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HomeMy WebLinkAbout2004 05 17 - Timeline Final Hearings & Support DocsCITY OF SE�`STbkN �7t HOME OF PELICAN ISLAND MEMORANDUM To: Mayor McCollum and City Council Members From: Sally Maio, CMC — City Clerk Subject: Ashbury Subdivision — Final Hearings on Annexation (0-04-03) and Comprehensive Land Use Amendment (0-03-20); and Reconsideration Hearing for Rezoning and Conceptual Development Plan (0-03-21) Date: 5/17/2004 Cc: Terrence Moore, City Manager; Rich Stringer, City Attorney; Trace Hass, Growth Management Director, Jeanette Williams, Deputy City Clerk City Council will conduct final hearings on the proposed Ashbury Subdivision on May 26, 2004. 1 am providing a timeline and minutes of Council action on this proposed development: March 26, 2003 Presentation by Coy A. Clark Company regarding proposed annexation and development. December 17, 2003 First Reading and First (of Two Required) Public Hearing for Transmittal to DCA for Ordinance No. 0-03-20 Comprehensive Land Use Plan Amendment — passed 5-0 First Reading and First (of Two Required) Public Hearing for Ordinance No. 0-03-21 Rezoning and Conceptual Development Plan — passed 5-0 April 14, 2004 Second Reading and Second Public Hearing on Ordinance No. 0-03-21 Rezoning and Conceptual Development Plan — failed 2-3 First Reading of Ordinance No. 0-04-03 Annexation was on this agenda but never addressed due to time running out — it was carried to a Special Meeting on April 21, 2004 r -;Lf. 099 Ashbury Subdivision 5/17/04 Memo Page Two Aoril 21. 2004 Motion was made to reconsider Ordinance No. 0-03-21 — passed 4-1. The reconsideration was scheduled for May 12, 2004 but later changed to May 26, 2004 due to advertising and DCA transmittal constraints. First Reading of Ordinance No. 0-04-03 Annexation (carried from April 14, 2004 because time ran out) — passed 3-2 April 28, 2004 City Attorney advised that due to advertising and time constraints all Ashbury hearings be conducted on May 26, 2004 and all other final hearings on other developments take place on June 2, 2004 Attached please find minutes of the above referenced meetings for your review. You will be provided new backup for hearings on 0-04-04 annexation and 0-03-20 comprehensive land use plan amendment by the Growth Management Department since this is the first time for final hearings on these two issues. We will provide you with the same backup you received on April 14, 2004 for 0-03-21 rezoning and conceptual plan since this new hearing is a reconsideration. All exhibits presented for the record at the April 14"' hearing on this ordinance will be provided to you as much as they are reproducible. Any exhibits that are not reproducible will be on the Council dais the night of the hearing. 2 Regular City Council Meeting March 26, 2003 Page Three MOTION by Barczyk/McCollum "Move to approve item B." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - absent Mr. McCollum - aye Roll Call carried 4-0 03.063 C. Presentation by Coy A. Clark Company Regarding Annexation & 9-10 Development of Area North of Sebastian Elementary Coy Clark, with the assistance of Joseph Schulke, made a presentation to City Council regarding annexation of the property, and responded to questions from Council regarding impact to the area, need for public input, density and lot sizes, need for more information, need for impact studies. The City Manager responded that both the City Council and Planning and Zoning Commission will have an opportunity to review impacts. Mayor Barnes asked if there was an intention to make this a PUD and said, in his opinion, 50 foot wide lots were unacceptable. The City Attorney advised council that the parcel is an enclave which will not really impact city services and current county zoning will allow 6 houses per acre which will allow small lots. D. New City Website The Finance Director, with the assistance of Barbara Brooke, MIS Assistant, premiered the new City website. 57 Special City Council Meeting December 17, 2003 Page Two 5. OVERVIEW BY CITY MANAGER The City Manager gave a brief overview on the benefits of annexation, the Tischler annexation report; and advised that, whether or not these properties are annexed, they will most likely be developed and annexation would give the City the opportunity to control the development. 