HomeMy WebLinkAbout11202014PZ AgendaMy OF
-AN
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
AGENDA
LOCAL PLANNING AGENCY
[PLANNING AND ZONING COMMISSION]
THURSDAY, NOVEMBER 20, 2014
7:00 P.M.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ANNOUNCEMENTS:
5. APPROVAL OF MINUTES:
6. OLD BUSINESS:
A. Public Hearing - Review and Make a Recommendation to City Council Regarding
Ordinance 0-14-06 which Proposes an Amendment to the Land Development
Code, Article III, Section 54-2-3.2 Regarding Procedures and Criteria for Review of
Temporary Uses/ Special Events
7. NEW BUSINESS:
B. Public Hearing - Review and Make a Recommendation to City Council Regarding
Ordinance 0-14-07 which Proposes an Amendment to the Land Development
Code, Section 54-1-2.4, Section 54-1-2.5, and Section 54-4-18.6 Repealing Stays on
Appeals
S. CHAIRMAN MATTERS:
9. MEMBERS MATTERS:
10. DIRECTOR MATTERS:
11. ATTORNEY MATTERS:
12. ADJOURNMENT
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS,
WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY
CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS
SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR
AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING.
TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE.
QTY OF
SEE;?kS_TL_I
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
www.cityofsebastian.org
MEMORANDUM
TO: Local Planning Agency (Planning and Zoning Commission)
RE: Proposed Ordinance 0-14-06 Amending LDC Article III, Section 54-2-3.2
— Procedures and criteria for review of temporary uses
DATE: November 13, 2014
At its October 2, 2014 meeting, the Local Planning Agency approved a motion "to pend
this item until further action is requested by staff." At this time, it is being requested by
city staff to bring these proposed revisions back before you and to City Council for
consideration.
In addition to a few clean-up items, staff is proposing to remove the application and
permit fee reference from the code by presenting a Resolution at the second reading [of
the Ordinance by City Council on December 10th, 2014] to reduce the fee to $35 per
temporary use/event, to add an appeal process, and remove a requirement that the
temporary use/special event must be a permitted or conditional use within the zoning
district.
The first reading of this ordinance has been scheduled for City Council on November 19.
If passed on first reading, the Local Planning Agency will hold a public hearing on
November 20, 2014 to consider the proposed ordinance and make a recommendation to
City Council. The second reading and public hearing will be scheduled by City Council
for December 10, 2014.
Please review the draft ordinance and consider your recommendation to City Council
accordingly.
ORDINANCE NO. 0-14-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE SECTION 54-2-3.2 REGARDING PROCEDURES AND
CRITERIA FOR REVIEW OF TEMPORARY USES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that the Land Development Code of the
City of Sebastian should be reviewed and updated from time to time; and
WHEREAS, the City Council wishes to revise the fees for temporary uses and special
events; and
WHEREAS, the Local Planning Agency held a public hearing on November 20, 2014,
and made a recommendation to City Council to Ordinance 0-14-06.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, Chapter 54 Land Development Code, City
of Sebastian, Florida, is hereby amended as follows:
Sec. 54-2-3.2. - Procedures and criteria for review of temporary uses.
A temporary use shall be allowed for transient merchants and special events on privately -owned
property upon issuance of a temporary use permit by the city manager or his designee, based upon
compliance with all applicable regulations of this chapter and other city regulations.
(a) A temporary use permit will be issued if the following requirements and standards are met:
(1) [Reserved.lTh� on}ivi}v m ic} ho o normi}}orJ nr nnnri i}inn�l i cc i }hin }ho inn nn r} �F.i.�t
(2) Only temporary pavilions may be erected and utilized for the operation. All facilities used
shall be self-contained and mobile or portable. No mobile homes or trailers that exceed
300 square feet in area may be utilized. All temporary facilities designed to be occupied by
the public must be inspected by the fire department after installation, and prior to
occupancy.
(3) No utility connection shall be permitted except for temporary electrical power which must
be approved by the building department.
