zoning
districts shall be located near a major collector street so
as to discouraqe traffic along residential streets in the
immediate area.
Page 536.1, Section 20A-8.5(D) Off-street loading
regulations.
Existing Language: Off-street loading regulations. The
following spaces shall be provided for the uses indicated=
Every hospital, institution, hotel, commercial or
industrial building or similar use having a floor area in
excess of five thousand (5,000) square feet or fraction
thereof requiring the receipt or distribution by vehicle
of materials and merchandise shall have at least one
permanently maintained off-street loading space for each
five thousand (5,000) square feet of gross floor area or
fraction thereof.
Retail operations, wholesale operations and industrial
operations with a gross floor area of less than ten
thousand (10,OOO) square feet shall provide sufficient
space so as not to hinder the free movements of vehicles
and pedestrians over a sidewalk, street or alley.
Each space shall have a direct access to a public right-
of-way and shall have the following minimum dimensions=
(a) Length: Twenty-five (25) feet: a larger length
upward to thirty-five (35) feet may be required upon
recommendation by the City Engineer and approval of
the Planning and Zoning Commission.
(b) Width: Twelve (12) feet.
(c) Height: Fourteen (14) feet.
Proposed Language= Off-street loadinq._ spaces shall be
provided and maintained i__n accordance with the following
schedule~
~ For buildings o__r structures containing retail~ ~ood
store, restaura,~.., laundrY, dry cleani, n.~ or similar
retail or service uses which have an aggregate gross
floor area of:
Over ~ sg, ~but not over 2.5.:OOO sq. ft - One (1)
space~
Page 23
Over 25.000 ~ ~ but not over 60,000 sq. ft - Two
Over 60,000 sg, f~..~, but not over 120.,OOO s__q. ft. -
Three (3) spac~s~
Over !20,OOO sq. ft., but not over 200 000 sq. ft - Four
(4) spaces:
Over 200,OO9 ~ ft.. but not over 290,000 sq. ft. o__r
~or.fraction thereof - One (1) space fo__r every 100,000
sq.. ft___._
(2) For each auditorium, exhibition hall, museum, hotel or
motel, office buildinq, or similar use, which has an
aqgre~a~e ~ floor area of over ten thousand ~10,OOO) sq.
.ft., but not over forte ~ (40,000.) sq. ft., one (1)
space] plus one (1) space for each additional sixty thousand
(60.000) ~ ft. over forty thousand ~ s~. ft.
fraction thereof.
(3) For any light manufacturing~ warehouse ~esearch and
developmen%.~ assemblE or similar industrial uses which has
are~ gross floor area of:
Up t__o 15.0OO sq. ft. - One (1) space~
Over 15,0OO s~. ~ but not over 40.000 sq. ft. - Two
(2) spaces:
Over 40~ s~. ft.. but not over 65,000 sq. ft - Three
spaces:
Each additional 80 000 s~. ft. over 65,000 sq. ft. - One
(1) additional space.
(4) For ~ use not specifically mentioned in this section,
the reqqirements for off-street loading for a use which is
mentioned and to which the unmentioned use is similar shall
~ Where there is any ~stion as to the off-street
loading needs of anv other use, said numbe__~__r shall ~.e
determined and fixed b~ the Co~ Development Director.
Off-street loading ~acllities to meet the needs of one use
shall not be considered as meeting the off-street loading
needs of ~ other use.
No area supplied to meet the ~ off-street ~
areas for a use shall be utilized for or be deemed to meet
Page 24
the requirements of this section for off-street loading
facilities.
Nothing in this section shall prevent the collective, ~oint
or combined provision o__f off-street loading facilities
two (2) or more building_~ or usesL provided, that such off-
street loading facilities are equal in size and capacitv t__o
th___~e combined requirements of the several buildings or uses
and are so located and arranged as to be usable thereby_=.
Plans for buildinq~ or uses requiring off-street loading
facilities.~nder the provisions of this section shall clearly
indicate the location, dimensions, clearance and access of
all such required off-street loadin~ facilities.
Each space shall have a direct access to a public right-
of-way and shall have the following minimum dimensions:
(a) Length: Twenty-five (25) feet; a larger length
upward to thirty-five (35) feet may be required upon
recommendation by the City Engineer and approval of
the Planning and Zoning Commission.
(b) Width: Twelve (12) feet.
(c) Height: Fourteen (14) feet.
Page 647, Section 2OA-10.1 Applicability and filing
procedure.
Existing Language: Site plan approval as provided for herein
shall be required for each of the following:
All permitted uses except single-family homes and
duplexes. Single-family homes and duplexes located
within a flood hazard area, as determined by the City
Engineer, must comply with subsection 20A-10.2(H). In
addition, single-family homes located on the east side of
Indian River Drive must file a site plan pursuant to the
procedures of this article, as required by Section 2OA-
3.11.
2. Ail conditional uses.
Any use or change in use resulting in five thousand
(5,000) square feet of impervious surface area on the
entire site.
Page 25
Proposed Language, Site plan approval as provided for herein
shall be required for each of the following:
An3 new construction and additions to buildings, parkin~
areas, or drainage facilities ~ for sinqle-~amily
homes and duplexes. In addition., single-family homes and
duplexes located on the east side of Indian River Drive
must file a site plan pursuant to the p. rocedures of this
article a__s required by Section 20A-3.11.
