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HomeMy WebLinkAbout02101993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 10, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Harold Lee - First Baptist Church of Sebastian 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 93.060 Proclamation - American History Month (Recipient - Betty Bock) 7. PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action 93.048/ 92.222 Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. ORDINANCE NO. 0-93-0~ - Land Development Code Amendments First Public Hearing, Second Public Hearing Scheduled for 2/24/93 (Please refer to 1/27/93 Agenda Packet for Ordinance - Except for Amended Pages 33 and 64) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING THE DEFINITION OF PARKING GARAGES; AMENDING THE DEFINITION OF RESTAURANTS; AMENDING THE DEFINITION OF WAREHOUSING, STORAGE AND DISTRIBUTION ACTIVITIES; PROHIBITING USES AND STRUCTURES THAT ARE NOT OTHERWISE SPECIFICALLY PERMITTED; AMENDING PROVISIONS PERTAINING TO THE MINIMUM LIVING AREA IN DWELLING UNITS IN ALL RESIDENTIAL ZONING DISTRICTS, INCLUDING THE R-MH AND COR ZONING DISTRICTS; AMENDING PROVISIONS PERTAINING TO MINIMUM BUILDING SETBACKS FROM PROPERTY LINES IN ALL ZONING DISTRICTS; PROVIDING FOR GUEST HOUSES AS A CONDITIONAL USE IN THE RS-20 (SINGLE-FAMILY RESIDENTIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR HOME OCCUPATIONS AS A CONDITIONAL USE IN THE RM-8 (MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), THE RM- 12 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), AND THE R-MH (MOBILE HOME DISTRICT) ZONING DISTRICTS; PROVIDING FOR RETAIL GASOLINE SALES AS A PERMITTED USE IN THE CG (GENERAL COMMERCIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR MEDICAL SERVICES AS A PERMITTED USE IN THE COR (COMMERCIAL OFFICE RESIDENTIAL DISTRICT), THE CL (LIMITED COMMERCIAL DISTRICT), THE CG (GENERAL COMMERCIAL DISTRICT), AND THE GMC (GENERAL MARINE COMMERCIAL DISTRICT), ZONING DISTRICTS; PROVIDING FOR WIDTH REQUIREMENTS FOR RESIDENTIAL DRIVEWAYS; PROVIDING A DEFINITION OF A GUEST HOUSE; PROVIDING THAT A GUEST HOUSE SHALL BE A CONDITIONAL USE IN THE RE-40 (RESIDENTIAL ESTATE DISTRICT) ZONING DISTRICT; PROVIDING SPECIAL CRITERIA REGULATING GUEST HOUSES AS A CONDITIONAL USE; AMENDING THE CONSTRUCTION STANDARDS OF ALL RESIDENTIAL MANUFACTURED BUILDINGS, MOBILE HOMES, TRAVEL TRAILERS AND SIMILAR PORTABLE LIVING QUARTERS IN AN R-MH MOBILE HOME DISTRICT AND IN A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER IN A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER FOR MOBILE HOME SUBDIVISIONS; INCREASING THE MAXIMUM BUILDING COVERAGE REQUIRED IN AN R-MH MOBILE HOME DISTRICT AND A PUD(MH) PLANNED UNIT DEVELOPMENT; AMENDING SECTION 20A-5.1 OF THE LAND DEVELOPMENT CODE PERTAINING TO HEIGHT EXCEPTIONS; AMENDING SECTION 20A-5.2 OF THE LAND 2 DEVELOPMENT CODE PERTAINING TO PROJECTIONS AND OBSTRUCTIONS INTO A REQUIRED YARD; REPEALING PROVISIONS PERTAINING TO ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE STAIRWAYS AND BALCONIES WHICH PROJECT INTO A REQUIRED YARD; AMENDING SECTION 20A-5.5 OF THE LAND DEVELOPMENT CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF ACCESSORY BUILDINGS; AMENDING PROVISIONS PERTAINING TO FENCES ON RESIDENTIAL CORNER LOTS; AMENDING PROVISIONS PERTAINING TO UTILIZATION OF REAL PROPERTY LOCATED IN A COMMERCIAL OR INDUSTRIAL ZONED DISTRICT FOR RESIDENTIAL PURPOSES; AMENDING PROVISIONS PERTAINING TO HEIGHT RESTRICTIONS OF FENCES AND WALLS; AMENDING PROVISIONS PERTAINING TO REQUIRED SCREENS FOR GARBAGE, REFUSE DUMPSTERS; AMENDING PROVISIONS PERTAINING TO REGULATION OF OBSTRUCTIONS TO