6. OVERVIEW BY CITY ATTORNEY The City Attorney gave a brief advisory on procedures to be followed relative to these land use amendments and one quasi-judicial rezoning and conceptual plan. He cautioned that, with the exception of item B, Council should determine only whether the proposed land use categories are appropriate for the City and not discuss planned development. He said item B is a zoning matter with quasi-judicial rules and that a decision must be based on facts presented, not conjecture. He said all land use applications will be forwarded to the State for review and come back with comments for a scheduled second hearing. He stated that annexation hearings will also take place after the land use comments come back from the State, but it would be proper, if Council did not believe it would move forward with annexation, to make that determination at this time. He also said the reason there are two hearings on the Ashbury rezoning and conceptual is because Planning and Zoning approved it with conditions, that require two hearings of Council to override if it wishes; and that there is no requirement for a super majority vote. 7. PUBLIC HEARINGS 03.063 A. First Reading and Public Hearing for Transmittal to DCA - Ordinance No. 0-03-20 1-22 Land Use Amendment - 56+/- Acre Tract of Land Situated Along Powerline Road North of Sebastian Elementary School and South of Main Street, Adjacent to Sebastian Highlands Unit 1 (GMD Transmittal 12/4/03, 0-03-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW-DENSITY RESIDENTIAL, 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (The 12/17/03 agenda packet including the transmittal, application, staff report, and supporting documents are permanent records of the City on file in the Office of the City Clerk) The City Attorney read Ordinance No. 0-03-20 by title and Mayor Barnes opened the hearing. 2 Special City Council Meeting December 17, 2003 Page Three Joseph Schulke, Schulke, Biddle & Stoddard, LLC, representing the applicant, presented the application for proposed land use of low density residential; and responded to questions from Council. The Growth Management Director presented staff recommendation for approval as amended since being heard by Planning and Zoning; and responded to questions from Council. The following individuals addressed City Council (see CLUP sign-up sheet attached): Ruth Sullivan, 1215 Indian River Drive, Sebastian, urged Council to keep Sebastian small town. Andrea Coy, 333 Pineapple, Orange Heights, Sebastian, objected to the proposal based on environmental and conservation issues and requested a comprehensive wildlife study be conducted. Sal Neglia, Sebastian, urged Council to keep to 3 units per acre Carole Little, 325 Tangelo, Orange Heights, Sebastian, read a Press Journal Letter to the Editor written by a Sebastian teen concerned with growth. Robert Fowland, Orange Heights, Sebastian and New Hampshire, expressed concern for growth. Eugene Wolf, 757 Wimbrow Drive, said these developments are revenue positive only for developers. Maryanne Krueger, Sebastian, expressed concern for environmental and groundwater issues. Collette Low, agreed with concern that Sebastian is not a small town anymore. Edeltraud Ostendorf, 333 Pineapple, Orange Heights, Sebastian, suggested government buy the property for a park. Damian Gilliams, 1623 US Hwy 1, Sebastian, suggested taking 2.4 million supplemental bond for the new City Hall building and use it to handle the new development coming in and plan to expand City Hall now instead of 15 years from now. Mayor Barnes asked him to stay to the subject, however, Mr. Gilliams continued. Mayor Barnes asked that Mr. Gilliams leave the podium and, when he refused, the Mayor asked that he be escorted from the podium. TAPE I — SIDE 11(7:00 p.m.) The Growth Management Director responded to environmental concerns noting that these issues are generally addressed during preliminary development, that all new development will be connected to Indian River County water and sewer, drainage will be self-contained, and that turtles are not allowed to be destroyed. He said there are seven governmental agencies which receive and review all land use proposals. 