Any chang9 of use within an ~ ~ which
results with an increase of intensification of parkinq.
The fillin~ o__r excavation of ~ands located on the east
side of Indian River Drive.
4. AI_~I conditional uses.
Page 649, Section 20A-10.1(C)
plans.
Minor modifications of site
Existing Language: Minor modifications to approved site
plans shall include changes such as the,
Addition of awnings, canopies or other ornamental
structures; redesign and different location of pools,
parking spaces, drives and driveways~ or modifications in
stairs or elevations of decks, porches, terraces and
fencing~
Addition of parking spaces not to exceed twenty-five (25)
percent, including fractions thereof, of the total number
of existing parking spaces or five (5) spaces, whichever
is the greater amount~
Attached or detached additions to buildings which do not
increase the floor area in excess of five hundred (500)
square feet~
Installation of utility system improvements including
buildings not exceeding two hundred (200) square feet.
Such changes to approved site plans shall be reviewed by the
Building Official and City Engineer. If the Building
Official and City Engineer have no objection to the request
based on its compliance with this code, such minor
modifications may be approved by the chairman of the Planning
and zoning Commission or a member designated by the chairman.
if approved as a minor change, the site plan shall not be
required to be returned to the Planning and Zoning Commission
Page 26
for resubmission. The chairman shall report each change so
approved to the Planning and Zoning Commission for the record
at the next scheduled meeting.
Aside from minor modifications to site plans as herein
defined, any change in use of buildings, structures, land or
water, or institutions of new uses, or alteration or major
improvements to existing structures, or erection of new
buildings or structures, shall require a new site plan
submittal in accordance with all procedures and provisions of
this code.
Proposed Language: Minor modifications to approved site
plans shall include changes such as the~
Addition of awnings, canopies or other ornamental
structures; redesign and different location of pools,
parking spaces, drives and driveways; or modifications in
stairs or elevations of decks, porches, terraces and
fencing;
Addition of parking spaces not to exceed twenty-five (25)
percent, including fractions thereof, of the total number
of existing parking spaces or five (5) spaces, whichever
is the greater amount;
Attached or detached additions to buildings which do not
increase the floor area in excess of five hundred (500)
square feet;
Installation of utility system improvements including
buildings not exceeding two hundred (200) square feet.
Such changes to approved site plans shall be reviewed by the
Building Official and City Engineer. If the Building
Official and City Engineer have no objection to the request
based on its compliance with this code, such minor
modifications may be approved by the chairman of the Planning
and Zoning Commission or a member designated by the chairman.
If approved as a minor change, the site plan shall not be
required to be returned to the Planning and Zoning Commission
for resubmission. The chairman shall report each change so
approved to the Planning and Zoning Commission for the record
at the next scheduled meeting.
NOTE: Delete the last Daraqra~h of this section which would
be i..n conflict with Section 20A-10.1, Applicability a.nd
filin~ procedure.
Page 27
Existing Language: Currently the Land Development Code
provides for child care facilities as a conditional use
permit only in the residential districts. The proposed
amendment would expand the child care facility use within the
commercial districts.
Proposed Language: Amend Section 20A-3.8(C)(COR), Section
2OA-3.8 (A)(C)(C-512), Section 20A-3.9(C)(CL), Section 20A-
3.16(C)(P.S.) and 20A-3.10(C) (CG) to include child care
facilities within the conditional use.
Page 760, Section 20A-11.3(C)(3)(a)
Existing Language: Officers. Pursuant to Section 163.180
(3), Florida Statutes, the Commission shall elect a Chairman
and Vice Chairman from among its members. The Commission
shall appoint a secretary who may be an employee of the City.
Proposed Language: Officers. Pursuant to Section
163.180(3), Florida Statutes, the Commission shall elect a
Chairman and Vice Chairman from among its members. The
Commission shall appoint a secretary who may be an employee
of the City. Officers of the Board shall be elected b_~ ~
majority of vote of the membership at the first meeting after
their initial appointment and annuallv thereafter.
Page 760, Section 20A-11.3(C)(3)(d)
Existing Language: Procedures for local planning agency.
Rules of the Planning and Zoning Commission shall also apply
to the commission acting under powers extended to the local
planning agency in Chapter 163. Members of the local
planning agency shall continue to be appointed and follow
such rules of procedure, methods of choosing officers,
setting of public meetings, providing of financial support
and accomplishing its duties as provided in existing city
ordinances. All meetings of the local planning agency shall
be public meetings and all agency records shall be public
records. The local planning agency shall encourage public
participation.
Proposed Language: Procedures for local planning agency.
Rules of the Planning and Zoning Commission shall also apply
to the commission acting under powers extended to the local
planning agency in Chapter 163. Members of the local
planning agency shall continue to be appointed and follow
such rules of procedure, methods of choosing officers,
setting of public meetings, providing of financial support
Page 28
and accomplishing its duties as provided in existing city
ordinances. All meetings of the local planning agency shall
be public meetings and all agency records shall be public
records. The local planning agency shall encourage public
participation. A written aqenda shall be prepared prior to
each meetin~ with a cut off date as established by the
commission. Items not on the written aqenda for each meetinq
may be added to the a~ ~ upon unanimous consent of all
commission members present at that meeting.