VISIBILITY ON A CORNER LOT; AMENDING PROVISIONS PERTAINING TO THE VIOLATION OF SPECIAL CRITERIA FOR MODEL HOMES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE REQUIRED PARKING SPACES FOR MARINAS; PROHIBITING POROUS SURFACES FOR HANDICAPPED PARKING SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY AND EXIT WAYS AND DRIVES; PROVIDING THAT A PRELIMINARY SITE PLAN APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON TENTATIVE APPROVAL BY THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF PRIVATE WELLS ON REAL PROPERTY LOCATED WITHIN THE CITY LIMITS; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF A CHILD CARE FACILITY IN RELATION TO THE TYPE OF STREET ADJACENT TO SAID FACILITY; AMENDING PROVISIONS PERTAINING TO OFF-STREET LOADING FACILITIES; AMENDING PROVISIONS PERTAINING TO GENERAL SITE PLAN REVIEW PROCEDURES; AMENDING SECTION 20A-3.8.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.9.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.16.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.10.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE ELECTION OF OFFICERS AND THE SELECTION OF A SECRETARY FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO PROCEDURES FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO SUBMISSION AND TRANSMITTAL OF PROPOSED AMENDMENTS TO THE COMPREHENSIVE LAND USE PLAN; AMENDING THE EXISTING DEFINITION OF A COMMERCIAL AMUSEMENT, UNENCLOSED; PROHIBITING THE UTILIZATION OF USABLE OUTDOOR RECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY DEDICATED EASEMENT; AMENDING SECTION 20A-6.1.C.14.b TO ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE 93.061 93.062/ 92.295 93.059 93. 015 IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 1/27/93, Advertised 1/4 Page Press Journal 2/2/93, 1st Public Hearing 2/10/93) 8. PUBLIC INPUT ON AGENDA ITEMS 9. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Aa Approval of Minutes - 1/27/93 Regular Meeting, 2/3/93 Workshop Bid Waiver - Sole Source - Golf Course Fertilizer - 22 Tons 15-0-15 w/ IBDU - Vigoro Industries of Ft. Pierce - $15,004.00 (Staff Recommendation dated 2/4/93, Golf Course Superintendent Memo dated 2/2/93) RESOLUTION NOv.. R-93-05 - City Engineer Computer Equipment/Software Lease (Staff Recommendation dated 2/4/93, R-93-05, Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN EQUIPMENT LEASE WITH DANIEL C. ECKIS, IN ORDER TO LEASE CERTAIN COMPUTER EQUIPMENT AND SOFTWARE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-93-03 - Street Names Changes (R-93-03) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CHANGING THE NAME OF STRATTON AVENUE; CHANGING THE NAME OF A PORTION OF BARBER STREET; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Fourth of July Committee - Request Waiver of Rental Fee and Security Deposit - Use of Community Center - Organizational Meetings - Second Tuesday of Each Month - 7:00 P.M. (City Clerk Recommendation dated 2/4/93, Malek Letter dated 2/4/93) 4 93.063 93.064/ 92.317 10. PRESENTATIONS - None 11. MAYOR AN.D CITY COUNCIL MATTERS A. Mr. George G. Reid B. Mayor Lonnie R. Powell C. Mr. Frank Oberbeck D. Mrs. Carolyn Corum E. Dr. Peter R. Holyk 12. CITY ATTORNEY MATTERS 13. CITY MANAGER MATTERS 14. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AND ZONING COMMISSION 1. Recommendation - Reappoint J.W. Thompson to Regular Member Position - Term 2/93 Through 2/96 - Eligible for Reappointment (Staff Recommendation dated 1/28/93, P & Z Memo dated 1/28/93, Five Applications) 15. OLD BUSINESS - None 16. NEW BUSINESS A. ORDINANCE NO. 0~95-06 - Tree Protection (Staff Recommendation dated Z/4/93, 0-93-06 First Reading, Set Public Hearing for 3/10/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO TREE PROTECTION, IN ITS ENTIRETY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 5 93.065/ 92.043 93.066/ 92.043 93.067 93.016 ORDINANCE NO. 0-92-07 - Rhodes Comprehensive Land Use Plan Amendment (Staff Recommendation dated 2/3/93, 0-92-07, DCA Letter dated 11/12/92, City Finding of Facts) Set Public Hearing for 3/24/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY) DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/25/92, 1/4 Page Ad 5/5/92, 1st Public Hearing 5/13/92) ORDINANCE NO. 0-92-08 - Rhodes Rezoning (staff Recommendation dated 2/3/93, 0-92-08 Set Publlc Hearing for 3/24/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH OF THE SEBASTIAN RIVER FLOODWAY FROM COUNTY ZONING DISTRICT AG-1 (AGRICULTURAL) TO CITY ZONING DISTRICT RS-10 (SiNGLE-FAMiLY RESIDENTIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 3/25/92) Donate Two Surplus Police Vehicles to the Fellsmere Police Department (City Manager Recommendation dated 2/4/93, Parish Letter dated 2/4/93) Em U.S. Fish and Wildlife - Request to Close Yacht Club and Boat Ramp - March 14, 1993 (City Manager Recommendation dated 2/5/93, USFW Letter dated 2/2/93) 6 93.068 17. RESOLUTION NO. R-93-08 - Designating City of Sebastian as "Home of Pelican Island" - Sponsored by Councilmember Reid (R-93-08) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING THE CITY OF SEBASTIAN AS "HOME OF PELICAN ISLAND"; AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE U.S FISH AND WILDLIFE SERVICE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 93.069 A. 93.070 B. Carlin J. Parker - Code Re: Commercial Trailers in Residential Zones (Parker Letter dated 1/27/93) Ron Harsh - United Media Concepts - Proposal to Videotape City Council Meetings (City Manager Recommendation dated 2/5/93, Harsh Letter dated 2/4/93) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET FEBRUARY 10, 1993 WORKSHOP (Use this form ONLY for input on items on the prepared agenda except for public hearings which have their own signup sheets. If you wish to speak during the actual discussion of the matter rather than during "Public Input on Agenda Items" please note.) SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: 2 NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: PUBLIC HEARING SIGN-UP SHEET ORDINANCE NO. O-93-01 - LAND DEVELOPMENT CODE AMENDMENTS FEBRUARY 10, 1993 REGULAR MEETING (PLEASE SEE AGENDA FOR ORDINANCE TITLE) NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: A~.~JbA rT'~ 7- NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: INTRODUCTION OF BUSINESS FROM THE PUBLIC SIGNUP SHEET FEBRUARY 10, 1993 WORKSHOP (Use this form ONLY for presentation of matters NOT on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) NAME: Carlin Parker ADDRESS: SUBJECT: NAME: Ron Harsh - United Media Concepts ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: A6£tuDA IT£1 I 17 NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 10, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. invocation was given by Reverend Harold Lee, First Baptist Church of Sebastian. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular city Council Meeting February 10, 1993 Page Two 93.060 93.048/ 92.222 AGENDA MODIFICATIONS (~DDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). None. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS ae Proclamation_- American History Month (Reci]pient - Betty Bock} Mayor Powell read and presented the proclamation, designating February as American History Month, to Betty Bock. 7. PUBLIC HEARINGj FINAL ACTION The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Mayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action Please Note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Council. ORDINANCE NO.