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Home My WebLink About02132013 MinutescmLf SEBAST HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AND COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES WEDNESDAY, FEBRUARY 13, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the regular City Council meeting to order at 630 p.m. 2. There was a moment of silence. 3. Council Member Hill led the Pledge of Allegiance. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Community Development Director, Joseph Griffin Senior Planner, Jan King Planner, Dorri Bosworth Police Chief, Michelle Morris MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS — none. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 12.146/13.019 A. Interagency Coalition Update — Commissioner Peter O'Bryan and Chief Morris (Clerk Transmittal, Letter of Commitment, By -Laws) Commissioner O'Bryan said he was currently serving as chair of the Interagency Coalition of Indian River County which was a broad coalition of community leaders working to change the community for the better based on the successful round tables of St. Lucie and Martin Counties. He said the Coalition decided they would meet as the roundtable with a subcommittee that would work within networks to identify issues and programs to bring to the table to make decisions to support. Regular City Council Meeting February 13, 2013 Page Two They ask all members to sign a non - binding, commitment letter, to dedicate their time and energy; they appreciate Chief Morris' participation and would love one of the Council to participate. Ms. Coy asked about the by -law reference regarding compensation for administrative services down the road. Commissioner O'Bryan said they were looking at becoming a 501 c3 organization, anticipating the need for a person to work 20 hours per week at $20,000- 25,000 with the member agencies contributing $500 -1,000 and the remainder fundraised from the private community. He said once they become a 501c3, the United Way may donate office space. Mr. Wright asked if they were going to fundraise and redistribute the funds to projects they thought was important. Commissioner O'Bryan said they were not, and gave an example of Indian River County School District's literacy goal of having 90% of the third graders at grade level reading by 2018 where the round table would seek the buy in from the community through volunteers. In response to the Mr. Wright, the City Attorney said the judicial code of ethics prevents the judges, who are Coalition members, from contributing to the administrative salary. Mr. Wright said he would hate to see the initial cost escalate and if that happened he would hope the City withdrew. Commissioner O'Bryan clarified if an agency did not contribute, they would still be allowed to participate. Ms. Coy asked to put this on the next agenda for action. Commissioner O'Bryan asked the City Attorney if he covered the concerns he had with County Attorney Polackwich. The City Attorney said he had discussed some concerns with Mr. Polackwich as well as the City attorneys for the City of Vero Beach and Fellsmere and requested permission to tweak the agreement. Commissioner O'Bryan welcomed any help or input. Ms. Coy withdrew her request so the attorneys could fine tune the agreement. 13.006 B. PACE Program — Mike Wallander & Shannon Bothwell, Florida Green Energy Works 7:12 pm The City Manager said Council has worked with Doug Coward with the SELF Program to help residents make home improvements and at the request of Mr. Wright, he asked Ms. Bothwell to come to the meeting to give information on the PACE program. Shannon Bothwell, Eco City Partners, said the program is designed to improve energy efficiency of commercial properties. She displayed a PowerPoint presentation. (see attached) She said more information could be obtained at (855) FL -WORKS or www.FloridaGreenEnergyWorks.com or info(a)_figfa.org. Mr. Wright said the program was a win for the community and asked to place the program on the next agenda for action. Ms. Coy, Mr. Adams, and Mayor McPartlan agreed to place it on the next agenda. 0 Regular City Council Meeting February 13, 2013 Page Three 7:20 pm In response to Mr. Hill, Ms. Bothwell said there were other similar programs but the difference with them is if the property has a mortgage lien, the owner must get the consent of the lender. Mr. Hill asked if the government would have to collect on the property if the owner loses the property. Ms. Bothwell said the benefit stays on the building as well as the assessment which would stay with the tax certificates with the new owner. C. Brief Announcements Mr. Hill reminded the public that Sebastian has a St. Baldricks Help Kids with Cancer team and invited everyone to participate coming out or donating at www.stbaldricks.org /participants /mvpage /58309 by March 2. He said SeaCoast National Bank is donating $2,000 to the Sebastian's team for their volunteer work at the Fellsmere Frog Leg Festival. Ms. Coy said she attended the County Commissioner meeting where she opposed the three -year, $1.5M contract extension for the Senior Resources Association on the consent agenda to