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HomeMy WebLinkAbout2004 04 05 - Exhibit 4 - Ord O-03-21 - 2nd Read• • affM SEN"O" Y HOME Of PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Second reading and quasi-judicial Agenda No. C4, n q W public hearing for Ordinance 0-03-21; conceptual development plan and rezoning Department Origin: M request from Agricultural (A-1) to Planned Unit Purchasing/Contracting: Development Residential (PUD -R) for a Finance Director:. proposed 56+/- acre planned unit development City Attorney: situated along Powerline Road north of City Clerk: Sebastian Elementary School and south of Main Street adjacent to Sebastian Highlands Unit 1. Date Submitted: April 5, 2004 For Agenda of: April 14, 2004 A for 'tty: City Manager errence&--Moore Exhibits: 0-03-21, Location Map, Conceptual Plan, Staff Report, P&Z recommendation, Application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: . SUMMARY The Coy A. Clark Company is requesting a large-scale land use map amendment for a 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. The current land use designation for this parcel of land is L-2 (Residential 6units/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). The Coy A. Clark Company is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of PUD -R (Planned Unit Development — Residential). The property is currently undeveloped, undisturbed land proposed for development of 195 single-family residential homes, for a density of 3.47 units/acre, well below the 5 units/acre permitted under the LDR designation or the 6 units/acre currently permitted within the existing L-2 (County) designation. The proposed project also includes improving Powerline Road from the subdivisions western access point north approximately 570'+/- to the north property boundary. Pelican Isles lies immediately north, and said project will include improvements to Powerline from Main Street south to the Ashbury Subdivision. In addition, the primary subdivision access point will be via the proposed extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the southeast comer of Ashbury. Attached hereto is a property identification letter from the Indian River County Planning Department specifying the existing land use category as L2 (6 units/acre). Please see the attached aerial photo for general location details. Attached within the ordinance for annexation (0-04-03) is a restrictive covenant limiting the subject development to 3.50 units/acre as suggested by City Council during the March 24th Council meeting. �� RECOMMENDED ACTION Conduct the quasi-judicial public hearing for Ordinance No. 0-03-21. Staff recommends the City Council adopt Ordinance No. 0-03-21. "Move to adopt Ordinance No. 0-03-21." �J BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960-3365 TeleF ',n*:67-8= "C 7 ' Ms_ Slt :tri Larusso r. Gro ;1�fanagernent'Department City of Sebastiai>r' I; 122i:n Street' r, ScbT st ari FL 32980 :} l RF. Yarccls 3=39 -Ob -00000-5000-04014.0, 31-39-06-00000-5000-04015.0, and 31-39-07- ,I. 00000-3000-00009.0 bear Ms. T.arusso: I In response to your request, the following are the future T.and Use codes and 7oning districts for the 'sb ve referenced parcels. L 'Coning 1-uture T.and+ Use istrict "000-'54)00-00014.0 L2 (6 units/acre) A-1 (Agricultural) 31 9. X06=00000'-5000-00015.0 L2 (6 units/acre) A-1 (Agricultural) 31- 39 O't�0600,`3000=00009.0 (Located in the City of Sebastian) If, ou haueia}r.questions, please feel free to contact me at (772) 567-8000, x1455. ._ ` 1 iPI %,Matson. As 15�rit' M1 Cr Staff Director Cc Stan Baling, Tndian River County Planning Director i I; Mel •na, ;. w:�.lq„.,wnura/drVbBEPro!^'^,•hxrn,+Das wuaM , is L:. • 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 i 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. • • C: 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 and being within the incorporated area of the City of Sebastian, Indian River County, Florida: The Southwest 1/4 of the Southwest 1/4, and the South 534.5 feet of the Northwest 1/a of the Southwest 1/4, 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. PLANNED UNIT REZONING. The real property described above is hereby given an initial City zoning designation of Planned Unit Development Residential (PUR- R) in accordance with the attached Conceptual Development Plan. 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 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 by Councilmember and, The Mayor thereupon declared this Ordinance duly passed and adopted this day of April, 2004. ATTEST: Sally A. Maio, CMC City Clerk CITY OF SEBASTIAN, FLORIDA BY: 0 Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney G. K. ENvnzoN-AuNTAL, INc. GEORGE R KuLczYcia Environmental Consulting 155 McKee Lane Vero Beach, FL 32960 772-567-9129 �' �;�+ � '''•.�^+n}i^� � / -, . if E1 TA2®N�'EALSITE ASSESS�IENT x�{ ; WETLANDS; SCRUB Y,� D GOPHER TORTOISE'S TAvEY All QrY PRO RT' '°LOCITED A:T: .Sym. J. 57.0-. ACRES' SEBASTTAiv, SITE _ SEcTioNs 6.,& 7, TOWNSHIP 3IS 'RAYGE39E. �~ - • -- TArr'RrvE CouNT,Y, FLO.RM �' r "�, �•�,��,,a fey-'—�•-�—+ ' .ori e •�� �? � � r .r .�a. 3 '` '' .041 Prepared for: Mr. Coy A. Clark, President Clark Development Company Melbourne, FL Brevard County May 2003 0 • U 0 Table of Contents 1.0 Introduction 1.1 Purpose 1.2 Scope of Services 1.3 Scrub Jay Survey Methodology 1.4 Gopher Tortoise Survey Methodology 1.5 Wetland Delineation Methodology 2.0 Site Description 2.1 Location and Legal Description 2.2 Site and Vicinity Characteristics 2.3 Site Vegetation 2.4 Endangered and Threatened Species 2.5 Regulatory Wetlands 3.0 Findings and Conclusions 4.0 Appendix 4.1 Location Map, Aerial Photograph, Scrub Jay Station Maps / Gopher Tortoise Burrow Location Map, Wetland Location Map, Photographs, Scrub Jay Data Sheets Page 2 of 9 OKE / Clark / Sebastian Site Environmental Site Assessment Mav 2003 1.0 INTRODUCTION G. K Environmental, Inc. (GICE) has been retained by Mr. Coy A. Clark, President of Clark Development Company, to conduct an Environmental Site Assessment of the subject property located in Indian River County, Florida, Sections 6 & 7, Township 31S, Range 39E (57.0± acres). The site visits were conducted on March 21 through March 25, 2003. 1.1 PURPOSE The specific purpose of these surveys were to identify the possible location and/or potential occurrence of: the Florida scrub jay (five day survey), gopher tortoises, and the location of regulatory wetlands, on the property, located at Sections 6 & 7, Township 31S Range 39E, Indian River County, Florida, and to determine the probability of other endangered and/or threatened species potential on site. The project purpose is to construct a single-family home subdivision on the- subject site. A five-day scrub jay survey was conducted on site. c 0° Page 3 of 9 GKE / Clark / Sebastian Site Environmental Site Assessment May 2003 • • U • 1.2 SCOPE OF SERVICES A) GICE to complete a systematic five (5) day survey for the presence of Florida Scrub Jay in accordance with USFWS — Jacksonville Field Office Scrub Jay Survey Guidelines (April 19, 2001) and guidelines set forth in Ecological and Development — Related Habitat Requirements of the Florida Scrub Jay (Alphelocoma coerulescens coerulescens), Non -Game Wildlife Program Technical Report 48, Office of Environmental Services, Florida Game and Fresh Water Fish Commission (nka Florida Fish and Wildlife Conservation Commission), April 1991. B) GKE to provide a detailed site inspection / transects of the subject site and verify, photograph, map burrow locations and provide habitat description in accordance with Fish and Wildlife Conservation Commission regulations, Chapter 