~.. O-93-01 - Land Development Code Amendments First Public Hearing, Second Public Hearing Scheduled for 2/24/93 (Please refer to 1/27/93 Agenda Packet for Ordinance - Except for Amended Pages 33 and 64) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING THE DEFINITION OF PARKING GARAGES; AMENDING THE DEFINITION OF RESTAURANTS; AMENDING THE DEFINITION OF WAREHOUSING, STORAGE AND DISTRIBUTION ACTIVITIES; PROHIBITING USES AND STRUCTURES THAT ARE NOT OTHERWISE SPECIFICALLY PERMITTED; AMENDING PROVISIONS PERTAINING TO THE MINIMUM LIVING AREA IN DWELLING UNITS IN ALL RESIDENTIAL ZONING DISTRICTS, INCLUDING THE R-MH AND COR ZONING DISTRICTS; AMENDING PROVISIONS PERTAINING TO 2 Regular City Council Meeting February 10, 1993 Page Three MINIMUM BUILDING SETBACKS FROM PROPERTY LINES IN ALL ZONING DISTRICTS; PROVIDING FOR GUEST HOUSES AS A CONDITIONAL USE IN THE RS-20 (SINGLE-FAMILY RESIDENTIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR HOME OCCUPATIONS AS A CONDITIONAL USE IN THE RM-8 (MEDIUM DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), THE RM- 12 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), AND THE R-MH (MOBILE HOME DISTRICT) ZONING DISTRICTS; PROVIDING FOR RETAIL GASOLINE SALES AS A PERMITTED USE IN THE CG (GENERAL COMMERCIAL DISTRICT) ZONING DISTRICT; PROVIDING FOR MEDICAL SERVICES AS A PERMITTED USE IN THE COR (COMMERCIAL OFFICE RESIDENTIAL DISTRICT), THE CL (LIMITED COMMERCIAL DISTRICT), THE CG (GENERAL COMMERCIAL DISTRICT), AND THE GMC (GENERAL MARINE COMMERCIAL DISTRICT), ZONING DISTRICTS; PROVIDING FOR WIDTH REQUIREMENTS FOR RESIDENTIAL DRIVEWAYS; PROVIDING A DEFINITION OF A GUEST HOUSE; PROVIDING THAT A GUEST HOUSE SHALL BE A CONDITIONAL USE IN THE RE-40 (RESIDENTIAL ESTATE DISTRICT) ZONING DISTRICT; PROVIDING SPECIAL CRITERIA REGULATING GUEST HOUSES AS A CONDITIONAL USE; AMENDING THE CONSTRUCTION STANDARDS OF ALL RESIDENTIAL MANUFACTURED BUILDINGS, MOBILE HOMES, TRAVEL TRAILERS AND SIMILAR PORTABLE LIVING QUARTERS IN AN R-MHMOBILE HOME DISTRICT AND IN A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER IN A PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY BUILDING AND A STORM SHELTER FOR MOBILE HOME SUBDIVISIONS; INCREASING THE MAXIMUM BUILDING COVERAGE REQUIRED IN AN R-MH MOBILE HOME DISTRICT AND A PUD(MH) PLANNED UNIT DEVELOPMENT; AMENDING SECTION 20A-5.1 OF THE LAND DEVELOPMENT CODE PERTAINING TO HEIGHT EXCEPTIONS; AMENDING SECTION 20A-5.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO PROJECTIONS AND OBSTRUCTIONS INTO A REQUIRED YARD; REPEALING PROVISIONS PERTAINING TO ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE STAIRWAYS AND BALCONIES WHICH PROJECT INTO A REQUIRED YARD; AMENDING SECTION 20A-5.5 OF THE LAND DEVELOPMENT CODE PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF ACCESSORY BUILDINGS; AMENDING PROVISIONS PERTAINING TO FENCES ON RESIDENTIAL CORNER LOTS; AMENDING PROVISIONS PERTAINING TO UTILIZATION OF REAL PROPERTY LOCATED IN A COMMERCIAL OR INDUSTRIAL ZONED DISTRICT FOR RESIDENTIAL PURPOSES; AMENDING PROVISIONS PERTAINING TO HEIGHT RESTRICTIONS OF FENCES AND WALLS; AMENDING PROVISIONS PERTAINING TO REQUIRED SCREENS FOR GARBAGE, REFUSE DUMPSTERS; AMENDING PROVISIONS PERTAINING TO REGULATION OF OBSTRUCTIONS TO 3 Regular City Council Meeting February 10, 1993 Page Four VISIBILITY ON A CORNER LOT; AMENDING PROVISIONS PERTAINING TO THE VIOLATION OF SPECIAL CRITERIA FOR MODEL HOMES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE REQUIRED PARKING