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HomeMy WebLinkAbout2008 - Agenda Backup DocsAgenda Transmittals and Backup City Council Meeting 6-11-08 Shady Rest Mobile Home Park Annexation, Land Use Amendment, and Zoning Amendment CM or ]EBASTL HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: Continuation of First reading of Ordinance 0=08- 01; petition for Voluntary Annexation by Shady Rest Mobile Home Park Trust U/A, for a 17.14 acre parcel of land located at 13225 U.S. 1 Aorov��JJ r Submittal by: City Manager Agenda No. 0& Q ?- Department Department Origin: Growth Mana e n1 Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: June 4, 2008 For Agenda of. June 11, 2008 Exhibits: Revised Annexation Agreement dated 5-13-08; Atty. Dill letter dated 6-4-08; Color coded lot map; Petition; Packet from 4/23/08 City Council meeting (under separate cover) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None I None I None SUMMARY The owners of Shady Rest Mobile Home Park have submitted a request for annexation of 17.14 acres of land located at 13225 U.S. 1. The subject property consists of two parcels, 30-38-21-00001-0000-00017.0 and 30-38-21-00001-0000-00020.0 is located on the west side of U.S. 1 between the St. Sebastian Catholic Church property and Home Depot. The owners also submitted applications for a land use designation of Riverfront Mixed Use (RMU) and a zoning designation of Commercial Riverfront (CR). At this time, the Indian River County land use designation is MHRP/M-1 (Mobile Home Rental Park, 8 units per acre) and the Indian River County zoning designation is RMH-8 (Residential Mobile Homes, 8 units per acre). If annexed, the property will be subject to the Riverfront Overlay District regulations. The property would not, however, be a part of the Community Redevelopment District, unless the district boundaries are amended. This is a continuation of the first reading of Ordinance 0-08-01 from the April 23, 2008 City Council meeting. In the agenda packet for that meeting, the annexation agreement presented for consideration stated that the owner would continue to operate Shady Rest as a mobile home park for an additional five (5) years, but if the rented spaces fell below 50% (59 spaces vacant), the five-year guarantee would be null and void. At the meeting, Mr. Howland offered to amend the annexation agreement by removing the vacancy clause, thus ensuring continuation of the mobile home park for five years. D As stated in the April 23, 2008, Sebastian City Council minutes, "MOTION by Mr. Paternoster, SECOND by Ms. Simchick to postpone this issue (the annexation) until such time residents had opportunity to seek advice of counsel, ensure the fact that they completely understand everything that is going and if they are then satisfied, we can go forward" The revised annexation agreement is attached. Following the April 23, 2008 City Council meeting, the revised agreement dated May 13, 2008 was provided to each resident along with a petition in support of the annexation. Attorney Warren Dill summarized the results in his letter dated June 4, 2008 (attached), which shows 86% of the residents in support of the annexation and agreement. RECOMMENDED ACTION "Move to pass Ordinance No. 0-08-01 on first reading. Second reading and public hearing to be scheduled following review of the proposed land use amendment by the Department of Community Affairs." 58 2 an or SIEBASPAN HOW Or PEUC AN ISLAND City of Sebastian, Florida Subject: Continuation of First Reading and Public Hearing of Ordinance 0-08-02, Land Use Amendment for a 17.14 acres of land Agenda No. © E. Q 5 Z known as Shady Rest Mobile Home Park for Submittal by: City Manager Department Origin: Growth Managemer� Purchasing/Contracting: Finance Director: City Attorney: J City Clerk: Al�linf>,er Date Submitted: June 4, 2008 For Agenda of: June 11, 2008 Exhibits: Packet from 4/23/08 City Council meeting (under separate cover) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None I None SUMMARY If annexation of the subject property is approved, the 17.14 -acre parcel must be given a City land use and zoning designation. The applicant has requested Riverfront Mixed Use (RMU) for the land use and Commercial Riverfront (CR) for the zoning. The attached staff report provides analysis of the land use and zoning requests with regard to the City of Sebastian Comprehensive Plan and Land Development Code. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property at their January 17, 2008 meeting. A large scale land use amendment (over 10 acres) must be reviewed by the Department of Community Affairs. Staff recommends the City Council approve the land use request on first reading and authorize transmittal of the Ordinance to the Department of Community Affairs for their review. RECOMMENDED ACTION "Move to pass Ordinance No. 0-08-02 on first reading and authorize transmittal to the Department of Community Affairs for comments." CUT Of SIE$AST_" HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: Continuation of First reading of Ordinance 0-08-03, Zoning Amendment for 17.14 acres of land known as Shady Rest Agenda No. 0 E, Mobile Home Park Department Origin: Growth Manage Purchasing/Contracting: Finance Director: for Submittal by: City Manager City Attorney: City Clerk:�Y� A�A er Date Submitted: June 4, 2008 For Agenda of: June 11, 2008 Exhibits: Packet from 4/23/08 City Council meeting (under separate cover) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None I None I None SUMMARY If annexation of the subject property is approved, the 17.14 -acre parcel must be given a City land use and zoning designation. The applicant has requested Riverfront Mixed Use (RMU) for the land use and Commercial Riverfront (CR) for the zoning. The attached staff report provides analysis of the land use and zoning requests with regard to the City of Sebastian Comprehensive Plan and Land Development Code. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property at their January 17, 2008 meeting. Staff recommends the City Council approve the zoning request on first reading. The second reading and public hearing will be scheduled following review of the large scale land use amendment by the Department of Community Affairs. RECOMMENDED ACTION "Move to pass Ordinance No. 0-08-03 on first reading. Second reading and public hearing to be scheduled following review of the proposed land use amendment (Ordinance 0-08-02) by the Department of Community Affairs." WARREN W. DILL Also admitted in Wyoming Nebraska June 4, 2008 DILL & EVANS, P.L. ATTORNEYS AT LAW 1565 US Highway 1 Sebastian, Florida 32958 Rebecca Grohall, AICP Growth Management Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Shady Rest JoHN G. EvANs Also Admitted in California MICHELLE D. NAPIER Hand Delivered this date Following the April 23, 2008 City Council meeting, the Annexation Agreement was revised to provide for an occupancy period of at least five (5) years and other changes requested by the City. The revised Annexation Agreement dated May 13, 2008 was provided to each mobile home owner along with a Petition in Support of the Annexation. I have enclosed Petitions signed by 83 residents representing 59 lots in support of the Annexation. There were seven (7) mobile home owners that did not responded. I am advised that there are three (3) mobile home owners in opposition to the annexation. I have also enclosed five (5) color coded copies of the Shady Rest Street Numbering (Lot locations) plan. A summary of the responses based upon lot numbers is as follows: 59 Lots (83 residents -86%) in favor of annexation 7 Lots (10 residents -10%) did not respond 3 Lots (3 residents -4%) against annexation 48 Lots vacant 117 Total Lots As you can see, the support for annexation is overwhelming. - I trust the City will find this information helpful in reviewing the annexation of this property. Very Tly yours, Warren W. Dill WWD/ic Enc. cc: Mr. Edward R. Howland Mr. Jim Williams Tel: (772) 589-1212 0 Fax- (772)SRQ-S1 1 1)