68A-27 (fka Ch.39-27.002(4)) and Ecology And Habitat Protection Needs Of Gopher Tortoise (Gopherus polvphemus) • Populations Found On Lands Slated For Large -Scale Development In Florida, Nongame Wildlife Program Technical Report No. 4. C) GKE to flag regulatory wetlands in accordance with current state and federal regulations. D) GEE to meet with SJRWMD on site to verify and request letter from ACOS of no jurisdiction, due to isolation of wetlands. E) GEE to assess site for client as to the potential of other endangered & threatened species and include such findings in report. • �V Page 4 of 9 GKE / Clark / Sebastian Site Environmental Site Assessment May 2003 1.3 SCRUB JAY SURVEY.METHODOLOGY GICE ecologist established seven (7) north/south and east/west transect locations (twelve stations), within the boundaries of the subject 57.0t acre parcel, with three (3) additional stations in the proximity of the access road right of way parcel (see enclosed aerial). GICE played the Florida scrub jay calls for a total of seventy-five (75) playbacks, located along the seven (7) transects for five (5) days of consecutive sampling. At each playback station, GICE played scrub jay territorial scolds, including the female hiccup call, for not less than one (1) minute in all four compass directions. The calls were produced on a high quality, handheld cassette player, broadcast at full volume in all four compass directions. The scrub jay survey was conducted on March 21 through March 25, 2003. The survey was conducted in the mornings on calm, partly cloudy days. The survey began approximately one (1) hour after sunrise and ended prior to 1.4 GOPHER TORTOISE SURVEY METHODOLOGY Five (5) north/south serpentine transects and six (6) east/west transects were established within the project boundaries. Areas were observed along. each transect side for the presence of gopher tortoises and or gopher tortoise burrows (see attached aerial). Areas surrounding burrow concentrations were closely inspected for additional burrows. Survey was completed between March 21 and March 25, 2003. 1.5 WETLAND DELINEATION METHODOLOGY Location flagging for state and federal regulatory wetlands was completed on March 21 and 22, 2003 in accordance with Florida Administrative Code (FAC) 62-340 and the Army Corps of Engineers (ACOE) Wetland Delineation Manual / i� Page 5 of 9 OKE / Clark / Sebastian Site Environmental Site Assessment May 2003 • • is • Technical Report Y-87-1. Delineated wetlands will be field located on a 1" - 200' scale Indian River County blue -Line aerial. 2.0 SITE DESCRIPTION 2.1 LOCATION AND LEGAL DESCRIPTION Subject parcel(s) contain approximately 57.0± acres and is located in Section(s) '6 & 7, Township 31S, Range 39E, Indian River County Florida. 2.2 SITE AND VICINITY CHARACTERISTICS The subject site is located north of the Sebastian Elementary School on S.R. 512 and south of Main Street. The subject site(s) contain approximately 57.0 acres of undeveloped land with predominantly dense native vegetation covering • the entire site. The site is surrounded by the City of Sebastian; however, the subject site is within the Indian River County Jurisdiction. Land to the north is undeveloped. Land to the east and west is an existing single-family housing development. Land to the south (along S.R 512) is the Sebastian Elementary School. An FP&L utility station is located adjacent to the northwest corner of the subject site. A single-family home is located in the northeast corner of the subject parcel. Page 6 of 9 GKE / Clark / Sebastian Site Environmental Site Assessment May 2003 2.3 SITE VEGETATION The majority of the site, is heavily wooded and consists of, but not limited • to: UPLAND AREAS Slash Pine...............................pinus elliottii Sand Pine ...............................Pinus clausa Live Oak ................................. Quercus vtroa inzana Scrub Oak...............................Quercus inopina Chapman Oak.........................Quercus chapmanii Saw Palmetto.........................Serenoa repens Wiregrass...............................Aristida stricta Runner Oak ............................Quercus pumila Gopher Apple.........................Licania michauxii Gallberry ................................flex glabra Reindeer Moss .......................Cladina sp. Rosemary ...............................Certiola ericoides Rusty Lyonia.......................... Loyonia ferruginea 3 -Pedal Paw Paw...................Asimina triloba WETLAND AREAS • Red Bay..................................Persea humilis Cabbage Palms .......................Sabal palmetto Wax Myrtle ............................Myrica cerifera Royal Fern..............................Osmunda regalis Chain Fern..............................Woodwardia virginica Dahoon Holly .........................Ilex cassine Cord Grass.............................Spartina bakeri Willows..................................Salix spp. P ani c um .................................. Red Root................................Lachnanthes caroliana 2.4 ENDANGERED AND THREATENED SPECIES No Florida scrub jays or any endangered or threatened species were observed on the proposed development site during the five-day survey / site inspections. The project site and surrounding site vegetation to the north, east, • �g Page 7 of 9 GKE / Clark / Sebastian Site Environmental Site Assessment May 2003 r. and west are not considered viable scrub jay habitat, as these areas are either • developed or contain heavilyforested sand and slash pine communities. One state listed "species of special concern" located on site is the gopher tortoise, Gopherus polyphemus. Fifteen (15) burrows were located within the large parcel. No burrows were observed in the smaller triangle parcel on S.R. 512 (see attached. aerials). Potential habitat for the eastern indigo snake, Drymarchon corals couperi, as with most native Florida communities, exists on site. However, no individuals were observed on site. No wading birds or nests were observed in or around the wetlands. The surrounding and abutting areas are developed, which would lessen the likelihood of significant endangered & threatened species utilization on the subject site. Avian fauna observed include but not limited to: morning dove, • Zenaida macroura; cardinals, Cardinalis cardi nabs; blue jays, Cyanocitta cristata; mockingbirds, Mimus polyglotto; vultures, Coraaps atratus; and crows, Corvus brachyrhynchos. 2.5 REGULATORY WETLANDS Three (3) isolated wetlands exist on site (see enclosed aerial). The wetlands have been flagged by GEE and verified by the St. Johns River Water Management District (SJRWMD). The wetlands are isolated from waters of the state and should not require an Army Corps of Engineers permit to impact. However, the wetlands are all over 0.5 acre in size and a SJRWMD permit and mitigation will be required if these wetlands are impacted. Additionally, Page 8 of 9 OKE / Clark / Sebastian Site Environmental Site Assessment May 2003 SJRWMD will require an upland buffer (15-25 feet) to be preserved surrounding the wetland area or mitigated for secondary impacts as a result of loss of buffer. A letter validating no jurisdictional wetland. locations from the ACOE has been requested. 