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Home My WebLink About10252000H('NM[ OF ~ 1~4ae~ID SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 25, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Pastor Bob Littleton, Lakeside Fellowship Church. RO~I. CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Edward J. Majcher, Jr. Mr. James Hill City Cg~r~il Absent: Mr. Joe Barczyk (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Growth Management Director, Tracy Hass Police Chief, Randy White 4~l~Regular City Council Meeting I~[~). ctober 25, 2000 Page Two 00.075 o 10. AGENDA MODIFICATIONS (Ap[:)ITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) None. PROCLAMATIONS. ANNOUNC;E[MENTS AND/OR PRESENTATION~ None. CITY ATTORNEY MATTERS None. ~JTy MANAGER MATTERS None. CITY CLERK MATTERS None. CITY COUNCIL MATTERS A. Mr. Hill · Discussed phone calls regarding vegetation overgrowth on vacant lots and the lack of protection to adjacent property owners, and asked what can be done to protect them. The City Attorney said he will come back with ordinance language options previously considered. · Reported that the Metropolitan Planning Organization, on 11/18/00 approved a "Needs Plan" for 2025 but did not approve widening of city streets; and that the process of adding a new Sebastian voting member has begun, noting that Vero Beach and Indian River County have veto power over the addition. B. Mr. Majcher · Congratulated the students who attended Student Government Day today at City Hall and said he hopes to see it done on an annual basis. C. Mayor B~les · On behalf of Mr. Barczyk, asked for consideration of limiting sale of cemetery lots to Sebastian residents. · Discussed his letter to the editor asking people not to vote for the high speed rail amendment. 1. lndieo River County Emergency Sewj_c_e~ District Advisory Committee Member (Commi~ioner Adams Letter, IRC Resolutiot!_2000-124, Current City Member List for F.$pAC) Mayor Barnes and Councilmember Majcher volunteered to remain member and alternate. City Council concurred. 2 ~egular City Council Meeting 1~)_ ctober 25, 2000 Page Three 00.232 00.233 00.234 00.235 11. D, Vice Mayor Bishop None. E. Mr, Barczyk Absent, CONSENT/~GENDA All items on the consent agenda ara considerad tau#ne and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Counc# so requests' In which event, the item will be removed and acted upon separately. A. Approval of Minutes - 10/11/00 Regular Meeting Resolution No. R-00-59 - Vacation of Easement - Scott - Lot 12, Block 447, SH Unit 17 (Growth Management Transmittal 10/18/00, R-00-59, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT OVER LOT 12, BLOCK 447, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-00-60 - Vacation of Easement - Nubi - Lots 10 and 10A, Block 229, SH Unit 6 (Growth Management Transmittal 10/19/00, R-O0-60, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT OVER LOTS 10 AND 10A, BLOCK 229, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Approve Final Plat for Ac'em Acres Subdivi3ion (City Eng~ncer Transmittal 10/15/00, Final t~lat- ~cler Separate Cover) Authorize Mayor Barnes to Attend Florida League of Cities Local Government Leadership Class VI - Tampa 2/15/01-2/17/01 and Orlando 4/19/01-4/21/01 Pursuant to Chapter 2. Division 3. of the Code of Ordinances (City Clerk Transmittal 10/20/00, FLC Letter and Class Curriculum, Ch.2*Div 3 of the Code) Sebastian River Area Chamber of Commerce - Taste and Treasures/Paddle Fest 2000 - Use of Riverview Park "Riverfront Area" - Saturday, 11/4/00 8 am to 4 pm (Public Works Transmittal 10/17/00, Schedule of Activities) The City Manager reported that item D Acorn Acres Subdivision Final Plat must be removed for further clarifications. City Council concurred. The City Manager then read the consent agenda, and the City Attorney read titles for Resolution Nos. R-00-59 and R-00-60. MOTION by Majcher/Hill "1 move to approve items A,-B, C, E and F of the consent agenda." Councilman Bishop removed item B. paegUlar City Council Meeting ctober 25, 2000 ge Four ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 Item B - R-00-59 The Growth Management Director responded to Mr. Bishop that the plan does max out the setbacks, resulting in a need for the vacation of three feet of the rear easement. MOTION by Bishop/Hill "1 move to approve consent agenda B." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 00.029 12. QUASI-JUDICIAl,, pUBLIC HEARING Quasi-Judicial Hea#ng Procedures on Back of Agenda Resolution No_, IR-00-55 - Preliminary Development_PJAn Approval for Phase IIA and liB of Collier Club Subdivision (Growth Management D~re~o.r Transmittal 10/9/00. R-00-55. Application. Staff Repgrt, P & Z Minutes. Location Map. Prelimillffi7 plat Under Separate Cover) A RESOLUTION OF THE CiTY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR PHASES IIA AND lib OF COLLIER CLUB SUBDIVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public headng at 7:25 p.m., and the City Attorney read Resolution No. R-00-55 by title. There was no ex-parte communication to disclose. The City Clerk swore in all those who intended to offer testimony. Chuck Mechling, OnSite Management, presented the Phase IIA and lib preliminary development plans, and responded to questions from City Council. The Growth Management Director discussed the increase in the size of the lots and setback standards, which will reduce density in Phases IIA and liB; and recommended approval with the conditions as stated in the resolution. There was no public input. Mayor Barnes closed the headng at 7:32 p.m. and called for a motion. 4 paegUlar City Council Meeting ctober 25, 2000 ge Five 00.197 B. TAPE i* SIDE II (7:51 p. rn.) MOTION by Bishop/Majcher "1 would move to approve Resolution No. R-00-55." ROLL CALL: Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 Resolution No~ LR-O0-56 - ,~pecial Use Permit for Chestnut 512 Carwash (Gr~wth.