(4) Drinr }n the i6661aRnc of any permit -,if the applicant is not the owner of the event location, a
cash bond in the amount of $200.00 shall be submitted to the city. Within seven days after
a temporary use permit expiration, all items related to the operation or event shall be
removed from the site. The city may use the entire amount of submitted funds to pay for
disposal of all related items remaining on the site seven days after permit expiration. The
city may also use such funds to remove prohibited off -premise signs during and/or after the
event. Upon vacating and cleaning up a site, an applicant may request, in writing, return of
the submitted funds. Permit applicants will be refunded the submitted cash bond amount if:
a. The city has not used the funds under the conditions described above; and
b. The site is inspected by the city, it is verified that the site has been cleaned up, and all
temporary use items have been removed.
c. In cases where the city has used the $200.00 cash bond for site cleanup or off -
premise sign removal, no subsequent temporary use permits shall be issued to the
same applicant whose vacated operation caused cash bond default and resultant
cleanup by the city.
(5) Holders of temporary use permits for an activity shall not be required to obtain as
business tax receipt for that activity provided that no permanent
modifications are made to the site to accommodate re -occurring events. Permanent
modifications will require a site plan application and business tax receipt.
(6) No temporary use shall operate within a public right-of-way. No operation within an
easement shall be permitted unless specifically allowed by all parties having interest in
such easement.
(7) Unimproved lots within industrial or commercial districts may be utilized if, in the opinion of
the city manager and his support staff, the temporary use will not be detrimental to the
health, safety and general welfare of the public.
(8) A maximum of 30% of the required parking stalls of the host site may be utilized by the
temporary use. This percentage may be increased based on satisfactory documentation
indicating additional parking and/or transportation needs have been provided for the total
impact of the proposed event.
(9) Food concessions may be permitted as accessory to the temporary use. The applicant
must obtain a temporary license from the state department of business regulations for the
proposed concession facilities.
(10) Temporary toilet facilities may be required by the applicant depending on location and size
of the event. Amount will be determined by the building official based on estimation of
attendance of the event.
(11) Applicant must provide, at his own expense, additional and/or special crowd control and
security if determined necessary by the police chief based on the size of the event.
(12) [Reserved.]
(13) Prior to city manager review, approval must be obtained from the police chief and the
building director. Approval or denial shall be based on items (1) through (11) above and
consideration shall be reviewed on the total magnitude of impact that may be detrimental to
the health, safety and general welfare of the community.
Sec. 54-2-3.3. - Time limits.
(a) Transient merchants of any seasonal sales merchandise such as Christmas tree and firework sales
or other similar use shall be in operation not more than 45 consecutive days per sale/event on any
given site.
(b) Transient merchants of any non -seasonal sales merchandise shall be in operation not more than ten
consecutive days per sale/event on any given site.
(c) Special events and special vehicle and boat sale events shall be in operation not more than seven
consecutive days per sale/event on any given site.
Sec. 54-2-3.4. - Application.
(a) Temporary use permits shall be obtained by furnishing a completed application for such permit to the
npewth managemen+community development department. The following information as applicable
shall be provided:
(1) Application to be made by the owner or lessee of the host site.
(2) Location of site and the specific location for the requested use.
(3) Beginning and ending dates of the event.
(4) Hours of operation of the event.
(5) Name of individual in charge of the event.
(6) After hours emergency phone number for person responsible for event.
(7) A drawing showing dimensions of the site or an existing site plan for the host site including
location and dimensions of all existing driveways, entrances, exits, and parking spaces.
(8) A drawing depicting location and dimensions of all temporary pavilions, displays areas, sanitary
facilities, and concessions for the temporary use.
(9) Indicate how parking and traffic flow will be directed on to and within the event site.
(10) Estimation of maximum peak hour attendance of the event to determine sanitary needs, parking
and traffic impact.
(11) If existing parking spaces of a permanent use (such as a shopping plaza) are to be utilized by
patrons and employees of the temporary use event during normal operating hours, calculations
shall be submitted demonstrating that the event will not utilize more than 30% of the required
parking stalls of the existing host site. If usage does exceed 30% percent, documentation
indicating additional parking and/or transportation arrangements must be provided for the total
impact of the proposed event.
If the event is being held during non-operating hours for the host site, the 30% restriction may
be lifted upon demonstration that there will still be sufficient parking available for patrons of the
temporary event.
