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HomeMy WebLinkAbout11161994 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 16, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation qf the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Merril E. Dewey - Church of the Nazarene 4. ROLL CALL 5. 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-93-19). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. OUASi-JUDICIAL HEARING 94.280 A. Procedures for Quasi-Judicial Hearings as Follows (R-94-54): - Mayor Opens Hearing - Clerk Administers Oath - Staff Presentation - Affected Parties May Question Staff - Applicant's Presentation - 15 Minutes - Proponents' Presentation - 3 Minutes* - Inquiry of Applicants - Opponents' Presentation - Affected 15 Minutes - Other 3 Minutes* - Inquiry of Opponents - Informational Testimony - 3 Minutes* - Inquiry of Informational Witnesses - Mayor Closes Public Information Period - Staff Response and Summary - Applicant's Rebuttal - 10 Minutes - Board and Staff Inquiry *If representing group of 5 or more - may take up to 10 minutes RESOLUTION NO. R-94-63 - Atlantic Gulf Communities - E & E Development, Sebastian Acres - Minor Subdivision Plat (Community Development Transmittal dated 11/8/94, R-94-63, Application, Atlantic Gulf Letter, LDC Sections, Masteller Memo, Watters Memo, P & Z Memo, Williams Memo, Fowler Memo) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF SEBASTIAN ACRES; CONSISTING OF 5.35 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET NOVEMBER 16, 1994 REGULAR MEETING Use this form ONLY for input on items on the prepared agenda EXCEPT FOR PUBLIC HEARINGS which have their own signup sheets. Speakers will address City Council immediately prior to the deliberation of the item by the City Council (R-93-19) NAME : ADDRESS : ITEM NO : SUBJECT : NAME : ADDRESS : ITEM NO : SUBJECT : NAME : ADDRESS : ITEM NO : SUBJECT : NAME : ADDRESS : ITEM NO : SUBJECT : City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 16, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF TIlE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation qf the item by the City Council if they have signed the sign-up sheet provided prior to tt/e meetin~ - limit qf ten mim,~tes per speaker (R-93-19) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. There was a moment of silent prayer for victims of Tuesday's tornado in Brevard County. 4. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Attorney, Clifton A. McClelland, Jr. Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg Regular City Council Meeting November 16, 1994 Page Two 5. 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-93-19). None. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 7. QUASI-JUDICIAL HEARING Procedures for Quasi-Judicial Hearings as Follows (R-94-54): - Mayor Opens Hearing - Clerk Administers Oath - Staff Presentation - Affected Parties May Question Staff - Applicant's Presentation - 15 Minutes - Proponents' Presentation - 3 Minutes* - Inquiry of Applicants - Opponents' Presentation - Affected 15 Minutes - Other 3 Minutes* - Inquiry of Opponents - Informational Testimony - 3 Minutes* - Inquiry of Informational Witnesses - Mayor Closes Public Information Period - Staff Response and Summary - Applicant's Rebuttal - 10 Minutes - Board and Staff Inquiry *If representing group of 5 or more - may take up to 10 minutes 2 Regular city Council Meeting November 16, 1994 Page Three 94.280 A. RESOLUTION NO. R-94-63 - Atlantic Gulf Communities - E & E Development, Sebastian Acres - Minor Subdivision Plat (Community Development Transmittal dated 11/8/94, R-94-63, Application, Atlantic Gulf Letter, LDC Sections, Masteller Memo, Watters Memo, P & Z Memo, Williams Memo, Fowler Memo) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF SEBASTIAN ACRES; CONSISTING OF 5.35 ACRES, MORE OR LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO SiGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR iNDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Firtion opened the quasi-judicial hearing at 7:03 p.m. The Deputy City Clerk administered an oath to all those planning to give testimony. The City Attorney read Resolution No. R-94-63 by title only. The Director of Community Development briefly explained the requested minor subdivision plat for Sebastian Acres from E & E Development, stated the application meets the criteria of Section 20A- 16.1.c.1 of Land Development Code and submitted a warranty deed and letter indicating