HomeMy WebLinkAbout08071991-A M I N U T E S
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, AUGUST 7, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
PURPOSE:
CONSIDERATION OF ORDINANCE NO. 0-91-22 -
AMENDING LAND DEVELOPMENT CODE SECTION 20A-
10.2.B. - APPROVAL OF BUILDING DESIGN
1. C~Co~L To ORDER '7'~!0
2. CALL
3. CONSIDER ORDINANCE NO. 0-91-22
4. ADJOURN
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, AUGUST 7, 1991 ~ 7:00 P.M.
CITY COUNCIL CHAMBERS
1222 MAIN STREETt SEBASTIANL FLORIDA
ALL PROPOSED ORDINANCES AND INFORNUkTION ON ITEMS
BELOW M. AY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 NIAIN STREET, SEBASTIAN, FLORIDA.
PURPOSE: CONSIDERATION OF ORDINANCE NO. O-91-22 -
A34ENDING LAND DEVELOPMENT c~DE SECTION 20A-
10.2.B. - APPROVAL OF BUILDING DESIGN
1. CALL TO ORDER ~~~~
2. ROLL CALL
3. CONSIDER ORDINANCE NO. 0-91-22
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THIS CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
08/02/91 14:04 '~' 407 9,51 3741 FRESE FALLACE [~ 02
Fsrs~,, F~LI~CE, NASH & TOI~FY, ?. ~
2~TTOII.I~'I~Y8 AT LAW
930 S. I'~IA.R.BOR CITY BI,vT),
FAX (40~) 0BI-3741
VI~ TMLECOPIER AND US,.MAIL
#407-589-5570
Honorable W. E. Conyers, Mayor
and Members of the Sebastian City Council
City of Sebastian
P.O. Box 780127
Sebastian, FL 32958
Re:
Proposed Ordinance No. 0-91-22
Our File No. 88-2495 - Ordinances
Gentlemen:
Enclosed with this letter please find proposed Ordinance No. 0-
91-22 that has been drafted as an emergency ordinance and proposed
Ordinance No. 0-91-22 that was drafted as a non-emergency
ordinance. The reason I drafted this ordinance in both forms is
because I am concerned that Florida law would preclude the City of
Sebastian from enacting this type of ordinance as an emergency
ordinance.
Section 166.041(3)(b) of Florida Statutes prohibits a municipality
from enacting an emergency ordinance which enacts or amends a land
use plan or which rezones private real property. Several court
decisions interpreting this provision in Florida Statutes have been
very expansive in interpreting the term "rezones". For example,
the Fifth District Court in the 1989 decision of Daytona Leisure
Corp...v ..... Citvof. Davtgna Beach, held that an ordinance which
substantially changed the permitted use of property by prohibiting
the sale or dispensing of alcoholic beverages for consumption on
property constituted an ordinance which "rezones" private real
property. In addition, the United States District Court for the
Southern District of Florida, in the 1990 case of ut~
Entertainment Co. of Florida. Inc- v. City of Boyton Beach, held
that an ordinance which restricted the number and location of adult
entertainment establishments "rezones" private real property.
Therefore, it would be my recommendation that you do not utilize
the emergency ordinance provisions to enact proposed ordinance No.
0-91-22. Rather, I would suggest that you u~illze the general
requirements of Section 166.041(3) (a) of Florida Statutes.
0~/t~2×91 14'04
'~' 4,.~'1 951 .374
FRE..E FALLA~'E
Honorable w. E. Conyer~, Mayor
and Members of the Sebastian City Council
August 2, 1991
Page 2
also follow the requirements set forth in Section 166.041(c)2 of
Florida Statutes in connection with the type of notice that should
be advertised and the requirement of holding two advertised public
hearings on the proposed ordinance.
Very truly yours,
FR~CE, NASM & TORPY, P.A.
Charles Ian Nash
City Attorney
CIN/niz
Enclosures as ~tated
14:05 '~ 407 9ill 3741 FRESE FALLACE ~] 04
EHERGSNC¥ ORDiNI~CE NO. 0-91-22
kN EI~RGENCY ORDINI~d~CE OF THE CI~¥ OF S~BAS?I~ INDIJ~N
RIVSR COUNTY~ P~R~D~ PERTAININ~ TO THE ~PPEk~QR OF
SITES ~D STRUCTU~S~ ~ENDIN~ SECTION 20~-10.2B OF THE
~D DEVE~P~NT CODE OF THE CITY OF SEBASTI~ PROVIDIN~
CRITERIA FOR BVALUATIN~ THE AP~EA~CE OF 8iTE~ ~D
STRUCTU~$; PROVIDING ~OR
OF O~IN~CR8 IN CONFLICT HB~WITH~ PROVIDIN~ FOR
5/VE~BILITY~ PROVIDIN~ FOR ~ EFFECTIVE DATR~ PROVIDIN~
FOR ~P~L.