(12) [Reserved.lL^^^}i^^ �nrl rJimoncinnc of SII cinnc in ho i iccrl
(13) All applications must be made on the form prescribed by the city and submitted no later than
3921 days prior to the scheduled event. The applisatien fee shall be $25.00 and the permit fee
shall be .Fees for temporary uses shall be established by Resolution of the City
Council. Applications submitted less than 21 days before the scheduled event will be assessed
a fee as established in the Resolution to be used for expedited processing. Fees may not be
waived for any application, except by the city manager upon a finding of good cause.
(b) A copy of the application and all supporting documents will be forwarded to the police chief and the
building official for review and comments. All comments and recommendations will then be attached
to the application and forwarded to the city manager or his designee for approval or denial.
(c) The application, with all the supporting documents, will be reviewed by the city manager, or his
designee. If approved by the city manager, the applicant shall post the $200.00 cash bond prior to
the issuance of the temporary use permit. If denied, applicant will be notified, along with the reasons
for denial. The police department and the fire department will be notified on all approved requests for
temporary use permits.
(d) Any decision of the city manager, or the city manager's designee may be appealed to the City
Council. Any appeal shall be filed within five days of the decision, and shall be presented to the City
Council at its next available meeting.
Sec. 54-2-3.5. - Signs.
(a) All signs being utilized on site must conform to the city sign regulations as outlined in the land
development code and must be removed upon expiration of the temporary use permit or upon
vacation of the site.
(b) Signs used in conjunction with approved activities or special events for which a temporary use permit
has been obtained shall not be calculated against the three banner signs permitted per site per year.
Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be
affected and it shall be presumed that the City Council of the City of Sebastian did not intend to
enact such invalid provision. It shall further be assumed that the City Council would have
enacted the remainder of this Ordinance without said invalid provision, thereby causing said
remainder to remain in full force and effect.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption
by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember and,
upon being put to a vote, the vote was as follows:
Councilmember Jerome Adams
Councilmember Andrea Coy
Councilmember Richard Gillmor
Councilmember Jim Hill
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
, 2014
ATTEST:
Sally A. Maio, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
IM
Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining
provisions continue in effect.
LDC Section 54-5-22.2
DEFINITIONS:
Host site: The parcel of land upon which a temporary use or special event is
conducted.
Special Event: The temporary use of facilities, parking areas and other open
space for an event held by owner, nonowner, religious organizations,
recreational/entertainment groups or local civic organizations. Special
events may include circuses, carnivals, festivals, fairs, special exhibitions,
concerts, church revivals and other similar activities.
Temporary use: A use established for a fixed period of time with the intent
to discontinue such use upon expiration of the time period.
Transient merchant: Any person or business entity that engages in the
temporary sale of any merchandise not within an enclosed structure. The
following will not be considered to be transient merchants:
(1) Any merchants within enclosed structures who temporarily display
their merchandise outside of the structure on their premises
provided the display does not delete any required parking.
(2) Any merchants who have received site plan approval from the
planning and zoning commission for a specific outside sales and/or
display area.
QTY OF
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
www.cityofsebastian.org
MEMORANDUM
TO: Local Planning Agency (Planning and Zoning Commission)
RE: Proposed Ordinance 0-14-07 Repealing Stays on Appeal
Amending Sections 54-1-2.5, 54-1.2.4 and 54-4-18.6
DATE: November 13, 2014
The proposed ordinance was prepared and placed on the agenda by the City
Attorney.
Currently, the Land Development Code provides for an automatic stay whenever
an appeal is taken from a decision of the Planning and Zoning Commission or
the City Council (Board of Adjustment) granting zoning relief. This means that a
successful applicant cannot proceed with his project for months - or possibly
years- even after obtaining approval from the City.
The proposed ordinance would permit a successful applicant to proceed at his
own risk during the pendency of an appeal. In certain circumstances, this could
eliminate unnecessary adverse financial consequences and construction delays.
The first reading of this ordinance has been scheduled for City Council on
November 19. If passed on first reading, the Local Planning Agency will hold a
public hearing on November 20, 2014 to consider the proposed ordinance and
make a recommendation to City Council. The second reading and public hearing
will be scheduled by City Council for December 10, 2014.