Page 772, Section 20A-11.8(D) Action following review by City
Planning a~d Zoning Commission.
Existing Language: After review of the proposed
comprehensive plan amendment, and the revision relating
thereto, the City Clerk shall place the proposed amendment,
with comments .from the Planning and Zoning Commission, on the
next available meeting agenda for City Council review and
possible direction from City Council to the City Attorney for
preparation of an ordinance. The applicant shall be advised
of the time and.place of the meeting.
After the ordinance has been prepared by the City Attorney,
the City Clerk shall schedule the first reading of the
ordinance regarding the proposed comprehensive plan amendment
on the next regularly scheduled council meeting. The first
reading shall ~ u.~_~_ _ ~
be a~ubllc hearin at which time the City
Council will consider approval of the ordinance and whether
to submit the proposed amendment to the Department of
Community Affairs, State of Florida ("DCA") for review and
comments. Notice of the first public hearing shall be as
required by general or special law.
The City Council shall consider, for purposes of transmittal,
each amendment to the comprehensive plan, to the Department
of Community Affairs. An affirmative vote of three (3)
members of the City Council is required for favorable action
on a proposed comprehensive plan amendment. This
deliberation of the City Council shall consider the criteria
set forth in Section 20A-11.8(C), together with the findings
and recommendations of the Planning and Zoning Commission,
The application for the proposed amendment shall be deemed
denied if the City Council denies transmittal to DCA.
Likewise, if the City Council denies transmittal of a
proposed comprehensive plan amendment, which includes
concurrent rezoning requests, said rezoning request shall be
deemed denied as well. At the conclusion of the transmittal
public hearings, the City Council will announce its intention
to hold a second public hearing on all proposed comprehensive
plan amendments that have been approved for submittal to DCA.
Page 29
Ail proposed comprehensive plan amendments that have been
approved for submittal to DCA must be accompanied by ten (10)
copies of each proposed amendment at the time of transmittal.
The transmittal letter shall contain a brief description of
the action taken by the City through the date of the
transmittal letter, and the contact person for the City
regarding any inquiries concerning the proposed comprehensive
plan amendment. Proposed comprehensive plan amendments shall
be submitted only twice per calendar year that is January 31
and July 31. If the City Council does not approve the
proposed comprehensive plan amendments for transmittal until
after the January 31 or July 31 dates, they will be submitted
in the nex~ transmittal period.
After return of the comments from DCA, the City shall, within
sixty (60) days of receipt of said comments, .schgdule the
proposed comprehensive plan amendment for the second public
hearing by the City Council. The second hearing shall be a
public hearing requiring notice provided by general or
special law. An affirmative vote of three (3) members of the
City Council is required for favorable action on the second
reading of the proposed comprehensive plan amendment
ordinance. The City Clerk shall notify the applicant by
letter within five (5) days after the council decision
advising each applicant of the action taken by City Council
on the applicant's proposed comprehensive plan amendment.
The City Clerk shall prepare a transmittal letter to the DCA
regarding all amendments approved by the City Council. The
letter shall be accompanied by five copies of the agenda for
each approved amendment and five (5) copies of the recorded
ordinance amending the comprehensive plan. The letter shall
also contain a review of all action taken by the City prior
to final transmittal, together with the contact person for
the City who will be able to answer any inquiries regarding
the proposed amendment.
Proposed Language~ After review of the proposed
comprehensive plan amendment, and the revision relating
thereto, the City Clerk shall place the proposed amendment,
with comments from the Planning and Zoning Commission, on the
nex~ available meeting agenda for City Council review and
possible direction from City Council to the City Attorney for
preparation of an ordinance. The applicant shall be advised
of the time and place of the meeting.
After the ordinance has been prepared by the City Attorney,
the City Clerk shall schedule the first reading of the
ordinance regarding the proposed comprehensive plan amendment
Page 30
on the next regularly scheduled council meeting. ~~
at which time the City
Council will consider approval of the ordinance .and whether
to submit the proposed amendment to the Department of
Community Affairs, State of Florida ("DCA") for review and
comments. Notice of the first public hearing shall be as
required by general or special law.
//^~,~/~'lThe City Council shall consider, for purposes of transmittal,
eac
h amendment to the comprehensive plan, to the Department
of Community Affairs. An affirmative vote of three (3)
members of the City Council is required for favorable action
on a proposed comprehensive plan amendment. This
deliberati6n of the City Council shall consider the criteria
set forth in Section 20A-11.8(C), together with the findings
and recommendations of the Planning and Zoning Commission.
The application for the proposed amendment shall be deemed
denied if the City Council denies transmittal to DCA.
Likewise, if the City Council denies transmittal of a
proposed comprehensive plan amendment, which includes
concurrent rezoning requests, said rezonlng request shall be
deemed denied as well. At the conclusion of the transmittal
public hearings, the City Council will announce its intention
to hold a second public hearing on all proposed comprehensive
plan amendments that have been approved for submittal to DCA.
Ail proposed comprehensive plan amendments that have been
approved for submittal to DCA must be accompanied by ten (10)
copies of each proposed amendment at the time of transmittal.