be passed without any discussion by the agencies or MPO. She said the Commissioners agreed and it will go through the normal channels for comment. Mr. Wright reminded the pubic of the Chamber's Concert in Riverview the Park featuring the band Remember When this Friday night at 5:30 p.m. 7. RECESS REGULAR CITY COUNCIL MEETING Mayor McPartlan recessed the Regular City Council meeting at 7:26 p.m. 8. CONVENE COMMUNITY REDEVELOPMENT AGENCY MEETING (CRA Packet Under Separate Cover) A. Mayor McPartlan called the Community Redevelopment Agency Meeting to order at 7:26 p.m. B. Roll Call CRA Members Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill C. Approve January 9, 2013 CRA Minutes MOTION by Mr. Wright and SECOND by Mr. Adams to approve the January 9, 2013 minutes passed with a voice vote of 5 -0. Regular City Council Meeting February 13, 2013 Page Four D. Facade Sian and Landscape Grant Awards The Community Development Director said the Committee met January 30, there were five applications considered and two Committee members were currently present to address the Board. Mr. Wright asked the Board to consider the general comments the Committee members were about to give along with their individual comments on each application. Ms. Keys, Chair of Committee, displayed improved sign pictures of previous grant recipients and noted as the program continues, the Committee has been seeing trends in that requests coming in are for monument signs with plastic fronts, internal lighting which does not encourage the fishing village theme noting they do not have authority to enforce the fishing village look. She displayed a few conforming sign pictures. She said another trend is the business owners are changing the signs after they are paid for and installed. She suggested that changes be approved noting the Committee can meet quickly if needed. She also said the Committee is concerned with the lack of maintenance to approved projects. Warren Dill, Member of the Committee, said the applications are often approved with conditions and the property owners have a responsibility to comply with them. He suggested having a written contract with each applicant requiring them to pay the money back if the conditions aren't met; future changes would have to be reviewed by the 7:39 pm Committee; or have Code Enforcement enforce the rules through an ordinance. He said this will ensure better compliance in the future. The Community Development Director noted the program was not drawn up by ordinance and staff has noticed the non - compliant recipients and used Code Enforcement in the past. He noted some of the altered signs displayed by Ms. Keys have been approved by the Community Development Department. Ms. Keys interjected that staff only has the right make sure the sign meets code, the Committee looks at the design of the sign. The Community Development Director said the program instructions are not the best and they should probably work with the Committee, public, and staff to improve the instructions. He pointed out that the program has had some great success stories. Ms. Keys requested the authorization to have a workshop with staff to improve language to give them the ability to control some of this. Ms. Coy said she liked the suggestion to come up with more signs like Southern Sisters'. Mr. Hill said the program has really enhanced the CRA district, they are talking about a few isolated incidents, and it already falls upon the City to make sure all properties are compliant and maintained, not just those in the CRA district. 2 Regular City Council Meeting February 13, 2013 Page Five Ms. Keys clarified that a sign change can be approved by staff as long as it meets code but the Committee is needed to make sure it complies with the grant. The City Manager said the City does need to use Code Enforcement on some of the nonconforming businesses. He suggested changing the program by setting specific stylistic modifications that provides more of the fishing type feel; they could consider liening the property which would make a contract part of the program; and one of the requirements could allow a new sign to be erected for a business that didn't have one. Mr. Wright said any property owner can request a sign, but when the City pays for it and the Committee has ideas that exceed the code, they should go along and maintain their ideas as well. Mayor McPartlan pointed out there are always a few bad apples in the bunch and suggested requiring maintenance of the sign for three to five years as opposed to eternity. Mr. Adams asked if the money is paid before or after the work is completed and why the business is reimbursed if they aren't compliant. Ms. Keys explained the City reimburses the applicant after the work is done and the changes normally occur after payment. The City Manager noted in pictures displayed by Ms. Keys, the City did an inspection and it was good that day, the landscaping was fresh. In the Squidly Books case, the copy changed and the City didn't have ability to stop that because the sign didn't change but the displayed Man Cave sign was non - compliant. Mr. Adams said he agreed if there is a particular style they want to