~f~nagement Transmittpl 10/9/00, R-00-56. Application. Staff Rel~rt. P 8~Z Mi~Tutes, LocaUon Map, Site Plan Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:33 p.m., and the City Attorney read Resolution No. R-00-56 by title. Mr. Hill said he spoke to Mr. Chestnut briefly. The City Clerk swore in all those who intended to offer testimony. Attorney Warren Dill, representing the applicants, addressed City Council on a request for a special use permit for Chestnut Carwash and introduced Ken Chestnut, Brian Jenkins, Randy Mosby, and Chuck Emory. Mr. Dill submitted, for the record, and described Exhibits 1,2, and 3; five photos labeled 1-5 depicting existing uses on CR512 and described them (see copies attached). A rendering depicting proposed landscaping along the CR512 corridor was exhibited. Mr. Dill continued his presentation and presented, for the record, photos labeled 6-9 depicting the rear of other car washes; and a paper entitled "Conditions of Approval" (see copies attached). Randy Mosby, Mosby and Associates, described his background and experience in projects within the City and County; said the project is not detrimental to the health, safety or welfare of the community and is consistent with the ordinances of the City; and noted that all required permits have been received. He described the enhanced landscape and architectural design. Chuck Emory, representing all parties in the real estate transaction on the property, said he believed the project will enhance property values in the area. The Growth Management Director discussed the building's revised architectural and landscape designs, which exceed minimum standards; and noted that City Council must find on two issues: 1) is the granting of the special use permit detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located?; and 2) Is the use requested consistent with the purpose and intent of the respective _egular City Council Meeting ctober 25, :2000 Page Six zoning district, and can it be demonstrated to be similar in nature and compatible with the uses allowed in the zoning district? It was his recommendation that Council approve the special use permit if it finds the use meets this criteria. The City Attorney said Council also has to find that the project is consistent with the Comprehensive Plan and Code of Ordinances. He then cited a discrepancy in language in Exhibit 3, Section 54-4- 21 .B.3.A. 1 and C.2.c relative to canopies. He also noted that the Exxon car wash was to be located in a different zoning district (PUD-C). The Growth Management Director said the intent of this code was not to prohibit car washes but to prohibit the canopies and fiat roofs. City Council discussion followed on the location of the vacuum cleaners at the back of the building based on St. Johns River Water Management District on-site stormwater requirements; and the rear wall material changed to wood due to an existing easement and prohibition on erecting a masonry wall in an easement. Mr. Mosby submitted specifications relative to proposed Iow noise vacuums; and a revised site plan dated 10/3/00 for the record. Mr. Mosby said he would also submit a full set of plans following the meeting if the project is approved. Jean Carbano, Betty Avenue, Sebastian, spoke in favor of the request. SIDE I (8:37 p.m.) Mr. Dill submitted the artist's rendering as an exhibit (will be on file in City Clerk's vault) and confirmed that the three page vacuum specifications that Mr. Mosby submitted should be entered into the record as an exhibit. Being no further input, Mayor Barnes called for a motion. MOTION by Bishop/Majcher "1'11 move to approve Resolution No. R~00-56 Special Use Permit for Chestnut 512 Carwash." Mayor Barnes asked if Mr. Bishop wanted to include the additions of approval as submitted by Mr. Dill. Mr. Bishop agreed and Mr. Majcher seconded "with conditions". ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 Mayor Barnes called recess at 8:43 p.m. and reconvened the meeting at 8:55 p.m. All members present at roll call were present when the meeting reconvened. paegUlar City Council Meeting ctober 25, 2000 ge Six 00.113 00.016 13, 14. 15. 16. INTRODUCTION OF NEW BUSlNE~ F_[/~OI~I THE PUBLIC Item that has occurred or wes ~scovered within the prevfous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker None. COMMITTEE REPORTS/RECOMMENDATIONS. None. OLD BUSINESS Apl~rov_e Hew Location for Closing ~)f_ln_~iar~ River Ddve - Coolidge Street to Harrison Street and East EJ~d of Indian River Drive at East Erl(J of Fellsmere Road for December 19-17.2000 75th Annivgt~ary Street Celebration (Public Works Transmittal The City Manager noted the prior approved location needed minor modification and that it has been requested that the streets be closed beginning Friday evening. Ray Coniglio, 75th Anniversary Committee, gave an update on the street party, and requested on behalf of the artists, that the street be closed on Friday night. He reported that Keep Indian River Beautiful has donated $500 toward the clock tower, and that brick paver forms are available in several locations. Louise Kautenberg, 75th Anniversary Committee, sought direction from Council for the City to host a breakfast at the Yacht Club at 7 am on December 16th for the artists. Mr. Coniglio discussed the idea of advertising that a photograph of city residents will be taken during the festivities. The City Manager said these matters can simply be part of the planning process. MOTION by Hill/Majcher "1 move to approve the new location for the Indian River Drive road closing, add Friday from 4 pm." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye MOTION CARRIED 4-0 NEW BUSINESS Authorize City Manager.to Execute Project Agreement Between City of Sebastian and Flodd~. Inl~l'ld Navigation Distdct Waterw.~ys A~istance Program for Boat_l~ooring and Shoreline Restoration. Site Work and L_a_rldscape Improvements in the/~mount of $170,000 (City Manager Transmittal ~ 0/13/00~ Agreement) The City Manager briefly reviewed uses for the grant agreement for the Good Guys property and responded to questions from Council. {~aegUlar City Council Meeting ctober 25, 2000 ge Eight MOTION by Majcher/Bishop "1 make a motion to authorize the City Manager to execute the Project Agreement between the City of Sebastian and the Flodda Inland Navigation Distdct Waterways Assistance Program for boat moodng and shoreline restoration, site work and landscaping improvements, in the amount of $170,000." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk ~ absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 00.236 Approve Comguter Upgrade for City Clerk's Office - Six Dell Computers Under State Contract -HewJetl[ packard HP 4500DN Colo]' Laser Printer from Pomeroy Government Sails State Contract - Netware UDgrade~ Supported by State Contract and |llStallation/Configuration by NCR ~e~hnician. Bob Mouring for a Total of $20,127.93 (Cib/Clerk Transmittal t0/19/00, Dell Quote, Pomeroy Quote, Mourin. q Q~/ote, Minutes Excerpt) The City Clerk briefly described the anticipated upgrade. MOTION by Bishop/Hill '1 move to approve the purchase of City Clerk's office computer and printer upgrades from Dell Computers and Pomeroy Government and Education Sales, under state contract prices, netware upgrades supported by state contract and installation/configuration by Bob Mouring, NCR, for a total of $20,127.93." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 00.237 Approve P~chase of 2001 Chew Silverad. Q (;! 500 Pickup Truck for Building Officia[il~ the Amount 9_f_.$15.543.00 - 5 Yr/75,000 mile~J~{) Deductible Extended Warranty - St~ll[e (~ontract - Bell Chevrolet, Inc./Bill. Heard Chevrolet, Inc. - Plant City.(J~uilding Department Transmittal lOll State Contract Pdce List) The City Manager recommended deletion of the five year extended warranty. MOTION by Hill/Majcher "1 move to approve the purchase of a new 2001 Chew Silverado C1500 Pickup Truck for the Building Official in the amount of $14,568.00." _egular City Council Meeting ctober 25, 2000 Page Nine 00.238 D. 00.034 E. ROLL CALL: Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Aj;)Dr0ve Purchase of Two GMC E~ter~ded Cab Compact Pickup Tfu.~k~ for Engineering Department in the Total Am~)Llnt of $28.224.00 - State CQ~.t[~ct- Kaiser Pontiac GMC (Engineedr~g Transmittal 10/10~{)0, Engineer Memo) MOTION by Majcher/Hill "1 move to approve the purchase of two GMC extended cab compact pickup trucks for the Engineering Department in the amount of $28,224.00." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 Authorize O[le Member of City Coun(;Jl Iq Travel to Tallahassee on 11~15/00 to Participate in State 0f Florida Historic Prese~tiQI1 Advisory Review Board Pr.e~,entation for City Hall Resto~'atign Program (City M~n~ger Transmittal 10/13/0~ The City Manager described the purpose of the trip and it was suggested the trip begin on the afternoon pdor. MOTION by Hill/Majcher "1 would move to authorize Mayor Barnes of the City Council to travel to Tallahassee on November 14 in the afternoon, stay over one evening, to participate in the presentation to the State of Florida Historic Preservation Advisory Review Board in an effort to obtain funding to successfully implement the overall City Hall Restoration Program." The City Attorney advised removing "in the afternoon" and Mr. Hill and Majcher concurred. ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye MOTION CARRIED 4-0 {~egular City Council Meeting ctober 25, 2000 Page Ten 00.231 F. Authorize lYleyor to Execute Employmel3J ~;Ireement Between City of ~b{a~tjal~ and Sally Maio (City Attorney Transvaal 10/19/00, Contract) MOTION by Bishop/Hill ~1 would move to authorize the Mayor to execute the Employment Agreement between the City of Sebastian and Sally A. Maio." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:30 p.m. Approved at the ~'~~ ~ ,2000 Regular City Council Meeting. f Iter Barnes City Clerk ]0 District and Genernl Regulations Ar~ele V: Zoning District Regulations SE CTIO~. 54-~-5.3 COIVI3,LERCIAL DISTR.ICTS (Subsections S4-2-5.3.1 through GENERAL _I~TE.N'T OF CO~'V[ERCiAL DI'$TtL[CTS overall purpose s~d L~tm: of the 'commercial dis~cts is to. ~rovi~ a maaa6a'nem framework t~r ~mpiem~ting Comp~h~sive P1~ co~i~ ~velopm~t obj~ves ~d politic. ~e toca~an ~d. dis~bution of specific ~ ofco~ia[ ac~ s~ be.~tu~ed b~ed on ~e follow{ consid~uo~: · Thp generation charact~ris:ics, including impact ou u-au~po~tiou f~ilities ~d.off-s~ p~g:sysre~; · Location ~d site requi~ b~ed ou ~eci~c 'anticipated empioym~t. Sene~on ~d floor · Compatibles. wi~ ~d imp~: on ~5y ~id~fi~ md o~ s~d~g co~ial ac~vifi~; . R~latlonship to s~d~g [~d ~ ~d na~ ~; ~d · ~pacc on existing ~d pl~ co~i~ se~ces ~d R~lttics. All ;omme~ial d~v~ioPm~t shall comply wull ~ ~ti other ~pilca~ie l~d'develcpm~; ~oning dim~;t ~e~iu csmbiish~( ~cluding ~f, ence ;o ~e Co~rehe~i~ Pi~ Fu~ ~ud Usc Map desi~ation whic~ ~hatl be impl~t~ t~ugh ~e SUBSKCTIOW 5~2-S~.1 CO~RC~-512 DIS~ (C-S22) A. ' I~WT. ~e C-512 dis~c~ is ~blisbcd ~ [mpi~: Comp~iw PI~ policies for m~agiug land dcsi~ated for come.iai d~eiopm~t ~oug se~eu~ of C.~ 512. l. Tra~c Impa~ ~oug C.~. ~12 Cot~dor.' ~ p~os~ ~d ~t o~ ~e C-5 i2 '~a~ct ~ co p~vide a well-p~e~ ~d equable developm~t ~ ~e C-~ 12 d~ut bo~. ~e ~g ~ oYdeveiop~c wi~eut such ~agon violates accep~d p~cipl~ ~. p~ic~ of ~c ~ee~ cctv road policies ~d s~d~, '~d ~v~ely ~pac~ ~e ~, ~l~, ~d co~v~i~ce of the motoring public. hig2way on ~e ~jot ~omu~e p}~ of bo~ ~e'.Ci~ of 9cb~ ~d Mdi~ ~ver Co~. Both ~owi~ge ~at C.~ ~12 is a ~j~ ~gion~ ~o~fion facili~ 1~$ U.S. &e Ci~ oFV~ Be~h'~b~ ~m~ m ~e sou~.' 2. Plan for Off~ PmrMug-and ConfoUnd Curb' Cu~. ~e ~ose ~d ~t of ~e C-~ 12 ~ct is ~so to ~ct ~ter pl~ ~r p~: d~eiopment in o~r ~ ~le~a~ pooh,al. ~c c~sfion ~ong ~ C.~ 512 co~dor. Al~ou~ presently l~d ~n ~s dB~ct is ~ladwly ~d~eloped, if ~e m~ia~ons pres~bed he, in w~ ~t duly ~pm~ ~ ~vmiopm~t ~ ~s dis~ct would gene~ unsafe ~d ~ge~ ;onflic~ in ~c ~ow along C.~ 5 l 2. EXHIBIT 1 · Land Dcvclopmcnc Code ~ 13/2000 9..0g A.',i Page ¥-t I Ci~ ot'5eba.