3.0 FINDINGS AND CONCLUSIONS A) No Florida scrub jays were observed within the project boundaries during the five-day survey of the subject development. Significant and viable habitat for this species does not exist within the project boundaries, due to dense ground and canopy vegetation cover. B) No other endangered and/or threatened species or significant and viable associated habitat(s) were observed or appear to exist within the project boundaries, except for the potential existence of the eastern indigo snake. C) One "Species of Special Concern" exists on the subject site, which is the gopher tortoise, Gopherus polyphemus. Fiffeen (15) gopher tortoise burrows were identified during the site inspections. No inactive burrows were observed. A state regulatory gopher tortoise "Incidental Take" permit (Florida Fish . and Wildlife Conservation Commission) will be required prior to permitted land clearing activities by local government, along with payment to the State of Florida (FFWCC) for mitigation for loss of gopher tortoise habitat. George R Kulczycki, i al Ecologist 110 END OF REPORT Date Page 9 of 9 GKE / Clark / Sebastian Site Environmental Site Assessment May 2003 n LJ • n LJ EXHIBIT 'G' PUBLIC BENEFITS STATEMENT AND COMPARISON SEBASTIAN HIGHLANDS S/D -NO PERIMETER BUFFER -NO UPLAND PRESERVATION -NO WETLAND PRESERVATION -NO RECREATION AREA -OPEN SPACE AT 50% -NO SIDEWALKS -NO CURBED DRAINAGE -SWALE AND D17CH SYSTEM IS A LARGE BURDEN ON CITY RESOURCES -PUBLIC ROADS- A LARGE DRAIN ON CITY RESOURCES 0 ASHBURY P.D. -PERIMETER BUFFER- NATIVE PRESERVATION AND NEW VEGETATION -UPLAND PRESERVATION - 6.08 ACRES -106% WETLAND PRESERVATION - 3.33 ACRES -RECREATION AREA - 3.02 ACRES, WITH' CA13ANA/POOL, PLAYGROUND AND PASSIVE RECREATION AREAS -INCREASED OPEN SPACE - 60% -INTERNAL SIDEWALKS - BOTH SIDES OF THE ROAD -CURBED DRAINAGE- CONSISTENT WITH THE REQUESTS OF MANY CITIZENS FOR THE CITY STREETS -PRIVATELY MAINTAINED ROADS AND DRAINAGE SYSTEMS - NO DRAIN ON CITY RESOURCES -R/W CONSTRUCTION (S. WIMBROW EXTENSION FROM CR512) AT NO COST TO THE CITY INCLUDING: ' WA7ERAND SEWER MAIN EXTENSIONS ACCOMMODATE ROAD DRAINAGE AT NO COST TO THE CITY- HELPS WITH NPDES REG'S ` PROVIDES OPPORTUNITY FOR NEW COMMERCIAL DEVELOPMENT - NEW TAX BASE -R/W CONSTRUCTION POWERLINE RD. FROM TRIAD (APARTMENTS) TO SITE AT NO COST TO THE CITY, INCLUDING: 'EXTEND WATER THROUGH SITE `AQUIRE DRAINAGE PERMITS FROM STATE FOR POWERLINE ROAD CONSTRUCTION -ADDITIONAL TAY BASE AND IMPACT FEES COLLECTED (195 LOTS) 'BUT WITH LESS IMPACTS TO CITY RESOURCES ` EXAMPLES: RECREATION IMPACT FEE PAID, YET PROVIDING 3.02 ACRES OF RECREATION DRAINAGE IMPACT FEE PAID, YET PROVIDING CENTRAL DRAINAGE PROPERTY TAXES PAID, YET PROVIDING PRIVATELY MAINTAINED ROADS SCHULKE, B ITTLE & STODDARD, L.L.C. CMC 6[ 37XLXWRAL E70WERM • LAND PIAWW VMWNUEMAL PMfMC 1140 7th COURT, SUITE F VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL sbsengQgate.net • ASHB UR Y S UBDIVISION AMENITIES • Recreation Amenities ■ ± 2,000 SF Clubhouse w/ Swimming Pool ■ Children's Playground ■ Walking Trails through. Preservation Areas ■ Passive Open Space (Benches, etc.) Environmental Considerations ■ Preservation of ± 5 Acres of Wetland Habitat ■ 20' Wide Upland Preservation Buffer Around Project Perimeter Upland Preservation Areas in NE and SW Corners of Project ■ Attempting to "Cut -In" Roadways Within Project to Promote Tree Preservation on Individual Lots and Prevent "Moon- Scaping" ■ Preservation of Existing Vegetation in "Landscape/ Recreation" Areas ■ Use of Existing Vegetation in Entrance Area Other Considerations ■ Gated Community ■ Privately Maintained Drainage and Roadway Systems ■ Curb and Gutter Design with Central Stormwater Lakes ■ 4' Wide Sidewalks on Both Sides of Street & 5' Wide Sidewalk • at Entrance Growth Management Department Rezoning Application - Staff Report Project Name: Ashbury Subdivision 2. Requested Action: Rezoning from A-1 to PUD -R 3. Project Location a. Address: Powerline Road north of Sebastian Elementary. b. Legal: See survey C. Indian River County Parcel Number: 31-39-06-00000-5000-00014.0 31-39-06-00000-5000-00015.0 4. Project Owner: Snook Properties, LLC 696 Shady Grove Road Coffee Springs, AL 36318-4644 5. Project Agent: The Coy A. Clark Company c/o Schulke, Bittle & Stoddard, LLC. 11407 th Court, Suite F Vero Beach, Florida 32960 (772) 770-9622 fax: (772) 770-9466 6. Project Engineer: Same as Agent 7. Project Surveyor: Houston & Bryant Land Surveying 9436 U.S. Highway 1 Sebastian, Florida 32958 (772) 388-8603 fax: (772) 388-8604 8. Project Description • • a. Narrative of proposed action: The Coy A. Clark Company is requesting a large-scale land use map amendment for a 56+/- acre tract of land situated along Powedine Road north of Sebastian Elementary School and south of Main Street adjacent to Sebastian Highlands Unit 1. The current land use designation for this parcel of land is L-3 (Residential 6units/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). The Coy A. Clark Company is requesting annexation of said parcel with a land use of LD (Low Density 5 units/acre) and corresponding zoning of PUD -R (Planned Unit Development — Residential). The property is • currently undeveloped, undisturbed land proposed for development of 195 single - 11 • • is family residential homes, for a density of 3.47 units/acre, well below the 5 units/acre permitted under the LD designation or the 6 units/acre currently permitted within the existing L-3 (County) designation. The proposed project also includes improving Powerline Road from the subdivisions western access point north approximately 570'+/- to the north property boundary. Pelican Isles lies immediately north, and said project will include improvements to Powerline from Main Street south to the Ashbury Subdivision. In addition, the primary subdivision access point will be via the proposed extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the southeast corner of Ashbury. b. Current Zoning: A-1 (County — Agriculture) C. Adjacent Properties 7nning Current L and Ilse Future Land 11,;P- North: lseNorth: RM -8 Multi-family/Vacant MDR East: RM -8 Multi-famiiy/Vacant MDR R -MH Orange Heights MH South: PS Sebastian Elementary INS West: RS -10 Residential/Vacant LD d. Site Characteristics (1) Total Acreage: 56.25 acres (residential area) (2) Current Land Use(s): Vacant (3) Soil: Immokalee, Myakka, Pomello (4) Vegetation: Palm, Oak (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (Water Main) (7) Sanitary Sewer Service: Indian River County Utilities (Forcemain) (8) Parks: Main Street Park 1/4 mile (9) Police/Fire: Sebastian Police'/4 mile IRC Fire — 1 mile 9. Comprehensive Plan Consistency a. Future Land Use: L-3 (County — 6 units/acre) i b. Level of Service • (1) Traffic: The proposed will create an ADT of 1,970 Trips (195 units x 10.1 trips per day). Consequently, there will be an increased demand on the existing roadway network. However, the proposed project includes improving Powerline Road from the subdivisions western access point north approximately 570'+/- to the north property boundary. Pelican Isles lies immediately north, and said project will include improvements to Powerline from Main Street south to the Ashbury Subdivision. In addition, the primary subdivision access point will be via the proposed extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the southeast comer of Ashbury. (2) Potable Water: Ashbury Subdivision will be connecting to Indian River County Utilities water main, therefore eliminating the need for potable wells within said development. (3) Wastewater: Ashbury will be connecting to Indian River County Utilities sewer forcemain, therefore eliminating burdensome septic systems within the developed area. (4) Stormwater: Project includes a privately operated and maintained stormwater system, which by design will improve water filtration prior to intrusion into the groundwater system, while also reducing maintenance obligations for the City. (5) Recreation: Property owners within ,Ashbury will be subjected to the citywide recreation impact fee program, therefore supplementing and enhancing the development of future parks and recreational facilities within the community. In addition, Ashbury includes a total of 16.37 acres of wetlands/upland preserves, along with internal recreational amenities. (6) Solid Waste: There will be an increased demand on solid waste with the addition of 195 residential units. 