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HomeMy WebLinkAbout2004 - 2nd Read O-03-16CITY Of SEISASTIM Z1 4 �h, HOME OF vPEUCAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Second reading and adoption hearing Agenda No. c I'm of Ordinance No. 0-03-16; land use amendment for a proposed 115 -acre private subdivision Department Origin: Growth Mana eg ment situated along Powerline Road south of Barber Purchasing/Contracting: Street and north of CR 510 adjacent to Sebastian Finance Director - Highlands Unit 11, and known as Cross Creek City Attorney: y Subdivision. City Clerk: ove f ub y: City Manager Date Submitted: May 21, 2004 For Agenda of: June 02, 2004 ence R. re Exhibits: 0-03-16, Location Map, Application and P&Z recommendation. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mr. Henry A. Fischer is requesting a large scale land use map amendment for an 115+/- acre tract of land situated along Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The current land use designation for this parcel of land is R (Residential lunit/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/5 acres). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS -10 (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. As proposed, Cross Creek will contain 150 single family residential lots. RECOMMENDED ACTION Conduct final pubic hearing. Staff'recommends the City Council move to adopt this ordinance. "Move to adopt Ordinance No 0-03-16 } ORDINANCE NO. 0-03-16 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 RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK 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 Henry A. Fischer 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 R (Residential, 1 unit 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 South %i of the Northwest 1/4 of Section 30, Township 31 South, Range 39 East, Indian River County, Florida; AND ALSO the Northeast 1/4 of the Southwest '/4, excepting the West 5 acres thereof, in Section 30, Township 31 South Range 39 East containing 115 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 same 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 moved for prrssage upon first reading this 17`h day of December, 2003, by Councilmember"� qct Kl!�-- The motion was seconded by Councilmember C 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. M4CMC /06 City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Vice -Mayor Councilmember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this 200_. ATTEST: Sally A. Maio, CMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Approved as to form and legality for reliance by the City of Sebastian only: City Attorney day of - = C zy �• Z ~ �3� t3 ( -! y Fw.�l,�l Itt T D Y 70 O y f� I F•� t r � v , 1 z YY - jar' _;i n H� o V H >� r r-I ID C a*tNDIA� [_-i .m 2 o 0 Permit Application No. MCY SEBAITIAN City of Sebastian HOME of PELICAN 1sLm Development Order Application -Applicant 1f not owner, written authorization notarized from owner is required) Name: H,enry Andrew Fischer Address: P.O. Box 780068, Sebastian, FL 7 Phone Number: ( 772) 589-3-159 FAX Number: (772 ) 589-7731 E -Mail: N/A Owner If different from applicant) Name: Address: P.O. Box 780068 SebastianFL 32978 Phone Number: (772 ) 589-3159 FAX Number. ( 772) 589-7731 E -Mail: N/A 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): CROSS CREEK, a subdivision B. Site Information Address: See attached Warranty Deeds Lot: Block: Unit: Subdivision: Indian River County Parcel #: Fischer Property 30-31-39-00000-3000-0000.2/0 Zoning Classification: Indian River County A-1 uture Land Use: Indian River County - R Existing Use: Vacant Proposed Use: Residential Subdivision C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Annexation of the property into the City and residential development under the Future Land Use Map classification of LDR with RS -10 zoning. DATE RECEIVED: 7 /Z`f/ o3 FEE PAID: $ 1, 5RECEIVED BY: �— 64L -ti- Z192e Permit Application No. D. Project Personnel: Agent: Name: Warren W. ill Address pill & Evans, P.L. 1515 U.S. Highway 1 Suite 201 Sebastian, FL 32958 Phone Number: ( 772) 589-1212 FAX Number: ( 772) 589 -5212 E -Mail: Attorney: Name: Same as Agent. Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Mosby & Associates INc. (for subdivision) Ad -tress 2455 - 14th Avenue, Vero Beach FL 32960 Phone Number: ( 772) 569- 0035 FAX Number: ( 772) 778-3617 E -Mail: Surveyor: Name: James A. Fowler Address 929 - 7th Avenue - P.O. Box 1677 Vero Beach, FL 32961 Phone Number:( 772) 562-4744 FAX Number: ( 772 ) 562-0963 E -Mail: N/A I, Warren W- Dill , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO BEST OF KNOWLEDGE AND BELIEF. 