~u~ Ch/",.ter ri'._- District ,,nd Geaera! Regul~tieus USES I?IiRI'VlITT[D Cuitual or Civic Facilities AcLmi~istrati've Services, l:~b[ic and l:¥ivat~ ClubS" a=c~' L'odlles; PUblic- and~-Priva~ Business and Professional Offices, excluding drive- tl. irousJa facilities Medical Services Home Occupations C. CONDITIONAl, U.StI$ Child Care Services Nursing Homes ?ro~ective and Emerg~tcy Services, Public Utilities, Public and Private Parks and Recreation, Public D. DIi~LKNSlObrAL REGULATIONS Maximum FAR.: 50% 'Maximum r-Iei~t: 35' feet. Lot Coverage: Maximum Buikiing Core. ge: M~im~ [mpe~io~ S~ce 80% Lot Dim~ions: Minimm Lot Sac: Minim Wide: M~m D~: Fmn~ Y~: 20,000 square feet. 125 f~t. t 60 t'~t. Side Yard: Rear Yard: A~-,l:icle V: Zonin~ l~trlct Resulaflons Pl~t Nurseries Commercial Amus~m~s, enclosed Ke. stau.r~ts, exclacling ciriw-through facilities Accessory Uses rn Pertained Uses Residential Uses accessory to Permi~d Uses G~ .~e~,$al~Retail Yet~ary Services Accessory Uses m Conditional Uses Minimum Open Space: 20% If abutting CR 512: 74 feet O~er, vise, all oth~r front yarcis: I0 Set NOne if the building is bttilt to the si~ property line(s); o~erwise a minimarn of' 10 feet. I0 feet Development Code ~/L:i/~I00 9:09 'P~ V-l~ Cir/ot'Seb~ ~'h~ :':er I~ Dbrr~cc and Gener~ Regulminas Az-fide ¥~ Z~ntng District Reguht~ons R.~a.r yard Landscape Reqairemen~: A rear yard buffer strip shall be requir~ pursuant to Section $,L3-14.1.5 in order to provide satisfactory screenLqg of the dh~ct font abutt~g residenti-lly zoned property. Unified Control of Land. All development proposals having a C-512 designation must demonstrate thst all l~nd within the project is held trader common owll~'~bip whether aa individual, a, parmer~hip or corporatio~t, subrmts :be proposal. Ms. ndatory Compliance with l~laster Parking and Curb Cut Control Plan ('MPCCCP). -The MPCCCP is hereby adopted by reference and shall al:rply to all developments wit. bin the C-$I2 district. The MPCCCP is on file in the Planning ~d Omwth Mana~-~em Depsrtrnem. Expansion of Uses to Adjacent Lot(s). An ex. isUng pe:trdtted land use with.in thc C-512 district may be expanded co an adjm:ent lot or lots of less than 80 fe~t widzh providing the following conditions adre met and r~e Planning and Zoning Commission approves the site plan for the expansion: The subject lot or lots shall be under unLfied control with the adjoi:d~g subj~t developed properties pursuant to Section 54-2-5.3. I(E); ' All such extensions must be constructed a.s a contiguous extension to an existLng sttucmr~ on the adjoin/nE loq and The:proposed d~elopm~t shall comply wil~ all codes and ordinances of the city of Sebastian and .'reasonable conditions a~xu-d to the site plan by the.Plar, ning and Zoning CommL, aion and/or the City Council, CompatibiLity of BuLldL~g Lines. No slructure within the C-512 district sba/l be set back more than eighty-four (84) feet from the front property line in order to ensure a uniform patm'n of development along the CP. ~ i 2 corridor. SUBSECTION ~-2-$.3.2 COi~M]CRCiAL LEMITED DISTRICT (CL) INTENT.. The CL district is establisimd to implement comprehensive plan policies for managing land designated for 1Lmited commercial development. Areas designated for limited commercial development shall not accommodate large-scale retail sales arid ~ic activities generally serving regional markets. Such. stores usually differ from limited commercial shops since the former generally require a larger floor area, cant a r~buively larger lavatory, and requite a ~J:~stantiaLly grater off-street parking area. Uses which are not accommodaled wit, bin the limited commercial area include the 'following: large scalc discount stor~s or st:permmrke:s; department stores; wholesale and warehousing activities; sales, service or repair of'motor vch/cles, trmcbine equipment or accessory parts, including Ute and bakery shops; automotive services centers; ~d fast food establishments with drive-in or dr/ve-rJ:,-ou~ facilities. B. PERMITTED USES Business and Professional Offices, excluding dr/ye-through facilities Cull'a-al or Civic Facilities Medical Services Commercial Retail _<5,000 sq. ft. Home Occupations' Parld~g Garages Churches Administrative Service, Public md Pr/race Clubs md Lode, s, Public and Private All-Uses P~mi~d within the RM-8 Zor~ng District Accessory Uses to Permitted Uses Land Development Cod-' 5115/~000 9:09 aM P:~e'v. 13 Cio' oF.Sebas&~q __ .. . . , ,)~ :..,.r .'. ...... " ...... ,"'.'?~:~"~ ;;7 :.',-'.'.:: ,.., , .' '.., ~_~... , .-....- ,..',. - ,.,..:-,,. .... -,: ......... y/H,., ..~,. ~.... ,:',.,~; :..~,~,? :'i-i~.,.' ...... :'- ~'"','.: .:v'".:" '.'.;.' :'-':.;,'~::.. '~ ...... ~ '." ',," ...,. :" .' ':?"~ - ,'~ ',:~ '~i~.,,'.'."g~:..'~."-,'~?:~q.~,~,~';~ ..... - ...... -" ............ .'-~.: .'-" ~ T':.' ':~,~ ,.,-...~ ........ .. :, ,::.)~..:: . . - .. :. . ~. ..':[~ . . ', . 2000 ........ . ...... ,, ,... ,. . . - :~: - ........ · .... October 24, --' ::'-'.?:. , ...... ,. -:- ~,,., ":';~ --- .._ ~:~' . ,;, :,.,,:,,., .,. ':_.':2, ....... ~',,~' ' ........... Mr. Wari'~n Dill, P:ASi',"' ...::_...'-%.'.::.~ . 'i:...,' "':'" -.t.:':'"':'" ..... ':'"' Via FacSOnile .- ...... r.-,~ ............. i*., .J~,a,;d,~.3 ~';" : ....3~'' 1 $15 US Hwy, 1 #20 f': ".':,:'-,:.-.'. "*';'~;".:, ' - · ~ ..... - .~ i~ - En~e~'s"ProjecfiN~ber:..~0-23'~-LL. As discussed in our meeting laxt night, the.following is a summary of the traffic generation of comparable-uses that could be constructed.., at the.'subject project site. Based on our experience and recent s~te plans developed.along the.Cl~ $!25comdor the following a traffic comparison- USE' '- BUILDING SIZE Chesmut Car Wash ..... - -,.,." 2.79,~:8F (~ 151.2/1000'SF Office (General) 7000· SF'~ 16:3/1000 SF Medical Office "~ "::'": 650:6~SF ~ 39.9/1000 SF TRAFFIC 'GENERATION' :-423 ADT.:" ..!_:1'14 ADT..:_' " -260 ADT~'i.}~ CommercialKetail.., :": 650'G:SF ~ 94,7/1000. SE .~616::ADT~/:~:i:. *- ..... Restaurant:i- 'ii': 6500,,'SF.~ 177·.4/1·000 SF .:!~; .:~,l,~53..,~AD~i: ~-- ':.:... Trades .... . .....7000 SF ~ 51:3/1000 SF'::, .:: :iii:~ ,..":"359 ADT.?::.:'!~:' .. :..?:-.:: veterimry.:.. ,..': :'.' .7. 000::8F.'~. 3?}~/!~:~01:SFi:::'i::' !:,-:.:::;.! '"' .- ":.:':!1279 ADT:::,:}".'..." ~::' ?:':,' ... OaSolhi~-;sales: .. ;~::.' ,' "' 3'000 SF:':~ 6:l/~p::':~:.270/pfirnp'; : ,:i~620i~: ~-- '::"' .... ' ,' "' ........ .q~' . ' ;.. ' :' '." J, ;. :... ' .' ,. ,' .. ' ,.: :*5.'. ~'4~" : "~"; '- ' ' ...... · . ....... ,.,: ,0,:~ ,.,'U ' --:, ',," - '-,.' · ' ._:, ' .. '~ ~. ' :;:~}~,.". ': ...... ", .7. '-'2,'?c :: ,' As You'can see the ':i~r6posed~.c~}iwaSh will gen~rite mo~e i~'ifffic thmi:,:~0'~'tyPical:~office'andi:.. medical ·office uses bat,will::'g~h~ri{fe, much less thiit the allowed.retail,/~gta~t :'ah~i~gas. station:i:},. , ..~, .i':,,~ ,.,~,~ ~.~,. " .-~ : ...... ¢.- 7' ~ .o,~,Z ~. "o'_~T',,~:, · ~;-~[~ '"' ~. ,, ""' "'~" : .;:- · ,. . --,;, -- ~ · '~ ,~ ~, ..... -.. ............. · ~; -_~i~ · .-,. uses, ~ -. ...... , ....... ~,..,.. ,, , .,:=,~ ....... . ...... · · ,-~.~ ..... .,~ .... .... :: ':::" ' ::.'. ':'- ':" ":::"' :;;--' -'- ": · 4': :.-:. .':..:-.... · ' .........'" ...................... ' .............. ..... )~':,.'.i W~th regard .to .the;additional., landscape: along..the:,'frontage.;ofi:CR 512'...we-have added nine:';(9 ,.. ........... ..., ..... .... trees over'and },ouve.me C~ s:reqmremem$.-,. -. ~.._.: ...... .......~,.:... ..,~::.:. . .=. :.'::'...., -'. 7:'. '::'"'. . .:":'t: '%'d::~,:,'.:-;:- ..-:',--:.:~,~..i:::.";': .' ':: 'Tii~.-~: . '-' ..~.~-' · e'---'.~f,-' :-...~'-' ': :;-i' . .... %~:: ':' .:':..:,~ .~..~: .... ,'~ - .... ~:.::",,.~,.~.T.',: . '..,~., :,,.¥',.' -. -~:.~.'-- ~ - .... .m-- -. · '- --~-- ~' .,...' -.- .' ~ ~--': ..... ,~ .,'...=~'" " " "'~ ' ' -2~j':'¢' ' ......... :..~/.';,,."""...~.".. "..%. ~'Z-" .' .: ': ......... .'.'."~.-,:-.. ' . .'Z'-~-.:'.. .'.. -,.~.-' ' ............ "' ' '~'"~'?'"~'>:~' ,. ....: 'L', · ,...',':': . '~,. . , ';..'~?'- ~ ' - .' ..... .,'~.-." . · 1, '~ ':- %',.".,. " ' ,,. . ,,.'.,~, ~ · . . .~..,. ... ..~,; . . ~. , . ........ .-~ ' ' . :E"--' !.'q' ..,... ............. ,,_. · . ':~... :-. , >~ ......._.: ,. ..... - .... · ...... ... ~', ~,' Mr. Warren'Dill October 24, 2000 Page 2 .... ., ' "' ~2.', ARTICLE XXI: PERFORMA~NCE OVERLAY DISTRICTS SECTION 54-4-Z1.1 ~NTENT The intent of this section is to describe certain Performance Overlay zones used to impose special development restrictions on identified areas. The location of Performance Overlay zones is established by the City of Sebastian based on the need for special protective measures in that area. The underlying uses in the area, as determined in Chapter II of this Code, remain undisturbed by the creation of the Performance Overlay zone. The Performance Overlay zone merely imposes additional or different development standards than those that would otherwise apply. SECTION 54-4-Z1~2: · .PtfRPOSE ...... ';? .' The overall purpose of these regulations is to: ' ' Promote an attractive and inviting corridor, . Provide for a sufficient amount of attractive and 'Well-maintained landscaping to complement buildings and structures within the corridor. Encourage development o f attractive 6uildings within the corridor, Ensure unobtrusive and orderly signage that averts a garish and visually cluttered appearance 'along the corridor. Encourage creative designs and buildings of quality; [;oster creative approaches that result in buildings of enduring ch"actor through use of quali~ design and building materials; and Make the Overlay Districts consistent with their vision statements. SECTION 54-4-21.3 SPECIAL REGULATiOtNS-A.ND EXEMPTIONS A. Exemptions. Within the Performance'Overlay Districts, the following exemptions shall apply: ' L Single-family development and redevelopment shall be exempt from all Performance Ovetl.~y 'District special development regulations., · · . ' '. ~:;~.~"." :' t;~J ,.., ' "i~, " " ..... ~ 2. Industrial and' storage buildings located Within'an 'industrial district'Shall be exempted from foundation planting landscaping requirements and archkecmral/building requirements only if no building facades abut a residentially zoned area or front on public or platted roads. Ail industrial buildings shall satisfy the color requirements. . Electrical substations and simi!~ar.public or quasi-public facilities that Prohibit access by the public onto the site may be exempted from arehitecmralgouilding requirements, if the exempted building(s) and equipment will be visually screened from adjacent properties and roadways. B. Uses. With the following exceptions, uses within the Performance Overlay District~ shall be as specified 'in Article V of this Code. Outdoor displays. No outdoo~ displays shall be permitted unless approved by the Planning and Zoning Commission pursumat to Section 54-3. I 0.2.D. Uses with Vehicle and Service Bays. Uses involving vehicle and service bays that are oriented perpendicular to CK $12 are allowed only if a Type "B" buffer with a four (4) foot high opaque feature is provided along the'site's CR 512 frontage. Land Development Code: - ~,~i.'i. . :~/,. Page. X~XI-.[ .... 6/9/20003:52 PM ~ ' , ' ...... EXHIBIT 3 CitT of Sebastian 'C_~agter 1W: Administration of Pl~lev/ew and Subdiv/~jons ~(rt/cte :~'~i Overlay District Re~l~fions B. CR512 OVERLAY.DISTRICT REGuLATIOnS SECTION 5,4-4-2I.B.1 ]INTENT "As a significant bUSiness and residential.center and a major entranceway into the City of Sebastian, the corridor will have an attractive, well maintained, orderly and uncluttered appearance. The. Corridor will be characterized by.' impressive .vegetation and landscaping; complementary buildings and signs with enhanced design.~ and aesthetic appearances; and a safe transportation system that accommodates mass Wansit, pedestrians, bicycles, and other Wansportation alternatives,, as. well as automobiles." SECTIO~ 54 ~. 21.B.2 BOUNDARIES OF ~ CR 512 CORR/DOR The boundaries of the CK $12 Overlay D/strict shall include all the properties which abut,CR 512 and that are located within the City limits of the City of Sebastian. If any additional segments of CR. 512 are subsequently duly annexed into the City, land development along the said newly annexed segment shall be consistent with the City's Land Development Code, including this Art/cie, In the CR. $12 Overlay District, the following special regulations and exemptions shall apply to new development and redevelopment.. " SECTION 54.4-21.B.3: ARCl:J/TECTURA33BUILDk-NG ST.