SPACES FOR MARINAS; PROHIBITING POROUS SURFACES FOR HANDICAPPED PARKING SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY AND EXIT WAYS AND DRIVES; PROVIDING THAT A PRELIMINARY SITE PLAN APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON TENTATIVE APPROVAL BY THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF PRIVATE WELLS ON REAL PROPERTY LOCATED WITHIN THE CITY LIMITS; AMENDING PROVISIONS PERTAINING TO THE LOCATION OF A CHILD CARE FACILITY IN RELATION TO THE TYPE OF STREET ADJACENT TO SAID FACILITY; AMENDING PROVISIONS PERTAINING TO OFF-STREET LOADING FACILITIES; AMENDING PROVISIONS PERTAINING TO GENERAL SITE PLAN REVIEW PROCEDURES; AMENDING SECTION 20A-3.8.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.9oC OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3o16.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-3.10.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE FACILITIES AS A CONDITIONAL USE; AMENDING PROVISIONS PERTAINING TO THE ELECTION OF OFFICERS AND THE SELECTION OF A SECRETARY FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO PROCEDURES FOR THE PLANNING AND ZONING COMMISSION; AMENDING PROVISIONS PERTAINING TO SUBMISSION AND TRANSMITTAL OF PROPOSED AMENDMENTS TO THE COMPREHENSIVE LAND USE PLAN; AMENDING THE EXISTING DEFINITION OF A COMMERCIAL AMUSEMENT, UNENCLOSED; PROHIBITING THE UTILIZATION OF USABLE OUTDOOR RECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY DEDICATED EASEMENT; AMENDING SECTION 20A-6.1.C.14.b TO ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/27/93, Advertised 1/4 Page Press Journal 2/2/93, 1st Public Hearing 2/10/93) Mayor Powell opened the public hearing at 7:05 p.m., and the City Attorney read Ordinance No. O-93-01 by title only. Regular City Council Meeting February 10, 1993 Page Five There was no public input and the Director of Community Development and City Attorney advised that certain of the recommendations of Planning and Zoning, discussed at the February 3, 1993 City Council meeting, had already been incorporated in this ordinance. Mayor Powell closed the public hearing at 7:12 p.m. The City Attorney noted that "address of convenience" language was added to home occupational license codes as an addition to other provisions, and not to prohibit other types of occupations. Discussion followed relative to prohibition of signs on commercial vehicles parked at the residence of a home occupational license permittee. MOTION by Oberbeck/Corum I would move to that effect. (strike on page 61, Section 71 of the Ordinance and Section 20A- 6.1.C.14.b.1 of the Land Development Code, "No advertising or commercial signage shall be affixed to or visible from the commercial vehicle.".) ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. MOTION by Holyk/Oberbeck I would move that we accept the first reading and set the second public hearing for February 24, 1993 for Ordinance No. O-93-01, Land Development Code amendment. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 5-0. 8. PUBLIC INPUT ON AGENDA ITEMS Ron Harsh, 550 Bay Harbor Terrace, Sebastian, inquired about public input procedures. Regular City Council Meeting February 10, 1993 Page Six 93.061 93.062/ 92.295 93.059 93.015 9. CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 1/27/93 Regular Meeting, 2/3/93 Workshop Bid Waiver - Sole Source - Golf Course Fertilizer - 22 Tons 15-0-15 w/ IBDU - Vigoro Industries of Ft. Pierce - $15,004.00 (Staff Recommendation dated 2/4/93, Golf Course Superintendent Memo dated 2/2/93) RESOLUTION NO. R-93-05 - city Engineer Computer Equipment/Software Lease (Staff Recommendation dated 