9 Special City Council Meeting December 17, 2003 Page Four The City Attorney explained that school impact issues are being addressed through state required interlocal agreements between school boards and local governments. He described the urban service area surrounding the City as set up by Indian River County which is bordered by CR510 to the west and south, which is why staff states that these properties will be developed whether or not they are annexed into the City. City Council discussion continued relative to impacts to the City whether or not this property is annexed due to the fact that it is an enclave. Council further recommended to citizens to lobby state legislators to change state laws relative to development, that surrounding land use is less than 5 units per acre, the fact that growth is inevitable, and the City has an opportunity to control it and keep densities lower than they might be otherwise. Debra Poli, 273 Columbus Street, asked how close this project will be to her home and the City Attorney advised that must be discussed during the next item. Being no further input, Mayor Barnes closed the hearing. MOTION by McCollum/Hill "Mayor I would move to pass Ordinance No. 0-03-21 on first reading and schedule a second reading and final public hearing at a later date, oh I'm sorry 0-20 I'm on the wrong one. Move to pass 0-03-20 on first reading for transmittal to Department of Community Affairs." Mayor Barnes - aye Mr. Coniglio -aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Motion carried 5-0 Mayor Barnes called recess at 7:35 p.m. and reconvened the meeting at 7:50 p.m. All members were present. 03.063 B. First Reading and Public Hearing - Ordinance No. 0-03-21 Conceptual Development 23-58 Plan and Rezoning Request from Agricultural (A-1) to PUD -R - 56+/ -Acre Tract of Land Situated Along Powerline Road North of Sebastian Elementary School and South of Main Street Adjacent to Sebastian Highlands Unit 1 (GMD Transmittal 12/4/03, 0-03-21) THIS HEARING IS QUASI-JUDICIAL 4 Special City Council Meeting December 17, 2003 Page Five AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD -R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-1) FOR LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. (The 12/17/03 agenda packet including the transmittal, application, staff report, and supporting documents are permanent records of the City on file in the Office of the City Clerk)(A sign up sheet is also included with these minutes) The City Attorney read Ordinance No. 0-03-21 by title, explained quasi-judicial procedures, and Mayor Barnes opened the hearing at 7:53 p.m. No member of City Council had ex -parte communication to disclose. Joseph Schulke, representing the applicant, and the Growth Management Director, were sworn in by the City Clerk. Mr. Schulke submitted Exhibits A -H into the record (see attached to these minutes), and presented the application for a zoning classification of PUD -R and conceptual development plan for the 56 acre site. He described the 195 lots, 3.47 units per acre, 20 foot rear, 20 foot front, and 7 '/z side setbacks, minimum total 40 foot setback on the perimeter, 60% open space, access to CR 512 by extension to Wimbrow and Main Street from Powerline Road. He addressed environmental and traffic impacts concerns expressed by residents. Mayor Barnes noted, at this time and for the record, that each City Council member had met on an individual basis with Mr. Schulke in the past on this proposed development. Other City Council members concurred. City Council discussion followed on completing the improvement to Powerline Road to the south to CR 512 at this time. There was a general feeling of Council that an escrow account could be established for future improvement and Mr. Shulke agreed. Mayor Barnes called for those in favor to speak: Lisanne Monier, Planning and Zoning Commission, was sworn in and noted some of the conditions imposed by Planning and Zoning have been met in this submittal. Sal Neglia, Sebastian, asked if a traffic light would be installed at Wimbrow, whether the public would be allowed in the development, if there were sidewalks to the school, and recommended improving Powerline now. He was told a light was not warranted, this would be a gated community, and there were sidewalks. Joyce Anderson, 225 Columbus Street, asked about planned buffer to Columbus and Mr. Hill told her there is approximately 75 feet for buffer and he would be in strong favor of buffering for Columbus residents. k, Special City Council Meeting December 17, 2003 Page Six Mayor Barnes asked for those opposed to speak. Eugene Wolf, 757 Wimbrow Drive, recommended three units per acre. Maryanne Krueger, 121 Miller Avenue, Sebastian, asked if the City and other agencies go to the properties to scrutinize them, and was told the City does and other agencies typically do. Andrea Coy, 333 Pineapple, Orange Heights, Sebastian, was sworn in and