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HomeMy WebLinkAbout2003-2004 -Timeline With Support DocsASHBURY SUBDIVISION Annexation — Ordinance No. 0-04-03 CLUP Amendment — Ordinance No. 0-03-20 Rezoning/Conceptual Plan — Ordinance No. 0-03-21 March 26, 2003 Presentation by Schulke regarding annexation of enclave December 17, 2003 1" Reading and Public Hearing Ordinance No. 0-03-20 CLUP for Transmittal to DCA — passed 1St Reading and Quasi Public Hearing Ordinance No. 0-03-21 Rezoning/Conceptual Plan — passed (required two hearings due to P & Z denial) March 24, 2004 1 s' Reading Ordinance No. 0-04-03 Annexation — motion to pass failed — motion to bring back first reading once restrictive covenant is approved passed April 14, 2004 2nd Reading and 2nd Quasi Hearing Ordinance No. 0-03-21 Rezoning/Conceptual Plan — failed 1 st Reading Ordinance No.0-04-03 Annexation was on agenda but not addressed because time ran out and meeting adjourned — carried to Special Meeting of April 21, 2004 April 21, 2004 Motion to reconsider conceptual plan (0-03-21) on Ashbury Subdivision passed — Mayor announced new hearing will be held on May 12, 2004 1 s' Reading Ordinance No. 0-04-03 Annexation — passed May 26, 2004 2nd Reading and Public Hearing Ordinance No. 0-04-03 Annexation — adopted 2nd Reading and 2nd Public Hearing Ordinance No. 0-03-20 CLUP — adopted Reconsideration Quasi Hearing Ordinance No. 0-03-21 Rezoning/Conceptual Plan from 4/14/04 conducted and continued to June 2, 2004 June 2, 2004 Continuation of Reconsideration Hearing Ordinance No. 0-03-21 Rezoning/Conceptual Plan conducted — adopted with stipulation that City and Clark agree on 50% to be held in escrow until City deems necessary to pave remainder of Powerline Road 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. 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. 3 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 12/97/03 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. 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 Bames 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 1214/03, 0-03-16) 0 Regular City Council Meeting March 24, 2004 Page Ten 04.088 E. First Reading Ordinance No. 0-04-03 Petition for Voluntary Annexation by the Coy A. Clark Company for a Proposed 56 Acre PJanned Unit Development Situated Along Powerline Road North of Sebastian Elementary to be Known as Ashbury Subdivision (GMD Transmittal 3/17104, 0-04-03, letter, Map, Survey, FS) 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 AN EFFECTIVE DATE. The City Attorney read the title, noted that this is the first reading of an annexation, a legislative decision, noted the company is in the process of a land use change and rezoning which will be presented at a later time and will be quasi-judicial. He said he has advised in the past that if Council knows it is going to deny an application that it can do so at the first reading. The City Attorney further explained that effective date of the ordinance does not reference the covenant against rezoning that is under consideration because infill properties usually have greater existing County densities and are a different situation. Previous councils were concerned with lower densities for annexations at the City's peripheral boundaries because developers can play the city against the county as to units per acre. The City Manager noted there is no presentation scheduled on this tonight based on that information. The public was advised not to discuss the conceptual plan. Andrea Coy said she provided a petition with 260 signatures last October and now has a petition with 500 signatures opposing the annexation and read its title "The following Sebastian residents are opposed to No. 1) the annexation of the current county land tract north of the Sebastian Elementary School for any purpose other than conservation of wetlands, and natural forest and wildlife preservation. No. 2) was related to the conceptual plan so Ms. Coy refrained from expanding the title. Ms. Coy asked if this can be tabled until Planning and Zoning can address amendments to density requirements. She asked that the area be considered a conservation district and said she would be happy to pursue funding to make it such. She said she had promised the property owner she would find the funds he was seeking for his property. Joe Shulke said he was excited about the project noting he had received a 5-0 vote in December on the land use. Tape 11, Side 1, 9:17 pm Mayor McCollum reiterated that this was only a first reading. No one else had any other comments. Mayor McCollum said he did not want the City caught in a million dollar lawsuit and asked that this be postponed until the Council is presented with the covenant signed by the developers limiting units per acre. 10 Regular City Council Meeting March 24, 