maintain. Ms. Keys displayed pictures of businesses along U.S. 1 that are supposed to have landscaped buffers. It was the consensus of Council to allow staff to conduct a workshop with the Committee. Damien Gilliams, 1623 US Hwy 1, said the agendized applicants should be tabled until the City Attorney can review program wording to hold the businesses' feet to fire. He did not want to see more money spent when there are problems with the existing signs. He also said they should be getting the highest and best use by matching the program with other funding such as the SBA. He said Council should take Ms. Key and Mr. Dill's advice. Mr. Wright asked the Board to discuss each application individually, the majority of the program has been successful, and to stop completely would be a shame. Mr. Hill agreed. Mr. Adams asked if the Committee works on the rules, can they be retroactively applied to tonight's applicants. Mr. Wright suggested having the City issue a memorandum of understanding with each applicant. Regular City Council Meeting February 13, 2013 Page Six 8:13 pm The City Manager said of the 15 -20 completed signs, three are delinquent, and the City should have been more active. He said if they want to ensure the code is followed, the sign is maintained, the lien is the way to protect the City's investment, but they have to consider how friendly they want to conduct business. He advised the program is very successful and they should move forward. The Applicants Mr. Wright noted what is depicted for Alpha Hardware & Marine Supply in the packet is not how the sign will end up looking. Ms. Keys explained every applicant asked a sign company for a sign and they were given standard design that they didn't care for so the Committee thought they should receive approval and meet again with them to come up with a final design. She continued to explain that the Committee felt Buried Treasures and Ar -Pats were non - conforming signs that should be tabled but the Committee was happy with Alpha Hardware and Sebastian Vacation Rentals. MOTION by Mr. Wright and SECOND by Mr. Hill approve the Alpha Hardware and Sebastian Vacation Rentals applications as expressed by Committee with a final review and hold the other applications until the Committee has further discussion with the business owners. Mr. Adams noted Riverview Park Plaza did not have a recommended award for landscaping but asked about the sign. Ms. Keys said the program ran out of money, the applicant was not at the meeting; his project site is being planned which requires landscaping so the Committee would like to see what is installed first before making any decisions. Ms. Keys offered to contact the owner. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0. E. Mayor McPartlan adjourned the CRA meeting at 8:21 p.m. 9. RECONVENE REGULAR CITY COUNCIL MEETING Mayor McPartlan reconvened the regular City Council meeting at 8:33 p.m. All City Council Members at the previous roll call were present. 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. A. Approval of Minutes — January 23, 2013 Regular Meeting IJ Regular City Council Meeting February 13, 2013 Page Seven 13.020 B. Resolution No. R -13 -03 - Florida Inland Navigation District (FIND) Grant (City Manager Transmittal, R- 13 -03, Application) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, INDIAN RIVER COUNTY, SUPPORTING THE CITY'S FIND GRANT APPLICATION SEEKING FUNDS TO REHABILITATE THE HISTORIC FISH HOUSE LOCATED AT FISHERMAN'S LANDING SEBASTIAN, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 13.021 C. Approve Alcoholic Beverage Use at Community Center — Eubanks 601h Birthday Party — 2/16/13 — 4 pm to 8 pm — DOB Verified (Parks Transmittal, Receipt, Rental Permit) MOTION by Ms. Coy and SECOND by Mr. Wright to approve consent agenda items A -C. Result of the roll call: AYES: All NAYS: None Passed 5 -0. 11. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mr. Adams reported that at the February 6th Treasure Coast Council of Local Government meeting he attended, Workforce Solutions reported there was a half of a percent decline in unemployment for Indian River County which helps. Mr. Wright said he attended the Florida League of Cities Elected Officials Role in Union Negotiations which was eye- opening and he asked the City Manager to share the information with the rest of City Council. Mr. Wright also said he attended the Harbor Branch Presentation on the Indian River Lagoon which presented ideas on what can be done in future to include having the County establish an umbrella organization to have cities participate to solve some of Lagoon's problems. He described how impaired the Lagoon is and how critical it is to local economy to have healthy lagoon. Ms. Coy announced that Mayor McPartlan was named chairman of the Indian River County MPO again. 