presented a petition with 266 citizen signatures opposing the development and read a prepared statement. (The petition and prepared statement are attached to these minutes) Debra Poli said Powerline will endanger children. Collette Lowe said it will look like row houses. Mr. Schulke was given an opportunity to respond to citizen concerns at this time. TAPE 11 — SIDE 1(9:18 p.m.) City Council discussion followed on procedure whereby a second hearing on this ordinance will be conducted upon receipt of comments from the Department of Community Affairs (DCA) in approximately three months if Council acts upon it favorably tonight, the developer putting money in escrow for Powerline Road, that most of Planning and Zoning concerns have been met, and a request by Mr. McCollum on the status of Roy Road by the next hearing. Being no further input, Mayor Barnes closed the hearing. MOTION by Hill/Coniglio "I move to pass Ordinance No. 0-03-21 on first reading and schedule a second reading and final public hearing at a later date." Mr. Coniglio -aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Motion carried 5-0 Mayor Barnes called recess at 9:38 p.m. and reconvened the meeting at 9:48 p.m. All members were present. 03.239 C. First Reading and Public Hearing for Transmittal to DCA - Ordinance No. 0-03-16 59-76 Land Use Amendment for a Proposed 115 -Acre Private Subdivision Situated Along Powerline Road South of Barber Street and North of CR510 Adjacent to Sebastian Highlands Unit 11, and Known as Cross Creek Subdivision (GMD Transmittal 12/4/03, 0-03-16) M Regular City Council Meeting April 14, 2004 Page Seven 8. COMMITTEE REPORTS/RECOMMENDATIONS 04.084 A. Citizens' Budget Review Advisory Board Interview, Unless Waived, and Submit Nominations for Two At -Large Citizens to Serve with Terms to Expire 3/2005 (City Clerk Transmittal, Applications, Ad, List) It was noted that Mr. Oakes could not be in attendance, and City Council interviewed Richard Smith. Mr. Coniglio nominated Richard Smith for at -large position one. Mayor McCollum nominated Kenneth Albrecht for at -large position two. Since there were no other nominations, Mr. Smith and Mr. Albrecht were appointed for one year terms until March 2005. II. Councilmember Heptinstall names his appointee Mr. Heptinstall's appointee is Linda Bethune. III. Councilmember Monier names her appointee Ms. Monier's appointee is Ed Seeley. Mayor McCollum called recess at 8:39 p.m. and reconvened the meeting 8:46 p.m. All members were present. Mr. Heptinstall requested a modification of the agenda to move Sebastian Preserve item up before the Ashbury Subdivision item. The vote was 3-2. A unanimous vote is required for agenda modifications, therefore, no modification was made. 9. PUBLIC HEARINGS 04.088 A. Second Reading, Quasi -Judicial Public Hearing and Adoption Hearing of Ordinance No. 0-03-21 Rezoning/Conceptual Plan Ashbury Subdivision (GMD Transmittal 4/5/04, 0-03-21, Location Map, Conceptual Plan, Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD -R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-1) FOR LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 7 Regular City Council Meeting April 14, 2004 Page Eight The City Attorney read Ordinance No. 0-03-21 by title, and Mayor McCollum opened the quasi- judicial hearing at 8:48 p.m. Disclosure of Ex -Parte Communication City Council members disclosed ex -parte communications, and the City Clerk read a list of names of people who had sent e-mails, telephoned, or written objecting to the issue (Exhibit 1). Swearing In The City Clerk swore in all who intended to offer expert testimony. Applicant Presentation: Joe Schulke, representing applicant Coy Clark, submitted information packets (Exhibit 2) and presented the request for rezoning and conceptual plan approval. Side 1, Tape 11 He responded to previous City Council recommendations for Powerline Road citing a Kimley- Horn traffic study which shows the subdivision contributing 35 peak hour trips or 6.6% level service D of the road; at present a traffic light at the intersection of CR512 and Wimbrow Drive is unwarranted citing input from County Traffic Engineer Christopher Mora that an additional light will pull down the level of service for CR512; and repetitive housing regulated in deed restrictions with varying elevations and colors on adjacent properties and planning for two to four builders for the project. His assistant provided Article VII of the Use Restrictions and Architectural Control (Exhibit 