HomeMy WebLinkAbout12161997 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA ;'32958
TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
WORKSHOP
AGENDA
TUESDAY, DECEMBER 16, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Workshop, unless approved by consensus of City Council at the beginning of the Workshop. Substantive
decisions may not be made at Workshops (in accordance with R-97-21).
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. WORKSHOP ITEMS
97.269 A.
Review Ordinance No. O-97-66 - Riverfront Performance Overlay District and Provide Staffwith
Direction (Director of Community Development Transmittal 12/9/97, Proposed 0-97-66)
97.274 B.
Review Riverfront Zoning Map and Provide Staff with Direction (Conununity Development
Transmittal 12/9/97, Proposed Zoning Map)
5. 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 NF.F.I') A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THA T A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.010,5 ES.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOM3dODATION FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT,589-$330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in Council Chambers for all Government Meetings.
Upcoming Meetings:
Regular Meeting- Wednesday, December 17, 1997 ~ 7pm
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
7~(7~ ~C)x~ Y WORKSHOP
WEDNESD-AY, DECEMBER 16, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the Workshop to order at 7:00 p.m.
The Pledge of Allegiance was recited.
I~OLL CALL
CiIy Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Present:
City Manager, Thomas Frame
Director of Community Development, Bob Massarelli
Deputy City Clerk, Sally Maio
SEBASTIAN CITY COUNCIL
MINUTES
WORKSHOP
WEDNESDAY, DECEMBER 16, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the Workshop to order at 7:00 p.m.
The Pledge of Allegiance was recited.
ROLL CALL
City Council Pres¢at:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
~;tgff Present:
City Manager, Thomas Frame
Director of Community Development, Bob Massarelli
Deputy City Clerk, Sally Maio
City Council Workshop
December 16, 1997
Page Two
97.269
It was the consensus of City Council to allow public input at this time.
Cody Bailey, Ft. Pierce, owner of property on U.S. 1, asked how his proposed auto repair business
would be affected by any proposed changes.
The Director of Community Development said under current CG zoning, this type of business would
be permitted; and under proposed Commercial Riverfi.ont zoning it would be allowed as a conditional
use.
Mayor Barnes suggested Mr. Bailey contact the Director of Community Development.
Jean Bower, A-1 Signs, distributed updated material from that which she had distributed on
December 3, 1997 relative to suggested changes to sign regulations (see attached).
Mayor Barnes said when that section of the ordinance is reviewed, her suggestions will be looked at.
Willard Siebert, 925 Indian River Drive, Sebastian, read fi.om and distributed a prepared statement
(see attached) relative to the importance of individual property rights.
WORKSHOP ITEM~;
A. Review Ordinance lNx>. 0-97-66 - Riverfrorl~ ~erformance Overlay District and Provide Staff~ith
Direction (Director of Corrlrlllgfily Development Tr~tnittal 12/9/97, ProposCql 0-97-66)
Mayor Barnes said review will be by Section.
Secti00 20~A-I 9.1.1
References to page numbers in these minutes will be to the actual ordinance page number rather
than the circle pages for future reference. Only revisions in the language where consensus was
reached are noted.
Page 2 - Line 18 - "this Land Development Code" changed to "the Code of Ordinances including the
Land Development Code"
No other changes.
Section 20A-19,1,2.
4-1 consensus to leave Indian River Lagoon in Riveffront District.
2
City Council Workshop
December 16, 1997
Page Three
~ec~j01t ~0A-19,1.3.
Page 4 - Paragraph 3 - Line 18 - 20. ~. Mayor Barnes noted that language had been deleted
at the December 3, 1997 meeting on this ordinance to prohibit balconies over public rights-of-way
and sidewalks.
Mr. Paul was excused from 7:37 p.m. to 7:41 p.m.
Page 5 - Paragraph 9. Outbuilding. 5-0 Consensus to delete last sentence.