The transmittal letter shall contain a brief description of
the action taken by the City through the date of the
transmittal letter, and the contact person for the City
regarding any inquiries concerning the proposed comprehensive
plan amendment. Proposed comprehensive plan amendments shall
be submitted only twice per calendar year that is January 31
and July 31. If the City Council does not approve the
proposed comprehensive plan amendments for transmittal until
after the January 31 or July 31 dates, they will be submitted
in the next transmittal period. If there are no ~
comprehensive plan amendments to be transmitted a__t the end o__f
January 3--1 or July 31, said deadline date shall be extended
until the end of each succeedinq month until at least one
comprehensive plan amendment is read~ for transmittal.
After return of the comments from DCA, the City shall, within
sixty (60) days of receipt of said comments, schedule the
proposed comprehensive plan amendment for the second public
hearing by the City Council. The second hearing shall be a
public hearing requiring notice provided by general or
special law. An affirmative vote of three (3) members of the
City Council is required for favorable action on the second
Page 31
reading of the proposed comprehensive plan amendment
ordinance. The City Clerk shall notify the applicant by
letter within five (5) days after the council decision
advising each applicant of the action taken by City Council
on the applicant's proposed comprehensive plan amendment.
The City Clerk shall prepare a transmittal letter to the DCA
regarding all amendments approved by the City Council. The
letter shall be accompanied by five copies of the agenda for
each approved amendment and five (5) copies of the recorded
ordinance amending the comprehensive plan. The letter shall
also contain a review of all action taken by the City prior
to final tTansmittal, together with the contact person for
the City who will be able to answer any inquiries regarding
the proposed amendment.
Page 537, Section 20A-8.5(E)(2)
Existing Language: Porous surfaces. The use of porous
parking surfaces suitable for use on specific sites within
the city and so demonstrated by the land owner or his
designated agent may be approved by the planning and zoning
commission upon recommendation of the city engineer, as an
alternative to the surface requirements of subsection 20A-8.5
(E)(1) subject to the following requirements. The
consideration, approval and use of porous paving shall be
limited to places of worship, establishments which have
parking needs not on a daily basis, business endeavors using
valet parking, or sites located east of Indian River Drive:
Proposed Language: Porous surfaces. The use of porous
parking surfaces suitable for use on specific sites within
the city and so demonstrated by the land owner or his
designated agent may be approved by the planning and zoning
commission upon recommendation of the city engineer, as an
alternative to the surface requirements of subsection 2OA-8.5
(E)(1) subject to the following requirements. The
consideration, approval and use of porous paving shall be
limited to places of worship, establishments which have
parking needs not on a daily basis, business endeavors using
valet parking, or sites located east of U.S. #1:
Page 823, Section 20A-12.2
Existing Language: Commercial amusement, unenclosed. A
commercial amusement which is conducted in an outdoor area or
in an unenclosed structure. This definition includes, but is
Page 32
not limited to, the following: drive-in theaters, miniature
golf courses, golf driving ranges, animal or vehicular race
tracks, amusement parks and stadiums.
Proposed Language: Commercial amusement, unenclosed. A
commercial amusement which is conducted in an outdoor area or
in an unenclosed structure. This definition includes, but is
not limited ~ the following: drive-in theaters
drivinq ~ animal or vehicular rac9 tracks amusement
~ and stadiums.
Page 397, Section 20A-6.1(C)(3)(b)(6)
Proposed Language: "(6) A fenced area of usable outdoor
recreation area of not less than forty-five (45) square feet
per child (based on the maximum capacity of the child care
facility as determined by the applicable Florida laws) shall
be provided and such area shall be delineated on the site
plan submitted at the time the application is filed. For
purposes of this provision, the term "usable outdoor
recreation area" shall be limited to the following:
(a)
That area not covered by building or required off-street
parking spaces, which is fenced and screened from
adjacent property boundaries.
(b) That area outside the limits of the front yard setbacks.
(c)
Only that area which can be developed for active outdoor
recreational purposes.
(d)
An area which occupies no more than eighty percent (80%)
of the combined total areas of the rear and side yards."
Proposed Language: "(6) A fenced area of usable outdoor
recreation area of not less than forty-five (45) square feet
per child (based on the maximum capacity of the child care
facility as determined by the applicable Florida laws) shall
be provided and such area shall be delineated on the site
plan submitted at the time the application is filed. For
purposes of this provision, the term "usable outdoor
recreation area" shall be limited to the following:
(a)
That area not covered by building or required off-street
parking spaces, which is fenced and screened from
adjacent property boundaries.
(b) That area outside the limits of the front yard setbacks.
Page 33
(c)
(d)
(e)
Only that area which can be developed for active outdoor
recreational purposes.
An area which occupies no more than eighty percent (80%)
of the combined total areas of the rear and side yards."
No usable outdoor recreational area shall be utilize,d
within any dedicated easement.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
DATE'
xO.
FROM:
July 29, 1992
.Mayor and City Council
Planning and Zoning
RE: Land Development Code Changes
At the regular meeting held on July 16th, 1992, the Planning
and Zoning Commission reviewed and discussed the proposed
Land Development Code Changes as presented by Staff.