3). Staff Presentation of Findinos and Analvsis: The Growth Management Director gave a brief summation of staff findings and said he would respond to public concerns following their input. He cited existing county density of six units per acre, and stated that the amenities of the development will be an asset to the community. The City Attorney stated for the record that staff recommendation as set out in pages 93 through 142 of this City Council agenda packet is staff Exhibit 4. Council Questions The applicant responded to questions from City Council regarding buffer, fill, preservation of trees, forty foot setbacks from the primary residence to the property line, calculations to determine wetlands acreage, conflicts with EPA and Army Corps of Engineers based on EPA statement in the DCA report noting there are 16 acres of wetlands on the site, and setting up an escrow account for paving of 590 feet of Powerline Road. 0 Regular City Council Meeting April 14, 2004 Page Nine Mayor McCollum noted a conflict in the side setback cited as 7 and 7.5 feet in the conceptual plan. It was corrected as 7.5 feet, and Mr. McCollum inquired why the correct information was not provided in the record to City Council. He continued relative to the need for paving Powerline Road because of the benefit the developer receives for 3 houses per acre. The Growth Management Director said his staff recommendation to DCA noted there were 16 acres of uplands and wetlands and was apparently misinterpreted by DCA. Side ll, Tape 11 Public in Favor Linda Madigan said this type of layout was more attractive than Sebastian Highlands and preserves trees. Public Opposed The following members of the public opposed the rezoning: Andrea Coy, 333 Pineapple Street, Sebastian, (sworn) objecting to the project, and exhibited a Powerpoint presentation (Exhibit 5). Robin Honis, Indian River Neighborhood Association (IRNA). Mary Ann Kreuger, Miller Drive, Sebastian asked about Ms. Monier voting since she was a member of Planning and Zoning George Gonzalez, IRNA. Sal Neglia, Sebastian, inquired about the possibility of a land acquisition purchase. Richard Baker, Pelican Audubon Society, Sebastian, distributed a paper entitled "The Contribution of Agriculture to Collier County, Florida" (Exhibit 6) Maureen Cummings, Sebastian, representative of School District Planning Committee and requested ability to take this to the committee to use the land for the school as an environmental project. On a MOTION by Mr. Heptinstall, and SECOND by Mr. Barczyk, City Council UNANIMOUSLY extended the meeting to 11 p.m. Public Input continued with those opposing: Brad Cronin, Sebastian commented on the green space in Sebastian Highlands. Shelley Saline, Easy Street, said there were over 50 people outside who were opposed to the project. 9 Regular City Council Meeting April 14, 2004 Page Ten Greg Conover, Floraland Avenue, Sebastian. Being no more public input, Mayor McCollum closed the public input portion of the hearing at 10:24 p.m. Applicant Response Joe Schulke responded to public comments noting public property rights are also addressed in the Constitution, a minimum of 20% of the trees will be saved on this property, interior lots have green areas, noted that both the developments Mrs. Coy showed were being developed on former citrus groves, and that he had other wooded projects such as Ansley Park in Vero Beach. Staff Summary The Growth Management Director said there are state provisions that encourage cities to annex enclave parcels, and that staff had taken a hard look at this parcel with an eye to what type of development it should be. He said this parcel is surrounded by several different types of zoning and would be a transitional zoning, would be 3.47 units per acre which is far less that what the County could allow, that the City would have a benefit from development of Powerline Road, and noted that DCA comments included a question as to why the City was not considering multi -family housing. Citv Council Deliberation Discussion followed regarding the purchase of the land with public funds and the list of properties to benefit from the upcoming bond referendum. The Growth Management Director stated 30% open space is required per RS10 lot, that this type of project is consistent with the goals and objectives of the City's Comprehensive Plan, confirmed the property owner does have legal rights, may not be interested in public acquisition and that process is a very lengthy. The City Attorney