Mrs. Sullivan reiterated she wanted building height, including parapet wails, measured from the
crown of the lowest adjacent road. The Director of Community Development said this will be
covered in the Land Development Code for the entire code and will include parapet walls.
TAPE I - SIDE II (9:45 p.m.)
Page 5 - Paragraph 10. Parapet Wall. Mrs. Cartwright reminded Council that the definition from the
Southern Building Code was to be included.
Section 20A-19,1,4.
References to "Community Development Director" were changed to "Community Development
Department" throughout.
Page 8 - Line 3 - add "by affected parties, applicant or staff' after "appealed".
Page 7 - Paragraph b. First sentence changed as follows: "Pre-application conference. Before
beginning any new development, as defined in Florida Statutes, substantial renovation, or conversion
from residential on private or public land, a pre-application conference shall be convened to
determine the applicability of this article.
~ggtJ0n 20A-19.1.5.
No change.
3
City Council Workshop
December 16, 1997
Page Four
Section 20A-19.1.5.1.
Page 8 - Paragraph A. City Attorney to review language stating precedence shall not be set to
determine if valid.
Page 8 - Line 34 - Paragraph B. 1. - change "design" to "code".
Page 10 - Paragraph E. 1. through 5. - delete "and the like" throughout and state "include but are not
limited to".
Section 20A-19.1.5.2.
Page 11 - Paragraph A.2.a. and b. - delete last sentence in Paragraph 2. and delete a. and b.
Mayor Barnes called recess at 8:30 p.m. and reconvened the workshop at 8:45 p.m. All members
were present.
TAPE II - SIDE I (8:45 p.m.)
Page 12 - Paragraph 7 changed as follows: "Backlit transparent architectural elements, backlit
architectural elements as well as illuminated or backlit awnings are prohibited. Glass blocks may not
be used on any facade visible from a roadway. This does not prohibit the use of an illuminated sign
attached to a building."
Page 13 - Paragraph 9 changed as follows: '"'Drive-up" windows or "loud speakers" located on a
building facade that face a residential use are prohibited. They shall not be located on a building on
Indian River Drive except for special events as approved by City Council." It is unclear whether the
remainder of the Paragraph was deleted or not.
Page 15 ~ Paragraph 3 changed as follows: "When at all possible, existing specimen trees, as defined
by Article XIV, Tree Protection, should not be removed, or at the very least, relocation on site must
be considered. Use of trees wells, as well as adaption and variations of siting in order to conserve
native vegetation, is encouraged."
Shirley Kilkelly, Tree Advisory Board, spoke at this time and it was noted that the board is in the
process of strengthening the tree ordinance relative to specimen trees.
TAPE II - SIDE II (9:35 p.m.)
4
City Council Workshop
ag Cember 16, 1997
e Five
Page 17 - Paragraph 2 - "Visual/sound offensive elements" - Line 10 - add "or residential use" after
"roadways".
Page 20 - Line 4 - change "Director" to "Department"
Page 15 - Paragraph D.2. add sentence, "Identity of owner is permitted as long as on property of
owner."
Page 13 - Line 8 - delete "and the like"
Page 19. Line 40 - Paragraph f. - delete "Flat"
Section ;]~)A-19.1.6.1.
No changes.
~,,~,.tj 0~ 20A-19.1.6.2.
Page 22. Paragraph A. - Line 11 - delete "for affordable housing".
Section 20A-19,1.6.3.
T.vp~ I - Commercial
Page 23 - Paragraph (3) - Line 14 - change "zero" to "ten"
TAPE III - SIDE I (10:22 p.m.)
Just prior to 10:30 p.m., Mayor Barnes asked whether Council wanted to schedule another workshop
to complete this review and a workshop was scheduled for January 12, 1998 at 7 pm.
The majority of Council did not want to extend the workshop at this time.
(It was discovered the following day there is a Recreation Committee meeting scheduled for
January 12, 1998, therefore, the workshop will have to be rescheduled)
Comment:
Page 8 - Line 35 - Reference to "20A-19. 6. "should read "20A-I 9.1.6."