The following motion was made after discussions:
A motion ~o recommend to City Council that the Land
Development Code Changes be approved as submitted except for
Page 14 from 326.8 thru Page 15. Motion passed unan~mous!y.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
ADDITIONAL BACKUP CONCERNING
ABANDONMENT OF N. CENTRAL AVENUE
Approved For Submittal BY.~7
City Manager//~~ ~ ~,.~~'/
Dept. Origin: Commun.%~¥ Development
Date Submitted: 07/30/92
For Agenda Of:
08105/92
Exhibits:
1. Letter dated 7/29/92 from Thomas
Collins with backup
2. Copy of proposed F.D.O.T.
improvements
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. Thomas Collins has included additional backup for the City Council to
review regarding the abandonment of N. Central Avenue. I have also
included the proposed F.D.O.T. improvements indicating a change in the
existing median adjacent to N. Central Avenue.
Due to the City Manager and the City Engineer both being on vacation at
this time, a verbal recommendation will be presented at the meeting by
both. If there is any additional information that you may need, please do
not hesitate to give me a call.
RECOMMENDED ACTION
Review the reguest from Mr. Thomas Collins.
Capt. Hiram's
SEBASTIAN 1NLET MARINA
Home of the 'World Famous' River Raw Bar
Waterfront Banquet Facilities · Catering Service
July 29, 1992
Mayor Lonnie Powell
City Council Members
City of Sebastain
City Hall
Post Office Box 780127
Sebastian, Florida 32978-0127
HAND DELIVERED
Dear Mayor Powell and Council Members,
Over a year ago, we approached the City regarding the
abandonment of that.portion of North Central Avenue that borders
directly to the west of our property known as Capt. Hiram's. At
that time, we consulted with the City Engineer and the
Department of Transportation (DOT) regarding an access to our
property off of Highway US #1.
This item was placed on the Council workshop agenda for February
5, 1992 and the package included Dan Ekis' recommendation, a
letter from the DOT, a memo from Charlie Nash, and copies of
deeds and surveys relating to this property. Additionally, our
neighbors both to the north and south forwarded a letter
endorsing the vacating, of this right-of-way. At that February
5th workshop, the City Council issued a vote of confidence, so
we moved forward with the necessary layout, engineering and
legal work.
On April 27th, the Florida Department of Transportation
conceptually approved the'access and egress that consequently
was presented to the City. On April 29th, we formally submitted
to the City Manager, our request for vacating the right-of-way.
At that time, we requested a curb cut on US#i, (see attached
memo dated 4-27-92 from the City). On May 6th, at the Council
workshop, the abandonment was unanimously approved.
After that, the City Attorney drafted the ordinance wherein the
City would have the final say on how any access or egress would
be provided to the property. On June 17, 1992, at the first
reading of the ordinance, the City Council unanimously voted to
set the final reading and public hearing for July 8th.
By Car: 1606 Indian River Drive, Sebastian, FL 32958 By Boat: Marker 66 on the Intracoastal Waterway
Phone: (407) 589-4345 FAX: (407) 589-4346
Mayor Powell and Council Members
July 29, 1992
Page 2
During this time period, we also applied to the Planning and
Zoning commission for approval to construct a new dockhouse and
motel building on the far southeast corner of our property
located east of Indian River Drive. When we applied to the
P&Z, Bruce Cooper suggested that we also include the portion of
Central Avenue that was being considered for abandonment by the
City. We took ~him up on his suggestion with the clear
understanding that .any P&Z approval on the portion to be
abandone~ would be subject to City Council action.
Evidently, at the July 8th Council meeting, (which I,
unfortunately was unable to attend), where the ordinance was to
be presented for the final public hearing, questions arose as to
how cars would enter and leave our property. We thought this
issue had already been addressed with City Staff. There may
have also been a perception that we were trying to circumvent
the City Council by obtaining P&Z approval before the final City
Council action. This was not the casa, as we were only acting
on the City Staff's advice. Quite honestly, we were of the
belief that the document provided for the City's review and
approval for any access or egress after the ordinance was
adopted.
In the meantime, we have met with City Staff and have conveyed
our position that we are agreeable to an access and egress off
of US#i aligning with our parking lot, or an access only off of
US#1 with an exit to Central Avenue. We are enclosing drawings
of two options, either of which would be quite acceptable to us.
You will recall this entire matter came about due to the unsafe
situation that exists when ears are allowed to exit onto Central
Avenue at potentially a high rate of speed. In fact, the City
Engineer is on record skating, that this is a hazardous
situation. In addition, I am enclosing correspondence from
DOT wherein they also state it is a hazardous arrangement. In
fact, the DOT is pleased to hear the intersection may be
corrected at the property owner's expense and i quote the DOT
letter of March 17, 1992, "When the property owner suggested
building this improvement at his own expense, we strongly
supported his efforts". Regarding the safety factor, I again
quote the DOT letter when they say, "It will greatly reduce the
potential for collisions, such as the fatal crash which occurred
at this spot last year". I am also enclosing a copy of a letter
from Kimberly-Horn and Associates, Inc., a large engineering
firm, wherein they say, "the existing configuration of Central
Avenue does present a potential safety hazard."
Mayor Powell and Council Members
July 29, 1992
Page 3
We have agreed to do the necessary site improvements, which will
include the access or access and egress as the case may be,
landscaping and planting sod in the area where the road is
removed. I might point out that the estimated cost for these
improvements total approximately $25,000, which we have also
agreed to pay for.
If you need any additional information, please do not hesitate
to give ~e a call.
Sincerely,
Thomas H. Collins
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT:. Va...at],ng Central
Av~rltle
Approved for ,~ubmittal By:
City Hanager
EXPEI,IDI TURE
REOUI RED-
A~enda No.
Dept. Origin
Date Submitted 04-30-92
For Agenda of 05-06-92
Exhibits: Collins Letter of
4-29-92 with attachments
FDOT notice of Conceptual
review dated 4-27-92
AMOUNT
BUDGETED:
$~M~ARY S3~ LTJ~LT
As ~lty Engineer, [ have reviewed Tom Collins~ request
for vacation of a portion of Central Avenue and find
~easQnable and beneficial without any adverse impact on
the traffic flow pattern, utilities or storm water
drai~la~e system. From an~'Engtn~erihg ~tan~point~d as
collaborated by FDOT the vacation of this ~l~ht of way
will eliminate a safety hazard and improve public safety.
Hr. ~ollins' letter sta't'~s th6y haw corttacted their
neighbors to the north and south and they do not have any
objections to the vacation of the riEht of way as long as
the sidewalk can be maintained between both properties.
In addition, their boat storage operation would not be
expanded and they have agreed to provide handicappp~ '
ramps and ]at~dscap]ng.e~On~ U.S. ~]. The owners of
Capt'.ait) }lira,n's would be fully responsible to pay all
costs associated with the removal and improvements to
effect, the elimination of that portion of Central
Avemme. They are also requestin~ a curb cut on U..S.
located approximately 100 feet from the Oyster '~ay Re~rt
entrat]ce. They will maJntain access to North Central
Avenue to allow traffic to exit to Southbound U.S.
]{ighway
Hove t.o direot the City Attorney to draft an ordinance to
va~-at~, ~.nd abandon that portion of Nor[.}~ " '
' "... . Central Avenue
Capt. IrIirmn '~
SEBASTIAN INLET MARIA
o th 'Wo.d River Raw Bar
Waterfront Banquet Facilities * Catering Se ice
'To
April 29, 1992
Mr. Robert $. McClary, City Manager
City of Sebastian
City Hall
Post OffiCe Box 780127
Sebastian, Florida 32978-0127
Re: Vacating Central Avenue
Dear Rob,
Enclosed please find schematic drawings of the existing and
proposed alignment of Central Avenue where it intersects US#1 in
front of our property. As you know, the City Council gave us a
vote of confidence to pursue vacating this right-of-way based on
the fact that it would eliminate a notable safety hazard and at
the same time allow the property to be used in a more productive
manner.
You will note that we are requesting only one access off of US#1
along the 300 + feet that would front on the highway. The
Department of Transportation has approved this plan and a letter
is on its way, a copy of which we will provide to your office.
We also intend to meet with Florida Power & Light to work out
any necessary easements or relocation of power lines. Any of
this work would be at our expense.
At this point, we have no specific plans for the property,
however we are reviewing several options for a mixed use
facility that would parallel the recommendations of the
Riverfront Committee and hopefully provide a focal point of the
Riverfront District. We would expect that the current GMC
zoning or the proposed General Commercial Zoning would extend to
this property, and of course, any of our plans would comply with
the Land Development Code. I would stress that we do not want
to extend our current boat storage facility onto this new
property and would also agree to provide sidewalks with handicap
ramps and landscaping along US#1.
By Car: 1606 indian River Drive, Sebastian, FL 32958
Phone: (407) 589-4345
By Boat: Marker 66 on the Intracoastal Waterway
FAX: (407) 589-4346
Mr. Robert $. McClary, City Manager
April 29, 1992
Page 2
We have presented this plan to our adjoining neighbors to both
the north and south, and they have expressed no objection. I
would also like to point out that in addition to the traffic
safety improvements, the City will. receive additional tax
revenue when the property is added to the tax rolls.
Furthermore, including this property within our overall
improvemen~ plans will increase tax revenues, create more jobs,
and enhance the tax base yet further when the property is
completely developed.
It is our understanding that this matter will be placed on the
City Council Workshop agenda for Wednesday, May.6, 1992. We
-will be available'at the Workshop to explain and discuss this
matter with Council and others. Until then, if you or your
staff require more information, please contact either Dick Smith
or me. we sincerely appreciate the City's continuing interest
and cooperation.
Very truly yours,
Thomas H. Collins
cc:
Martin Carter
Jim Hoffman
Dick Smith
JAN-15-199~ 16:~6 ~ROM
FLORIDA
~lST 4 MA~'NT,, FT. LAUD, TO
· 84075895100 P. 01
D. EPART! ENT OF
TRAFFIC OPBI~ATION$ - DISTRICT 4
780 Southwest 24th Street
Port Lauderdale, Florida 33315-2696
Telephone
TRANSPORTATION
January 15, 1992
Nr. Thomas H. '¢ollins
1606 Indian l~iver Drive
Sebastian, £1orida 32958
Dear Nr.- Collins:
Subject:
State Section 88010, State Road 5 (US-i)
at North Central Avenue, City of Sebastian,
Indian River County
Thank you for your letter of December 10, 1991, please excuse our
delay in responding. We are aware of the accidents which have
occurred at the referenced location and we agree with your
proposed imprbvement which will re-align the intersection of
North Central Avenue and US 1 to form a perpendicular or "T"
intersection.