17_1 � IGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Warren W. Dill WHO IS PERSONAI f Y KnlnwN TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF Jul , 2003 I NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: Diana C Hill MY COMMISSION * DD043145 EXPIRES o= September 7, 2005 •vel •.. .. P: •;e tion, BONDED THRU TROY FAIN INSURANCE, INC 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. I/WE, _ THE OWNER(S) / `{ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P & Z and City Council BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE (/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 BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGE T, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Sh6NXTURE DATE Swom to and subscribed before me by Warren W. Dill who is personally known to me or produced_ as identi kation, this day of July 200,�-. c � ` Notary's Signature( Printed Name of Notary Commission No./Expiration Seal: Diana C: Hill MY COMMISSION # DN43145 c^!, FIRE$ September 7, 2005 BONDED THRU TROY FAIN INSURANCE WC Permit Application No. Supplemental Information 5E0 - HOME OF Zcm ISw,o Comprehensive Plan Amendment (Land Use) 4TTACH ADDITIONAL PAGES IF NECESSARY. _ 1. Current land use map designation: Indian River County R - Residentia _ 2. Proposed land use map designation: Sebastian Low Density Residential (LDR) _ 3. Size of project in acres: Fischer 79.8 acres/Trust 35.4 acres 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. This application is consistent with the City's annexati=-- policy and Comprehensive Plan and will not have any adverse _ 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Yes 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Permit Application No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? The City has an annexation policy within the geographic area adjacent to the City which includes this property. 8. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? The proposed Amendment is compatible with the Citv's land uses surrounding this property on three sides. 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? All public facilities are adequate. The road to the development will be paved to its entrance. _ 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. No. The prior use of the property was a citrus grove. Permit Application No. _ 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. There will not be any adverse effec from this development. This development will enhance the value of the property and thus increase the tax revenue of _ 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes. The development is contiguous with the (';t4 limits on three sides and will result in a logical P=an -,inn of the City. 13. Attached the following: _ a. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. _ b. Attach 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 for which the land use amendment is being requested. City. 1 2. 3. 4. 5. 0 7 = or SEBASTIM HOME OF v?ELICM &AND Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: Cross Creek Subdivision Requested Action: Land Use Change from R (County — 1 unit/acre) to LDR Project Location a. Address: Powerline Road South of Barber/north of CR 510. b. Legal: See survey G. Indian River County Parcel Number: 31-39-30-00000-3005-00002.0 31-39-30-00000-5000-00001.0 Project Owner: Henry A Fischer P.O. Box 780068 Sebastian, Florida 32978 (772) 589-3159 fax: (772) 589-7731 Project Agent: Warren W. Dill Dill & Evans, P.L. 1515 U.S. Highway 1, Suite 201 Sebastian, Florida 32958 (772) 589-1212 fax: (772) 589-5212 Project Engineer: Mosby & Associates, Inc. 245514 th Avenue Vero Beach, Florida 32960 (772) 569-0035 fax: (772)-778-3617 Project Surveyor: James A. Fowler 929 7h Avenue P.O. Box 1677 Vero Beach, Florida 32960 (772) 562-4744 fax: (772) 562-0963 8. Project Description a. Narrative of proposed action: Mr. Henry A. Fischer is requesting a large scale land use map amendment for an 115+/- acre tract of land situated along 1 I Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The current land use designation for this parcel of land is R (Residential 1 unit/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS -10 (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. Cross Creek is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.30 units/acre, well below the 5 units/acre permitted within the LD category. The proposed project also includes improving Powerline Road from Barber Street south approximately 1125 feet to the southernmost subdivision access point. In addition S e e o e protect wit - a ng - - , as hakespeare is currently a substandard single lane roadway. b. Current Zoning: A-1 (County - Agriculture) C. Adjacent Properties Zoning North: RS -10 East: RS -10 South: A-1 West: RS -10 d. Site Characteristics (1) (2) (3) (4) (5) (6) (7) (8) (9) Current Land Use Single Family/Vacant Single Family/Vacant Vacant Residential/Vacant Total Acreage: Current Land Use(s): Soil: Vegetation: Flood Hazard: 115 acres Sand Mine Future Land Use LD LD R (County) LD Oldsmar, Pepper Cleared, Palm, Oak Zone X Water Service: Indian River County Utilities (Water Main) Sanitary Sewer Service: Indian River County Utilities (Forcemain) Parks: Barber Street — 3/4 mile Police/Fire: Sebastian Police 4 miles County Fire — 3/4 miles 2 9. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent c: Public Facilities: Consistent d. Housing: Consistent e. Coastal Management: Consistent f. Recreation and Open Space: Consistent g. Conservation: Consistent h. Intergovernmental Coordination: Consistent 10. Conformance with Code of Ordinances: Consistent 11. Cl.angE.e,' CL)oditions: Site Ncs utilized fir a sand mining operation, .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 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. 13. Adequate Public Facilities: Provided — public utilities (water, wastewater) will be incorporated within the development of the proposed PUD, and the existing lake will double a stormwater detention basin. 