12. PUBLIC HEARINGS 13.022 A. Resolution No. R -13 -02 — Quasi - Judicial - Special Exception to Allow Qualified Affordable Housing on Skillman Parcel — Legal Notice 1/29/13 (Community Development Director Transmittal, R- 13 -02, Application, P &Z Minutes, Comp Plan Excerpt, Map) 7 Regular City Council Meeting February 13, 2013 Page Eight A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR QUALIFIED AFFORDABLE HOUSING AS A CONDITIONAL USE IN THE COMMERCIAL GENERAL ZONING DISTRICT SPECIFICALLY FOR A 12.49 ACRE PARCEL LOCATED SOUTH OF MAIN STREET, AND BOTH EAST AND SOUTH OF THE SEBASTIAN POST OFFICE, HAVING INDIAN RIVER COUNTY TAX PARCEL ID NO. 31- 39-06- 00005 - 0004 - 00002.0; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor McPartlan opened the public hearing at 8:40 p.m. and the City Attorney read the title of Resolution No. R- 13 -02. Disclosure of Ex -Parte Communications In response to Mr. Wright, the City Attorney said ex -parte communication is any communication with any party, representative, or witness outside the presence of the remainder of the City Council. Mr. Wright said when this item was sent to the Planning and Zoning Commission, a gentleman asked what the process would be and he advised the gentleman to get with staff, subsequently, the gentleman called again for the Council meeting process. The City Attorney said quasi means the decision is judicial in nature but not made by judicial officers but elected officials. Just as a judge, the decision must be made by what is presented to them tonight which has to be the basis of his decision. He asked Mr. Wright if, because of the contact, was he able to make an impartial, unbiased decision tonight. Mr. Wright said he could. The City Attorney then asked the audience if anyone objected to Mr. Wright participating in the panel and there was no objection. Ms. Coy said she had discussion with the applicant on the Senior Center. Citv Clerk Swears in All Who Intend to Offer Testimonv The Clerk swore in all those who were to offer testimony. Staff Presents Findinas and Analvsis The Senior Planner said a special exception provides for a use in a particular district, and if controlled, would not affect the public health and welfare by allowing the use. She said the request is to allow qualified, affordable housing as a use in the CG zoning district which is only allowed in the commercial district. She said the applicant feels this would be a good fit with the surrounding area and Council's next step is to listen to recommendation of the Planning and Zoning Commission, review the agenda packet, information to be presented tonight, and make a final decision. Applicant Presentation Roger Skillman, 1711 NW Fourth Avenue, Delray Beach, said his family purchased property in early 70's and annexed it into the City under CG zoning which allows affordable housing up to eight units per acre. He was asking for a density bonus to put in senior housing which would be more attractive to a developer. Regular City Council Meeting February 13, 2013 Page Nine He said at the Planning and Zoning Commission meeting, he said he heard comments expressing displeasure in affordable housing, but nothing about density which is what they are asking for and would be happy to dedicate it as senior housing. He distributed a site plan stating he has no plan to develop the property. (see attached) He said one of the other comments he heard was that affordable housing would take the property off the tax roll and pointed out a church would also take it off the tax roll; he also heard there is sufficient density bonus property available for the needs in the City and asked them to keep in mind that doesn't prevent a developer from building affordable housing there now. He said they have been good citizens to the City, they have offered the property to the City at a reasonable price which would have given the City control on what happens to the property. Council Questions of Applicant and Staff In response to Mr. Wright, Mr. Skillman said he offered the property to the City at $1.5M but it was listed over $3M about ten years ago. Ms. Coy asked for clarification that the variance could have the senior housing condition and if sold and sold again, and the new owner decided not to do it, the variance remains as intended. The City Attorney responded as long as it is undeveloped, the new owners take the same condition. Mr. Skillman pointed out site plan review would take place before ground is turned. Mayor Opens The Floor For Anyone In Favor Of Request (anyone presenting factual information shall be sworn but anyone merely advocating approval need not be sworn in) None Mavor Opens The Floor For Anvone Opoosinq The Request Rick Wisner, 1204 Main Street, owner of Wisner Controls, 15 year resident, said he received a letter stating the zoning was going for a special exception for affordable housing. He said he was concerned with what could end up going there noting another affordable housing project would be too much in one area and he always thought there could be another office building there. He asked Council to consider the concerns of the residents who have been here, paying taxes, and deny the request. Applicant Response To Issues Raised By Staff Or Public Mr. Skillman pointed out they are paying taxes, and he would be pleased to be restrict development to senior housing only. N Regular City Council Meeting February 13, 2013 Page Ten Staff Provided Opportunity to Summarize Reauest The Senior Planner said there are positives and negatives