2004 Page Eleven The Growth Management Director said April 6 1 is the target date for items to come back from the Department of Community Affairs. The Growth Management Director said Sebastian Highlands is running about 3.5 to 3.6 per acre. The City Attorney said 3.5 units per acre is about all you can reasonably get in RS10 because of new stormwater requirements and roads. Joe Shulke addressed Council stating that he would agree to 3.5 units per acre on this property. Andrea Coy stated that Mayor Barnes said three units per acre and that is what the public had been promised. The Growth Management Director said this particular project is currently six units per acre, and the three units per acre is in the urban service area around the CR 510 corridor. The City Attorney said the covenant is not complicated. Coy Clark encouraged Council to move forward on the first reading of the annexation which will give sufficient time to put the covenant in place. MOTION by Coniglio/Monier "I would like to move to pass the Ordinance No. 0-04-01 on first reading and schedule a second reading and public hearing for a later date when and after we've agreed to a covenant and the final hearing on Ordinance No. 0-03-20 takes place." Mr. Heptinstall - nay Ms. Monier - aye Mayor McCollum - nay Mr. Barczyk - nay Mr. Coniglio - aye Roll Call failed 2-3 MOTION by McCollumlConiglio "I would make a motion that the first reading be brought back to Council once we have officially approved the covenant and have the broiler plate of covenant done so that it can be assigned to the annexations as they come in, as fast as possible as when it can be done, and then go ahead with the first reading at that point to allow the developers time to look at it to make sure they agree with that also." Monier - aye Mayor McCollum - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Heptinstall - aye Roll Call carried 5-0 11 Regular Cary 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. Conigho 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 8 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 r, Tape It He responded to previous City Council recommendations for Powerline Road citing a Kimley- Hom 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 _Findings and Analysis: 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 Powedine Road. E 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 Powedine 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. 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. Side li, rape rr Richard Baker, Pelican Audubon Society, Sebastian, distributed a paper entitled "The Contribution of Agriculture to Collier County, Florida" (Exhibit B) 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. E 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 Summ 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. 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. 10 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 90:55 p.m. The remainder of agenda items will be carried to a Special Meeting on Wednesday, April 14 2004 at 7:00 p.m. �- il,- 04.107 B. First Readin< g 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 8 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 Sin le Family Residence to be Located within the Industrial Zonina District Along High Street (GMD Transmittal 415/04 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 38 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 515 -Acre 198-208 Planned UnitDevelopment to be Known As Ashbury Subdivision (GMD Transmittal 415!04, 0-04-03 Exhibit A Letter of Re uest Location Ma 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. The City Attorney read Ordinance No. 0-04-03 by title. Mr. Hepbnstall 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 Heptinstall 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, 2404. 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 positron 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 Advisonr 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. 1I Regular City Council Meeting May 26, 2004 Page Seven Mickey Groeppler, agreed with keeping Jordan Park passive. Mr. Ingui said he hoped the environment would not be put second to history, and that children's activities are centered in Riverview Park. Ms. Monier agreed that Jordan Park is a neighborhood park and that those parks cover a % mile area, and that this house would be a viable use in Jordan Park neighborhood Park, where people can learn about history and would be an enhancement. On MOTION by Mr. Coniglio, and SECOND by Mr. Monier, to direct City to investigate and if possible move the Cain house to the area behind where the Chamber and Historical Society are now, not on Jordan Park proper, on US 1, motion failed 2-3 (Barczyk, McCollum and Heptinstall — nay). On MOTION by Mr. Barczyk, and SECOND by Mr. Heptinstall, to move it to Riverview Park passed 3-2 (Coniglio, Monier — nay) Mayor McCollum called recess at 8:35 p.m. and reconvened the meeting at 8:43 p.m. All members were present. 