that E & E Development holds title to the property. Shirley Kilkelly, 950 Franciscan Avenue, Sebastian, suggested a condition be imposed that no clearing may begin until construction is ready to start and until a drainage plan is approved. John King, 182 DelMonte Road, Sebastian, said the lots cannot be further subdivided, noting that 52,000 square feet is the minimum required lot size and said he did not agree with a required drainage plan for the subject property based on his observations of drainage conditions in the subject area and other areas of the City. Regular City Council Meeting November 16, 1994 Page Four Mayor Firtion closed the quasi-judicial hearing at 7:18 p.m. MOTION by Oberbeck/Freeland I would move to approve Resolution No. R-94-63. Vice Mayor Corum inquired as to criteria for minor subdivision, whether this was considered a project and location of run-off. The Director of Community Development responded that run-off will depend on development of each home and that separate retention areas are not required of single family homes. The City Attorney advised that any future attempt to further subdivide the land would have to come back to Council. TAPE I - SIDE II (7:33 p.m.) ROLL CALL: Vice Mayor Corum Mrs. Damp Mr. Freeland Mr. Oberbeck Mayor Firtion - nay - aye - aye - aye - aye MOTION CARRIED 4-1 (Corum - nay) 8. 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 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. Regular City Council Meeting November 16, 1994 Page Five 94.105 A. ORDINANCE NO. O-94-11 - Amending GMC and MCR Zoning District Uses (Community Development Transmittal dated 11/9/94, O-94-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A- 6.1 C. 17. a. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO INCLUDE BAIT AND TACKLE SHOPS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL AND RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION 20A-3.11 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE GENERAL MARINE COMMERCIAL DISTRICT; AND AMENDING CHAPTER 20A, SECTION 20A-3.12 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL AND RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION 20A-6.1 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO ADD AN ADDITIONAL SUBSECTION (33) TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE MARINE COMMERCIAL AND RESIDENTIAL DISTRICT AND IN THE GENERAL MARINE COMMERCIAL DISTRICT OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; 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; PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read ordinance No. O-94-11 by title only, Mayor Firtion opened the hearing at 7:35 p.m. and, being no public input, closed it. Vice Mayor Corum suggested that individual issues be addressed in separate ordinances. The Director of Community Development advised that there may be many amendments to the Land Development Code in the near future and that city Council members have the opportunity to amend an ordinance as they deem appropriate. The City Attorney advised that it is Council's option to delete particular words or sections of an ordinance at a hearing, as long as the point is not reached where Council adds section causing a person reading a title to be unaware of new provisions, thus depriving the person of due process rights. Regular City Council Meeting November 16, 1994 Page Six 94.223 Mayor Firtion closed the public hearing at 7:43 p.m. Vice Mayor Corum suggested removal of language in the ordinance relative to allowing parking lots without buildings or structures as conditional uses. MOTION by Oberbeck/Freeland I would move for the approval of Ordinance No. O-94-11. ROLL CALL: Mrs. Damp Mr. Freeland Mr. oberbeck Mayor Firtion Vice Mayor Corum - aye - aye - aye - aye - nay MOTION CARRIED 4-1 (Corum - nay) B. ORDINANCE NO. O-94-12 - Amending Building Height in GMC Zoning (Community Development Transmittal dated 11/9/94, O-94-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A- 3.12 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE MAXIMUM BUILDING HEIGHT IN THE GENERAL MARINE COMMERCIAL DISTRICT TO PERMIT A MAXIMUM BUILDING HEIGHT OF 35 FEET ON THE WEST SIDE OF INDIAN RIVER DRIVE AND RETAINING A MAXIMUM BUILDING HEIGHT OF 25 FEET ON THE EAST SIDE OF INDIAN RIVER DRIVE WITHIN THE GENERAL MARINE COMMERCIAL DISTRICT; 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 FOR A SEVERABILITY CLAUSE; PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Firtion opened the public hearing at 7:52 p.m. The City Attorney read Ordinance No. O-94-12 by title only. The Director of Community Development explained the proposed ordinance. Regular City Council Meeting November 16, 1994 Page Seven 94.281 10. Mayor Firtion closed the public hearing at 7:56 p.m. MOTION by Damp/Oberbeck I move to adopt Ordinance No. O-94-12. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) None. CONSENT AGENDA All 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. RESOLUTION NO. R-94-64 - Vacation of Easement (City Clerk Transmittal dated 11/8/94, R-94-64, Application, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHWEST FIVE FEET OF THE SOUTHEAST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF LOT 81, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-56J, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. The City Manager read the consent agenda. Regular city Council Meeting November 16, 1994 Page Eight The City Attorney read Resolution No. R-94-64 by title only. MOTION by Oberbeck I move to approve the consent agenda. Vice Mayor Corum requested discussion of item A, stating she was hesitant to give up an easement adjacent to the Elkcam Waterway. Mr. Freeland seconded the motion. ROLL CALL: Mr. Oberbeck Mayor Firtion Vice Mayor Corum Mrs. Damp Mr. Freeland - aye - aye - nay - aye - aye MOTION CARRIED 4-1 (Corum - nay) Mayor Firtion called recess at 7:58 p.m. and reconvened the meeting at 8:05 p.m. Ail members were present. 11. PRESENTATIONS None. 12. COMMITTEE REPORTS/RECOMMENDATIONS None. 13. OLD BUSINESS None. 14. NEW BUSINESS 94.282 Discussion and Direction to City Attorney on Proposed Annexation~ Comprehensive Land Use Amendment and Rezoninq (Petition for Annexationm Map, Land Use and Rezoning A~plications, P & Z Recommendations= Boling Letter, Asher Letter. LDC Sections) The City Attorney advised City Council on appropriate procedures relative to this matter. He said that the Department of Community Affairs advises that the first quasi-judicial hearing on the comprehensive land use plan amendment be conducted and then Regular City Council Meeting November 16, 1994 Page submitted to them for review. When returned from DCA with comments, if favorable, a hearing is then conducted on the annexation, second hearing on comprehensive land use plan amendment and rezoning in that order. Vice Mayor Corum inquired how the City can get adjacent county residential property rezoned. MOTION by Damp/Freeland I move for the first judicial comp plan amendment to be held on December 21, 1994. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 15. CITY COUNCIL MATTERS A. Mr. Robert Freeland None. B. Mr. Frank Oberbeck None. C. Mayor Arthur Firtion Mayor Firtion stated that the City is not involved in a "title fight" relative to the Julian property. TAPE II - SIDE I (8:10 p.m.) D. Vice-Mayor Carolyn Corum Vice Mayor Corum expressed surprise at the Mayor's statement, whereby Mayor Firtion further explained his statement; reported on the Barefoot Bay tornado, suggesting residents invite people into their homes for Thanksgiving; requested concurrence from City Council to apply for city designation as a Tree City USA, to which Mr. Oberbeck requested that Vice Mayor Corum bring back information to Council; requested that charges for use of Riverview Park North, events and closing of streets, and use of Riverview Park be placed on the January workshop with staff Regular City Council Meeting November 16, 1994 Page Ten recommendations; discussed compliance with the comprehensive land use plan by amendment of the Land Development Code specifically the removal of Australian pines, and suggested the comp plan be followed relative to removal of invasive nuisance exotic vegetation. E. Mrs. Norma Damp None. 16. CITY ATTORNEY MATTERS The City Attorney reported on his endeavor, on behalf of City Council, to ascertain how to proceed to have the Sebastian River designated a "wild and scenic river", stating it will require the adoption of a bill by Congress requiring a feasibility study. The impact of the designation would be the ability of U.S. Park Service to comment on the use of federal funds that affect the river. 17. CITY MANAGER MATTERS The City Manager said the City received documentation relative to designation as a Tree City and would report further. 18. Being no further business, Mayor Firtion adjourned the Regular Meeting at 8:25 p.m. Meeting. Approved at the Kathr~n M. O'Halloran, CMC/AAE City Clerk , 1994, City Council Arthur L. Firtion, Mayor 10