with this request; senior housing would help the Shady Rest residents that will soon need to relocate, they have heard from folks that feel there is too much affordable housing in one area and the property could be removed from the tax rolls. They do not have a recommendation one way or another; noted the Planning and Zoning Commission recommended denial based on the fact they could not find it injurious to the neighborhood without a site plan. City Council Deliberation and Questions Mr. Adams said in looking at the "findings of fact," he finds himself going along with staff since they have no idea what will go there and he would deny the request. MOTION by Mr. Adams and SECOND by Mr. Hill to deny the special exception request. Ms. Coy stated there is a shortage of senior housing in the County, there is a big difference between senior housing and public family housing. She asked how senior housing fits in the staff summary. The Senior Planner said they have right to approve with conditions and it could be added to the resolution. Ms. Coy asked Mr. Wisner if the condition of making it senior housing makes a difference to him. Mr. Wisner replied definitely, he just wanted to protect his property. Ms. Coy said the condition should be added. Mr. Hill stated affordable senior housing could have eight or twelve units; and could be built on the property today. Grant dollars are based on the additional number of units placed on the property and he asked if the request was not approved, what would be the applicant's hardship. There was no response. Mr. Hill said to allow or not allow the exception does not create a hardship and he would support the members of the Planning and Zoning Commission's decision. Mr. Wright said if they have the potential not to increase the taxes, why they would want to increase the density which would increase the services and road traffic. They would face a lawsuit if twelve units were allowed and they went down to eight. He agreed with Mr. Hill in that this was an effort to increase the value of the property for a sale. ^ Mr. Adams clarified his denial isn't because he does not want affordable or senior housing but because there isn't enough information in the application or a site plan. Ms. Coy asked if this came in with a site plan, would they be separate, distinct issues. The City Attorney said yes, typically Council would deal with zoning first and then the site plan. The problem is the factors that must be considered for a special exception are answered in a site plan but there isn't one for staff to hold discussions on. The City Attorney said Council may wish to consider denying the request without prejudice which would allow the applicant to come back and repeat the process with a site plan. If they deny it with prejudice, there are legal issues for the applicant before he can approach government again. The City Attorney noted the applicant indicated he did not plan to development the property and incur the expense of a site plan. 10 Regular City Council Meeting February 13, 2013 Page Eleven Mayor Calls For Motion Ms. Coy asked Council to amend the motion without prejudice. Mr. Adams agreed. City Council Action AMENDED MOTION by Mr. Adams and SECOND by Mr. McPartlan to recommend denial of Resolution R -13 -02 without prejudice. Result of the roll call: AYES: All NAYS: None Passed 5 -0. 13. UNFINISHED BUSINESS — none. 14. PUBLIC INPUT 15. NEW BUSINESS 13.023 A. First Readinq of Ordinance No. 0 -13 -01 — City Clerk RMLO — Exclude Law Enforcement Records — Set Public Hearing for March 13, 2013 (City Clerk Transmittal, 0- 13 -011 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2 TO EXCLUDE LAW ENFORCEMENT RECORDS FROM CITY CLERK RMLO RESPONSIBILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0- 13 -01. MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance 0 -13 -01 on first reading. The City Clerk said the public hearing would be held March 13. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0. 13.024 B. Parks and Recreation Committee — Request to Construct Community Center Playground in FY13 (City Manager Transmittal, Summary) The City Manager explained this was a request of Council Member Adams to move up the capital improvement to give children another opportunity to play in a fenced area while the parents are in the Community Center. MOTION by Ms. Coy and SECOND by Mr. Adams to approve the request to construct the playground ahead of the CIP schedule. 11 Regular City Council Meeting February 13, 2013 Page Twelve Mayor McPartlan pointed out it is still incumbent upon the parents to watch their children on a playground and some of the transmittal wording may hold the City liable and suggested a sign warning parents to watch their kids. Mr. Wright said he would like staff to go back to the Parks and Recreation Committee to come up with ideas on improving the appearance of the Community Center to reflect the fishing theme noting unattractive sign, paint job and landscaping. He pointed out that will be the City's Community Center for quite some time. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0. 