9. PUBLIC HEARING 04.088 A. Proposed "Ashbury" Enclave 195-284 (City Clerk Memo dated 5/17/04 with Attached Minutes Pages) The City Attorney advised that people stick to the subject of each hearing since each has different standards of review. 1. Ordinance No. 0-04-03 - Annexation - Second Reading, Public Hearing and Adoption (GMD Transmittal 5118104,0-04-03, Letter, Map, Survey, FS 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. Mayor McCollum opened the public hearing, the City Attorney read Ordinance No. 0-04-03 by title, and the City Clerk swore in all who intended to offer factual testimony on this and the next two ordinances. Banter Coston asked how the item can be annexed if it is not known what will be done on the property and the Mayor explained the adoption process to him. 7 Regular City Council Meeting May 26, 2004 Page Eight Louise Kautenberg, Sebastian, supported the annexation. Grace Faille, Sebastian, supported the annexation. Bob McGowen, Indian River County, member of Indian River Neighborhood Association, opposed the annexation. Gloria Schulke, supported the annexation. Mary Ann Krueger, 121 Miller Drive, Sebastian, opposed the annexation. Walter Barnes, Sebastian, supported the annexation. Jason Saunder, 250 Delaware Avenue, Sebastian, supported the annexation. Andrea Coy, 333 Pineapple Avenue, Sebastian, gave a power point presentation opposing the annexation, cited a 500 signature petition opposing, and recommended a referendum. Bill Schulke, Sebastian, supported the annexation. TAPE If — SIDE I (925 p. m.) Sal Neglia, opposed all proposed annexations. Richard Baker, IRNA, distributed a voter opinion survey (see attached), and suggested the land be placed on the land acquisition list. Allen Green, Vero Lake Estates, local contractor, supported annexation. Joseph Schulke, Schulke, Biddle, and Stoddard, engineers for the applicant, said the County had advised they come to the City for voluntary annexation, noting the current County land use allows up to six units per acre, and urged approval of annexation. Coy Clark, petitioner for the voluntary annexation, pledged a first class development and urged annexation approval. Mayor McCollum closed the public hearing at 9:35 p.m. City Council input followed. The City Attorney explained annexation is contingent upon final approval of an adopted land use by DCA. He said property taxes would be received in the next tax year. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. 0- 04-03 was approved by a vote of 4-1 (McCollum - nay) 0 Regular City Council Meeting May 26, 2004 Page Nine 2. Ordinance No. 0-03-20 - Comprehensive Land Use Plan Amendment - Second Reading, 2"d Public Hearing and Adoption — (GMD Transmittal 5118104, 0-03-20, Map, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 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, ADJACENT TO SEBASTIAN ELEMENTARY SCHOOL KNOWN AS ASHBURY SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor McCollum opened the public hearing, the City Attorney read Ordinance No. 0-03-20 by title. The City Attorney said the site would have to be single-family residential, multi- family, commercial, industrial; or conservation and public service N Council is ready to buy it. Baxter Coston, 660 Balboa Street, Sebastian, questioned procedures. Mayor McCollum called a short recess from 10:00 p.m. to 10:05 p.m. All members were present. Andrea Coy gave a power point presentation showing.species on the site and discussed conservation issues and urged denial. Louise Kautenberg supported approval. Deborah Day, Vero Beach, asked that lower density be considered. Mary Ann Krueger opposed approval. TAPE U — SIDE H (10:20 p.m.) Joseph Palladin, Atlantic Coast Development and Construction, Sebastian, supported approval. The City Attorney advised that if this ordinance is approved and the rezoning and conceptual plan is denied, the applicant has until DCA makes its decision to accept or deny the decision on rezoning. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, the meeting was extended to 11 p.m. by unanimous vote. Regular City Courxal Meeting May 26, 2004 Page Ten Mayor McCollum closed the public hearing at 10:27 p.m. City Council input followed. The City Attorney said potential zoning designations under residential land use were RS -10, RS -20, RS -40, or PUD. Mr. Barczyk described a tour he took of the site and the species he saw on the site. Mr. Coniglio responded to concerns expressed by the public, and Mr. Heptinstall said he did not understand why the environmental impact of this property is more important than the adjacent property also being developed. He noted that not all signers of the petition are City residents. Ms. Monier cited the Eco Troop who were passionate about conserving land and made the effort to raise $300,000 to purchase the property, which the IRNA could do if they are passionate about conservation. On MOTION by Mr. Heptinstall, and SECOND by Ms. Monier, Ordinance No. 0-03-20 was adopted by a vote of 3-2 (McCollum, Barczyk — nay) 3. Ordinance No. 0-03-21— Rezoning/Conceptual Development Plan - Reconsideration Hearing from 4/14104 (Backup Includes Documents Originally Presented at the 4114104 Regular Meeting Including Exhibits and Revised Conceptual Development Plan as Provided in Accordance w/ Noted Correction at the 4/14/04 Meeting) This hearing is quasi-judicial — see back of agenda for procedures AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA. DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PDD- 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. Ma vor Ovens Hearin Mayor McCollum opened the public hearing, the City Attorney read Ordinance No. 0-0321 by title. Mayor McCollum noted that if time runs out during this hearing any agenda items not completed will be carried to the end of the June 2, 2004 Special Meeting. City Council Members Disclose Ex -Parte Communication in Accordance wifh Law All members of City Council members disclosed ex -parte communication. 10 Regular City Council Meeting May 26, 2004 Page Eleven Applicant or Anent Makes Presentation in Favor of Request Following Swearing /n By City Clerk Joe Schuike, previously sworn, submitted a power point presentation on the rezoning/conceptual development plan. Backup was distributed by the City Manager and will be considered an exhibit to this hearing (see attached). He discussed the existing house on the property. The City Attorney said a continuation of hearing to a time certain does not require additional notice. Mayor said the hearing would be continued to the June 2, 2004 Special Meeting following scheduled items and Mayor McCollum adjourned the meeting at 11 p.m. The remainder of this hearing and the following items will be carried over: 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 - fmit of ten minutes for each speaker 11. OLD BUSINESS 04.131 B. Request from Vice -Mayor Barczyk to Reconsider Ordinance No. 0404-09 Spencer 289-292 Annexation and Take Ordinance No. 040410 Spencer Rezoning from the Table and Conduct First Readings on both Ordinances at This Time 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 04.148 A. Feasibility of Acquisition of Former Beall's Property on U.S. Highway 1 and Unincorporated Enclave Property 04.115 B. Contractor Selection Process for Old Schoolhouse/City Hall Building 15. CITY CLERK MATTERS A. Notification of Board of Adjustment Meeting 6/9/04 — 6:30 p.m. 04.037 B. Reminder of Community Redevelopment Advisory Committee Appointments (Press 293 Release) 11 Special City Council Meeting June 2, 2004 Page Fourteen ITEMS NOT COMPLETED AND CARRIED FROM THE MAY 26, 2404 REGULAR MEETING (REFERENCED PAGE NUMBERS ARE FROM THE MAY 26, 2004 AGENDA PACKET) 9.A.(3) Ordinance No. 0-03-21 — Rezoning/Conceptual Development Plan — Reconsideration Hearing from 4/14104 (Backup _Includes _Documents Originall Presented at the 4/14/04 Regular Meeting Including Exhibits and Revised Conceptual Development Plan as Provided in Accordance w/ Noted Correction at the 4/14/04 Meeting) This hearing is quasi-judicial — see back of agenda for procedures 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. Mayor McCollum advised that the May 26, 2004 meeting ended during this quasi- judicial hearing during the applicant presentation. There was no additional ex -parte communication to disclose and no one new was in attendance with intention to offer factual testimony. All others were previously sworn. Applicant or Agent Presentation Joseph Schulke, Schulke, Biddle and Stoddard, continued a lengthy presentation on the rezoning and conceptual development plan. He gave a revised power point presentation (Exhibit). He reviewed materials he had distributed at the hearing on May 26, 2004 (Exhibit). TAPE III - SIDE I (10.15 p.m.) Mr. Schulke continued his presentation, and read a letter from School District Assistant Superintendent for Operations stating that purchase of this property is not a priority. He said there are no panthers and no bald eagles nesting on the site. He presented a petition containing 160 signatures supporting the project (Exhibit). Staff Presentation The GMD said he had no additional presentation. Council Questions of Applicant and Staff Mayor McCollum stated that 15% contribution for Powerline improvement was insufficient and recommended 50%, objected to 3.47 percent density, objected to diminishing the contribution that Orange Heights makes in taxes to the City, noted that proposed impact fees will go to Indian River County, and in the event of a hurricane, City funds will be used in Ashbury. 