noted that continuation of the meeting with a date certain does not require the re -advertisement of unfinished agenda items. Mayor McCollum called a Special Meeting for continuation of all items on this agenda for April 21, 2004 at 7:00 p.m. instead of the previously scheduled historic district workshop, which will be rescheduled. The City Attorney said Ms. Monier's membership on Planning and Zoning would not affect her vote tonight. The Growth Management Director stated that tree surveys are completed before the next step and penalties for total tree clearing could be enforced by a per -tree or per -lot basis. Mr. Schulke responded to concerns about Powerline Road its] Regular City Council Meeting April 14, 2004 Page Eleven City Council Motion ON MOTION by Mr. Coniglio, SECOND by Ms. Monier, on a vote of 2-3 (Heptinstall, McCollum, and Barczyk - NAY) adoption of Ordinance No. 0-03-21 failed. Mayor McCollum adjourned this Regular City Council meeting at 10:55 p.m. The remainder of agenda items will be carried to a Special Meeting on Wednesday, April j f , 2004 at 7:00 p.m. 04.107 B. First Reading and Quasi -Judicial Public Hearing of 0-04-04 Rezoning/Conceptual PUD Plan for 162+/- Acres of Land to be Known as Sebastian Preserve (4/5/04 0-04-04 Ad Plan Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN TOWNSHIP 31 SOUTH, RANGE 39 EAST, SECTION 18 NORTH OF ENGLAR DRIVE CONTAINING 162 ACRES, MORE OR LESS, FROM RESIDENTIAL SINGLE FAMILY (RS -10) TO PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD -R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN KNOWN AS SEBASTIAN PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY: PROVIDING FOR EFFECTIVE DATE. 04.106 C. Quasi -Judicial Hearing Resolution No. R-04-13 Special Exception Request for a Proposed Single Family Residence to be Located within the Industrial Zoning District Along High Street (GMD Transmittal 4/5/04, R-04-13, Ad, P & Z Recommendation, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR RESIDENTIAL USE IN AN INDUSTRIAL ZONING DISTRICT AT 730 HIGH STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker 11. OLD BUSINESS 04.088 A. First Reading of Ordinance No. 0-04-03 Voluntary Annexation of 56 -Acre Planned Unit Development to be Known As Ashbury Subdivision (GMD Transmittal 4/5/04, 0-04-03, Exhibit A, Letter of Request, Location Map, Survey, F.S.171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 56 ACRES, MORE OR LESS, BEING A PART OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST LOCATED SLIGHTLY NORTH OF SEBASTIAN ELEMENTARY SCHOOL, PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 11 Special City Council Meeting April 21, 2004 Page Ten 11. OLD BUSINESS 04.088 A. First Reading of Ordinance No. 0-04-03 Voluntary Annexation of 56 -Acre 199-208 Planned UnitDevelopment to be Known As Ashbury Subdivision (GMD Transmittal 4/5/04 0-04-03, Exhibit A, Letter of Request, Location Map, SurveV, F.S.171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 56 ACRES, MORE OR LESS, BEING A PART OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST LOCATED SLIGHTLY NORTH OF SEBASTIAN ELEMENTARY SCHOOL; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. 0-04-03 by title. Mr. Heptinstall requested that the conceptual plan for the Ashbury Subdivision come back to City Council at the next regular meeting. The City Attorney said May 12th would be the earliest due to advertising constraints. ON MOTION by Heptinstail and second by Mr. Coniglio to reconsider conceptual plan on Ashbury Subdivision, passed 4-1 (McCollum — nay) Mr. Barczyk said he would be absent on May 12, 2004. Mayor McCollum announced the hearing will be held on May 12, 2004. The City Attorney said this will be a rehearing, Council would hold the record of the first hearing and hear new evidence, and if the vote was 2-2 the vote would have the same effect as the original vote. He continued that the annexation was strictly legislative, that this is first reading, and he recommends if it the consensus of Council not to approve it, it could deny it at the first reading. Mayor McCollum asked it the covenant would still reflect 3.47 units per acre, and the developers stated they would not come back with more than 3.47, and noted the contract states the owner must sign the covenant and it is yet to be signed. Mr. Heptinstall said after many hours of research he found several things about the project that concerned him and should be seen; and he is satisfied with what Council is doing. Ms. Monier said the way to control development is to annex it. Mayor McCollum said comments by a Planning and Zoning member at its last meeting that City Council should ignore to its constituents was inappropriate and not in compliance with the City Council's oath to represent people. 