13.013 C. Resolution No. R -13 -01 — NationAir to Rud Aero Lease Reassignment (Community Development Director Transmittal, NationAir Lease, Correspondence, Schultz Submittal, 61/141 Comparison, X26 Flight Procedures, LDC 54- 2 -5.7, FAA Documentation, R- 13 -01, Consent to First Assignment of Lease from NationAir to Rud) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AUTHORIZING THE TRANSFER OF LEASEHOLD ASSETS BETWEEN NATIONAIR INSURANCE AND RUD AERO; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R- 13 -01. The Community Development Director said this was a request from both parties and staff is recommending approval. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve Resolution No. R -13 -01 concerning the lease assignment of lease hold interests from NationAir to Rud Aero. Public Input Florence Lacata, Airport Oversight Committee of Vero Beach, cited statistical figures regarding the expansion of the flight school that will increase the harmful lead emission spritzed over the region. She asked that the Airport only allow lead free tenants and to table the lease reassignment until it protects the public health. She invited them to read information posted at www .facebook/airportoversight.com. David Risinger, Airport Oversight Committee of Vero Beach, said the lead is a complicated science that is polluting the lagoon, poisoning the air and children; aircraft can be mandated to use unleaded fuel. He asked Council to table the lease reassignment. Donna Wilt, 687 Brush Foot Drive, said she was in favor of the lease reassignment noting she and her husband own a plane, rent a T- hangar for it and she works at Florida Institute's College of Aeronautics. She bought a house in the City because Council understood the economic value of the Airport; a flight school brings in well educated people, revenue from fuel sales and rental payments, and eight students per aircraft that stimulate the economy. 12 Regular City Council Meeting February 13, 2013 Page Thirteen Jackie James, Roseland, said there were no planes when she moved here in 1993 but that changed within five years, she can't use her deck when the pilots are training and she is concerned about the leaded fuel. She encouraged the Airport to be healthy. Cy Carlson, Roseland, said the Airport bears responsibility for the disappearing sea grasses, suggested closing some of the small WWII airports, and asked Council to consider the lease reassignment carefully. Mr. Hill said the letter from NationAir states they are looking for a refund and he asked if that would be from funds they already gave the City and would we require that from Aero Rud. The Community Development Director said if NationAir was due prepaid rent he would take care of it. MOTION by Ms. Coy and SECOND by Mayor McPartlan to extend the meeting for a half hour passed with a voice vote of 5 -0. Ms. Coy said she was not happy about increasing air traffic and understands there are FAA constraints. She asked if they have to turn the lease over or could they just continue the existing lease. The Community Development Director said NationAir's lease has another 2 1/2 lease with optional three more years. Ms. Coy said NationAir is an administrative function which is a different operation than a flight school and cited the grant assurances: (on packet page 131) C. Each fixed base operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. She asked if there are any other flight schools at the Airport. The Community Development Director said there is Sebastian Aero, a Part 61 school which is different than Rud Aero which is a Part 141 school. Ms. Coy asked why they have to reassign this lease. She asked Robert Schultz if the owner has connections to other operations at the Airport. Mr. Schultz said he does not, they could operate the flight school out of the hangar, but they prefer to use the office space. Ms. Coy pointed out they are not mandated to reassign the lease, rent is current, and the new person in coming in with new a different operation. She asked if the rent will be the same price. The Community Development Director said since he is assuming the lease, it would be the same price. She said given that the traffic and noise will increase and there is no discrimination against an existing Part 141 school, she would expect Aero Rud should pay more rent and it isn't a good deal for the City. In response to Mr. Wright, Mr. Schultz said they could operate out of the hangar but it would not be attractive. 13 Regular City Council Meeting February 13, 2013 Page Fourteen The Community Development Director said Flight Safety School of Vero Beach, a Part 141 school, does use the Airport and they have a formal academy that requires the office space with simulators and he agrees with Mr. Schultz the office space would be better suited. Mr. Hill said the flight school is a legitimate use of the Airport and he would support the reassignment. The Community Development Director clarified for Mr. Adams that they would be leasing unfurnished office space. Mr. Adams said there wouldn't be any reason to increase the rent since the office space is the same. The Community Development Director said there is also a provision that they can use the conference area or the library. The City Manager added that there are no conflicts of uses out there, it is a compatible use, and the City will not need the space in the next five years. For the record, Ms. Coy said she was disappointed that Mr. Rud wasn't present. In response to Ms. Coy, Mr. Schultz said the Mr. Rud also has a flight school in the Ukraine and is a government contractor who sells defense logistics to the U.S. Government. Ms. Coy said she had more questions and asked that Mr. Rud be present at the next meeting. Result of the roll call vote: AYES: Adams, Hill, McPartlan, Wright NAYS: Coy Passed 4 -1. 