~EREa8, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that there is a tendency on
the part of some owners and developers to disregard beauty and
quali~y in construction and tha~ there is serious danger that
construction of inferior quality and appearance, if allowed
continue, will degrade a~d depreciate the image and beauty that the
City is s~rivin9 to obtain, resulting in adverse consequences for
the entire City;
WHEREAS, =he City Council has further determiDed ~hat poor
quality of design i~ the exterior appearance of buildings, or
the development and maintenance of structures, affects the
desirability of the immediate area and neiphborin9 areas for
residen~ial, business, industrial or other uses and, as a result,
impair~ the benefits of occupancy of existing p~operty tn such
areas, prevents the most appropriate development of such area~,
produces undesi~able conditions affecting the health, safety,
comfort and general welfare of the inhabitants of the City and
destroys the proper relationship between the taxable value of real
proper2y in such areas and the cost of municipal services provided
therefor: and
08/02/91 14't.~5 ~ 407 cast 3741 FI<E:_:E F^LLAt.'E ~ t.~:5
WHERE~, the city Council has determined that in order to
prevent these and other harmful effects, to protect the public
convenience and prosperity, to conserve the value of buildings, and
to encourage the most appropriate use of land within the City, an
emergency ordinance amending Section 20A-10.2B must be adopted
until such time as a permanent ordinance can be enacted.
NOW, THEREFORE, IT BE ENACTED BY THE CITY COUHCIL OF THE CITY
OF SEBASTI;tN~ INDI;tN R~VZR COUNTY, FLORIDa, as follows:
~ Section 20A-10.2B of the Land Development Code
of the City of Sebastian shall be amended to read as follows: .
"B. Evaluation of the appearance of a project shall be
based on the quality of its overall design and
relationship to the impacted area considering the
following factors:
1. Harmonious ov~ra!l
design. The exterior of
buildings and structures including mass, facade and
materials, shall be in harmony with the site and
general character of the impacted area. The
exterior of a building or structure shall not be
considered in harmony with the site and general
charaoter of the impacted area unless the following
criteria are complied with:
The plan for the proposed building or structure is
in conformity with and, in general, contributes to
08/02/91 14'06 '~ 407 951 3741 FRESE FALL^CE ~ 06
the image of the city as a place of beauty,
spaciousness, balance, taste, fitness, charm and
high quality.
b. The proposed building or structure is not, in its
exterior design and appearapce, of inferior quality
such as to cause the nature of the local environment
to materially depreciate in appearance and value.
c. The proposed building or structure is in harmony
with the proposed developments on land in the
general area, with the comprehensive plan for the
city, and with any precise plans adopted pursuant
to the comprehensive plan. ..
d. The proposed building or structure is appropriate
in relation to the established character of other
structures in the immediate area or neighboring
areas in respect to significant design features such
as material or quality or architectural design as
viewed from any public or private way.
e. The proposed building or structure is designed to
adequately protect unique site characteristics, such
as those related to scenic views, rock outcroppings,
natural vistas, waterways, and similar features."
~ CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
3
08/02/91 14'06 '~ 407 951 3741 FRESE FALLACE ~] 07 '
~ BEVERABILITY- In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the City Council of the city of Sebastian did not intend to enact
such invalid or unconstitutional provision, it shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
~ EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
~ REPEAL. This Ordinance shall automatically
stand repealed as of the 91st day following the date on which it
was adopted.
The foregoing Ordinance
Councilman
by Councilman
vote, the vote was as follows:
Mayor W. ~. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
councilman Lonnie R. Powell
Councilman George R. Reid
was
moved for adoption by
The motion was seconded
and, upon being put to a
14:07 '~ 4U7 9.51 3741 FRESE FALLACE ~] 0'~
The Mayor thereupon declared this Ordinance duly passed and
adopted this 7th day of August, 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AA~
city Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorne~
08/02×91 14~07 '~ 407 9S1 3741 F[~ESE FALLACE [~ 09
ORDIgXI~gE ~O. 0-gi-22
~N ORDIN~I4CB OF THE CiTY OF BEBASTI~N, INDIX~ RIVER
COU~Y~ Y~RZDA~ PERTAZNZN~ TO THE APPE~CB OF SITES
~D STRUCTU~ ~NDING SECTION 20~-10.2B OF THE ~D
DEVE~P~NT COD~ OF THE CITY OF SEB~ST~ PROVIDING
8TRUCTURES~ PROVZDZN~ FOR ~P~L OF ORDZN~CE8 OR PARTS
OF O~ZN~CEB ZN CONVICT HE.WITH; PROVIDING FOR
INClUSiON IN THE ~D DE~P~ CODE OF THE CZT~ OF
SBB~STZ~ PROVIDING FOR 8~~I~ZTY; ~D PROVZDZgG FOR
~ EFFECTIVE D~TE.
~ERE~, the City Council of the City of Sebastian, Indian
River County, Florida, has dete~ined that there is a tendency on
the part of some owners and developers to disregard beauty and
quality in construction and that there is serious danger that
construction of inferior quality and appearance, if allowed to
continue, will degrade and depreciate the image and beauty that the
City is striving to obtain, resulting in adverse consequences for
the entire City;
~ERE~S, the city Council has further determined that poor
quality of design in th~ exterior appearance of buildings, or in
the development and maintenance of structures, affects the
desirability of the immediate area and neighboring areas for
residential, business, industrial or other uses and, as a result,
impairs the benefits of occupancy of existing property in such
areas, prevents the most appropriate development of such areas,
produces undesirable conditions affecting the health, safety,
comfort and general welfare of the inhabitants of the City and
destroys the proper relationship between the taxable value of real
property in such areas and the co~t of municipal services provided
therefor; and
0~/02/91 14'07 '~' 407 9,.51 3741 FRE;.~E FALLA¢?E ~ 1(.~
WHEREAS, the city council has determined that in order to
prevent these and other harmful effects, to protect the public
convenience and prosperity, to conserve the value of buildings, and
to encourage the most appropriate use of land within the City,
Section 20A-10.2B of the Land Development code must be amended.
NOW, THEREFORR~ IT BE RNACT~D BY THE CITY CouNCIL OF THE CITY
OF SEBAflTZAN~ INDIAN RI¥~R COUNTY, PLORID~, as follows:
~ Section 20A-10.2B of the Land Development Code
of the City of sebastian shall be amended to read as follows:
"B. Evaluation of the appearance of a project shall be
based on the quality of its overall design and
relationship to the impacted area considering the
following factors:
1. H~rmoniouS .QveFall desiqg. The exterior of
buildings and structures including mass, facade and
materials, shall be in harmony with the site and
general character of the impacted area. The
exterior of a building or structure shall not be
considered in harmony with the site and general
character of the impacted area unless the following
criteria are complied with:
The plan for the proposed building or structure is
in conformity with and, in general, contributes to
the image of the city as a place of beauty,
spaciousness, balance, taste, fitness, charm and
high quality.
2
The proposed building or structure is not, in its
exterior design and appearance, of inferior quality
such as to cause the nature of the local environment
to materially depreciate in appearance and value.
The proposed building or structure is in harmony
with the proposed developments on land in the
general area, with the comprehensive plan for the
city, and with any precise plans adopted pursuant
to the comprehensive plan.
The proposed building or structure is appropriate
in relation to the established character of other
structures in the immediate area or neighboring
areas in respect to significant design features such
as material or quality or architectural design as
viewed from any public or private way.
e. The proposed building or structure is designed to
adequately protect unique site characteristics, such
as those related to scenic views, rock outcroppings,
natural vistas, waterways, and similar features."
s~~ CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
~ $~¥ERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance mhall not be affected and it shall be presumed that
08/02/91 14'0~ '~ 4o7 9,51 3741 FRE,~;E FALLA('E ~ 12
the City council of the city of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the city council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
~ CODIFICATIOn. It is the intention of the City
council of the City of sebastian, Indian River county, Florida, and
it is hereby provided that the provisions of this ordinance shall
become and be made a part of the Land Development code of the city
of Sebastian, Florida; that the sections of this ordinance may be
renumbered or relettered to accomplish such intention; and the word
,,ordinance" may be changed to ,,Section," .Article" or other
appropriate designations.
~ RFFRCTI¥~ D~TZ.
effect immediately upon final passage.
The foreqoing Ordinance
councilman _
by councilman _ "
vote, the vote was as follows:
Mayor W. ~. Conyers
vice-Mayor Frank Oberbeck
councilman peter R. Holyk
councilman Lonnie R. Powell
councilman George R. Reid
This Ordinance shall take
was moved for adoption by
The motion was seconded
and, upon being put to a
4
(.l,~.~OZ,~91 14'(.~ "~ 41.)? ~51 3741 FkE:.-:E F^LL^CE ~ lc
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
CITY OF SEBASTIA]q, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. o'Halloran, CMC/AAE
city Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1991, and
that following said public hearihg this Ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
city Clerk
Approved as to Form and Content:
lan Nash, City att'~rney
5