~NDAP. DS A. Prohibited Architectural SO/les. The follow are'prohibited: I. Corporate signature or commercial Prototype. architecture, unless .such is consistent with these special corridor requirements. Examples 'of such Prohibited architecture include flat roofed convenience sro.res, gas stations, and canopies for gas stations,, car washes, and drive through f~ilities. ~" ".' 2. Any kitSch architecture (such as a building that does not resemble a typical structure), including structures or elements that resemble'an exaggerated, plant, fish, edible food, or or. her such items such as giant oranges, ice cream cones, dinosaurs, ' · ' 3. Any architecture having a thematic referenCe :that is so'different from current design philosophy that such reference is inconsistent and/or incompatible with surrounding 'structures. Examples of such include: igloos, domes or geodesic domes, ..quonset style structures, teepees, log cabins, western "false fronts", medieval castles, caves, and the like. .. 1. Industrial and Storage Uses in Commercial and Industrial Districts. Compliance shall be required only for those facades fronting on residentially, designated areas or public or plat'ted roads. However, indUStrial buildings shall satisf/the color requirements.. Residentially Designated Properties. :The following materials am approved for use in residentially designated areas: fiberglass or. asphak'shingle-style roofing for sloped roofs and visible roOf structures, and textured plywood as a finish product. Rooftop screening devices shall not be required for attic ventilators or plumbing roof vents on residentially designated properties. However, roof'ventilators, roof vents, and the like shall belocated where'they will be least visible 5om roadways. Land Development Code 6/9/2000 3:52 PM Page X. XI-22 City ofSebasfian Administration or' PI-~.. ~eview and SubdiviSions ~rtiele XXI; Overln3, District R~'~ulntion~ 3. Shopping Centers And Out-parcels. The materials, exterior fi~shes, signage and colors of shopping centers and structures developed on shopping center out'parcels shall be compatible and harmonious with each other as determined by which sm~.cmres are developed first_ This r~irement may be waived by the Ptarming and Growth Management Deparm~ent r a. The initial shopping center, or outparcel was built prior to the enac~ent of the CR $12,' ~ecial regulatiom md b. It is determined by the Planning and Growth Management Depaxrment that enf'omement of this requirement would conflict with the intent of these CR $12 special requirements. 4. Electrical Substations and Similnr Uses. Elecrical substations a~d Similar uses that prohibit access by the public into the site may be '/xempted from. 'all architectural/building requ/rements by the.Planning and Grow~ Management Director i£ the exempted building(s) and equipme.nt will be visually screened from adjacent properties and roadways. I. Buildings with facades fronting on. more than One street shall have similar design considerations (e.g. roof treatment, building articulation,' entrance 'features, and window placement) and consistent derailing on.all street frontages. · 2. General prohibitions and restrictions: a. Fiat, blank, unar~iculated, or massive facades 'fronting on a roadway, exclusive access drive or residentially designated areas are prohibited. Facades fronting such roads, drives, or 'areas shall be designed to incorporate architectural elements providing breaks in the planes of exterior walls and/or roofs to articulate the building and to lessen the appearance of excessive mass. Facades should incorporate elements relating to human scale, and can be divided by use at proportional expression 0fstrucmre, openings, arcades, canopies, f'enesration, changes in materials, cornice details, molding details, changes in the heights of different sections of the building, and the like (stepping or sloping of a parapet' wall in Conjunction .with a low sloped roof is prohibited). Flat, blank, unan:iculated, or massive fonder w/ll be pertained on the sides of a building when building is constructed to the allowable zero (0) foot side setback. ~.' ' · ' The following materials or .systems are prohibited as z finish md/or exposed btoduct: corrugated or fibbed metal panels, smooth finish concrete block (standard concrete masom"y' units), precast concrete tee systems, plywood or textured plywood. Plywood shall be allowed for soffit material. Any canopy (such as for a gas. station, car wash, or drive-through facility) that is wholly or partially within seventy-five (75) feet of a thoroUghfare plan road right-of-way shall meet the following requirements concerning maximum, t'ascia height (This pertains to all fascia on the' above described canopy Ln¢luding an)' canopy fascia that continues beyond, the seventy five-toot limit): ROOF SLOPE DISTANCE Less than 10 feet l0 to 20 feet Greater than 20 feet iViA,~ FASCIA HEIGHT inches t2 inches 16 inches Land Developme~: Code 6/9t2000 3:52 PM Page City or' Sebastian ~2 Technical Sou.n_d_ Level Data_ This chart shows sound level readings with the use of Lamb Acustek motors and foam applied inside the dome to attenuate noise. Measuremen~i The ~acuum unJ~ w~r~. ~l~d out, aide, in a qul~t ~uburban location. The un~~ ~ytindric~l ~uum w~h ~ ~mh ~u~k Mota~ ~nd sound ~nu~t, ing foam. R~ings W~ra ~k~n wish the uni~ "~ "a~ tn op~ra~ion ~ 4~rmine b~h ~a~round and ~cuu~ noise, in ~h~ folI~ing chm~ bnckg~u~ noi~ ts ~p~n~d ~ ~he light ~.i~l ba~, the ~cuum ~ound I~el ~ading ~ the dark g-~ ~haded bar~. F~adln~ a~ dlepl~, '5? ~xi~ at ~rlous ~quencie~ on ~h~ "A" ~ca~ (~1.5 Hz through 8000 H~). ~ ~und le~l (mea~ a~ 5 f~.) f~r each ~quen~y. I~ ~ho~ in Rating: Th~ eound lewl ra~i~g,, a com?ila~i~n of She above nneaeucem~nt~, for a v~cuum Calculated Values: The ~afcula~ec/~und level vaiuee am 58 d~cfbets at.45 ~e~ and 55 declb~t~ ~ 60 fe~ aseuming ~duc~ the l~els ~ the above distances from th~ ~ound ~o ~0 ~o ~ 0 31.5 63 125 250 500 1000 2000 4000 8000 BELANGER OF FLORIDA PAGE ~4 5.7" QUIET BYPASS VACUUM MOTORS* Lamb