2/4/93, R-93-05, Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN EQUIPMENT LEASE WITH DANIEL C. ECKIS, IN ORDER TO LEASE CERTAIN COMPUTER EQUIPMENT AND SOFTWARE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-93-03 - Street Names Changes (R-93-03) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CHANGING THE NAME OF STRATTON AVENUE; CHANGING THE NAME OF A PORTION OF BARBER STREET; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Fourth of July Committee - Request Waiver of Rental Fee and Security Deposit - Use of Community Center - Organizational Meetings - Second Tuesday of Each Month - 7:00 P.M. (City Clerk Recommendation dated 2/4/93, Malek Letter dated 2/4/93) 6 Regular city Council Meeting February 10, 1993 Page Seven The City Manager read the consent agenda in its entirety, including titles of Resolution Nos. R-93-05 and R-93-03. Mrs. Corum removed item D; Mr. Oberbeck removed item C. MOTION by Holyk/Oberbeck I would move that we approve items A, B and E of the consent agenda as written. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 5-0. Item C Mr. Oberbeck explained the lease of the computer equipment and software and expressed gratitude. MOTION by Oberbeck/Reid I would move that we approve item C of the consent agenda. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 5-0. Item D Mrs. Corum inquired about the development of a residential property where the city intends to recurb the corner of Barber and Stratton. The City Manager said he would draft a letter to bring this to the attention of Indian River County. MOTION by Corum/Holyk I move to approve item D of the consent agenda. Dr. Holyk suggested the City Manager call Indian River County as soon as possible. VOICE VOTE on the motion carried 5-0. Regular City Council Meeting February 10, 1993 Page Eight 10. PRESENTATIONS None. 11. MAYOR AND CITY COUNCIL MATTERS A. Mr___=. George G. Reid Mr. Reid recommended that fire hydrants installed by the county along Roseland Road be covered up since they are not active at this time; questioned installation of water lines by the county; expressed concern relative to a drainage culvert being installed on Indian River Drive to drain untreated stormwater from U.S. 1 into the Indian River. The City Manager said the culvert project is being done by FDOT, and stated his concerns. B. Mayor Lonnie R_=. Powell Mayor Powell expressed concern regarding laying of sod in swales which prevents water run-off; inquired about the status of GDU acquisition and recommended an update on the matter at the next meeting. C. Mr. Frank Oberbeck Mr. Oberbeck reiterated concerns relative to the abuse of Riverview Park North and other areas by Martin Paving; discussed FMHA and VA mortgages; noted that GDC deed restrictions had prohibited non- domesticated animals in the Highlands. D. Mrs. Carolyn Corum Mrs. Corum expressed concerns relative to a tank being used by Martin Paving and now located next to the Indian River at Paradise Marina. TAPE I - SIDE II (8:00 p.m.) Mrs. Corum discussed candidate forums and urged attendance. 8 Regular City Council Meeting February 10, 1993 Page Nine E. Dr. Peter R. Holyk Dr. Holyk reiterated concerns relative to Riverview Park North; discussed the installation of water pipe lines around the City of Sebastian and questioned whether they were needed at this time and where funds were derived. The City Manager said he would give Martin Paving notice to vacate the premises. Mayor Powell called recess at 8:09 p.m. and reconvened the meeting at 8:20 p.m.. Ail members were present. 12. CITY ATTORNEY MATTERS None. 13. CITY MANAGER MATTERS The City Manager said the March workshop agenda will be kept strictly to workshop matters and suggested that any matters be submitted to the City Clerk or him. 14. COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING AN__D ZONING COMMISSION 93.063 Recommendation - Reappoint J.W. Thompson to Regular Member Position - Term 2_~ Through 2/96 - Eligible for Reappointment (Staff Recommendation dated 1/28/93, P & Z Memo dated 1/28/93, Five Applications) City Council discussed the excellent pool of applicants. MOTION by Holyk/Corum I move that we accept the recommendation of the P & Z Board to reappoint J.W. "Tommy" Thompson as a regular member for the term starting 2/93 through 2/96 eligible for reappointment. VOICE VOTE on the motion carried 5-0. 9 Regular City Council Meeting February 10, 1993 Page Ten 15. OL~ BUSINESS 16. 93.064/ 92.317 None. NE__W BUSINESS ORDINANCE NO. 0-93-06 - Tree Protection (Staff Recommendation dated 2/4/93, 0-93-06 First Reading, Set Public Hearing for 3/10/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XIV OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO TREE PROTECTION, IN ITS ENTIRETY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The city Attorney read Ordinance No. 0-93-06 by title only. Charles Stachel, 1698 Coral Reef Street, Sebastian, and Robert McCollum, 501 Durant Street, Sebastian, recommended revisions to the proposed ordinance. The Director of Community Development recommended minor revisions and said he was working on a homeowner packet for distribution. A lengthy City Council discussion followed. It was the consensus of City Council to direct staff to revise language in accordance with recommendations from Planning and Zoning and City Council and bring them back to City Council at the next workshop. 10 Regular City Council Meeting February 10, 1993 Page Eleven 93.065/ B. 92.043 ORDINANCE NO. 0-92-07 - Rhodes Comprehensive Land Use Plan Amendment (Staff Recommendation dated 2/3/93, 0-92-07, DCA Letter dated 11/12/92, City Finding of Facts) Set Public Hearing for 3/24/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE LAND USE PLAN MAP FROM INDIAN RIVER COUNTY RURAL DISTRICT TO CITY LD (LOW DENSITY) DISTRICT FOR LAND LOCATED IN THE SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH OF THE SEBASTIAN RIVER FLOODWAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 3/25/92, 1/4 Page Ad 5/5/92, 1st Public Hearing 5/13/92) The City Attorney read Ordinance No. 0-92-07 by title only. TAPE II - SIDE I (9:18 p.m.) city Council discussion took place on Department of Community Affairs concerns. MOTION by Holyk/Oberbeck I would move that we set the public hearing on 3/24/93 for Ordinance No. 0-92-07 the Rhodes Comprehensive Land Use Plan amendment. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 5-0. 11 Regular City Council Meeting February 10, 1993 Page Twelve 93.066/ C. 92.043 93.067 ORDINANCE NO. 0-92-08 - Rhodes Rezoning (Staff Recommendation dated 2/3/93, 0-92-08 Set Publio Hearing for 3/24/93 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY IN THE SOUTHWEST SECTION OF THE CITY, APPROXIMATELY 18.4 ACRES, MORE OR LESS, LOCATED SOUTH OF BLOCK 339, WEST OF LACONIA STREET AND NORTH OF THE SEBASTIAN RIVER FLOODWAY FROM COUNTY ZONING DISTRICT AG-1 (AGRICULTURAL) TO CITY ZONING DISTRICT RS-10 (SINGLE-FAMiLY RESIDENTIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 3/25/92) The City Attorney read Ordinance No. 0-92-08 by title only. MOTION by Oberbeck/Reid I would move to set the public hearing for Ordinance No. 0-92-08 for March 24, 1993. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. Donate Two Surplus Police Vehicles to the Fellsmere Police Department (city Manager Recommendation dated 2/4/93~ Parish Letter dated 2L4~93) Mr. Oberbeck was excused from 9:24 p.m. to 9:27 p.m. MOTION by Holyk/Reid I would move that we approve the donation of two surplus police vehicles to the Fellsmere Police Department. 12 Regular City Council Meeting February 10, 1993 Page Thirteen 93.016 93.068 ROLL CALL: Mrs. Corum Dr. Holyk Mr. Reid Mayor Powell Mr. Oberbeck aye aye aye aye absent MOTION CARRIED 4-0 (Oberbeck - absent). U.S. Fish and Wildlife - Request to Close Yacht Club Parking Lot and Bo~t RamR - March 14, 1993 (City Manager Recommendation dated 2/5/93, USFW Letter dated 2/2/93) MOTION by Holyk/Corum I would move that we approve the request of the U.S. Fish and Wildlife Service to close the Yacht Club and the boat ramp for March 14, 1993. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck absent Mrs. Corum aye MOTION CARRIED 4-0 (Oberbeck - absent). RESOLUTION NO. R-93-08 - Designating City of Sebastian as "Home of Pellcan Island" - Sponsored by Councilmember Reid (R-93-08) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING THE CITY OF SEBASTIAN AS "HOME OF PELICAN ISLAND"; AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE U.S FISH AND WILDLIFE SERVICE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The city Attorney read Resolution No. R-93-08 by title only. Dr. Holyk stressed that adoption of the resolution not be misconstrued to be support for the expansion of the wildlife refuge area. MOTION by Reid/Oberbeck I would move that we adopt Resolution No. R-93-08. 13 Regular city Council Meeting February 10, 1993 Page Fourteen 93.069 93.070 17. ROLL CALL: Mr. Reid Mayor Powell Mr. Oberbeck Mrs. Corum Dr. Holyk aye aye aye aye aye MOTION CARRIED 5-0. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Carlin J__. Parker - Code Re: Commercial Trailers i_~n Residential Zones (Parker Letter dated 1/27/93) Carlin Parker, Sebastian, presented his request to City Council to amend the code to allow him to park a lawn maintenance utility trailer at his residence. Discussion took place on allowing commercial utility trailers to be parked at residences if they are screened from sight and the Director of Community Development recommended that residents with home occupational licenses be given the same consideration if the code is amended. The City Attorney said he will not prosecute any cases on behalf of Code Enforcement involving one trailer until such time as this issue is resolved. Staff was directed to draft language and bring it back to a workshop. Mayor Powell called recess at 9:58 p.m. and reconvened the meeting at 10:04 p.m. Ail members were present. Ron Harsh_- United Media Concepts - Proposal to Videotape City Council Meetings (city Manager Recommendation dated 2/5/93, Harsh Letter dated 2/4/93) Ron Harsh, United Media Concepts, Inc., presented his proposal to City Council for a ninety day trial sponsorship from the City to videotape City Council meetings in the amount of $450.00 per month. 14 Regular City Council Meeting February 10, 1993 Page Fifteen City Council discussion followed. MOTION by Oberbeck/Powell I would move to deny the request. TAPE II - SIDE ii The City Manager suggested that City Council establish a policy for receipt of proposals of this type and recommended that staff be directed to follow proper procedures to procure services in accordance with Section 3-63 of the Code of Ordinances. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk nay Mr. Reid nay MOTION 3-2 (Holyk, Reid - nay). 18. Being no further business, Mayor Powell adjourned the meeting at 10:30 p.m. 1993, City Council ~~ . 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