For your information, the state has recently completed the design
plans for a Safety Project (State Project No. 88010-3529) ~hich
will modify the median on U$-i in this area. Specifically at the
intersection of North Central Avenue the westbound-to-southbound
left-turn movement will be prohibited. A copy of the plan sheet
has been attached for your convenience.
Unfortunately, the Safety Project Plans have been finalized and
no changes, such as your proposed improvement, can be made to
them. Me suggest that the work be done under a State Permit.
Please feel free to call us..at (305) 797-8~20 if -e can be of
further assistance.
Thank you for your efforts towards highway safety.
District ~r~ii; --''
Operations Engineer
~L:bp
Attachments
cc: ~oward ~ebb, DOT P~oject Nanager
Chris LeDew, Safety Engineer
TRAFFIC OPERATIONS - DISTRICT
780 Southwest 24th Street
Fo~t Lauderdale, Florida 333~5~2696
Telephone 305-?9?-8520
March 27, 199~-
Hr. David F. Nisbet
1150 Coverbrook Lane
Sebastian; Florida '32958
Dear Mr. Nisbet:
Subject:
State Section 88010, 8R-5 (US-i) at North'Cmntral
AVenue, City of Sebastian, Indian River County.
P~OPOS~.D ZNTZ~S~C~ION C~AN.~
This letter Im in response to your letter of February 13, 1992.to
General Council Thornton Williams.
Wm have agreed wit~the proposal to changed, he referenced '
.... . ----* ~a~l~ reauce ~e Potential' for
lest year. · ed at ~is spot
The Florida Departmsn~ of Transportation F '
~hanges to roadwa · base~ -*- (DO.T) do~s not ~ake'
Y ---.ictly on the n
· _ ! we are re=u/red to --.-- ..... un. er ?Z crashes.
aoag, which re;~lts ~n a'~;~ -a~h_?~a~, o=ourrlng on a State
· property o~m= BU,,eBbs4 ~..,..._ Y __.ld~be ~ired. ~en~e
e~~, we Btrongly supposed h~s e~E~rt~, ment at his own
s~e Roa~ ~ (US-l) is wi~ln F~ ~ '
The roadway Plans will be revi '
~t..he c/.ty Will receive ~,~,~;.~ ew.ed, during the P?rmtt stage and
Please be assured that the .P.lans wl.ll be de igned so that large
trucks will be able to use ~ne new intersection. No trial study
will be needed.
We hope that this letter has clarl~ied F.D.O.T. is position on
this issue.
·hank you for your in~erest in the safe operation of the state
Highway System.
CO:
Thornton Williams, ~sq.
F.D.O.T. General Council
Don Henders0R, District 4
Director of Opsrati0ns
Kimley-Horn and Associates, Inc.
ENGINEERS, PLANNERS . SURVEYORS
Barnett Bank Building, 601-21st Street, Suite 400, Vero Beach, Floeida 32960 407 562-7981 Fac'simile 407 562-9689
0008.52
Mr. Thomas H. Collins
President
Sebastian Inlet Marina and Trading Co.
1606 Indian River Drive
Sebastian, FL 32958
RE: Proposed Central Avenue Modifications
At the reques~ of Mr. Dick Smith, Kimiey-Horn has pedormed a cursory review of the proposed Central
Avenue modifications. Based on the information provided by Mr. Smith and the proposed FDOT median
improvements, we believe the existing configuration of Central Avenue does pre~ent a potential safely hazard.
This hazard could, in part, be remedied by the proposed abandoment assuming proper roadway design
standards are implemented (e.g. turning radius, lane width, etc.).
If you have any questions, please feel free to contact us.
Very u'uly yours,
o~O~__.~~~~SO~, INC.
AIz, P.E.
Office Manager
...letters~jcagX)0852~0085206.jca
Charlotte + Dallas * Fort Lauderdale . Fort Myers . Las Vegas · Orange · Orlando . Phoenix
Raleigh . San Diego * Stuart * Tampa . Vero Beach <, Virginia Beach · west Palm Beach
Building client relet ionlhips since 1967
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT, REQUEST FROM RICHARD FEY
REGARDING NEW PILINGS LOCATED
ADJACENT TO THE SEBASTIAN YACHT
CLUB
Approved For ~ubmittal
City Manager ...~
Agenda Number:
Dept. Origin, Community Development
(BC/~~
Date Submitted~ 07/29/92
For Agenda Of~
08/05,/92
Exhibits=
1. Affidavit To Division of State
Lands With Attached Drawings
EXPENDITURE
REQUIRED,
AMOUNT
BUDGETED,
APPROPRIATION
REQUiRED~
SUM____MARY STATEMENT
Mr. Richard Fey. owner of Channel 68 Marina, is pursuing the expansion of
his existing docking facilities located adjacent to the Sebastian Yacht
Club. The proposed new pilings are located approximately 10 feet from the
north riparian rights line which is common to the Sebastian Yacht Club's
south riparian rights line. The Division of State Lands requires all
structures and other activities to be set back a minimum of 25 feet from
this riparian rights line, unless the adjacent property owner has no
objection.
The City Manager has reviewed this request and has signed off on the
affidavit to the State subject to the ratification by the City Council.
The City Manager is willing to recommend the approval of this item
provided the applicant, Richard Fey. replaces the two channel markers and
appropriate signage located directly east of the boat ramp.
RECOMMENDED ACTION
Review the request from Richard Fey.
TO:
Leame No.
~'r~TE OF FLORIDA
,.~h~ b~tng duly ~wo~n, deposes and ~ays Ehe~ he/she has been
line. Marginal d~ckm may be set back only 1~ ;em~.
There sh~ll bm nm e~c~ption~ to ~he setback~ unl~s~ ~he
applican~'s shoreline ~?ontmg~ i~ le~ th~n &5 ~e~ or
structure t~ a ~ubaqueous utility line."
~m a-d ~ubscribmd bm~or~ ~e this ~~ay m~
State of Florida
My CommisSlOh Ey, pires:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Approved for Submittal By:
) Agenda No. ~/./PD
)
) Dept. Origin Fmanc~ (MLH)
)
) Date Submitted: July 30, 1992
)
) For Agenda Of August 5, 1992
)
) Exhibits: none
)
)
Expenditure Amount Appropriation
Re~luired: -0- Budgeted: -0- Re~quired:
SUMMARY
The date of the final public hearing adopting the millage rate and budget resolutions
may be required to be changed. After rescheduling from our original September 10,
1992 date to Tuesday 15, 1992, the Finance Department received a phone call from
Indian River County Finance Department stating they may move their date to Tuesday,
September 15, 1992. If so, we will be required .to reschedule our meeting, however,
we cannot confirm this date until Monday, August 3, 1992. The date should be able to
be approved by City Council at the August 5, 1992 workshop meeting.
RECOMMENDED ACTION
Reschedule final budget hearing meeting to a date that meets State statutes.
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
RADIO ANTENNA TOWER FOR POLICE
STATION
Approved For ~a~~
City Manager '
Agenda Number: ~.0~0
Dept. Origin, Community Development
Date Submitted: 0'7/30/92
For Agenda
08105/92
Exhibits:
1. Site Plan of Police Station
2. Profile of 150 foot tower
3. Transparency of guy anchors
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. Steve Fisher and Mr. Robert Stork from Communications International
will be present at the Council workshop meeting to answer any questions
regarding the proposed 150 foot Police Antenna Tower. Please be advised
that I have also found out through further investigation of the
engineering of this tower, that not only will there be three (3) separate
guy anchor points, there will be five (5) guy wires to each anchor point.
I have taken the engineering drawings and have drawn to scale the proposed
150 foot tower with one anchor and its five guy wires to give you a better
understanding of the visual affect. Due to the time frame of the agenda
deadline and this new information, I will provide additional backup
information to the City Council no later than Monday, August 3, 1992.
RECOMMENDED ACTION
Review the additional information concerning the 150 foot Police Antenna
Tower.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
SUBJECT~
PROPOSED AMENDMENTS TO UPDATE AND
ADOPT THE 1991 TECHNICAL CODES
Approved For Submittal
City Manager ~/~ ~ ~
Agenda Number: ~-~/
Dept. Origin: Community Development
(BC)~_.
Date Submitted: 7/29/92
For Agenda Of:
8105192
Exhibits:
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Section 7-16(a) of the City Code of Ordinances has adopted the 1988
Edition of the Standard Building Code, Mechanical Code, Gas Code, and
Plumbing Code published by the Southern Building Code Congress
International, Inc. These technical codes are updated every three (3)
years which, staff is recommending that the City Council adopt the 1991
Edition of the technical codes.
Staff would also recommend that the City Council pursue the adoption of
the 1991 Standard Fire Prevention Code, published by the SBCCI, and the
1991 Edition of the National Fire Protection Association (NFPA) 101, Life
Safety Code. Currently, the 1985 edition of these codes are being
utilized pursuant to Florida Statute 633.025(6). In order to be
consistent with the Indian River County Fire District, which is pursuing
the adoption of the 1991 codes, the City should pursue the adoption of the
1991 editions. These fire safety standards should be adopted within
Chapter 11 of the Code of Ordinances which refers to fire prevention and
protection.
RECOMMENDED ACTION
Move to recommend the City Attorney to draft the necessary ordinances for
the adoption of the 1991 technical codes.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
MEMORANDUM
DATE:
July 30, 1992
TO:
Mayor Powell, City Council Members and City Manager
FROM:
THROUGH:
Councilmember Carolyn Corum~
Kathryn M. O'Halloran---~"~
City Clerk
RE: City Streets
This is a General Development (GDC) Community. We accepted these
GDC streets. We are aware of the shoddy street work by GDC. In
the best interest of the citizens of Sebastian let's address this
issue.
Thoughts on the matter:
1) Adopt designated hauling routes;
2) set weight limits for these routes;
3) set stricter standards for the quality resurfacing of
the hauling routes;
4) have Attorney speak on legalities of these issues;
5) ask Finance to look into a fair way of letting the users
pay; and
6) sell off GDC property to pay for roads and drainage.
Questions for staff:
1) How much weight limit can our bridges take?
2) Which streets are most structurally sound?
3) What is the life expectancy of our major streets?
4) Mow long can our bridges last?
5) How much money to redo each bridge?
6) Why does the county get 100% of the impact fee?
7) Finance check into grants maybe by FDOT for bridge
repair.
In summary, let's not take the streets and drainage issue
lightly. A rational discussion on any subject relating to
Sebastian's welfare is of the utmost concern.
sam