14. Natural Environment: The proposed Subdivision will contain the requisite open space as required by land development regulations. 15. Economic Effect: provided — The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 115 +/- acres of land area with an additional 150 residential units, which in turn 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. 3 17. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave (although adjacent on three sides to City boundaries), it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for sand mining purposes. The City no longer permits sand mining operations, and the proposed change to a single-family residential is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds 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 properties lying 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: Mr. Henry A. Fischer is requesting a large scale land use map amendment for an 115+/- acre tract of land situated along Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The current land use designation for this parcel of land is R (Residential 1 unit/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS -10 (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. Cross Creek is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.30 units/acre, well below the 5 units/acre permitted within the LD category. The proposed project also includes improving Powerline Road from Barber Street south approximately 1125 feet to the southernmost subdivision access point. In addition, Shakespeare Street on the west side of the project will be expanded to a two- lane roadway within a 50' right-of-way, whereas Shakespeare is currently a substandard single lane roadway. 20. Conclusion: The requested land use change from R (County) to LDR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested land use change with the following condition: 1. The land use change shall be the ity Council. PA ED BY conditioned upon receipt of annexation approval by 4 1,��_103 DAT • Is PLANNING AN.D ZONING COMMISSION MINUTES OF REGULAR .MEETING OF SERT``41BER 18, 2003 Mr. Stringer then advised she comm;ss;on to make .. a motion for acether land use category because if it is annexed it must nave 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 categores. 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 TIE uie w. -s 5-2. Mu'ion cuirisu. MOTION by Mahoney/Blessing Mr. 'Faille yes Mr. Mahcney no Ms. Monier yes 1 make a motion that we [recommend to city council] rezone [A1 to PUD -RI with a minimum of 7,500 square foot lots with 7 '/2 ` side setbacks and 50' lot frontage" Roll Call; Mr. Faille yes Mr. Mahoney yes Nir. Blessing yes Ms. Nlonier yes The vote was 7-40. Motion carried. fir. Allocco yes Chinn Smith yes �,Sr. Seeley yes D. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE MAP AMENDMENTIREZONING — CROSS CREEK SUBDIVISION Mr. Warren Dill, 1565 U.S. -r1r11, Sebastian, Florida represented the applicants, Mr. Hank Fischer and Mr. Daniel Spencer. Also present is Mr. Bruce Meia 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 Poweriine 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 Poweriine Road and tiir. Hass said it is being negotiated. Mr. Allocco asked if the large cement PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003 poles would be a problem on Poweriine Road and Mr. Dill said the driving surface is to . the east of th4e poles and they would not present a problem fcr road construction. The commissioners agreed this was a well -presented project. The following people spoke: Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Flcrida very pleased with the proposal as long as they do not use Shakespeare as the main entrance to the site. Mickey Groepler, Sebastian, Florida asked where the lake came from and Mr. Dill said the lake was created as a result of the sand mine operation. Dot Weathers, 1781 Barber Street, Sebastian, Florida concerned about traffic on Powerline Road, Anna Roessler, 1745 Skyline Lane, Sebastian, Florida wanted to know if the buffer zone will be maintained. Zipolitto, Filbert Street, Sebastian, Florida said he received a letter requesting 35' of his property for the road work and wondered why it wasn't taken from the west side of the road instead. Mr. Stringer explained that Poweriine Road is a good way to get from the Highlands to 51J, which has been a safety issue at the Met Dpc;itan Planning. Organization. Kathy Woolsey, 8625 7Vh Avenue, concerned about traffic and development. Richard Scurlock, 1190 Barber Street, Sebastian, Florida in favor of no development and no growth. Mr. Dan Spencer, 90" Avenue, was a citrus grower for 20 years and if the economy could support his business to continue it would. Mr. Mahoney asked for a clarification of the staff notation, "rezoning shall be conditioned upon receipt of annexation approval by the city council." Mr. Stringer interjected that it doesn't take effect ect unless the city annexes it. MOTION by Blessing/Allocco "I make a motion [to recommend to city council] that the land use change from R County to LDR for the Cross Creek subdivision by accepted and approve the rezoning from Al to RS -10 for the Cross Creek subdivision." Roil Call: Mr. Faille yes Mr. Mahoney yes Mr. Blessing yes Ms. Monier yes The vote was 7-0. Both mations carried. I Mr. Allocco yes Chmn Smith yes Mr. Seeley (a) yes