Please review the draft ordinance and consider your recommendation to City
Council accordingly.
DRAFT COPY
ORDINANCE NO. 0-14-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO ZONING AND LAND USE
PLANNING PROCEDURES, REPEALING STAYS UPON APPEALS
OR PETITIONS FOR WRIT OF CERTIORARI, AMENDING SECTIONS
54-1-2.5, 54-1.2.4 AND 54-4-18.6 OF THE LAND DEVELOPMENT
CODE, PROVIDING FOR RETROACTIVE EFFECT, REPEALING
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA:
Section 1. That Section 54-1-2.4 of the Land Development Code of the City of
Sebastian, Florida, is hereby amended to read as follows:
"Sec. 54-1-2.4. Planning and Zoning Commission".
(g) Appeals of planning and zoning commission decisions to the city
council.
Reserved. F=ffeGt ef appeal-- -
al to
oF deGiSioRs appealed frern, unless the Gity GGLinGil finds that, by FeaSE)n Of f
ediate peril te life er property, in whiGh Gase, PFOGeediRgS shall Rot
shown after nGtiGe te - party filing the appeal.- -
Section 2. That Section 54-1-2.5 of the Land Development Code of the City of
Sebastian, Florida, is hereby amended to read as follows:
"Sec. 54-1-2.5. Board of Adjustment".
(d) Procedures for processing matters before the board.
(e) Review of board of adjustment decisions. Appeals of decision by
the board of adjustment shall be final unless otherwise stated herein. However, any
affected party aggrieved by a decision of the board of adjustment may seek certiorari
review before the circuit court of the decision on the record in the manner provided by
law within 30 days of the decision of the board of adjustment. A pe+i}ieR of WFi} ner}inr�ri
shall upen filing, stay all PFGGeediRg6 on furthepaRGe Of the E)Fder or deGisiGR appealed
#GM, URless the Gity GOURGOI fiRds that a stay would Gause immediate peFil tG life 9
g in this c shall be deemed to imn_ir the �i i}hnri}�i of any nnU Ft of
property. � ' 7�T7�TfrS� v G(7T�i RGGITIG
nmmpe}en} ii iris din}inn to eninin or o}w an}innc of the pity nnUnnil
Section 3. That Section 54-4-18.6 of the Land Development Code of the City of
Sebastian, Florida, is hereby amended to read as follows:
"Sec. 54-4-18.6. Approval, disapproval and appeal procedure."
( c) Timing of the release of building permits. in annnrdanre with
seGtien 54 1 2.4(g) no permits hall be gFaRted by the building OffiGial unto! the time fe
appeals a heroin pFevided shall have evnirerJ Netwi}hstaR inn An applicant for a
building permit may be granted such permit prier }e the enld of the }en_rday annul
peFied, if the applicant signs an affidavit acknowledging that the applicant has been put
on notice by the city, that any construction undertaken prier to the end of the ten day
appeal peFied-is undertaken at the applicant's risk and such applicant shall hold the city
harmless for any damage incurred should the terms of approval be altered or nullified by
the city council or the court.
Section 4. Retroactive Effect. The provisions of this ordinance shall apply to any
appeal currently pending as of the effective date of this ordinance.
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Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 6. Repeal of Laws in Conflict. All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
Section 7. Codification. The sections of the ordinance may be made a part of the
City Code of Laws and ordinances and may be re -numbered or re -lettered to
accomplish such, and the word "ordinance" may be changed to "section," "division," or
any other appropriate word.
Section 8. Effective Date. This ordinance shall take effect immediately upon
adoption.
The foregoing
Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
_ and, upon being put to a vote, the vote was as follows:
Mayor Bob McPartlan
Vice -Mayor Jim Hill
Councilmember Andrea Coy
Councilmember Jerome Adams
Councilmember Richard Gillmor
The Mayor thereupon declared this Ordinance duly passed and adopted this
_ day of , 2014.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor
ATTEST:
Sally A. Maio, MMC
City Clerk
3
Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, City Attorney
Words stricken shall be deleted; words underlined constitute the proposed amendment;
remaining provisions continue in effect.
2