10. Confonnance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. 11. Changed Conditions: Undeveloped, undisturbed land, with proposed change to single- family residential. 12. Land Use Compatibility: The adjacent properties to the north, east and west are designated low density residential, while the property immediately south is designated for low density residential within the County. There will be a negligible impact caused by the proposed land use change due to the cli similarity of the existing uses in the area. Additionally, the infrastructure improvements 3 n LJ • • • slated as an element of the proposed project will enhance the viability and sustainability of the area. 13. Adequate Public Facilities: Provided — public utilities (water, wastewater) will be incorporated within the development of the proposed PUD, and multiple stormwater lakes will be included within the subdivision. 14. Natural Environment: The proposed PUD will contain the requisite open space as required by land development. regulations. In addition, Ashbury includes a total of 16.37 acres of wetlands/upland preserves. 15. Economic Effect: provided — The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 56 +/- acres of land area with an additional 195 residential units, which in tum creates an expanded tax base for the City of Sebastian. 16. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential/commercial property and availability of sufficient public facilities and access. 17. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. As the property is an enclave, and it is adjacent to the urban service area, it would be prudent of the City to annex the property consistent with the goals and objectives outlined within the comprehensive plan. The proposed use is consistent with land use objectives and will not adversely impact the surrounding neighborhood based on design criteria outlined within the subdivisions conceptual development plan. Therefore, staff opines that the proposed annexation/land use change is not in conflict with public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of enclaves adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 19. Analysis: The Coy A. Clark Company is requesting a large-scale land use map amendment for a 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. The current land use designation for this parcel of land is L-3 (Residential 6units/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). The Coy A. Clark Company is requesting annexation of said parcel with a land use of LD (Low Density 5 units/acre) and corresponding zoning of PUD -R (Planned Unit Development — Residential). The property is currently undeveloped, undisturbed land proposed for development of 195 single-family residential homes, for a density of 3.47 units/acre, well below the 5 units/acre permitted under the LD designation or the 6 units/acre currently 4 permitted within the existing L-3 (County) designation. The proposed project also includes improving Poweriine Road from the subdivisions western access point north approximately 570'+/- to the north property boundary. Pelican Isles lies immediately north, and said project will include improvements to Powerline from Main Street south to the Ashbury Subdivision. In addition, the primary subdivision access point will be via the proposed extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the southeast corner of Ashbury. 20. Conclusion: The requested rezoning from A-1 (County) to PUD -R is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested re -zoning subject to the following: 1. The re -zoning shall be conditioned upon receipt of annexation approval by the City Council. PRE A,AO BY i�g 5 -5 DALE • • • r� • • =OF S �TL HOME OF PELICAN ISLAND Growth Management Department Conceptual Development Plan Planned Unit Development Approval Application Staff Report 1. Project Name: Ashbury Subdivision PUD. 2. Requested Action: Conceptual Development Plan Approval. 3. 1 Project Location a. Address: North of Sebastian Elementary and south of Main Street. b. Legal: See Survey C. Indian River County Parcel Number: 31-39-06-00000-5000-00014.0 31-39-06-00000-5000-00015.0 4. Project Owner: Snook Properties, LLC 696 Shady Grove Road Coffee Springs, AL 36318-4644 5. Project Agent: The Coy A. Clark Company c/o Schulke, Bittle & Stoddard, LLC. 1140 7'h Court, Suite F Vero Beach, Florida 32960 (772) 770-9622 fax: (772) 770-9466 6. Project Engineer: Same as Agent 7. Project Surveyor: Houston & Bryant Land Surveying 9436 U.S. Highway 1 Sebastian, Florida 32958 (772) 388-8603 fax: (772) 388-8604 8. Project Description a. Narrative of proposed action: The Coy A. Clark Company is requesting a large-scale land use map amendment for a 56+/- acre tract of land situated along Poweriine Road north of Sebastian Elementary School and south of Main Street adjacent to Sebastian Highlands Unit 1. The current land use designation for this parcel of land is L-3 (Residential 6units/acre (County)), while the current zoning is A-1 1� D (Agricultural 1 unit/acre). The Coy A. Clark Company is requesting annexation of said parcel with a land use of LD (Low Density 5 units/acre) and corresponding zoning of PUD -R (Planned Unit Development — Residential). The property is currently undeveloped, undisturbed land proposed for development of 195 single- family residential homes, for a density of 3.47 units/acre, well below the 5 units/acre permitted under the LD designation or the 6 units/acre currently permitted within the existing L-3 (County) designation. The proposed project also includes improving Poweriine Road from the subdivisions western access point north approximately 570'+/- to the north property boundary. Pelican Isles. lies immediately north, and said project will include improvements to Powerline from Main Street south to the Ashbury Subdivision. In addition, the primary subdivision access point will be via the proposed extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the southeast corner of Ashbury. b. Current Zoning: C. Adjacent Properties Zoning North: RM -8 East: RM -8 R -MH South: PS West: RS -10 Site Characteristics (1) Total Acreage: A-1 (County Agricultural) Current Land Use Multi-family/Vacant Multi-familyNacant Orange Heights Sebastian Elementary ResidentialNacant (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Future Land Use MDR MDR MH INS LD 56.25 acres (residential area) Vacant Immokalee, Myakka, Pomello Palm, Oak Zone X Indian River County Utilities (Water Main) Indian River County Utilities (Forcemain) Main Street Park '/4 mile Sebastian Police '/4 mile IRC Fire — 1 mile K • C • 9. Conceptual Development Plan criteria a. Evidence of unified control of the proposed planned development and the associated agreements required. yes b. Ownership Requirements. provided C. Compliance with comprehensive plan. (1) Future Land Use: Consistent (2) Traffic Circulation: Consistent (3) Housing: Consistent (4) Public Facilities: Consistent (5) Coastal Management: Consistent (6) Conservation: Consistent (7) Recreation and Open Space: Consistent d. Compliance with applicable ordinances. Consistent • e. Land use compatibility. The adjacent properties to the north, east and west are designated low density residential, while the property immediately south is designated for low density residential within the County. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Additionally, the infrastructure improvements slated as an element of the proposed project will enhance the viability and sustainability of the area. f. Adequate public facilities. Provided — public utilities (water, wastewater) will be incorporated within the development of the proposed PUD, and multiple stormwater lakes will be included within the subdivision. g. Natural environment. The proposed PUD will contain the requisite open space as required by land development regulations. In addition, Ashbury includes a total of 16.37 acres of wetlands/upland preserves. h. Economic effects. provided — The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 56 +/- acres of land area with an additional 195 residential units, which in turn creates an expanded tax base for the City of Sebastian. • I. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly 3 .�� development given the location of the site adjacent to residential/commercial property and availability of sufficient public facilities and access. j. Public interest. The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. As the property is an enclave, and it is adjacent to the urban service area, it would be prudent of the City to annex the property consistent with the goals and objectives outlined within the comprehensive plan. The proposed use is consistent with land use objectives and will not adversely impact the surrounding neighborhood based on design criteria outlined within the subdivisions conceptual development plan. Therefore, staff opines that the proposed annexation/land use change is not in conflict with public interest. k. Other matters. The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of enclaves adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 10. Contents of Conceptual Development Plan: a. Vicinity map: provided b. Property boundaries: provided C. existing conditions: provided d. Development plan. provided (1) land use: provided (2) Circulation: The roadway design plan incorporated within the conceptual development plan depicts two points of ingress/egress with one "primary" access point to Sebastian Boulevard and a "secondary" access point to the proposed Poweriine Road. The internal circulation system consists of a curvilinear street design with minimal points of intersection. (3) Conceptual drainage plan: provided (4) Densities: provided 3.47 units/acre (5) Nonresidential square footage: none e. Written material: (1) Planning objectives: provided — The intent of the project owner is to `ZL 4 • L� • • create a Planned Unit Development consisting of 195 single-family lots. The designation of a property as a PUD is intended to promote creation of a self-sustaining development comprise of residential and neighborhood commercial uses. However, given the subject site is not immediately accessible via a major thoroughfare, and is relatively small for a PUD, it is not advisable that the proposed project includes commercial uses. Therefore, Ashbury Subdivision is proposed as a single-family residential PUD, and remains in keeping. with stated objectives. The proposed subdivision demonstrates compliance with proper planning practices for incorporating a housing mix needed within the City. Additionally, the proposed is consistent with future planning objectives for the City concerning annexation of parcels of land immediately adjacent to the urban service area. (2) Development schedule: start construction January 2004 end construction June 2004 (3) Environmental impact statement: The following excerpts are from an Environmental Site Assessment prepared by G. K. Environmental for Coy A. Clark dated May 2003. Three isolated wetlands exist on site. The wetlands have been flagged and verified by the St. Johns River Water Management District (SJRWMD). • The wetlands are isolated from waters of the state and should not require an Army coprs of Engineers permit to impact. However, the wetlands area II over .5 acres in size and a SJRWMD permit and mitigation will be required if these wetlands are impacted. Additinally, the SJRWMD will require an upland buffer (15-25 feet to be preserved surrounding the wetland area or mitigated for secondary impacts as a result of loss of buffer. No Florida scrub jays were observed within the project boundaries during the five-day survey of the subject development. No other endangered and/or threatened species or significant and viable associated habitat(s) were observed or appear to exist within the project boundaries, except for the potential existence of the eastern indigo snake. One "Species of Special Concern" exists on the subject site, which is the gopher tortoise. Fifteen (15) gopher tortoise burrows were identified during the site inspections. No inactive burrows were observed. A state regulatory gopher tortoise "Incidental Take" permit will be required prior to permitted land clearing activities. (4) Public facilities impact statement: Ashbury Subdivision PUD will connect to both public water and sanitary sewer facilities with service provided by Indian River County. • (a) Quantity of wastewater generated; Wastewater generated will 5 0 be at 250 G.P.D. per unit (195) 50,875 G.P.D. (b) Description of proposed recreational facilities; Recreation amenities include Children's playground, walking trails through preservation areas, and passive open space amenities. (c) Quantity of potable water required; Potable water will be 250 G.P.D. per unit (195) 50,875 G.P.D. (d) Estimated number of school age children expected within the development: Estimated 2 children per household = 390 children — this figure is based on historical averages. (e) Estimated property tax and/or sales tax revenue generated by the project by phase; and $2,500 per unit x 195 units = $487,500.00 (f) Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable. Ashbury Subdivision PUD will connect to both public water and sanitary sewer facilities with service provided by Indian River County. 11. Open space and landscaped areas: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan shall demonstrate proper compliance with this regulation. As proposed, the project includes sufficient open space/recreation area. 12. City Engineer's review: The City Engineering Department has not raised any objections to the conceptual development plan. The Engineering Department will perform a more detailed analysis and review during the construction phase. 13. Other Matters: The requested rezoning and accompanying land use change will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of enclaves immediately adjacent to the urban service area. The proposed conceptual development plan will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 14. Analysis: The Coy A. Clark Company is requesting a large-scale land use map amendment for a 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. The current land use designation for this parcel of land is L-3 (Residential • • • • 6units/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). The Coy A. Clark Company is requesting annexation of said parcel with a land use of LD (Low Density 5 units/acre) and corresponding zoning of PUD -R (Planned Unit Development — Residential). The property is currently undeveloped, undisturbed land proposed for development of 195 single-family residential homes, for a density of 3.47 units/acre, well below the 5 units/acre permitted under the LD designation or the 6 units/acre currently permitted within the existing L-3 (County) designation. The proposed project also includes improving Poweriine Road from the subdivisions western access point north approximately 570'+/- to the north property boundary. Pelican Isles lies immediately north, and said project will include improvements to Poweriine from Main Street south to the Ashbury Subdivision. In addition, the primary subdivision access point will be via the proposed extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the southeast comer of Ashbury. 