10 Special City Council Meeting April 21, 2004 Page Eleven Mr. Coniglio said Council also has to look at health, safety and welfare issues Andrea Coy, 333 Pineapple Street, said she was motioned down by Ms. Monier at a previous Planning and Zoning Commission meeting. She said 500 people of Sebastian are asking that City Council not annex this property for anything but conservation. She asked why this ordinance is no longer tied to what occurred last week, and questioned the process. Mrs. Coy said the owner is Virgil Thornton who is here tonight. Ms. Monier said she was not in a position of authority to stop Mrs. Coy from speaking at the meeting she referenced and Mayor McCollum said he had been referring to a meeting of Planning and Zoning last week. The City Attorney advised that any item can be reconsidered up to the next meeting. Walter Barnes, 402 Azine Terrace, Sebastian, said this parcel is in the center of Sebastian and cries out for annexation, if not, the residents would use city services and would pay no taxes. Maryann Krueger, questioned the method being used and said she agreed with people who are opposing the development. Maureen Cummings asked what land use and zoning the annexation is being tied to. She said the Indian River County School District Committee, and Mr. Smith agreed to look into the possibility of purchasing the land and asked that this be put off until this is ascertained. The City Attorney suggested someone could contact the School Board. ON MOTION by Ms. Monier, and second by Mr. Coniglio, to approve the first reading of Ordinance No. 0-04-03, motion passed 3-2 (McCollum, Barczyk — nay) 04.037 B. First Reading of Ordinance No. 0-04-05 Establishing a CRA Advisory 209-214 Committee andSchedule Public Hearing for April 28, 2004 (City Attorney Transmittal 4/6/04, 0-04-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE CHAPTER 78, ARTICLE III, PLANNING: REDEVELOPMENT TO CREATE A COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. 0-04-05 by title and briefly described the language. 11 Regular City Council Meeting April 28, 2004 Page Seven The City Attorney read Ordinance No. 0-04-06 by title, and explained the minor revisions to remove City sponsorship for an event to utilize alcoholic beverages, and posting of notices in public places, striking "of a non-commercial nature". Discussion took place on new provisions for permitting alcoholic beverages, and the City Attorney advised that there is a separate resolution that needs to be amended that sets out permitting procedures. He noted that Council approved the Blue Water Event contingent upon removal of this language. Mr. Coniglio suggested looking at Vero Beach's code. On MOTION by Ms. Monier and second by Mr. Coniglio, City Council unanimously approved Ordinance No. 0-04-06 on first reading and set public hearing for May 12, 2004. 13. CITY ATTORNEY MATTERS The City Attorney advised City Council on a memo he submitted to them today regarding the five on-going development issues and the need to send them back to DCA in a timely manner (see his memo attached to these minutes). TAPE 11 — SIDE 1(9:12 p.m.) He further advised that it would be appropriate, if Council was inclined to deny an annexation on first reading, it could do so at that time. He suggested first readings on four developments on May 12th, all final public hearings on Ashbury for May 26th, and a special meeting on June 2nd to complete the other four final public hearings. There was no objection to the schedule as presented. Mayor McCollum announced that the Ashbury Subdivision will be considered May 26th and called a special meeting for June 2nd at 6 p.m. with the concurrence of City Council. The City Attorney advised that he will be attending a conference in Washington and reminded Council it might want to reschedule its historic district regulation workshop. 14. CITY MANAGER MATTERS 04.021 A. Acknowledgment of Thank You Letters from Citizens (Miscellaneous Letters) 191-198 The City Manager acknowledged letters commending the following staff: Skate Park Attendants Betsy Connelly, Jill Fisher, Casey Veidt, Bethany Spagnuolo and Marianne Ritenour; Police Officers Mills, Poore, Hovasse, Rysen and Revis; and Vaunette Davis. 7