14 Special City Council Meeting June 2, 2004 Page Fifteen Mr. Barczyk expressed concern about density. Mr. Coniglio said other gated communities are open during the daylight hours, and Mr. Schulke said when the homeowners association takes over perhaps this might be considered. In response to Mr. Heptinstall, Mr. Schulke said adjacent property owners in the Highlands and Mr. Coniglio had indicated in December they did not want all of Powerline Road paved, so they had previously agreed to pave a portion and put money in escrow. He stated that the applicant now agreed to fund 50% of the cost of paving. He said all gopher tortoises possible will be relocated to the buffers. In response to Ms. Monier, the City Attorney said it was the intent of former Council to have three units per acre for periphery properties within the urban service area outside of the City boundaries. Anyone in Favor of the Request Louise Kautenberg, Sebastian, said people who work in the City are being priced out of the City. Linda Madigan, Sebastian, said we are mandated to plan our communities to protect the environment, to have comprehensive plans, and to adopt proper best management practices. She stated that new developments are helping to save the Indian River Lagoon, and lauded civil engineers for the work they do. Jason Saunders, Delaware Avenue, Sebastian, said Ashbury will be affordable and good for Sebastian. William Schulke, Sebastian, said if development stops, taxes will go up. Dick Bird, Vero Beach, said Coy Clark's projects have turned out very well in Indian River County and Brevard County. He said he learned that elected officials must look at the long term best interests of the community when making these decisions. Terry ??, Indian River Neighborhood Association, said the percentage of growth in the last decade was the same as it was three decades ago, said this area will never become like south Florida, there is controlled growth here. Barbara Barron, Sebastian, urged approval of the project. Alan Green, Vero Lake Estates, said Mr. Clark is community sensitive and Mr. Schulke is a quality engineer. 15 Special City Council Meeting June 2, 2004 Page Sixteen TAPE 111- SIDE 11(11:20 p.m.) It was the consensus of City Council to complete this item and carry all other items on this agenda to the beginning of the next regular meeting on June 9, 2004. Anyone in Opposition to the Request Mary Ann Krueger objected to the project based on environmental concerns. Andrea Coy expressed concern for DCA comments, noted the project was denied by P & Z, described Exhibit G from Mr. Schulke's information packet, said Council has control of the density, that people have never seen what the houses look like, theft is on the rise on construction sites, proponents have financial gain, and noted all of Indian River County is her backyard. Sal Neglia applauded those who spoke in favor for their expertise. Debbie Wagner, Vero Beach, said the County does not allow you to count retention ponds as open space, and asked what the monthly maintenance fees are going to be. Applicant Opportunity to Respond to Issues Raised by Staff or Public Mr. Schulke stated nothing has been changed except to increase setbacks and buffers, and that he provided a new Exhibit G1 to show interior lots, and provided colored renderings. He said he did not know all of the people who spoke in favor of the project. He said the development will have county water and sewer, though some could use well or pond water for irrigation. Staff Opportunity to Summarize Request The GMD said it is a County requirement for new houses to hook up to water and sewer. City Council Deliberation and Questions Mr. Coniglio expressed approval for this proposed development, and Mr. Heptinstall concurred, commended Mr. Coy and Mr. Schulke for their professionalism, and Mr. Schulke senior for his input. Citv Council Action On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Council adopted Ordinance 0-03-21 with the stipulation that the City and Mr. Clark agree on fifty percent to be held in escrow until the City deems necessary to pave the remainder of Powerline Road on a vote of 4-1 (Barczyk — nay). 16 ORDINANCE NO. 0-04-03 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 AN EFFECTIVE DATE. WHEREAS, the owner of the parcel of property described herein has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida., finds and determines that the annexation of said parcel is in the best interest of the Cit} NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section I. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: The Southwest '/4 of the Southwest 1/4, and the South 534.5 feet of the Northwest 1/4 of the Southwest '/4, LESS the North 250 feet of the West 200 feet, all in Section 6, Township 31 South, Range 39 East, Indian River County, Florida; as depicted on the attached map; Containing 56.25 acres more or less. Section 2. INITIAL LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. Following its adoption, this Ordinance shall become effective concurrent with the effective date of Ordinance 0-03-20. The foregoing Ordinance was moved for adoption by Councilmember Monier_ The motion was seconded by Councilmember Conig io and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum nay Vice -Mayor Joe Barczyk aye Councilmember Ray Conigho aye Councilmember Lisanne Monier aye Councilmember Michael Heptinstall aye The Mayor thereupon declared this Ordinance duly passed and adopted this 26th day of May , 2 004. ATTEST: Sally A. City Cie 41 44'CMC CITY OF SEBASTIAN, FLORIDA y.. Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City ttbrney ORDINANCE NO. 0-03-20 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN 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, ADJACENT TO SEBASTIAN ELEMENTARY SCHOOL KNOWN AS ASHBURY SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of the Coy A. Clark Company for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of L-2 (Low -Density Residential, 6 units per acre) to a City designation of LDR (Low Density Residential); and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, as of the effective date to be lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: The Southwest 1/4 of the Southwest '/4, and the South 534.5 feet of the Northwest 1/4 of the Southwest t/4, LESS the North 250 feet of the West 200 feet, all in Section 6, Township 31 South, Range 39 East, Indian River County, Florida; Containing 56.25 acres more or less. Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the sante as LDR (Low Density Residential) in accordance with the requirements of Florida law. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Community Affairs or other final action finding the amendment herein in compliance, and annexation of the property into the corporate limits of the City of Sebastian. PASSAGE UPON FIRST READING The foregoing Ordinance was movedfor passage upon first reading this 17th day of December, 2003, by Co cilmember �( ' '1 The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice -Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Nathan McCollum ATTEST: Sally A. M ' , CMC City Clerk`/ ADOPTION The foregoing Ordinance was moved for adoption by Councilmember Heptinstall motion was seconded by Councilmember Monier the vote was as follows: Mayor McCollum Vice -Mayor Barczyk Councilmember Monier Councilmember Coniglio Councilmember Heptinstall nay nay aye aye ave The and, upon being put to a vote, The Mayor thereupon declared this Ordinance duly passed and adopted this 26th day of May '2004 . ATTEST: 4.. , `r G Sally A. io, CMC City Clerk CITY OF SEBASTIAN, FLORIDA B. 1V1�ayor Approved as to form and legality for reliance by the City of Sebastian only: City Attorney ORDINANCE NO. 0-03-21 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. WHEREAS, the Coy A. Clark Company, has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, as of the effective date to be lying within the incorporated area of the City of Sebastian, Indian River County, Florida: The Southwest 1/ of the Southwest 1/a, and the South 534.5 feet of the Northwest 1/4 of the Southwest 1/a, LESS the North 250 feet of the West 200 feet, all in Section 6, Township 31 South, Range 39 East, Indian River County, Florida; Containing 56.25 acres more or less. Section 2. PLANNED UNIT REZONING. The real property described above is hereby given an initial City zoning designation of Planned Unit Development Residential (FUD- R) in accordance with the attached Conceptual Development Plan (CDP) prepard by Joseph W. Schulke, P.E., as last revised April 12, 2004. As part of said CDP, Owner agrees to execute, prior to approval of a Preliminary Development Plan, an agreement for payment of 50% of the cost of constructing Powerline Road from its northern terminus adjacent to the FPL substation to the intersection with Sebastian Boulevard. Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, 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 or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective concurrent with the effectiveness of Ordinance 0-03-20. The foregoing Ordinance was moved for adoption by Councilmember Coniglio . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice -Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall Heptinstall aye nay aye ave aye and, The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of June, 2004. ATTEST: Sally A. Mai /, CMC City Clerk CITY OF SEBASTIAN, FLORIDA 5 Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attd" ey