15. Conclusion: The proposed PUD is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 16. Recommendation: Staff recommends approval of the Ashbury Subdivision PUD Conceptual Development Plan with the following condition: 1. The land use change shall be conditioned upon receipt of annexation approval by the City Council. 40 7 DAT E Council Meeting7, 2003 • 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. —03.0 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. 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) / 7 6 l �y- • • JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E. WILLIAM P. STODDARD, Ph.D., P.E. • October 7, 2003 SCHULKE, BiTTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Tracy Haas, Director Growth Management Dept. City of Sebastian 1201 Main Street Sebastian, FL 32958 Re: Ashbury Subdivision Conceptual P.D. Application Dear Mr. Haas, After careful consideration of the Planning and Zoning recommendation to City Council, and subsequent meetings with you and Terrance Moore, the Coy A. Clark Development Co. hereby requests that the City Council consider the approval of the Conceptual P.D. for Ashbury Subdivision as it was previously presented to the Planning and Zoning commission, with the following modifications: • -Increase side setbacks to 7.5 ft, as recommended by the Planning and Zoning commission. -Increase the perimeter buffer to 25 ft. The subdivision, with the modifications presented herein, is a project that has evolved through the joint efforts of our design team and City staff, and as such, has both the City and the developer's best interests considered. We truly believe this project will be an asset to the city. Enclosed are twelve (12) sets of the revised plans for City Council consideration. If you have any questions, please do not hesitate to call. Sincerely, Schulke, P.E. Cc: Jeff Blackstone • Coy A. Clark 1140 7" COURT, SUITE F VERO BEACH, FLORIDA 32960 L� TEL 772 / 770-9622 Fax 772 / 770-9496 EMAIL sbseng@gate.net ' PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 Chmn Smith opened the public hearing and swore in the applicant and staff. Mr. Josepi \ae lke, Schulke, Bittle & Stoddard LLC, 1140 7`h Court, Vero Beach, Florida present c pplication. This will be a new branch of SunTrust Bank on a parcel that is part f ublix Indian River Subdivision Plat and water, sewer, traffic and drainage w odated for in that plat. Mr. Hass added the site plan is for a 3,500 squ e -foot ng acility with drive-thru. All the site infrastructure improvements were ' cluded in te d elopment of the Publix. Access will be by existing curb cuts. Su cient ing ha een provided for the drive-thru facility. The five conditions at apply for tional us are (1) Separate entrances and exits shall be provided nd clearly fied, (2) No ore than 2 curb cuts shall be permitted on any si le street frontage, te plan shall Ovide for efficient circulation of vehicles on -sit, (4) In the CG and strict, no drive- ru facility shall be located within 100feet a residential district, l side and rear ya s abutting or adjacent to residential d' tricts or uses shall be ned. Staff recomme ds approval of both the site plan d conditional use. Mr. Mahoney was concerned bout queuing of traffic. Xr. Allocco asked if the water retention was already sized an r. Schulke said it w s. Mr. Blessing wanted to know if SunTrust could request additional urb cuts in thVy�atre ure and Mr. Stringer said two are allowed for the whole Publix develo ent and th already in place. No one from the public spoke. Chmn S 'th osed the hearing. MOTION by Allocco/Blessing "I make a motion that we approve t SunTrust B k for the conditional use permit." Roll Call The vote was 7-0. MOTION by Al Mr. Faill yes Chmn rnith yes Mr. eley (a) yes Mr. Blessing yes on carried. honey Mr. Allocco yes Mr. Mahoney yes Ms. Monier yes "I make a rp6tion that we approve the site plan as presented for the new nTrust Bank at the Pu ix subdivision." Roll all: Mr. Faille yes Mr. Allocco es Mr. Mahoney yes Chmn Smith s Mr. Blessing yes Mr. Seeley ye Ms. Monier yes The vote was 7-0. Motion carried. C. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE MAP AMENDMENT/REZONING/PUD CONCEPTUAL PLAN Ms. Monier stated for the record that she had done some research with county commissioners, councilmen and doesn't believe that one branch of government should ignore the other branch. She added that the city is growing and the public is concerned �` ) 2 • • U PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF S.EPTEM—PER 18, 2003 The developers have certain rights but we are taking into consideration lot sizes, side • setbacks and density. One reason the developers are looking to annex into the city is for commercial growth, which is needed in our city. Chmn Smith added that the City of Sebastian has home rule, which means the city makes its own decisions. The school system is a county system and their jurisdiction. The Growth Management Department is the arbitrator between the developer and the city. Chmn Smith opened the public hearing. Mr. Joseph Schulke, who was previously sworn in, presented the application as an annexation of a 56 acre piece of property with a land use of L-2, six units per acre supporting single and multi -family zoning. The proposal is for a planned development. Mr. Schulke passed out similar exhibits to the commissioners that he gave to members of the public and introduced his clients, Mr. Coy Clark and Mr. Jeff Blackstone. The proposal is for 214 homes with increased lot width and setbacks. Thirty-two percent of the site will be for recreation, preservation and open spaces. It will have curb roads and sidewalks within the gated community. The surrounding area to the north is FPL substation and soon to be built Pelican Isle Apartments at 5.6 units per acre, to the east is Orange Heights a mobile home community at 4.2 units per acre, to the south is existing general commercial property and the Sebastian Elementary School, and to the west is Powerline Road. This project will have 3.47 units per acre. It has private streets, drainage and recreation areas with private maintenance of these. No added traffic through the Highlands, connect directly to the main highway. They hired both traffic consultant and environmental impact consultant. There were no endangered species found on the property and appropriate • permits will be obtained for gopher tortoise relocation. Mr. Hass added that the three big issues are density, lot sizes and setbacks. All these issues were addressed through the redesign of the project. Currently the site within the county is 6 units per acre, the proposal is for low density within Sebastian, which allows 5 units per acre, but the development proposal is presented at 3.47 units per acre. Mr. Mahoney asked about the size of the rights-of-way and Mr. Hass said there are 40' rights-of-way with sidewalks on both sides of the street as well as 10' easements along the rights-of-way. Mr. Mahoney suggested that PUD's use a calculation of 75% of the zone district requirement. There was discussion regarding open space, recreation areas and wetlands. Mr. Keough was concerned about the 7' setbacks. Mr. Allocco commended the layout and presentation but felt there were too many homes for the site. Ms. Monier suggested the whole point is to negotiate. The general feeling is that the density is too high and the applicant should consider decreasing the number of homes by 20 and use 10' setbacks. Mr. Blessing had concerns with the 40' wide road and would also like to see the density reduced. Mr. Seeley said he visited Collier Club and Sebastian Lakes to view this type of community. Mr. Smith confirmed with Mr. Hass that the developer has gone through negotiations with city staff and city council has final decision. Mr. Stringer added the three units per acre issue is the council saying they are not going to approve a higher density than the applicant would have had in the county. The following people spoke: PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 Mr. William Schulke, Sebastian, Florida said he felt that there is only abut 6' of usable • area within the 10' setback. He also commented that with the sidewalks there would be more street parking than with swales. Andrea Coy, 333 Pineapple Street, Sebastian, Florida would like to see a copy of the environmental impact study, 20' buffer area not enough, and density is too high. Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida liaison officer between the Sebastian Property Owners Association and city hall and the SPOA is against any change or decrease in the size of buildable lots from 10,000 square feet. Bill O'Neil, 321 Tangelo Street, Orange Heights, Sebastian, Florida wanted to know how close the ends of the streets are and Mr. Hass said 20' setback and 20' buffer. Andrew Falice, 1045 Foster Road, Sebastian, Florida concerned about the traffic from Pelican Isle and this project. Rob Clearbrook, 1041 Foster Road, Sebastian, Florida is against PUD development and concerned about the wildlife. George Gribbroek, 1049 Foster Road, Sebastian, Florida familiar with the site for more than 30 years and concerned about the wildlife and trees. Mary Ingui, 626 Layport Drive, Sebastian, Florida questioned if the residents of this development could use city parks but city residents could not use their facilities, would there be maintenance fees, and concerned abut the visual impact. Mr. Schulke added they have hired GK Environmental to do an environmental assessment of the property. He added they are preserving nine acres of upland and wetland area. Chmn Smith closed the hearing at 8.58 p.m. and asked Mr. Hass for a summary. He stated the main objective in reviewing these projects is to determine consistency with the Comprehensive Development Plan and Land Development Code as well as satisfy the objectives of the city council. Mr. Stringer advised the commission to vote on each item independently. MOTION by Monier/Blessing "I make a motion [to recommend to city council] that we change the land use to Low Density Residential [for Ashbury Subdivision]" Roll Call: Mr. Faille no Mr. Mahoney no Mr. Seeley (a) no Mr. Blessing yes Ms. Monier yes Mr., Allocco no Chmn Smith yes The vote was 4-3. Motion denied. 4 • PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 Mr. Stringer then advised the commission to make a motion for another land use • category because if it is annexed it must have a city land use category. He detailed the various land use categories. MOTION by Monier/Blessing "I would like to reiterate my motion [to recommend to city council] the create a land use for the Ashbury Subdivision to LDR" There was discussion about land use and zoning categories. Mr. Stringer advised the commission if the land were brought in without a land use category established it would come in at the closest corresponding city land use category. In this case it would be multi -family because the current county land use allows 6 units per acre and our multi- family category would be the closest. Roll Call: Mr. Allocco no Chmn Smith yes Mr. Seeley (a) yes Mr. Blessing yes The vote was 5-2. Motion carried. MOTION by Mahoney/Blessing Mr. Faille yes Mr. Mahoney no Ms. Monier yes "I make a motion that we [recommend to city council] rezone [Al to PUD -R] with a • minimum of 7,500 square foot lots with 7 Y2 ` side setbacks and 60' lot frontage" Roll Call: Mr. Faille yes Mr. Allocco yes Mr. Mahoney yes Chmn Smith yes Mr. Blessing yes Mr. Seeley yes Ms. Monier yes The vote was 7-0. Motion carried. C. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE MAP AMENDMENT/REZONING — CROSS CREEK SUBDIVISION Mr. Warren Dill, 1565 U.S. #1, Sebastian, Florida represented the applicants, Mr. Hank Fischer and Mr. Daniel Spencer. Also present is Mr. Bruce Moia of Mosby & Associates, Vero Beach, Florida. Mr. Dill described the property location, 115 acres, 150 single family lots, 85'X 135', 13,000 sq. ft. The lots on the cul-de-sac are almost half acre. The density is 1.3 units per acre, proposing private streets with 50' right -of way curb and gutter, and sidewalks on both sides. Powerline Road will be paved to access this property. County water and sewer is available, storm water will be kept on site and no obligation on the city for maintenance of drainage. Land use is compatible with surrounding area. Mr. Hass added that the property is currently being used as an active sand mine, which will cease operation this year. In the event that the Powerline Road access is not able to occur the alternative access point will be Shakespeare. • Mr. Mahoney was concerned about who would be responsible for paving Powerline Road and Mr. Hass said it is being negotiated. Mr. Allocco asked if the large cement 5 S i 33 Permit Application No. SE_BQ,TLkN City of Sebastian f,aaEecPEUG1N1wwD Develonment Order Aonlinn inn Applicant If not owner, written authorization notarized from owner is required) ( L�• ] 9 i r �Y}-,°..i` Address: �o�jGFIv�1<� �IT1 LE �TODDA.RL-) ,LLC Address: n% RTi i is C,'Z-5 iZ n%OfiT H OF Phone Number: n1 0� a Unit: FAX Number: 7170")77t) - qk4 ci E -Mail: �S hG�;r EE: Ac.I-r•c� LELt/-L. Owner If different from applicant) Name: EA q mVLTIPLL . 0W/J lL`- S E -7f! rf Address: Phone Number: { ) - FAX Number: E -Mail: Title of permit or action requested: -PL MCC UrQ17 "DEVeLOPmcniT CdJ(,EPTUAL-DE.\)�-LOPMEArr- '?LhAJ PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC, SHALL BE ATTACHED AND 8-1/2' BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if appiicaple): B. Site Information Address: n% RTi i is C,'Z-5 iZ n%OfiT H OF G.. 6/ :�:r1A /`.,i 3 G Lot: Block: Unit: Subdivision: EE: Ac.I-r•c� LELt/-L. Indian River County Parcel #: 3 l - - ro - 500 0 -oo i' -a . - 0001f, 31 _19 - o - 2>000 - ��/20-o o Zoning Classification: Ex/,,-nN� / 7 'FQD- Future Land Use: / Ex�sr Ncr P� ( - I T.K.L. ?SCT Lo ;Ty t51 D- l L -z r.a,c, Existing Use: Proposed Use: �1C../t Srn! L r I'�/vlll— Sv �iVISI�.�/J C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Wnlj"CTLUC,'� �tnV ZE Af��L•f �E4.�Elv<'11tL. ����i,/'�� ln.� '�li.'��` {/')` Lusi' �� U7rlLCrCA1T1 ),J 7or'r. a tTL DATE RECEIVED: �7 7 /, FEE PAID: $L RECEIVED BY: I. Received JUL ?003 P&Z Growth Mynt. • • DO a, C 0 0 • • Permit Application No. M11 City of Sebastian F,�,EOFP Development Order Application Applicant if not owner, written authorization notarized from owner is required) Name. / E . C 2K CaMP 0�b , HULKE C Address: I HC) LO UR -T i ARC ELN - 3Z9(.0 Phone Number: (-7-17_ ) -i 1 O - 9 6ZZ FAX Number. (77-L)-770- 4 N 9 (o E -Mail: 5%52/1 ; e Owner If different from applicant) Name: 5 tQ00 K 'P200 9L ► ES L L L Address: 9 b S HADA GRoVC ROAD C FF�a` �`P2���,sAL Z',3JE —H6L14 Phone Number: (-777- ) -7-78 - Z I �' FAX Number: E -Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): 2 B. Site Information Address: OR OF IZ Lot: Block: Unit: Subdivision: 5Et- A LIt En LF -C, A LS Indian River County Parcel #: 3f-3g—Oc.-0000 -5coo —cOo015,0 — 0001 L4,0 Zoning Classification: 15x,.5 -r v yr 1 Future Land Use: EX,STtn�rr - P� - z o -.e Loui-D- , - -�,�, r L -Z � Existing Use: Proposed Use: _ J 5'N LC TAMIL`� C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): ^^111JE-r T�� �ti,�tic- tt� PVD -R G,,,.� IZ�IftusluC �.!�,� USr t�rnrnE r.l�mr>_nrr '?c n&1NEG )nLT '' �u�� �, �,nE�T f�no�lc r, n�J ,4n1D RF_(aVZST- 0 R- A w n) EX'A Tt LW H R U E Jb E.E✓J SUN PA nTEn CoAj Ly 21 EA/f`t' y I.r rf" 4 DATE RECEIVED:1 /-1 /03 FEE PAID: $ T7:' -`RECEIVED BY: �� RecelvQ� 1 ?tzZZ ,SL, I C.AT Id � Permit Application No. D. Project Personnel: Agent: Name: Address t L4 c "! ', r�e L h; f Phone Number. 0[toa FAX Number: ('11 E -Mail: nt- Attorne : Name: Address Phone Number. ( ) - FAX Number E -Mail: Engineer: Name: SGttU LK C ,' 177-L L__ j S Mr) t)p>Zi_LC Address .— )Iy0 Phone Number. ( ) - FAX Number: ( ) Z - 1�-2.. 710 91(oZZ �Z. 1�� E -Mail: Surveyor. Name: C)U'Hcr Address Phone Number.FAX Number. E -Mail: LoV.J l S© nt4- I, Cc11UL.Ke BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INF RMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCO TRU O 5T KNOWLEDGE AND BELIEF. /Z /0 &GRE DATE % N� SWORN'T ND SUBSCRIBED BEFORE ME BY -.1pSGPH pERSQaI t Y KNO TO ME OR PRODUCED A I (A- AS IDENTIFICATION, THIS Z DAY OF 201j�. NOTARY'S SIGNATURE w,, ) h PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: <r�tPkp���c WILLIAM STODDARD � -:Notary Public - StataA,cf Florida ! A " COmmasion F Ap1Z2iOX Commission # D'uQ.1 i8?3 • • • Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (Including rezoning), site plans, conditional use permits, special use permits, variances, • exceptions, and appeals. IM/E, _ THE OWNER(S) / —ZTHE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THEA- \ G-�d S-�C� ;, (`Dmrr)1 S) O M� BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND ViEW`THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. • is I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY. CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS 8 NED BY'ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES BY AN 0 AGE CONTRACTOR OR OFFICIAL OF THE��//TY F SEBASTIAN. U SIGNAT DATE Sw rn to subscribed before me by Sorpl+ Sr �� who is personally known to me or produced ri1A as identification, this �_ day of Ly '20 off__ Notary's Signature Printed Name of Notary Commission No./Expiration Seal: WILLIAM STODDARD Notary Public . 9t4to of F10004 * ComMMOM E*k= hr 12, XW Commission # 00017871. Permit Application No. arY°F Supplemental information SUL� 'J6 V Planned Unit Development, Conceptual Development Plan HOME OF PELICAN ISLAND (ATTACH ADDITIONAL PAGES IF NECESSARY.) _ 1. Describe how the proposed conceptual development plan is consistent with the elements of the Comprehensive Plan. 4 USE mm nip rn nor H c •.SEN �,aM rr= �,tJL VL2FA)r-Lam/ tNtT1/- �HfS A,71-1.iC/1Ti OAJ (4C Wji.L- a.rE (UMSP�-n':AiT WITP -1'4c. SJV1 )nTiA)LT- R=rv"n/tL. 1jE'JCL09MCA✓"'!b — 2. Describe how the proposed conceptual development plan will be in conformance with applicable requirements of the City of Sebastian Land Development Code. 11-92;w� 61y'nPR€.14y_ALWIZ LAn1n 11 C Am/,,,l ..cis NbE.•y7- A,'JD — 3. Would the conceptual development plan result in any incompatible land uses, considering the type and location A of the uses involved? LAAJ).,ysEf f Mir rtrt(sn�T S LUUE Ln Cl.) DIEstS r' y !qIs'ri 'n -n t SUM rS /,q c. 2E r (JNA f S r NT` (1) 17It Th= 21002-L-- 11 D - 5 VN R� l Ac a j — 4. Describe how the proposed public facilities are adequate to serve the proposed conceptual development plan. '`Sly.! ,m Lg 2 -I' M;7rgAjw �jl �q lAj,,,, ,, j �U�tlfl/ Ur!L_!nr- � n,� mhRtl, !f ZJO� �l1n1n1C�T �ll�'rt'_Il.. Fru) To Fnrtc : r'rl aI n-) o A) A «n. , -,-&, 0 • • • Permit Application No. _ 5. Describe how the proposed conceptual development plan would not result in a significant adverse impact on the natural environment. �vvi MPj _ 6. Describe how the proposed conceptual development plan would not adversely affect the property values of the area, the general health, safety and welfare of the surrounding public, and not negatively impact the financial resources of the City. _M,uc �SLR.C,.rr !)ITP 1,647S t Pi-� i c IFT uJ Ur- ARE' S u ri rr-r nJ 4 �E(luC�t' Ford /+1V:1�=YfRf'ff).�i 1/l' PMO C�1- GiV�JI 1S 7iJ /C WIT (4 1 (= S'Uftir {1iJ/)bl ! j; 5* S i ()n/ri Vel. ����✓I �Jli i (, Ac -~ TNS AX 3✓dr2 HF Q -V o. r-r��,r--AGLg STI i? 7. Does the proposed conceptual development plan result in an orderly development pattem? 7HE ?n,usoz,r'fi '��u� r �� r+ _���' , a c f T. r-' AuL.c1'Uj 4LLC- c` 17(v, -z r 2Sf2— EA--r WlEs<T Aot, <,,7-;!4 _ 8. Explain how the proposed conceptual development plan is not in conflict with the public interest. _7%IS Pr')PSfz7Y I`, S( -) &)09--p 771-E L m rT5 D F Tl•t tr C r Tta o c d �� S n /t nJ U �c7.�;I, ► < (,-rr� SpC �nJ'r 7.1�5�^El�ilq�. Permit Application No. 9. Attach the following: Ia. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. Zb. A vicinity map. c. A map(s) of existing conditions including existing easements, streets, buildings, land uses, historical sites, tree groupings, wetlands, water courses, contours, the names of the property owners and existing land uses and zoning for all contiguous property, and the location and width of all existing or platted streets, easements, drainage ways and utilities contiguous to the property. /d. A development plan including land use, circulation, conceptual drainage pian, densities, and non-residential square footage. _ e. A statement of planning objectives. _ f. A proposed development schedule. q�. An environmental impact statement _ h. A public facility impact statement. �A/ A traffic impact statement and/or study. C LJ 0 MCF HOME OF PELICAN ISLAND Permit Application No. Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. _ 1. Proposed zoning: -,? a -D - K _ 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. Seam Ga,Apgp *LNSw L LA.IJn USI✓ AMIMEAJrjM�r-1 ' !1)r,)(lJrL(LCAJ7 -.Ulric Tljlc Ar- I Z 6'0, u N I r- L p�..J T) c, rr �/ 1 C', IT) L Afn P, l_ _ 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. 4. What land use and development changes have occurred since the effective! date of the comprehensive plan which are relevant to the proposed amendment? GI m PiiEHLAfi IvE LA va UsE An10 �� -ca ��``• r pj/Z A NA) EX A. 'n r )A) A (L E 9t ' I &- 5u 6 m (rrj�- I-) CnA) ( (j r) IZ G alt' 1A) iT4 71+(, A{]pLiLATIarV 5. Explain how the proposed rezoning is compatible with the existing or future; land uses of the City. Tf ao pos iE.� :7--m) r A_) p1 p - jZ / S C, AJ S I S t .ffi In)ITtk PIQnoSED I AIL) VOIC rD slr�N v,a LOW DF-M',MW " 7 iN LUNS %7 :AJT' LU 17 H L,tNo USS: L -Z 6. Are there adequate public facilities to serve the proposed land use? TRELUMIAJAS. j mE�E:nnlc-r W (7,R ':AJC„AN RrilEr ak )Axil Uil LInI^ t� N F 191 fn Qn 71-1 AT A i A r tr A -C; LA/ A-rr 2 A A A, -- n r 11n .. inI_1 IIIHAj1* (I( LJ i 1 �l� j r5,� /t' c p"e I nJr y) A-{ Permit Application No. _ C7 _ 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. "iMkjmC.AjTh-L bw c.0 ! o E.� nl o �'C, n. k.) f 1� r ` O fl, Enn,,a _ 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the city. A 9Eza%) :S'f Ey, AAJA)C_X,+-r Ok-) rfA 4, - F� EAJ ! :k r» 1Y- r�t1c.���2CniT' 1S COtOArl(�,LE • W IT FP SV2RWn101n1(r WILL In!(-R.EATay RA'5r- Po(L 714r (_rr / of tC-r7AA . _ 9. Describe how the proposed rezoning will result in an orderly development pattern. i N E ?(L() P 05E -D E U CL Nt E tiff" VJ I l.c r i �) (�, �r0 ? A. '� Anlfn wiLL- A -1-!,w CrzSiZ _ 10. Attach the following: v a. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. lb.A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. ✓ c. A survey and legal description of the property to be rezoned. l�2