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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.