16. CITY ATTORNEY MATTERS — none. 17. CITY MANAGER MATTERS The City Manager said the public workshop on the latest CavCorp design will be Tuesday, February 26, 2013 at 6 p.m. 18. CITY CLERK MATTERS — none. 9. CITY COUNCIL MATTERS A. Council Member Coy — none. B. Council Member Hill Mr. Hill reminded everyone that St. Baldrick's fundraiser is coming up. C. Mayor McPartlan — none. 14 Regular City Council Meeting February 13, 2013 Page Fifteen D. Vice Mayor Wright Mr. Wright said he was looking forward to seeing everyone bald following the St. Baldrick's event and invited the public to come out to Capt. Hiram's on March 2nd to support the Sebastian team. E. Council Member Adams Mr. Adams said in anticipation of the budget process, he wanted to encourage staff and the Citizens Budget Review Advisory Committee to look into ways to cut and generate new revenue. He noted St. Lucie County's Solid Waste Manager sells their recyclables and he would like the City to look into it. He also said one of the speakers at the Institute for Elected Municipal Officials managerized and bonded the operation of their golf course with a private company. He also suggested parking meters and enhancing awareness of the City has to offer to generate revenue. 20. Being no further business, Mayor McPartlan a�journed the regular meeting at 10:24 p.m. Approved at the February , 2013 Regular City Council meeting. Zd `_ Bob Mcpartlan, Mayor AT T T.- Sally A. Maio MMC — City Clerk 15 w �r # K•J .J q W O �J E cu L O CM 0 V c cu L cm O c C C: CCU C N U— U W co m Q O CL LL LLJ CL. C: L1. L■ 0 0 w J u C� K•J .J q O E cu L Q CM 0 a � c cu L cm C: c C C: C N U— W co Q O CL LL Q 0 J u -1-a ^: W ^L W 4-0 4- �o 0 E u 4-0 c� E � o ca Q [Z cn X 4) cn a) U � � C: a) E u) cn a) co LLJ C: � U � o � � _ ' - L) 0 LL .. o C: co .� > CL W w �� U Q Q a. 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It is not being offered only as back -up for an / application for a density bonus for a proposed use of the property as Qualified Affordable Housing. This / project may or may not become a reality and another / use may be proposed by a developer. This is only conceptual. Ca AE E . I YOAIMENT, No ID. - aro RAIROM I ' SPIKE. NO ID. —WAY Y / / aU00 . • I NE ( Ensnxc) 1 ROD k CAP FO 5/B•. INON sTAMPEO •PLS ROD O . CAP _ y srAwm it /�. •BIACI(MW PLS a889• I rI FauXO s/6.6 WoN • sE srRMFm BV.tlOIM PtS •I 4 WIEPLY mw a OF -WAY LWE "SMG) `:.. VTy /p 2.4 acres resery d for future commercial de v opment i fyy3. faroi/BY IRW gT 1 o WON MONUMENT a• / f/iMPtm CARD I/r. I— N ATE a• C IxCRE1F YOHUYEN�T t CM i •BLAG(MON PLS Faro 5/6'6 IRd1 ROD Y MONUMENT. ro b. – YONUMEXT, sr/JIPm 'PEF� aB6B• . GP srRMPm •&AOIMaN sail IHE OF / SSaO'a03r E Z.' rRACi 'E• 20.00' ��«t �.•K FOUND MID 5/6.6 IRON 1/2•I WON R00 Y CM ROD t CM STAMPm •PLS VAYPED 5213' bM 1)0.00 I — _I FnuNO 5 %6.6 1Rax RW Y CAPE TMPEO • I I II J i ..fir • 1X LINE OF ME — 64r 30 dwelling units - O.Otl sw ww Faro 5/L•I IflOH 3 -floors with elevator OF GOKRNMENT LOT ] ROD d CM gT 1/2•. Niel ROD . G STNPFD ST.M •CNtfrA 65506 / I I.. MEN (WAITED BY ) I i I � WA_ 1M11A. A_ NIMBfit 91AO010N PLS FOUXO 1/2. 1— ROO 1 / TIZ raw gTRFAENT ACREMEN Cm r ]76 -]61 t *T = "r A - CONCRETE (IYP) - IYF]GL aB6P sTAMPID 'LB abH' (N W%'W E IAB') MA - MIMC IpN F.E.MA - FEDEML EYFRGENCY YYYDEYENr F.I.R.Y. FE000 PATE O BIIPUUlEO AL AIOO iN w W - R6VRNICE IMP PI.1i DATA (0) - aBSETrvm DITA OF E.O.P. - EOOE OF PAYfl1E1R aPUa1c ADS .� � - ON' UlIIIIIES C/L- CENRFLNE - N000 UR/R' PqF � C,.. ',.�: I m- IEIiPNWTE REEK o'°v' o � wnM awl nnmDA o� O.R.B. OfFICNt RECORD 8001( =� I K. - PAGE prr, � � � (GUZSIG + .SCIC) 1E •T �' 1`, HEST PoGXT- —I 6 -WAY LNE 1� EIST PoGIIT- I OF -WAY LWc C H` FEI '0 ZUNE A U E OF O w ' !h(T .A.SE r1 C7CJ�) ' LOr ] • EMT aGI1T-OF Y LINE POMRnE ROM "` SaM 6aY I \ I 12A1 a � I gT 1/2'6 Wa R00 Y CM 0,�• sTN6N]1 SEi 1/Y6 IROX NOD 6: CAP STAYPEO •CATER ASSOC.• Administrative FaND a1 a• Cdtlb:"IE Um x0 lo. Proposed Al fordable Housing Site (N 61,1.0• E 168, j" Z7 10 10 ac - 120 NEBT 970' dwelling units I I IL I I 30 dwelling units - 30 dwelling units - 3 -floors with elevator 3 -floors with elevator OF W`.m YENT LOr 1 BECWOX 6 P0.1E 5alx ug ai 0 GONFMIYDIT LOT ] I I.. dINO 5/8'6 IRd1 Rao s cAP srMPm •YLIZ ASSOL. ID sera• ) I i I � WA_ 1M11A. A_ NIMBfit ' FAC. - FLgil61 A011216IRAi11E CODE • DMNflER ro. - NUMBER A - CONCRETE (IYP) - IYF]GL MA - MIMC IpN F.E.MA - FEDEML EYFRGENCY YYYDEYENr F.I.R.Y. FE000 PATE AGENCY - R6VRNICE IMP PI.1i DATA (0) - aBSETrvm DITA OF E.O.P. - EOOE OF PAYfl1E1R - ON' UlIIIIIES C/L- CENRFLNE - N000 UR/R' PqF m- IEIiPNWTE REEK O.R.B. OfFICNt RECORD 8001( K. - PAGE N. 6aY EAST ONE Di� NEST 970' OF fAVI. LOT ] LESS a: E2arr EAST no' Faro 1/2.6 WON R00 CM •ILLECMIE• (B 8839'01• E b.ttl) SEE PACE 1 OF 2 FOR LE DFS[RPRDN AND ALL SuNEYV NOTEB �w Ll� lFilll� BOUMDAW NORM An or WW. Calf a. MM A .�TIIP. 31 0.. 1/�OL 30p L. Y•.1w�.• � VWAii. PL D M M f15YE . =" ILL am 6 Q 8 n� n r • w wA .B-swt 6Y4. 1.696 c CITY COUNCIL City of Sebastian, Florida Application for Special Exception: Wauneta Skillman FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER THIS CAUSE came on for public hearing before the City Council of the City of Sebastian on February 13, 2013, and based upon the testimony and all of the evidence presented, the City Council enters the following: FINDINGS OF FACT 1. Mrs. Wauneta Skillman has requested a special exception for her 12.49 acre property located south of Main Street and both east and south of the Sebastian Post Office, Indian River Tax Parcel ID No. 31-39-06-00005- 0004- 00002.0, to allow qualified affordable housing as a conditional use within the Commercial General zoning district. 2. The Sebastian Land Development Code identifies qualified affordable housing as a conditional use only within the Commercial Limited zoning district. 3. Granting of this use will allow for a density bonus from 8 to 12 residential units per acre. In this instance, the maximum allowable dwellings will increase from 99 residential units to 149 residential units. 4. Public notice of this hearing was published on January 29, 2013, in the Press Journal, a newspaper of general circulation in the City of Sebastian. Notice of this hearing was also mailed to all property owners within three hundred (300) feet of the subject property, as shown in the records of the Property Appraiser of Indian River County, in accordance with the requirements of the Land Development Code. 5. Staff provided the Planning and Zoning Commission and City Council with an analysis of the Sebastian Land Development Code regulations regarding the required findings of fact for a special exception as related to this application and was unable to make a recommendation for or against this request due to a lack of information. 6. On January 17, 2013, the Planning and Zoning Commission held a public hearing to consider the special exception permit and recommended that the City Council deny the application, without prejudice, by a 7 -0 vote, stating insufficient information to evaluate the required findings of fact in accordance with the standards for approval of a special exception. 7. Roger Skillman, agent for Wauneta Skillman, presented the request to the City Council. 8. No one appeared to testify in favor of the special exception. 9. One person spoke in opposition to the special exception. CONCLUSIONS OF LAW Based upon a careful consideration of the evidence presented, and the applicable provisions of the Land Development Code of the City of Sebastian, the City Council hereby determines that the requirements for approving a special exception to allow qualified affordable housing as a conditional use on the Skillman property have not been satisfied because of a lack of information presented by the applicant. Specifically, these requirements are: Section 54- 2- 3.1(a)(3) Required findings of fact : a. The approval of the application for a special exception will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in Article VI; b. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district; C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. Section 54- 2- 3.1(a)(4) Conditions of approval: In approving an application for a special exception under this section, the City Council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations. Section 54- 2- 6.2(d) Additional findings: Any approval with or without conditions shall be rendered only after a finding by the planning and zoning commission and the city council that the proposed use satisfies the following criteria: 1. Is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected. 2. Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. 2 3. Based on the scale, intensity and operation of the use, shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to contiguous residential properties. 4. Conforms to all applicable provisions of the district in which the use is to be located. 5. Satisfies specific criteria stipulated for the respective conditional use described in this article. 6. Is consistent with the Code of Ordinances and Comprehensive Plan. Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was made to deny, without prejudice, the special exception to allow qualified affordable housing as a conditional use on the Skillman property, citing insufficient information to judge the required findings of fact for approval of a special exception. Said motion was made by Councilmember Jerome Adams, and seconded by Councilmember Jim Hill, and adopted by the City Council by a vote of 5 in favor and 0 against. Therefore, the requested special exception was DENIED. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 13th day of February, 2013. A Clerk to thpBoard of Adjustment 3 CITY OF SEBASTIAN z�ga Bob McPartlan, Mayor February 13, 2013 Date