Electric is pleased to introduce the AOUST~K line of 5.7' diameter, one, twoand three stage, quiet bypass, peripheral discharge vacuum motors*, These models have been designed to provide equiva. lent air performance to current production models at signtficantly reduced noise levels, This is achieved through a compound diffusion ~nd labyrinth system within the motor fan cham~erand through a more' ficient ~hanneling of the ventilating air. These motors c~n offer you as a manufacturer either definitive improvement in a, udible noise, or cost sav- ings through the reduction of sound absorbing mate. rials in your product design. Test results using the AC~STEI<. motor in a variety of standard cleaner housings and operating with sealed orlfioe provide up to a 9.9 dB reduction in sound power when cor~pared against conventional · _bypass vacuum motors under similar conditions. This represents a possible 90% de0rea~e In sound power when c~nslderlng the f~t that eve .fy reduc- tion of 3 dB represent~ a 50% deorease in sound power. The AO~s'rEK model line effem a wide wriety of performance levels ranging from 49" to 119~ of sealed vacuum. These models offer a diversity of design features including: ball/sleeve or double ball bearing designs~ the Lamb Air ,Seal bearing lion system (U~S. Patent #4,O88~424), an epoxy 'kCOGTEK Design: U.S. coated fan system, and either a provision for ground- ing or double insulr~ti0n, Contact Lamb [::tectric regarding proto[ype re- quirements for your' testing ~nd evaluation. 116762.50 Single x 5~" 1167~7d3 Two X 85" D~116024 Two X 85" 116758-13 Two X g~" Did 16025 ~w o X 92 ~ 11876348 ~ T~O X 107" ~116~64-13 ~ Three X 119" B/8 115861, 116LXJ9.00 B/S~ High Airflow 1161g['~00 BI8 A/S, ~. 116336~0101, ~ 1575?'P, 11s?66.P ~, AlS, E Ne~ B/E, A/S, E 11~212-00 BiB, A~, E ~164~1~0113 BIB, AG, E 1161~7~0, 1 le~g113 PA~E Sound Insulation. 1oo2 FKOPUC'T ~rlh' ~' Itg/~' '-'"'5 ~ ........ .~¢!~b'SV CAF. F-,IA6~B 5¢ ;5/8-10X1~ 2 [5~^CKET, PI~W:EI~ LOCI~. T^NG 1 5yr~y Adheek,¢ - DM ~ 5Fra,J Adh~eiv~ Or' similar, Sound_Level. This oha~ sh~ sound level readings web ~e , ~e ~ ~mb mod~ 116~36 m~o~ and foam '"~'/ applied i~ide the dome to ~en~ noise. Measttrem.e..nts: " - ........... ' -'-" The vacuum unlt,~ w~r~ ~ o~ld~, In ~ ~ui~ ~ubu~an ~llnarioal vacuum w~h m ~mb A~uet~k Mo~re mad ~ou~ ~Mum~in~ ~oam. ~m~in~ ~ ~k~n ~ %ho un~ Oalcul~d The cat~uta~d eound I~t ~tue~ ~ 58 d~fbelm ~t 46 ~e~, and 55 ~clb~lm ~ ~0 ~; me~uming ac~u~tic, lty ~e~i~ su~ac~ ~uch ~s ~n~n~ ~r ~halt, ~nd~c~ping, wall~ or o~her b~ers would ~uce th~ t~el~ atthe ab~'~ dinah.s from the ~und 80~ 60' 40 20 CONDITIONS OF APPROVAL A stop sign shall be installed at the egress on the south side of the sidewalk along C.R. 512. An eight foot wooden fence shall be installed on the rear of the property rather than the six foot wall shown on the plans. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m A stop sign shall be installed at the egress on the north side of the sidewalk before entering C.R. 512. A screening wall shall be constructed across the front of the property as shown on the Site Plan revised on October 3, 2000. The building shall have a tin roof, with design coins on the corners of the building as shown on the rendering presented at the October 25, 2000 City Coundl meeting. Landscaping shall be installed on the south side of the eight foot wooden fence located on the rear of the property as shown on the Site Plan revised on October 3, 2000. In addition to the required landscaping, nine (9) additional trees shall be planted as shown on the Site Plan revised on October 3, 2000. HO.ME Of PF. JLICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 25, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per speaker (R-gg-21) 1. CALL TO ORDER 2, PLEDGE OF ALLEGIANCE 3, INVOCATION - Pastor Bob Littleton - Lakeside Fellowship Church 4. ROLL CALL 5. AGEND~ .MODIFICATIONS (ADDIT,I_0NS AND/OR DELETIONS.) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 6. PRO(~LAMATIONS, ANNOUNC__E~MENTS AND/OR PRESENTATIONS 7. ~JTY ATTORNEY MAT~F~S 8. ~:ITY MANAGER MATTEL~,~ 9. CITY CLERK MATTERS 10. CITY COUNCIL MA'I-[.I~,~ A. Mr. Hill B. Mr. Majcher C. Mayor Barnes 00.075 1. Indian River County Emergency Services District Advisory Committee Member (Commissioner Adams Letter, IRC Resolution 2000-124, Current City Member List for ESDAC) D. Vice Mayor Bishop E. Mr. Barczyk 00,232 00.233 00.198 00.234 00.235 00.029 00.197 11. 12. ~ONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate ~scussion of consent agenda items unless a member of Cify Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 10/11/00 Regular Meeting Resolution No. R-00-59 - Vacation of Easement - Scoff - Lot 12, Block 447, SH Unit 17 (Growth Management Transmittal 10/18/00, R-00-59, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT OVER LOT 12, BLOCK 447, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-00-60 - Vacation of Easement - Nubi - Lots 10 and 10A, Block 229, SH Unit 6 (Growth Management Transmittal 10/19/00, R-O0-60, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT OVER LOTS 10 AND 10A, BLOCK 229, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Approve Final Plat for Acorn Acres Subdivision (City Engineer Transmittal 10/18/00, Final Plat Under Separate Cover) Authorize Mayor Barnes to Attend Florida League of Cities Local Government Leadership Class VI - Tampa 2/15/01-2/17/01 and Orlando 4/19/01-4/21/01 Pursuant to Chapter 2. Division 3. of the Code of Ordinances (City Clerk Transmittal 10/20/00, FLC Letter and Class Curriculum, Ch.2-Div 3 of the Code) Sebastian River Area Chamber of Commerce - Taste and Treasures/Paddle Fest 2000 - Use of Riverview Park "Riverfront Area" - Saturday, 11/4/00 8 am to 4 pm (Public Works Transmittal 10/17/00, Schedule of Activities) QUASI-JUDICIAl. PUBLIC HEARING Quasi-Juc~cial Hea#ng Procedures on Back of Agenda Resolution No. R-00-55 * Preliminary Development Plan Approval for Phase IIA and lib of Collier Club Subdivision (Growth Management Director Transmittal 10/9/00, R-00-55, Application, Staff Report, P & Z