Page 9 - Line 2 - Reference to "20A-19. 7. "should read "20A-I 9.1.7."
City Council Workshop
ag Cember 16, 1997
e Six
Approved atthe ~(4t~ /¢
,1998, Regular City Council Meeting.
Kathryn 1~. O'Halloran, CMC/AAE
City Clerk ' ' '"':.'-
Walter W. Barnes
Mayor
6
My name is Willard Siebert and I curre
Indian River Drive. Additionally, my wife ar.
new home at 1009 Indian River Drive which
Washington Street and Martin Street. We als
tmdeveloped property directly to the north ot ,lc ,.Ol~U tlCtlOll s~te
and my wife's mother owns the undeveloped property immediately
to the south of the construction site.
I would like to start by commending the Riverfront
Committee and the city staff for their tremendous effort. The
meetings were well attended and there was active debate on all
critical elements. To the best of my knowledge, citizen
participation was encouraged and consideration was given to all
concerned. The citizens of Sebastian owe a tremendous debt of
gratitude to the committee for their service.
That said, we must still look at the conclusions and proposed
action with a critical eye. This is where I face a personal dilemma.
I truly recognize the need for careful and considerate planning but
I have a strong belief in individual property owner rights. It is this
second area that I think merits your attention
My wife, Kathie, is the daughter of Viola Judah and the
granddaughter of Archie Smith. The Archie Smith Fish Company
has been in continuous operation since 1932 and spans four
generations. Her brother, Joe and two sisters Diane and Margaret
all still work in the business. There have been three generations
that have attended Sebastian Elementary School with a fourth
starting shortly. You will note that the Archie Smith Fish
Company is the only structure specifically named in the
-2-
committee's report as an existing historical site and is on the list of
National Historical Places. The Smiths, the Judahs, the Semblers,
the Parks, the Mays and a few others were the Sebastian fishing
community the committee is trying to emulate. To my knowledge,
not a single member of these families was on the committee.
My family has also been active in Indian River County for
more than a half a century. My uncle commanded the Coast Guard
that patrolled the beaches on horseback during World War II. My
parents were very instrumental in bringing the first live theater to
the county and my father was the first president of the Vero Beach
Theater Guild. I was elected to two four-year terms on the Indian
River County Commission and served three of those years as
chairman. My business career spanned three decades and I retired
as Chief Operating Officer and Vice President of Marketing for
one of Florida's largest citrus sales companies.
The whole point of this short history lesson is that our
families contributed to the successful growth of our communities.
Grandparents, parents, brothers and sisters and children were, and
still are, proud of their heritage and would like it preserved. I do
not believe anything we would do now, or in the future, would go
against the intent of the committee report and recommendations.
Nevertheless, individual property rights may need to be
sacrificed if the plan is implemented as proposed. This may be too
great a price to pay to create the theme of an "Old Florida Fishing
Village" that is merely a perception by the committee, the staff and
a few participating members of the community. It is not based on
what the Sebastian riverfront looked like in the 1930's and
1940's. It was a tough life for families of very modest means who
-3-
worked very hard for little more than food on the table. Homes and
businesses were built out of available materials and were certainly
more fimctional than architecturally correct .... whatever that is.
It is important to remember that a single property owner's
rights are as important, or even more important, than an arbitrarily
imposed standard of the community. Segregation was a good
example of this. No matter how strongly segregation was
supported by a community, it violated individual fights and was
struck down. Now, I know land use does not fall in the same
category as moral issues but the principal is the same. In my mind,
actions by council that require the forfeiture of rights cannot be
arbitrary. It must be clearly demonstrated that their actions are
necessary to protect the welfare of the community .... not to deny
anyone reasonable use of their property.
I am not asking that you disregard all the standards proposed
by the committee. I am only asking that you carefully consider
what is really necessary and needed to have Sebastian reach its
potential. For example:
Eliminate any general reference to the size of the structures as
long as they meet code. It is an insult to suggest a "Sea
Captain's Home" would be any less welcome than a
"Fisherman's Home".
Do not reference any architectural style, pro or con. I see no
overwhelming public need to discourage the Key West style.
For those that have visited Key West, there are many diverse
architectures that blend into channing and unique areas of the
city. Some are Victorian, some Old South, some Cajun, some
Bermuda and others, just plain "Cracker".
-4-
Provide oppommities for imagination while protecting the
character. Eliminate excessive "glitz" but be careful of your
interpretation. Colors can be particularly difficult. Deny only
what can be supported as offensive. I think the key here is to
resist allowing only your favorite colors while excluding colors
that cannot be supported as "poor taste".
Garden walls and fencing should be held to the same standard
as all other residential and commercial properties in the city.
Garden walls, done properly, can enhance the appearance,
particularly where there are mixed uses. What public need is
met by requiring fences or hedges along the front of properties
in Medium Intensity/Residential?
To require front porches on any property in the riverfront area is
arbitrary and discriminatory. If you like front porches and i
don't and I own the property, that is my choice...not yours. In
case you wonder, our new home will have porches and
balconies.
Landscape ordinances are discriminatory, excessive and
extremely expensive. Be reasonable. Every home or business
cannot be showplace. It is somewhat ironic that the stated
objective is for small fisherman's homes and then require
extremely expensive porches, fences, building materials and
landscaping.
There are other areas that I feel do fall in the category of
public responsibility and are not being given adequate attention.
Additionally, they have the advantage of encouraging quality
development
-5-
Infrastructure is imperative. Sidewalks, attractive lighting,
right-of-way landscaping and adequate parking will help the area
become more what of what is envisioned. If the intent is public
enjoyment of the riverfront, then the public must be willing to
support the project with their tax dollars. I am confident present
and future landowners will do their share but I have yet to see the
public commitment.
The city should work with FP&L, Falcon Cable and Bell
South to get their wires off the poles and placed underground.
My final suggestion will be the most difficult. I know it is
difficult because I had to struggle with it during my public service.
It requires more than a little intestinal fortitude. There needs to be
a study of higher density use properties (i.e. multiple family, trailer
parks, restaurants, etc.) on the riverfront that could be served with
county water and sewer. Where it can be shown that the health and
welfare of those affected...or those they serve.., will be
substantially improved, they should be...required...to hook up to
either the water or sewer or both. It makes no sense, and is morally
wrong, to allow old septic systems to continue to operate in very
close proximity to public water supplies as def'med by the County
Public Health Department when there is a good alternative.
! appreciate the oppommity to communicate my concerns
and am willing to answer any questions you may have.
REQU[¢STS FOR REC()NSII)IiI~,ATION ¢)N RIVEI~Iq~.ONT SIGN REGULATIONS
I>R()P(-)SED I N 1 1/12/97 DRAFT
PRO I ! I Bi'FE I)
Page 178 ~ Number 10.
Page 178 - Number I 1
Page 178 - Number 12
Page 179 - Number 13
~.R__-9_ ~.! g! L Pi3( 5v325td_ 3) se~.d_!.~gr__perma nent
Weathered wood might be appropriate for an old fishing village
sign.
Recommendation: None
A!!y_ material used in such a manner lbr a permanent sign that
_r_%sT.t.!lj:s_j.n_:
without dimens!9_n.,, havin.g..a sem._blance tg_a__"plywood
_{ ! _r. t.~_[l_]~2_o_L~_~[~ I o~ki!.?g_ si gn ~".
Space and localhm available on approved site might warrant only a
tla! sign depending on the circumstances,
Recommendation: Change to: A sign having a semblance to the
look of a temporary sign but intended by maker to be permanent,
_[-?_i_,s.r. eg_t!_r_d_f.9_r_, consi_~5.t99_c_y___ in materials anti continuit¥__o~t)h__e..sign
.t_!.~Sig.t! Ii?_L.a..,I~.C:'_U._~3O_!I~!IUS'~n_; installation of an additiona_[,.sign (or
~..ig~_~s) tb.a....t..5!_oe_s ~_o..[ !~_a_r~m~z__e ~vit.h_j. he design or materials of the
Consistency in tnaterials may not ahvays be advisable. The main
sign, for example may be han_d_l~.~j, nted, sand blasted or carved.
()ther signs subjecled to river water or road dust, for example,
might well be more approprialely constructed with vin~! letters to
1219.Y_~2!ig early delerioratJon.
Rccomnmndation: Omit "consistency in materials" or
cha,ge from negative to positive. Il could be moved in its
entirety to the "Encouraged" section on the next page.
it couhl then read: Strive for consistency in materials and
continuity for permanent sign: inslallation of','tn additional sign
(or signs) that will harmonize with the design of the initial sign.
_A_l~J,i_ques or letters of vinyl and similar materials are discouraged
J.~?r_usg_,9,!_U4_nzp_9_rt!mnent monumenkj)_gestan_ding, or roof signs.
'j_~b_.cy,_,.'Lr_e___a_.~_.9.,,.(!j_sc{Lu_r~c_/d., ibr u_~e__~!! any~ermanent wall or facade
.s_ig!J.S t_!_Laj_._c_,~zg.e, d3_h_r_~_c._£3) square feet. Window sig.n_,z,3s allowed
J.!!. !:!~i.5._C.l!_a_p..t.gL_aLe__t.~.x.5:Ju._d_ed (r_.9.!~_t/_ms_r_e_.~Lrj~ctigm _R_~gardless of
5_i.?~e, applj..tlt!g.53[r v_i.n_yl_!~llers a.£g..pmhib/ted fi)r use {.'!.~plastic sj.gn
faces.
To discourage the use of high pcrfortnance vinyl could
discriminalc against a small, but very appropriate business in the
riverl¥ont area. The financial capabilities of the owner might
prevent his/hcr nvestment because of the wide price differential.
Small appropriate businesses help keep our tax base down and
provide lite opportunity tbr residents to shop in town.
Recommendation: Delete the entire proposed resolution
Page 2
EN('O U RAG ii;l) (F)
Page 179
-Number I
Attractive and durable materials such as the lbllowin~2~and are
.C¥_).n~i_s.',.y~!g~ wi_tJ2._tJ3e "Q[d_,/Florida Fishi~_!g_V_illage" theme are
encouraged:
_S..h..aped and thshioned "wood look" multi level ~igns...gre
encouraged,(i.e.: sand blasted or carv.~_d.). Considering the extreme
_w_e.;_~:t.!~_e_r__c_o!~Ai_tio__ns__~i,~_.o._ur area, a low maintenance, durable
!~!_a.t__eyi_a.!..5,uch t_~s[figh density pojLvurethane and PVC a_re
encouraged a!!~_preferred over actual wood or MDO.
Certain methods used in creating a "wood look" may deteriorate
heft>re a sign designed of high quality plywood (MDO) or PVC.
Also, there is a wide pr/ce differential when comparing sand
blasted and carved signs vs. high quality MDO or PVC- again
making an inveslment impossible for some small businesses.
For comparison, dimensional signs would be approximately $75
per square foot vs. $10 per square 'foot for the other.
In any case, il. could be appropriate to encourage the upkeep ofa_~
sign since first impressions are extremely important to any
potential client or customer and a well-kept sign adds to the
beautification of our city which we all desire.
'Recommendation: (.!hange paragraph two as fi)llows:
Shaped and thshioned "wood look" multi-level signs are
encouraged (i.e., sand blasted or carved). Considering the extreme
weather conditions in our area, a iow maintenance, durable
rnaterial such as high density polyurethane, PVC, and high
pcrlbrmancc vinyl arc encouraged.