Minutes, Location Map, Preliminary Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR PHASES IIA AND lib OF COLLIER CREEK SUBDIVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-00-56 - Special Use Permit for Chestnut 512 Carwash (Growth Management Transmittal 10/9/00, R-00-56, Application, Staff Report, P & Z Minutes, Location Map, Site Plan Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 13. INTRODUCTION OF NEW BUSINESS FROM TI'JJ~ PUBLIC Item that has occurred or was discovered within the previous six months which is not othe/wise on the agenda - sign-up required, limit of ten minutes for each speaker 14. COMMITTEE REPOI:~'~II~ECOM MEN DATIONS 15. OLD BUSINESS_ oo. 113 A. Approve New Location for Closing of Indian River Drive - Coolidge Street to Harrison Street and East End of Indian River Drive at East End of Fellsmere Road for December 16-17, 2000 75th Anniversary Street Celebration (Public Works Transmittal 10/18/00) 16. NEW BUSINESS oo. o16 A. Authorize City Manager to Execute Project Agreement Between City of Sebastian and Florida Inland Navigation District Waterways Assistance Program for Boat Mooring and Shoreline Restoration, Site Work and Landscape Improvements in the Amount of $170,000 (City Manager Transmittal 10/13/00, Agreement) 00.236 B. Approve Computer Upgrade for City Clerk's Office - Six Dell Computers Under State Contract - Hewlett Packard HP 4500DN Color Laser Printer from Pomeroy Government Sales State Contract - Netware Upgrades Supported by State Contract and Installation/Configuration by NCR Technician, Bob Mouring for a Total of $20,127.93 (City Clerk Transmittal 10/19/00, Dell Quote, Pomeroy Quote, Mouring Quote, Minutes Excerpt) 00.237 C. Approve Purchase of 2001 Chew Silverado C1500 Pickup Truck for Building Official in the Amount of $15,543.00 - 5 Yr/75,000 mile/No Deductible Extended Warranty ~ State Contract - Bell Chevrolet, Inc./Bill Heard Chevrolet, Inc.- Plant City (Building Department Transmittal 10/11/00, State Contract Price List) 00.238 D. Approve Purchase of Two GMC Extended Cab Compact Pickup Trucks for Engineering Department in the Total Amount of $28,224.00 - State Contract - Kaiser Pontiac GMC (Engineering Transmittal 10/16/00, Engineer Memo) 00.034 E. Authorize One Member of City Council to Travel to Tallahassee on 11/15/00 to Participate in State of Florida Historic Preservation Advisory Review Board Presentation for City Hall Restoration Program (City Manager Transmittal 10/13/00) 00.231 F. Authorize Mayor to Execute Employment Agreement Between City of Sebastian and Sally MaiD (City Attorney Transmittal 10/19/00, Contract) 17. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) 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 MA Y 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.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. J~.p~oming Meetincls: · Regular Meeting - Wednesday, 11/8/2000 - 7 pm ° Regular Meeting- Wednesday, 12/6/2000- 7 pm ° Regular Meeting - Wednesday, 12/20/2000 - 7 pm 3 PROCEDURES FOR QUASI-JUDICIAL HEARINGS IN ACCORDANCE WITH RESOLUTION NO. R-99-12 A. Swearing of witnesses. Any person presenting factual information to theTribunal during the headng shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the Tribunal on the record at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be sworn. B. ~dmi3sjbilty of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the Tdbunal upon a motion by any member thereof. Otherwise, the Presiding Officer of the Tribunal shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. C. Time Limitations. The traditional practices of the Chair in presiding over the smooth conduct of the headng, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Tribunal by majority vote may set limits on the length of presentations and the number of witnesses on a case-by-case basis. D. Disclosure of Ex-Pa_rl~ Communication. At the time the Presiding Officer opens the headng, members of the Tribunal shall disclose ex-parte communications in accordance with law. following order: 1. 2. 3. 4. questions. 5. questions. 6. public. 7. 8. 9. Order of Presentatiorl.After the Presiding Officer opens the hearing, the matter shall proceed in the The applicant or his agent shall make a presentation in favor of the request. The staff shall present its findings and analysis. The Tribunal shall ask questions of the applicant and staff as it sees fit. The floor shall be opened to anyone in favor of the request who wishes to speak or ask The floor shall be opened to anyone opposed to the request who wishes to speak or ask The applicant is provided an opportunity to respond to any of the issues raised by staff or the Staff is provided an opportunity to summarize its position. The Tribunal deliberates the request, asking such questions as it sees fit. The Presiding Officer then entertains a motion and the Tribunal acts. Section 2,, APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of headngs on matters that are determined to be quasi-judicial under the laws of the State of Florida. \wp-min\quosi.pro 4 00.029 A. QUASI-JUDICIAl= PI, I.I~L!C HEARING SIGN UP SHEET OCTOBER 25, 2000 Resolution N0, ~-00-55 - Preliminary Development Plan Approval fo[ Pbas~ I]~ et3d liB of ~,011ier Club Subdivision (Growth Management DjLector Transmittal 10/9/00. R-00-55. Application, Staff Report, P & ~; Minute~. Location Map. Preliminary Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR PHASES IIA AND liB OF COLLIER CREEK SUBDiVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS 00.1 g7 QUASI-JUDICIAL PUBLIC HEARING SiGN UP SHEET OCTOBER 25, 2000 Resolution_Ng. R-00-56- Special Use Permit for Chestnut 51,2 Qarwash (G~owth Management Transmittal 10/9/00.,.R-qq-5~, Application. Staff Report, P & Z Mir)utes, Location Map. Site Plan Under Separate Cgyer) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. NAME NAME NAME RESS ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET OCTOBER 25, 2000 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name; New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name; New Subject: