Loading...
HomeMy WebLinkAbout2008 - Council Backup DocsQ!Y OF �,EIMAST HOME OF PELICAN ISLAND Shady Rest Mobile Home Park Annexation, Land Use Amendment, and Zoning Amendment Transmittals and backup presented to Council at their April 23, 2008 meeting. My Of SEBASTAN HOME OF PELICM ISLAND CitV of Sebastian, Florida Subject: First reading of Ordinance 0-08- 01; petition for Voluntary Annexation by Shady Rest Mobile Home Park Trust U/A, Agenda No. for a 17.14 acre parcel of land located at 13225 U.S. 1 Department Origin: Growth Mana eg ment Purchasing/Contracting: Finance Director: City Attorney: Adr*ld for Submittal by: City Manager City Clerk: _ Date Submitted: April 16, 2008 A]ffiier For Agenda of: April 23, 2008 Exhibits: Ordinance No. 0-08-01, Letter of request EXPENDITURE REQUIRED: I 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. 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." • • ORDINANCE NO. 0-08-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.14 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Shady Rest Mobile Home Park, the owner of the parcel of property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: SEE ATTACHED SCHEDULE A As shown in the map attached as Exhibit "A", containing 17.14 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of 0 J • Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. herewith are hereby repealed. All ordinances or parts of ordinances in conflict Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. Following its adoption this Ordinance shall become effective upon recordation of a developer's agreement as per the attached Exhibit "B", so long as such recordation occurs with 45 days of passage hereof. 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 Andrea Coy Vice -Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this day of 200_. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC City Clerk DO Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian: 0 Rich Stringer, City Attorney LEGAL DESCRIPTION PARCEL 1 ALL THAT PART OF LOTS 17, 18 AND 19 OF WAUREGAN SUBDIVISION, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 1, ACCORDING TO PLAT OF WAUREGAN FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 75; AND REFILED IN PLAT BOOK 1, PAGES 178 AND 179, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: THAT PART OF LOT 20 OF WAUREGAN SUBDIVISION LYING EASTERLY OF WAUREGAN AVENUE AND WESTERLY OF U.S. HIGHWAY i AS FOLLOWS: BEGIN AT THE POINT OF BEGINNING FORMED BY THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVENUE IN WAUREGAN SUBDIVISION, SECTION 30 OF FLEMING GRANT, AT A CONCRETE MONUMENT MARKING THE BOUNDARY BETWEEN LOTS 20 AND 21; THENCE • RUN NORTHWESTERLY ALONG THE EASTERLY RIGHT-OF-WAY OF WAUREGAN AVENUE A DISTANCE OF 315.19' TO THE NORTHERLY UNE OF SAID LOT 20; THENCE RUN NORTHEASTERLY ON THE BOUNDARY LINE BETWEEN LOTS 19 AND 20 A DISTANCE OF 200' TO A CONCRETE MONUMENT, THENCE RUN SOUTHEASTERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON THE SOUTHERLY LOT LINE OF LOT 20, WHICH IS 200' EASTERLY OF THE POINT OF BEGINNING; THENCE RUN SOUTHWESTERLY ON THE BOUNDARY LINE BETWEEN LOTS 20 AND 21 A DISTANCE OF 200' TO THE POINT OF BEGINNING. • ALL IN WAUREGAN, FLEMING GRANT, ACCORDING TO PLAT FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA. IN PLAT BOOK 1, PAGE 75; AND REFILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 1, PAGES 178 AND 179, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. EXHIBIT "A" WARREN W. DILL Also admitted in •Wyoming Nebraska October 25, 2005 DILL & EVANS, P.L. ATTORNEYS AT LAW 1565 US Highway 1 Sebastian, Florida 32958 Rebecca Grohall, Growth Management Director City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Voluntary Annexation Dear Rebecca: JOHN G. EvANs Also Admitted in California MICHELLE D. NAPIER • Please consider this letter as a request for voluntary annexation into the City of Sebastian of the following -described property known as Shady Rest Mobile Home Park. • The property described in Exhibit "A" attached hereto is owned by Edward R. Howland and Carole Wagner as Co -Trustees of the Shady Rest Mobile Home Park Trust U/A dated December 24, 1985, whose address is 13255 US Highway 1, Sebastian, Florida 32958. This property lies next to the boundaries of the City, as enlarged by the annexation of property on the East side of US 1, such that a substantial part of the boundary of the property is contiguous with the boundary of the City Limits. This annexation will result in a reasonable compact addition to the City. This property is generally located immediately North of the St. Sebastian Catholic Church and South of Home Depot on US 1. The future use of the property is for commercial purposes. Simultaneously with the submittal of this annexation request, Development Order Applications are being filed for a Comprehensive Plan Land Use Map Amendment to classify the property as CG — Commercial General or RMU — Riverfront Commercial and to rezone the property to CG — Commercial General or CR Commercial Riverfront. Tel: (772) 589-1212 • Fax: (772) 589-5212 . Rebecca Grohall, Growth Management Director City of Sebastian October 25, 2007 Page 2 As part of this request for annexation, I have enclosed the Deed confirming ownership of the property, Indian River County Zoning Map, Property Appraiser's Tax Map and two surveys of the property. Thanking you in advance for your assistance, I remain Very truly yours, WARREN W. DILL WWD/pjs Enc. cc: Mr. Edward R. Howland • 0 • • LEGAL DESCRIPTION PARCEL 1 ALL THAT PART OF LOTS 17, 18 AND 19 OF WAUREGAN SUBDIVISION, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 1, ACCORDING TO PLAT OF WAUREGAN FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 75; AND REFILED IN PLAT BOOK 1, PAGES 178 AND 179, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: THAT PART OF LOT 20 OF WAUREGAN SUBDIVISION LUNG EASTERLY OF WAUREGAN AVENUE AND WESTERLY OF U.S. HIGHWAY I AS FOLLOWS: BEGIN AT THE POINT OF BEGINNING FORMED BY THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVENUE IN WAUREGAN SUBDIVISION, SECTION 30 OF FLEMING GRANT, AT A CONCRETE MONUMENT MARKING THE BOUNDARY BETWEEN LOTS 20 AND 21; THENCE RUN NORTHWESTERLY ALONG THE EASTERLY RIGHT-OF-WAY OF WAUREGAN AVENUE A DISTANCE OF 315.19' TO THE NORTHERLY LINE OF SAID LOT 20; THENCE RUN NORTHEASTERLY ON THE BOUNDARY LINE BETWEEN LOTS 19 AND 20 A DISTANCE OF 200' TO A CONCRETE MONUMENT, THENCE RUN SOUTHEASTERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON THE SOUTHERLY LOT LINE OF LOT 20, WHICH IS 200' EASTERLY OF THE POINT OF BEGINNING, THENCE RUN SOUTHWESTERLY ON THE BOUNDARY LINE BETWEEN LOTS 20 AND 21 A DISTANCE OF 200' TO THE POINT OF BEGINNING. ALL IN WAUREGAN, FLEMING GRANT, ACCORDING TO PLAT FILED IN THE OFFICE OF THE CLERK OF 7HE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA. IN PLAT BOOK 1, PAGE 75; AND REFILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 1, PAGES 178 AND 179; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. EXHIBIT "A" • • 0 MY OF SE$AST_AN HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: First Reading and Public Hearing of Ordinance 0-08-02, Land Use Amendment for a 17.14 acres of land known as Shady Rest Agenda No. Mobile Home Park Submittal by: City Manager Exhibits: Ordinance No. 0-08-02, Application Department Origin: Gro` Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: April 16, 2008 For Agenda of. April 23, 2008 EXPENDITURE REQUIRED:I NoneOUNT BUDGETED: I APPROPRIATION REQUIRED: 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." • ORDINANCE NO. 0-08-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MHRP/M-1) FOR LAND CONSISTING OF 17.14 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; 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 Shady Rest Mobile Home Park, for an amendment to designate an initial land use for certain property considered for annexation from its existing County land use designation as Mobile Home Rental Park, 8 Units Per Acre (MHRP/M-1) to a City designation of Riverfront Mixed Use (RMU); 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, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as Riverfront Mixed Use (RMU) 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. 0 • • PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this day of , 2008, by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice -Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff ATTEST: Sally A. Maio, CMC City Clerk ADOPTION The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: Mayor Andrea Coy Vice -Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff . The and, upon being put to a vote, The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 200_. • ATTEST: Sally A. Maio, CMC City Clerk .7 CITY OF SEBASTIAN, FLORIDA Mayor Approved as to form and legality for reliance by the City of Sebastian only: City Attorney • LEGAL DESCRIPTION PARCEL 1: ALL THAT PART OF LOTS 17, 18 AND 19 OF WAUREGAN SUBDIVISION, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 1, ACCORDING TO PLAT OF WAUREGAN FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 75; AND REFILED IN PLAT BOOK 1, PAGES 178 AND 179, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: THAT PART OF LOT 20 OF WAUREGAN SUBDIVISION LYING EASTERLY OF WAUREGAN AVENUE AND WESTERLY OF U.S. HIGHWAY I AS FOLLOWS: BEGIN AT THE POINT OF BEGINNING FORMED BY THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVENUE IN WAUREGAN SUBDIVISION, SECTION 30 OF FLEMING GRANT, AT A CONCRETE MONUMENT MARKING THE BOUNDARY BETWEEN LOTS 20 AND 21; THENCE • RUN NORTHWESTERLY ALONG THE EASTERLY RIGHT-OF-WAY OF WAUREGAN AVENUE A DISTANCE OF 315.19' TO THE NORTHERLY LINE OF SAID LOT 20; THENCE RUN NORTHEASTERLY ON THE BOUNDARY LINE BETWEEN LOTS 19 AND 20 A DISTANCE OF 200' TO A CONCRETE MONUMENT, THENCE RUN SOUTHEASTERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON THE SOUTHERLY LOT LINE OF LOT 20, WHICH IS 200' EASTERLY OF THE POINT OF BEGINNING, THENCE RUN SOUTHWESTERLY ON THE BOUNDARY LINE BETWEEN LOTS 20 AND 21 A DISTANCE OF 200' TO THE POINT OF BEGINNING. • ALL IN WAUREGAN, FLEMING GRANT, ACCORDING TO PLAT FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA. IN PLAT BOOK 1, PAGE 75; AND REFILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 1, PAGES 178 AND 179, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. EXHIBIT "A" Permit Application No. • 5., City of Sebastian HOME OF PELICAN ISLAND Development Order Annlir-atinn is Alicant If not owner, written authorization notarized from owner is required) Name: Edward R. Howland and Carole Wagner, as Co -Trustees of the Address: 13225 U. S..Hwy One Sebastian FL 32958 Phone Number: (772 ) 589 - 5646 FAX Number: ( ) - N/A E -Mail: N/A Owner If different from applicant) Name: Same as Above Address: Phone Number: ( ) - 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): N%A B. Site Information Address: See attached Warranty Deed Lot: Block: Unit: Subdivision: Indian River County Parcel #: 21 -30 -'IR -00001-0000-00017.0 and 20.0 Zoning Classification: Future Land Use: Indian River County MHRP _ Existing Use: Proposed Use: Mobile Home Rental Park General C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): r7o rol nr�rPon} iir�r7ar ho FILUM classification of CG with CG zonincx., DATE RECEIVED: LILs/ 07 FEE PAID: $ ZUdO• 00 • ph.D _W 75C,III RECEIVED BY:� • is r� u Permit Application No. D. Project Personnel: Z FUG A ' ofa i ....... ................ Agent: Name: Warren W. Dill Address Phone Number: (772) 589-1212 FAX Number: (772) 589- 5212 E -Mail: s delaw1@bellsouth.net Attorney: Name: same as agent Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Surveyor: Name: Masteller, Moler, Reed & Ta 1 Ing - Address Phone Number: (772 )564-8050 FAX Number: (772 )794 _0647 E -Mail: N/A 1, 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 THE BEST OF MY KNOWLEDGE AND BELIEF. 1111« /D 5=L-2% SIGNATURE "tkw DATE SWORN TO AND SUBSCRIBED BEFORE ME BY w . '� 1 L1J . O IS PERSO OWN TO�DAY R PRODUCED AS IDENTIFICATION, THISp OF 20. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION t I l SEAL. P�EGGY J. SALTER Z FUG A ' ofa i ....... ................ Comm# DD0691642 Expires 11/11/2008 Florlds Notary Assn., Inc ............. .w .....: 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) / _y 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 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 BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by WQPgZAt w Is person wn tom r Droduced as Identification, this,.-Jnff�,day OtUabo 20jQd�. Notary's Signature Printed Name of Notary IV Commission No./Expiration • Seal: PEGGY J. SALTER Comm# DD0691642 =� c Expires 11/11/2008 e ' ; V Florida Notary Assn., Inc A ............................................. 0 Permit Application No. •ana I Supplemental Information HOME OFPEUCANISEAND Comprehensive Plan Amendment (Land Use) • ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: Indiaft River County MHRp�_1 Mobile Home Rental Park 2. Proposed land use map designation: Sebastian CG Commercial General or Commercial Riverfront (CR) _ 3. Size of project in acres: 15.7 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 annexation policy and Comprehensive Plan and will 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)? Yes, except the current mobile home rental park will be a nonconforming use upon annexation into the City. 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 annexed adjacent land on E 10. Would the proposed amendment result in a significant adverse impact on the _ natural environment? If so, describe the impact. No, this property is already developed. 0 • • 0 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 effects from this development. This development will en- hance the value of the property and thus increase the tax revenue of the City. 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes, the development is contiguous with the City limits on two sides and will result in a logical and orderly expansion 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. • gs 6 . ca IBCD (-.oe Retum to Professional Title of I. R. 1546 N U.S. a1 Sebastian. Fl. 32958 This instrument prepared by: DDCUMEMARYSTAMPS Property Appraisers Parcel Identification DEED= ItiL� . Lam. 21-30-38-00001-0000-00020.0 NOTE i 21-30-38.00001-0000-00017.0 JEFFREY K BAR104. �I FRK INDIAN RI ER Cf-.1tY 4r IN THE JEFFREY K CLEFIK VdXMCt G0- FLA tWW GRANT DEED IV Tms GRAN] DH 1) made the [ �' 3 J day of lulyyNy mlof C. Palmer, as'1"rtustec of Shady Rest \1111' Trust. hereinafter called the grantor. to Edward R. [lowland and Carole Wagner. as Co -Trustees of the Shady Rest \tl IP "frust U/A dated December 24, 1985 whose post office address is 13225 U.S. I I%vy 1. Sebastian, FI. 12958• hereinafter called the grantee: 6%hereirrand herein the terns ..grantor.. and Grantee'tttrhide all theparnes t tot �tn�menr «n,l rhe hrta, h;pa/npn <<nrarne. and assigns ojtndirtduals, and the currl•ssor.% and ocstr;ns .,J r'nrporatnmsl Wu Nu %st u: That the grantor, for and in consideration of the sum o . ).00 and other valuable consideration, receipt whereof is hereby acknowledged. hereby grants, bargains, sells, rcrmses, releases. conveys and confirms unit) the grantee all of his right title and interest in or to that certainate in Indian Ricer County, State of Florida, %w; As set forth in Exhibit "A" Ttxilaltl.k, with all of the tenements, hereditamen&ppurtenances thereto belonging or in an}++use appertainingSubject to all valid restrictions, encumbrances, sc aticins, easements and all other matters of public record Grantor warrants that the above describil, property is not homestead and grantors resilience is other than that being conveyed. IN ++'nhtsti 1+'IILkI.oF, the said Brat assigned and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Kathy Lyles D&-%ttd Mercer inred signature Michael C. I'Anicr. instec, Shady Rest \IIIP frust 1 1001 Wilshtte Blvd- 23'"1 Flour Los Angeles, CA 90025 O A7 4? v a� CD C4 c • • I hereby Certify that on this day, before me, an off' er duly authorized in the State aforesaid and in the County a oresaid to take acknowledgement, personally appears Michael C.P r to me known to be the person described in and who executed t foregoing instrument and acknowledged before me that he execsame. Witness my hand and offic�l d the 'al peal in the County d State last aforesaid this P/ day of A.D. �n3 —i) MVT19 [ seal ] NotaryJUSignat re Printed to y Signature 1�`itir �rtEs ctmmssim 0 1277170 Notc vy Pub4C - coplanar to Angdes county .rrffWrrn.l=h%SOPi L=I M 4) Q W • Exhibit "A" Description PARCEL 1: All that part of Lots 17, 18 and 19, of WAUREGAN SUBDIVISION, lying Wesof the West right of way line of U.S. Highway 1, according to the plat of Wauregan filed in the office of the clerk of the circuit court of Brevard County, Florida, in Plat Book 1, Page 75; and refiled in Plat Book 1, Page 178 and 179, public Records of St. Lucie County, Florida; said land lying and being in Indian River County, Florida. Less and except road rights of way. PARCEL 2: That part of Lot 20, of WAUREGAN SUBDIVISION lying Ea s rly of Wat►regan Avenue and Westerly of U.S. Highway 1 as follows: Begin at the point of beginning formed by the interse o of the Easterly right of way line of Wauregan Avenue in Wauregan Subdivision, Sectio f Fleming Grant, at a concrete monument marking the boundary between lots 20 and 21; t run Northwesterly along the Easterly right of way of Wauregan Avenue a distance of 315.1 to the Northerly line of said Lot 20; thence run Northeasterly on the boundary line beRenLots ots 19 and 20 a distance of 200 feet to a concrete monument; thence Southeasterinee of 315.19 feet to a concrete monument on the Southerly lot line of Lot 20, which is 2Easterly of the point of beginning; thence run Southwesterly on the boundary line bet 20 and 21 a distance of 200 feet to tite point of beginning. All in Wauregan, Fleming Grant, acc ng to the according to the plat filed in the office of the clerk of the circuit court of Brevard Cou , Florida, in Plat Book 1, Pale 75; and refiled in Plat Book 1, Page 178 and 179, public Record of St. Lucie County, Florida; said Find lying and being in Indian River County, Florida. Less and except road rights of way. arc OF SEBASTIM NOME OF PELICAN ISLAND City of Sebastian, Florida Subject: First reading of Ordinance 0-08- 03, Zoning Amendment for 17.14 acres of land known as Shady Rest Mobile Home Agenda No. Park Department Origin: Growth Mana em Purchasing/Contracting: Finance Director: Ap rove r Submittal by: City Manager City Attorney: City Clerk: n Date Submitted: April 16, 2008 For Agenda of: April 23, 2008 Exhibits: Ordinance No. 0-08-03, Application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None 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." 0 • ORDINANCE NO. 0-08-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (OH -8) FOR LAND CONSISTING OF 17.14 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Shady Rest Mobile Home Park, has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial • resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A ". Section 2. 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 0-08-03. 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 Andrea Coy Vice -Mayor Sal Neglia • Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this , 200 ATTEST: C, Sally A. Maio, CMC City Clerk 0 CITY OF SEBASTIAN, FLORIDA Mayor Approved as to form and legality for reliance by the City of Sebastian only: City Attorney day of • LEGAL DESCRIP11ON PARCEL 1: ALL THAT PART OF LOTS 17, 18 AND 19 OF WAUREGAN SUBDIVISION, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 1, ACCORDING TO PLAT OF WAUREGAN FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 75; AND REFILED IN PLAT BOOK 1, PAGES 178 AND 179, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND LUNG AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: THAT PART OF LOT 20 OF WAUREGAN SUBDIVISION LYING EASTERLY OF WAUREGAN AVENUE AND WESTERLY OF U.S. HIGHWAY 1 AS FOLLOWS: BEGIN AT THE POINT OF BEGINNING FORMED BY THE INTERSEC77ON OF THE EASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVENUE IN WAUREGAN SUBDIVISION, SECTION 30 OF FLEMING GRANT, AT A CONCRETE MONUMENT MARKING THE BOUNDARY BETWEEN LOTS 20 AND 21; THENCE • RUN NORTHWESTERLY ALONG THE EASTERLY RIGHT-OF-WAY OF WAUREGAN AVENUE A DISTANCE OF 315.19' TO THE NORTHERLY LINE OF SAID LOT 20; THENCE RUN NORTHEASTERLY ON THE BOUNDARY LINE BETWEEN LOTS 19 AND 20 A DISTANCE OF 200' TO A CONCRETE MONUMENT, THENCE RUN SOUTHEASTERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON THE SOUTHERLY LOT LINE OF LOT 20, WHICH IS 200' EASTERLY OF THE POINT OF BEGINNING, THENCE RUN SOUTHWESTERLY ON THE BOUNDARY LINE BETWEEN LOTS 20 AND 21 A DISTANCE OF 200' TO THE POINT OF BEGINNING. • ALL IN WAUREGAN, FLEMING GRANT, ACCORDING TO PLAT FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA. 1N PLAT BOOK 1, PAGE 75; AND REFILED 1N THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 1, PAGES 178 AND 179, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. EXHIBIT "A" • 0 Permit Application No. am SE TwN Cityof �S►e�bastianJ /� i HOME OF PELICAN ISLAND DeVII'101rJltlleltlt Olyd P_P AhC1IiCA1i�i rl ..Applicant If not owner, written authorization notarized from owner is required) Name: Edward.R. Howland and Carole Wagner, as Co -Trustees of the sharly Rest Mobile Home Park T-riiqi- 111A rjai-prl Dt-r_t-mh,-r 24, 1989 Address: 13225 U. S. Hwy One, Sebastian, FL 32958 Phone Number: (772 ) 589 -5646 FAX Number: ( ) - N/A E -Mail: N/A Owner If different from applicant) Name: Same as Above Address: Phone Number: ( ) - FAX Number: E -Mail: Title of permit or action requested: rezoning 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): N/A B. Site Information Address: See attached Warranty Deed Lot: Block: Unit: Subdivision: Indian River County Parcel #: 21-30-38-000011-0000-00017.0 n 0 Zoning Classification: Future Land Use: Tndian River County RMH-8 Indian River County MHRP Existing Use: Proposed Use: Mobile Home Rental Park Commercial C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): development under the FLUM classification of CG with CG zoning. r DATE RECEIVED: IU /25/07 FEE PAID: $ 250. op Qg %D RECEIVED BY: • Permit Application No. D. Project Personnel: Agent: Name: Warren W. Dill Address Phone Number: (772) 58'9-1212 FAX Number: (772) 589- 5 21 2 E -Mail: s delaw1@bellsouth.net Attorney: Name: same as agent Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Surveyor: Name: Masteller, Moler, Reed & Taylor,Inc. Address Phone Number: (772 )564-8050 FAX Number: (772 )794 70647 E -Mail: N/A I, Warren W. Dill , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X 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 THE BEST OF MY KNOWLEDGE AND BELIEF. GNATURE . DATE SWORN IQ ANDSI BSCRIBED BEFORE ME BY t,Q �/g OZ%1� �`-� t S_.L WHO IS PERSONALLY KNOWN TO M R P DUCE AS IDENTIFICATION, THIS AY OF 20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION • SEAL: r.unuun........ ....u..... ....ung PEGGY J. SALTER �urgpi Comm# DQ0691642 Expires 11/11/2008 xP . 'y„A`�r Florida Notary Assn., Inc. C lCn:...:.... "out .... 1........................: 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) / x_ 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 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 BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by _ W A "S t_1 U) who is personal c t m or produced as i en I Ication, thi ay of 20 Notary's Signature Printed Name of Notary Commission No./Expiration. I Seal: Permit Application No. • MOF Supplemental Information Rezoning Request ' ATTACH ADDITIONAL PAGES IF NECESSARY. HOME OF PELICAN ISLAND 1. Proposed zoning: Commercial Riverfront District (CR) or Commercial General District (CG) _ 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan See attached sheet 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. Tela Hi -x P1 npmPnt will comply with a 1 1 T and D vpl npmA_n_t Regulations, including the Site Plan regulations of t 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment?.. the East- side of 11,19 Highway 1- The US Mighway 1 corriclor 5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City. The development will be for commercial uses which will be compatible with surrounding1land_-uses and proposed future use of the area 6. Are there adequate public facilities to serve the proposed land use? yes. • • • Permit Application No. 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. This property is already developed. 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. There will nnt- ha any 'FF -c -s from this development. This development will enhance the value of the property and thus increase the tax revenue for _ 9. Describe how the proposed rezoning will result in an orderly development pattern. The development is continuous with the it -y limits on two sides and will result in a logical and compact expansion of the cit 10. Attach the following: — 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. _ b. 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. . 2. The existing roadway network will not be significantly adversely impacted from the new trips generated by the proposed development. County utilities are available to service the development. The level of service standard for stormwater is the same for all developments, therefore, there is no greater impact anticipated from the proposed rezoning. The recreation facilities will not be adversely impacted by this development. Solid waste is handled by the County and this development will not significantly adversely impact the facilities. The development of this property will provide new commercial opportunities for the City. This property is contiguous with the City Limits and will result in compact growth that will have a strong and positive economic impact on the City This property was long ago developed as a mobile home rental park and there will be no adverse impacts on the environment. Therefore, the proposed commercial development of this property is consistent with the Comprehensive Plan. • • • 15,cc- I8C(c.. oc Return to Professional Title of 1. R. 1546 N U.S. NI Sebastian, Fl- 32958 IfNTW Ibis instrument prepared by: DDCUMEKIARYSTAMPS JEFFRPC Property Appraisers Parcel Identification CIEmRT �- DEED = 1 ti L (c . t `L. �pyWp, FUA. 21-30-38-00001-0000-00020.0 NOTE _ 21-30-38 00/001-0000-00017.0 JEFFREY K BART04, rl rrtK Cil P-- 3ai (750 INCIAN Ri ER C(,,1iY _.. W GRANT DF.F.D nig Tin; Git511 DI -t t) made the [ fir' t j day of Jul)yVy Jlichacl C. Palmer, as Tmsice of Shady Rest \1111' Trust, hereinafter called the grantor, to Edward R. I lowland and Carole Wagner, as (-o-Trustees of the Shady Rcst V 11111rust L1/A dated December 24, 1985 whose post office address is 13225 U.S. I hsi• 1, Sebastian, FL 32958, hereinafter called the granite: Ailiereverand hrreintheterms"granter"and (rantee'inrhule all lhrporltr.+tpirionen[andtheheir+.h-,glrpre,%twmtet and assigns ojtadiitduab, and thesurree.vn.+ and a%srg?l.% rorpuranun.+/ 1�'imu%stu: That the grantor, for and in consideration of the sumo mX) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, , remises, releases, conveys and confirms unto the grantee all of his right title and interest in or to that ccnainirate in Indian River County. State of I;londa. %rr; As set forth in Exhibit "A" T(x;i:7m.R, with all of the tenentents, hereditamAwrvatioms. ppurtcnances thereto beltingu)g or in any%%ase appertaining Subject to all )valid restrictions, cncurnhrances, casements and all other matters of public record Gramor warrants that the above descrih1property is not homestead and granters residence is tither than that tieing conveyed. //,, 1!�Pl IN WI1NI:%%N'III RU)P, the said gram has Signed and scaled these preselils file day and year lir51 aboCc wrille u Signed, scaled and delivered in the presence of. ._. ,/�.1��"�_— _. Signa ere �Lchacl ('. I'alnirr, 1'nistrr, Shady krst N11I1' Cmc1 11001 \)'dire Itled., 23W Hour Kathy Lyles Lin Angeles, CA 911025 D&wld Mercer 119"Irdsignatitre cn w ..i r� • STATE • ..+....I.I�I..:�. COUNTY �':.�� I hereby Certify that on this day, before me, an ofE' er duly authorized in the State aforesaid and in the County a oresaid to take acknowledgement, personally appears Michael C. P r to me known to be the person described in and who executed t foregoing instrument and acknowledged before me that he execu d the same. Witness my hand and offic'al peal in the County Ad State last aforesaid this &/dday of & A. D. /),n,3 N o t a r S Figat re �i � ULvIeS Printed to y Signature [ seal J RAIM' LYLES Commsskxn A 1277170 potcly Pud c - ca tont Los Angdet County MrC=m.lj0=Sep1a20D4 Exhibit "A" Description PARCEL 1: All that part of Lots 17, 18 and 19, of WAUREGAN SUBDIVISION, lying Wesof the West right of way line of U.S. Highway 1, according to the plat of Wauregan filed in the office of the clerk of the circuit court of Brevard County, Florida, in Plat Book 1, Page 75; and refiled in Plat Book 1, Page 178 and 179, public Records of St. Lucie County, Florida; said land lying and being in Indian River County, Florida. Less and except road rights of way. PARCEL 2: That part of Lot 20, of WAUREGAN SUBDIVISION lying Ea s rly of Wauregan Avenue and Westerly of U.S. Highway 1 as follows: Begin at the point of beginning formed by the interseio of the Easterly right of way line of Wauregan Avenue in Wauregan Subdivision, Sectio f Fleming Grant, at a concrete monument • marking the boundary between lots 20 and 21; t n run Northwesterly alnng the Easterly right of way of Wauregan Avenue a distance of 315.1 to the Northerly line of said Lot 20; thence run Northeasterly on the boundary line betwe ots 19 and 20 a distance of 200 feet to a concrete monument; thence Southeasterly i nce of 315.19 feet to a concrete monument on the Southerly lot line of Lot 20, which is 2 t Easterly of the point of beginning; thence run , Southwesterly on the boundary line bet en Lots 20 and 21 a distance of 200 feet to the point of beginning. All in Wauregan, Fleming Grant, acc ng to the according to the plat filed in tire office of the clerk of the circuit court of Brevard Cou ,Florida, in Plat Book 1, Page 75; and refiled in Plat Book 1, Page 178 and 179, public Record of St. Lucie County, Florida; said land lying and being in Indian River County, Florida. Less and except road rights of way. CP av O 4J ezk • The following exhibits apply to all three transmittals. Surrounding Land Use Map County Zoning Map Staff Report P & Z Minutes Survey of Alternative Housing Draft Annexation Agreement Mustacchia letter of intent for future annexation Florida Statute 171.044 County Ordinances and Backup • Map of Survey under separate cover • • • rnr or SF.$ASTMN HOME OF PELICAN ISLAND Growth Management Department Staff Report Annexation, Comprehensive Plan Amendment (Large Scale) And Rezoning Application 1. Project Name: Shady Rest Mobile Home Park 2. Requested Action: Land Use Change from: MHRP/M-1 (Mobile Home Rental Park, 8 units per acre) to: RMU (Riverfront Mixed Use) Zoning Change from: RMH-8 (Residential Mobile Homes, 8 units per acre) to: CR (Commercial Riverfront) 3. Project Location a. Address: 13225 U.S. 1 Located north of the St. Sebastian Catholic Church property and south of Home Depot. b. Legal: See survey C. Indian River County Parcel Number: 31-38-21-00001-0000-00017.0 31-38-21-00001-0000-00020.0 d. Acreage: 17.14 acres 4. Project Owner: Edward R. Howland and Carole Wagner, as co - Trustees of the Shady Rest Mobile Home Park Trust 13225 U.S. Highway 1 Sebastian, FL 32958 (772) 589-5646 5. Project Agent: Warren W. Dill 1565 US Highway 1 Sebastian, FL 32958 (772) 589-1212 1 fax: (772) 589-5212 • 0 C7 6. Project Engineer: N/A 7. Project Surveyor: David Taylor Masteller, Moler, Reed & Taylor, Inc. 165527 th Street, Suite 2 Vero Beach, Florida 32960 (772) 564-8050 fax: (772) 794-0647 8. Project Attorney: 9. Project Description same as agent (above) a. Narrative of proposed action: Shady Rest Mobile Home Park Trust has made application to the City for annexation of two parcels of land. The existing land use is a mobile home park, which is located on the west side of U.S. 1, between the St. Sebastian Catholic Church property and Home Depot. In conjunction with the annexation request, the applicant has requested a city land use designation of RMU (Riverfront Mixed Use) and a city zoning designation CR (Commercial Riverfront). b. Land Use: Existing (County): MHRP/M-1 (Mobile Home Rental Park, 8 units per acre) Proposed (City): RMU (Riverfront Mixed Use) C. Zoning: Existing (County): RMH-8 (Residential Mobile Homes, 8 units per acre) Proposed (City): CR (Commercial Riverfront) E • d. Adjacent Properties: e. Site Characteristics Zoning Current Land Use Future Land Use Current Land Use(s): (3) Soil: (4) North: County CG Home Depot County C/I Commercial General Comm./Indust. East: City CR Medical Office City RMU (Riverfront (Commercial Mixed Use) Riverfront) County OCR (Office, Office/Retail Plaza County C/I Commercial & Resid Comm./Indust. South: City PS Church site City INS (Institutional) (Public Service) County RM -6 vacant L-2 (Multi -Family Res. (6 dw. units/acre) 6 dw. units/acre West: County RS -6 residential County L-2 (Single -Family Res. (6 dw. units/acre) 6 dw. units/acre e. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: • 3 17.14 acres mobile home park satellite fine sand and archbold sand residential landscaping including palms, oaks, pines, etc. X Public water Public sewer On-site community pool, bocce courts, and shuffleboard courts U.S. 1 Fire Station -.75 miles Police - 1.25 miles • C 10. Annexation: The City of Sebastian Comprehensive Plan acknowledges the need to prevent urban sprawl and disjointed urban service delivery systems. Particular consideration is to be given potential development of unincorporated urbanizing fringe areas. Per Florida Statute 171.044, the owners of the Shady Rest Mobile Home Park have petitioned the City of Sebastian to annex their property into the municipality. The property is contiguous to our northern city boundary. The existing land use is a mobile home park with a capacity of 117 rental lots. The property is served by public water and public sewer. The owners have also requested a commercial land use and zoning designation in anticipation of redevelopment at some time in the future. The assessed value may vary by the use and the zoning of a property. Ad valorem tax generation to the City as a mobile home park is estimated to be $7,750 per year. This number could significantly increase as commercial property. Below is a comparative table showing various properties and their related tax revenues. 11. Land Use Amendment: The issue before you is the future of 117 mobile home sites versus commercial redevelopment. On one hand, the property is strategically located on a state arterial highway in a corridor which has clearly developed as a major commercial destination and includes Publix, Home Depot, Wal-Mart, medical offices, banks, restaurants and strip stores. On the other hand, the residents will be faced with relocation when the property is redeveloped commercially. In response to staff concerns, a report entitled "A Survey of Alternative Housing for Shady Rest Mobile Home Park" has been prepared by Peter Armfield of Armfield- Wagner Appraisal & Research, Inc. This report is also presented to satisfy Florida Statute 723.083 which states, "No agency of municipal, local, county, or state government shall approve any application for rezoning, or take any other official action, which could result in the removal or relocation of mobile home owners residing in a mobile home park without first determining that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners." In the housing report it is noted that 78 of the 117 mobile home sites in Shady Rest Mobile Home Park are occupied (page 11). Their survey indicates that there are 327 unoccupied apartments and mobile home spaces available in the area. It further states that other units exist in smaller complexes and also notes the availability of individual 4 17.2 $2,591,610 $28,328 $7,753 Shady Rest 2 arcels Walmart 23 $11.308,76 $199,048 $33,832 Home Depot 13.2 $6,074,170 $94,330 $18,172 Riverwalk Plaza 11.3 $5,714,880 $88 750 $17,097 Dr. Zaidi Medical 0.71 $645 460 $11 361 $1,9311 11. Land Use Amendment: The issue before you is the future of 117 mobile home sites versus commercial redevelopment. On one hand, the property is strategically located on a state arterial highway in a corridor which has clearly developed as a major commercial destination and includes Publix, Home Depot, Wal-Mart, medical offices, banks, restaurants and strip stores. On the other hand, the residents will be faced with relocation when the property is redeveloped commercially. In response to staff concerns, a report entitled "A Survey of Alternative Housing for Shady Rest Mobile Home Park" has been prepared by Peter Armfield of Armfield- Wagner Appraisal & Research, Inc. This report is also presented to satisfy Florida Statute 723.083 which states, "No agency of municipal, local, county, or state government shall approve any application for rezoning, or take any other official action, which could result in the removal or relocation of mobile home owners residing in a mobile home park without first determining that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners." In the housing report it is noted that 78 of the 117 mobile home sites in Shady Rest Mobile Home Park are occupied (page 11). Their survey indicates that there are 327 unoccupied apartments and mobile home spaces available in the area. It further states that other units exist in smaller complexes and also notes the availability of individual 4 rental homes in the area representing a wide range of alternatives including many with rental assistance programs. Additionally, conversations with Whispering Palms Rental Park (on U.S. 1 south of the city) have indicated that not only do they have adequate space for all of the Shady Rest residents, they are developing a special incentive package to attract new tenants. In addition to the sites listed in the report, Indian River County is currently reviewing a second phase to the Beach Cove Mobile Home Park on 99th Street, for an additional 58 mobile home sites. Also, a low-income senior housing project known as By the River is currently under construction on Roseland Road, which will provide efficiency apartments for 41 residents. Florida Statute 723.06116 provides for assistance in relocation expenses through the Florida Mobile Home Relocation Trust Fund. In this program, actual moving expenses are paid up to a maximum $3,000 for a single -section mobile home or $6,000 for a multi -section mobile home. If the mobile home owner chooses to abandon the mobile home, he can be collect $1,375 for a single -section unit or $2,750 for a multi -section unit. It should also be noted that the Florida Mobile Home Relocation Trust Fund is funded by the park owner ($2,750 for each single -section mobile home unit and $3,750 for each multi -section mobile home unit); the surcharge collected by the department under Florida Statute 723.007(2); the surcharge collected by the Department of Highway Safety and Motor Vehicles; and by other appropriated funds. In an attempt to balance the property owners' rights against the leaseholders' rights, Attorney Dill has proposed an agreement to provide extended notification to the residents prior to the closure of the park. Florida Statute 723.061(1)(d) provides for a minimum six-month notification. The proposal is to give the residents five years notice of the redevelopment from the date of this meeting, provided that the park can be maintained with at least a 50 -percent occupancy, and the remaining unoccupied lots may be used as recreational vehicle rental sites. A draft annexation agreement written by Attorney Dill is attached for your review. As a condition of approval, staff asks that landscaping be provided along the U.S. 1 perimeter in conformance with the Riverfront Overlay District standards. Shady Rest Mobile Home Park sustained a great deal of damage during the hurricanes of 2004, with many homes damaged or destroyed. Since that time, the owner has experienced a substantial reduction in occupancy of the park, as indicated on the attached survey. With vacancies at record numbers, this may be a reflection of the storm damage concerns. Other parks along the U.S. 1 corridor have significant vacancies, also indicating that mobile homes may be losing their appeal as a housing choice. 12. Comprehensive Plan Consistency: Several issues identified in the Comprehensive Plan must be considered when evaluating this land use amendment. Policy 1-1.2.2 General Pattern of Commercial Land Use of the City's Comprehensive Plan Future Land Use element states "In order to promote efficient flow of traffic along major thoroughfares cited in the Traffic Circulation Element, achieve orderly development • and minimize adverse impact on residential quality, commercial development shall -be concentrated in strategically located areas having location characteristics which best 5 accommodate specific land, site, public facilities and market location requirements of their respective commercial uses." Policy 1-1.2.1 General Considerations for Locating Commercial Development states "The location and distribution of specific types of commercial activities shall be determined based on the following considerations: 1. Trip generation characteristics, impact on existing and planned transportation facilities and ability to achieve a functional internal circulation and off-street parking system, with landscaping amenities: 2. Location and site requirements based on specific needs of respective commercial activities, their market area, anticipated employment generation and floor area requirements; 3. Compatibility with and impact on other surrounding commercial activities; 4. Relationship to surrounding land uses and natural systems; 5. Impact on existing and planned community services and utilities." The location of the parcel along a state arterial roadway (U.S. 1) supports the request for a commercial land use designation. The Riverfront Mixed Use designation provides for a mixture of residential, commercial, recreational and institutional uses in the Riverfront District. 13. Conformance with Code of Ordinances: The proposed rezoning and land use • amendment is consistent with the Code of Ordinances. 14. Changed Conditions: Indian River County has recently revised the land use designation of certain mobile home rental parks in the County, including this property. This change was implemented to slow commercial redevelopment of those sites, thus preserving the mobile home rental park housing. See information provided by Indian River County, which is attached. In summary, the new MHRP land use designation in the County will require park owners to follow the comprehensive plan amendment process to convert a park to a different use. This process involves 3 public hearings, one before the Planning and Zoning Commission and two before the Board of County Commissioners, as well as approval by the Department of Community Affairs. The entire process may take a year to complete. This will increase the time involved in converting a mobile home park to another use, and it will afford the residents of those parks an opportunity to participate in the land use amendment process by providing comment and feedback at public hearings. 15. Land Use Compatibility: Property to the north (County) and east (some city, some county) is commercially developed, and is compatible with the requested zoning and land use amendment. The one remaining property to the south, which is in the County, is vacant with a residential land use and zoning classification. It seems unlikely that this property would be developed for housing. Attorney Dill has provided staff with a copy of a letter from that property owner, Mr. James Mustacchia, stating his intent to annex into the City. A local is street separates property to the west. n 16. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. The parcels are already serviced by public utilities. 17. Natural Environment: There are no identified environmentally sensitive areas existing on the subject parcel. Additionally, redevelopment of the parcel will be required to provide requisite open space, landscaping and tree protection as required by the Land Development Code. 18. Economic Effect: The property is not currently within the corporate limits of the City of Sebastian. Annexation will provide an additional 17.14 acres of commercial land area, which in turn creates an expanded tax base for the City of Sebastian. See item 10 above. 19. Orderly Development: The proposed land use amendment provides for orderly development given the location of the site adjacent to commercial property and the availability of sufficient public facilities and access. 20. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to create a general pattern of commercial land use. The location of this parcel along a state arterial roadway (U.S. 1), being adjacent to other commercial uses, (both in the City and in the County) facilitates orderly development within the growing urban service area. 0 21. Other Matters: The requested comprehensive plan land use map amendment is large scale (over 10 acres), and will be reviewed by the Department of Community Affairs (DCA). In addition, the request for land use and zoning amendments has been done in compliance with Florida Statutes Chapter 723 Mobile Home Park Lot Tenancies, including notification to the park homeowners association of the application request. is 22. Conclusion: The requested land use designation of RMU (Riverfront Mixed Use) and the requested zoning designation of CR (Commercial Riverfront) are consistent with the Sebastian Comprehensive Plan, the Code of Ordinances, and the Land Development Code. 23. Recommendation: On January 17, 2008, the Planning and Zoning Commission recommended approval of a land use designation of Riverfront Mixed Use (RMU) and a zoning designation of Commercial Riverfront (CR) for the subject property, on a 4-2 vote. Staff recommends approval of the annexation request as a natural extension of our boundaries, and as an economic benefit to the City, with both its current development and future redevelopment potential. Staff also recommends approval of the land use designation of Riverfront Mixed Use (RMU) as well as the zoning designation of Commercial Riverfront (CR), conditional upon a covenant to provide a five-year notification to the residents of pending redevelopment. 7 24. Commission Action: Move to pass Ordinance 0-08-01 (Annexation) 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. Move to pass Ordinance 0-08-02 (Land Use Amendment) on first reading and authorize transmittal to the Department of Community Affairs for comments. Second reading and public hearing (adoption) to be scheduled following receipt of DCA comments. Move to pass Ordinance No. 0-08-03 (Zoning Amendment) on first reading. Second reading and public hear to be scheduled following review of the proposed land use amendment by the Department of Community Affairs. I TETZ.-A'T, R • E:3 D6 DA E • CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 17, 2008 Vice -Chairman Paul called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ` ROLL CALL: PRESENT: Mr. Buchanan Mr. Cardinale Mr. Dodd Mr. Paul Mr. Simmons Mr. Blais ALSO PRESENT: Al Minner, City Manager Rich Stringer, City Attorney Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Linda Lohsl; Recording Secretary ANNOUNCEMENT: NONE APPROVAL OF MINUTES: Regular Meetings of 12/20/07 and 1/3/08 MOTION by Cardinale/Simmons to approve the minutes of 12/20/07 and 1/3/08. A voice vote was -taken and all were in favor. Motion passed unanimously. OLD BUSINESS: NONE NEW BUSINESS: PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT & REZONING (for a Proposed Annexation) 13225 U.S. HIGHWAY #1, SHADY REST MOBILE HOME PARK, NORTH AND ADJACENT TO ST. SEBASTIAN CATHOLIC CHURCH — 17.15 ACRES — REQUEST FOR RMU (RIVERFRONT MIXED USE) LAND USE AND CR (COMMERCIAL RIVERFRONT) ZONING Mr. Paul opened the hearing and asked for any ex parte communications; there were none. He then swore in anyone wishing to speak. Mr. Stringer explained the application comes before this commission for land use and zoning. The way you are to approach this is to presume it will be annexed. Annexations are a legislative function of the city council. • Attorney Warren Dill, 1565 U.S. Highway #1, Sebastian introduced himself as representative of Edward and Carole Wagner, the owners of the property. He also PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2008 • introduced Mr. Jim Williams, the manager of the property for the past seven years. Mr. Dill gave an overview of the property location and pointed out key facts from the staff report, notably the applications are consistent with all the requirements on your comprehensive plan and that it meets all your code requirements. The development of the site will provide for the orderly growth and development of the city. It is adjacent to other commercial uses along U.S. 1 and there is water and sewer service to the property. Ms. King gave a brief summary of the application and explained they steered the applicant toward the commercial riverfront designation as a natural progression of the other commercial riverfront properties in that area. Mr. Cardinale asked how the change would affect the people currently living at the .park. Ms. Grohall said in conversations with the applicant, they are willing to keep the mobile home use for several years; however she deferred the question to Mr. Dill. Even though it is not a land use issue he responded with it would provide them with no new neighbors. People from the public began calling out and Mr. Paul asked for order and requested that microphone volume be turned up if possible. Mr. Dill continued to explain that when the property is annexed it would become a non -conforming use within the city and they would not be able to add any more mobile homes to the property. Mr. Simmons commented that he thought part of the reason for going through this process is to circumvent the existing county zoning that covers the park. Mr. Dill responded that the county commissioners elected to create a new land use classification specifically targeted towards rental mobile 'home parks. They did that because they were petitioned by a number of individuals living in these types of parks, including one from Shady Rest. These folks were concerned in the event the use of the park changes, they would not be given adequate time to relocate. The state law provides that residents are to be given six months notice. State law controls that in Florida. Mr. Dill continued to explain the differences between the county and state guidelines. Bottom line, we have a county that may be in violation of state law by what they have done. Mr. Blais asked for an explanation of no additional trailers will be added to the property. Mr. Dill explained that park has pads for 117 homes. There are a total of 79 occupied home on the property now. The reason is because City of Sebastian regulations would not allow them to add homes once they are annexed into the city under the current zoning regulations. Mr. Buchanan asked about a statement in the staff report recommendation, "A possible condition to the annexation agreement may be to allow no redevelopment of the property for a 5 -year period." Ms. King explained it was added for information only and they would be suggesting to city council at the annexation meeting that one of the possible things they may do is to place a condition on the annexation and one may be similar to that statement. As there were no other questions from the. commission Mr. Paul opened the floor to the public. 0 . No one spoke in favor. The following spoke in opposition. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2008 1101 Claire Ranahan, 13225 U.S. Highway 1, a Shady Rest resident for 12 years and currently president of the homeowners association. She talked about post -hurricane events, the lifestyle of the park residents, and asked the city consider following the county's rules. Jim Hosier, A9, Shady Rest, a resident for ten months and was not told of the possibility of the sale of the park. Concerned about the residents on a limited income. Don Lintman (?), Shady Rest, questioned the notice he received from Sebastian about the hearing. Claire Ranahan, asked for clarification of Florida Statute 723.083. Mr. Stringer said that is something that would be addressed when the application goes before City Council. Carol Binka (?), Shady Rest, what are the differences if they are annexed or not. Mr. Paul said they are not the commission to discuss or decide the pros and cons of annexation. Kathleen Ranahan, supportive of her mother, Claire, and is concerned about future plans and how it affects the elderly of this community. Mr. Stringer explained the process of annexation. Mr. Paul closed the public portion of the hearing and asked for further comments from the commission. Answering Mr. Blais' question, Mr. Stringer said if land is annexed it cannot sit with an interim designation, it must have a zone in compliance with the city's zoning codes. Mr. Dodd asked if mobile home parks are permitted in the mixed use designation and Ms. Grohall responded she did not think it was included. MOTION by Simmons/Buchanan to recommend approval of the land use designation of RMU and zoning designation of CR for the subject property located. at 13225 U.S. Highway #1. ROLL CALL: Mr. Blais no Mr. Paul yes Mr. Simmons yes The vote was 4-2. Motion passed. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: There were no comments from the members. Election of Chairperson and Vice -Chairperson: Mr. Cardinale no Mr. Dodd yes Mr. Buchanan yes • Mr. Buchanan nominated Mr. Paul for chairman. Being no other nominations, Mr. Paul is the Chairman. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2008 • Mr. Simmons nominated Mr. Cardinale for Vice -Chairman. Being no other nominations, Mr. Cardinale is Vice -Chairman. • r� DIRECTOR MATTERS: Ms. Grohall wanted to clarify that the applicant stated the property would be part of the CRA district. It is not within the CRA district boundaries however, we might amend the boundaries but most likely would not. She noted available senior housing in existence and planned. She mentioned the FL League of Cities has a board training and anyone who would like to take advantage of it could turn in their sign ups to her tonight or submit to the city clerk. Ms. Grohall advised the board of upcoming comprehensive plan amendments. ATTORNEY MATTERS: Mr. Stringer commended the board for professionally handling a tough situation. Mr. Paul adjourned the meeting at 8:21 p.m. (01/18/08 sbl) 4 • A SURVEY OF ALTERNATIVE HOUSING FOR SHADY REST MOBILE HOME PARK LOCATED AT 13225 U.S. HIGHWAY #1 SEBASTIAN, FL 32958 APPRAISAL # 40093 • L� 0 0 CJ ARMFIELD-WAGNER APPRAISAL & RESEARCH, INC. PETER D. ARMFIELD, MAI ST. CERT. GEN. REA #0000524 RICHARD L. WAGNER, MAI ST. CERT. GEN. REA #0000608 DANIEL D. FULLER, MAI ST. CERT. GEN. REA #0000567 February 26, 2008 City of Sebastian 1225 Main Street Sebastian, FI 32958 Gentlemen: 194010TH AVENUE, P.O. BOX 791 VERO BEACH, FLORIDA 32960 TELEPHONE (772) 562-0532 FAX (772) 778-1121 As requested by Mr. Warren Dill, attorney, I have inspected the Shady Rest mobile home park located at 13225 U. S. 1, Sebastian, Florida. This is for the purpose of providing you with a studyto comply with information per statute §723.083 which requires that no action be taken that would remove or result in relocation of mobile home owners, residing in a mobile home park without "first determining that adequate mobile home parks or other suitable facilities exits for the relocation of the mobile home owners". Methodology The study completed consists of a survey of mobile home parks and other types of rental housing that exists within a reasonable distance of the subject property. The area of the survey is taken by the conductor of the study to mean within Indian River County and within a distance 5 miles to the north which extends into south Brevard County. Information was collected from various mobile home parks and affordable rental projects that are located in these areas. The study was conducted between February 19, 2008 and February 25, 2008. Data collected includes location of the property, its size and type and information regarding current rent levels and information regarding current state of available unoccupied units. Report Format The report begins with descriptive information regarding the subject property, Shady Rest mobile home park and its location. This section is followed by Information presented by property along with photographs and location maps. Data is then summarized on the compilation sheet on page 31. TABLE OF CONTENTS INTRODUCTORY INFORMATION .............................................. 1 OWNER OF PROPERTY AND SALES HISTORY ................................. 2 LEGAL DESCRIPTION....................................................... 2 LOCATIONMAP............................................................ 3 PROPERTY PHOTOGRAPHS ................................................. 4 NEIGHBORHOOD........................................................... 6 UTILITIES.................................................................. 7 TAX INFORMATION......................................................... 8 FLOODZONE.............................................................. 8 • CENSUS TRACT............................................................ 9 SITE DESCRIPTION......................................................... 9 AERIAL MAP.............................................................. 10 PARK IMPROVEMENTS.................................................... 11 SHADY REST MOBILE HOME PARK LAYOUT ................................. 12 SURVEY OF ALTERNATIVE RESIDENTIAL LOCATIONS ........................ 13 LOCATION #1416 ...................................................... 14-29 SUMMARY COMPILATION OF PROPERTIES SURVEYED ....................... 30 PROPERTY LOCATION MAP ................................................ 31 CONCLUSION............................................................. 32 LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS ..................... 33 • CERTIFICATE OF SURVEY .................................................. 35 QUALIFICATIONS OF THE APPRAISER ....................................... 37 • INTRODUCTORY INFORMATION Rights Surveyed The rights surveyed in this report relate to rights of occupancy under a standard rental contract wherebytenants receive the right to occupy a mobile home site for a limited period usually one year. The tenant is usually the owner of the mobile or modular home to be located on the site or by way of purchase of a mobile home already installed on the site. This includes rights to access to required utilities, cable tv, trash removal service, access, and rights to utilize common recreation facilities as may be provided by each park. Tenant has obligations to pay agreed lot rent and usually includes provisions for rents to be increased with cost of living or other specified rental change agreement. Rents are commonly adjusted on an annual basis. Services included in the rent vary by property but can include utilities, lawn service, and other services. Where known such services that are included are reported for each property. Restrictions on Mobile Homes • Each park also has restrictions that are applied on an individual basis regarding minium specifications for mobile homes that are allowed to be installed. For instance most have a restriction against moving in older mobile homes say in excess of 5 years old and some restrict mobile homes to new homes that must be purchased from the owners of the park or a related business. Existing Mobile Home Sales Surveydata does not include information regarding listings for sale of existing mobile homes in rental mobile home parks because this data was not available. However, cursory drive through inspections reveal that there appear to be a significant number of such existing homes in each park. Based on limited observations made, it appears that most parks have homes for sale through various sources including for sale by owner that would amount to say 5% to 10% of the existing homes. Home prices of existing homes vary widely due to age and condition but mid range prices for homes of some age was predominantly in range of $10,000 to about $30,000 with single wide being toward the lower range and double wide being in the mid to upper ranges. Also not included are mobile homes located in an area or park where the mobile homes are located on individually owned lots instead of on lots that are rented. There are typically a smaller number of these homes available and prices over the past year are observed in the range of about $75,000 to over $100,000. These are typically double wide mobile homes though single wide is also represented. Ages vary widely from a few years old to over 30 years old. 0 OWNER OF PROPERTY AND SALES HISTORY Current Owner of Property: HOWLAND, EDWARD R (COTR) Based on the public records reviewed by the appraiser, there have been no sales of the subject property, that have occurred within the past three years. LEGAL DESCRIPTION The following Legal Description was copied from a copy of the 2003 warranty deed changing the subject property ownership name. Exhibit 'A" Description PARCEL 1: All that part of Lots 17, is and 19, of WAUREGAN SUBDIVISIGN, lying West of the west re, way line of U.S. Highway 1, according to the prat of Wauregan fihtd in the office of OIL' Lied crrc:ult court of Brevard County, Florida, In Plat Book 1, Pape 75; arwf refiled in Pint [look 1, 178 and 179, Public Records of St. Lucie County, Florida; said land lying and hang In India County, Florida. Less and excew road rights of way. PARCEL2_ ?lie[ start of Lot 20, of W/Lt1ZEGl4N SUBDIVISION fyirrrI Easterly of Wail . n Avenue .Ind V of U_`a, klighwny 1 as fallmvs: Begin at the Point of begin+anq formed by the into tsection of the Edsterly right of way line` Vlauregan Avenue In WAnregAn Subdivision, Sectinn 30 of Fleming Grant, a: a Conclet� 1:1L marking the boundary between iots 20 and 21; thence run Nart rtwesterile ainnq i1w, I „rant of way of Wauregao Avenue a distance of 315,14 feet to the Northerly him of said Lot 20:1 run Northeasterly on the boundary line between Lots 19 and 20 a distance of 200 feet to a concrete monument; thence Southeasterly a distance of 311.5.19 real to a concrete inominu the Southerly lut fine of Lot 20, whiLli is 200 (rel Easterly of thea point of beginning; thence 5nuth'MM110fly on th& hnunriary lino ttenvren Ln:S ?0 and 21 A distance of 2U0 feet to th4 I beginning. Alf In Wauregim, Fterning Grant, according to the acrording to the pldt fired u) tiro nrtwe of of the circuit court of Brevard County, Florida, In Wat [took 1, P,ilge 75: and refd-M in Plat e Pave 170 and 179, public Records of St. Lucio County, Flerida; said fond lyiruf and Ire=ng iai Never County, Florida. cess and pxrept rear[ 0011M Of writ'. C7 . 6 NEIGHBORHOOD The subject property is located within primarily a commercial strip neighborhood, along the U.S. #1 Commercial Corridor, that extends from just south of the City of Sebastian northward to the unincorporated Town of Roseland. The subject is located in the northern portion of the overall neighborhood, just north of the northern edge of the city limits of Sebastian. The neighborhood also includes some residential uses along U.S. #1, consisting of scattered multi -family, single family and mobile home uses. The neighborhood boundaries are the Indian River Drive/U.S. #1 intersection to the south and the Sebastian River Bridge, to the north. Uses along the east and west sides of U.S. #1 create the east and west boundaries, with the Florida East Coast Railway along the western limits. Thus, the subject neighborhood consists of a narrow strip, approximately 4 miles in length, along both sides of U.S. #1, from just south of the City of Sebastian northward to the Sebastian River Bridge. The primary neighborhood artery of the neighborhood is U.S. Highway #1. In most of the subject neighborhood, U.S. #1 is a four -lane highway with a landscaped or concrete median. This median is provided with deceleration lanes for left turns and U-turns. Overall, the neighborhood is approximately 70% developed. The majority of the development is located either at the north end of the neighborhood, which is in the Walmart to Roseland Shopping Center Area, or the downtown area of the City of Sebastian. Uses vary from commercial to older single family structures. Historical demand for commercial use has made it feasible to convert some of these residential uses to commercial use. Commercial U.S. #1 uses within the City of Sebastian -U.S. #1 corridor include strip centers, office buildings, banking facilities, restaurants, two auto parts stores, funeral home, restaurants, and numerous other commercial properties. This section of the neighborhood is over 70% developed with a mixture of older residential and commercial uses, along with some newer and renovated commercial uses. The northern portion of the neighborhood has benefitted with the construction of the Walmart Superstore, northwest of U.S. #1 and Jackson Street. This is a large Superstore that includes a full service grocery store. Adjacent commercial development has begun and more is anticipated for the area of U.S. #1, around the Walmart store, in the northern portion of the City of Sebastian. The Sebastian River Medical Center has been the primary development factor north of Roseland Road. However, it has also contributed to several new medical office buildings along U.S. #1, south of Roseland Road. A large free standing Kmart store was constructed just south of Riverwalk Plaza shopping center, in 1994/1995. This store closed and has been rebuilt as a Home Depot store. • Otherfast food national restaurants are scattered throughout the neighborhood. These include Wendy's, in the northern portion of the City of Sebastian, as well as McDonalds and Checkers in the Roseland area. Other local restaurants also service the Sebastian area, including some along the Sebastian River. Wendy's is located along U.S. #1, in the northern portion of the downtown area. The subject property consists of an older mobile home park, named Shady Rest. It is located along the west side of U.S. #1, just north of the Catholic Church and Walmart and south of Home Depot. This location is at the northern edge of the Sebastian city limits. This portion of the subject overall commercial strip neighborhood has had much new construction over recent years. However, the subject property, along with an adjacent fronting parcel are zoned for residential uses, mobile home and multi -family residential. The neighborhood is surrounded by single family residential areas, along with mobile home parks and RV parks. The large Whispering Palms mobile home and RV park is located along the west side of U.S. #1, just south of Sebastian, with the subject Shady Rest Mobile Home Park located just north of Sebastian. Vero Beach Kampground is located along the east side of U.S. #1, in Wabasso, and includes RV and some mobile home sites. There are also scattered smaller mobile home parks along U.S. #1. Single family development is located between the U.S. #1 commercial corridor extending to the east and the Indian River. Conclusion In summary, the subject neighborhood consists of the commercial and associated residential uses, along U.S. Highway 1, extending from the southern edge of Sebastian to Roseland and the north county line. They include the downtown areas of the City of Sebastian along with the rapidly developing commercial and medical office uses to the north. There are also some scattered older residential and mobile home areas. UTILITIES Utilities reportedly provided to the subject site are as follows: Electricity: Florida Power & Light Company Sewer: Indian River County Water: Indian River County Telephone: Bell South Trash removal: Private Cable: Yes Gas: Private Carrier • 0 Both county water and sewer service are provided to the subject sites. These services are paid by the individual tenants, along with electrical. The subject property has a private well and water tanks utilizes an on-site well for water for sprinkler system use. The owner currently provides for garbage disposal by on-site collection and disposal at a county landfill transfer station. Cable TV is also available to the sites. Lawn maintenance is provided by the tenants. TAX INFORMATION The taxing authority is Indian River County. Taxes are based on Just Values that are calculated by the Indian River County Property Appraiser and on milage as set by the Tax Collector using various taxing districts' approved budgets. Taxes are assessed in arrears based on valuations as of January 1 st of the tax year. Tax bills are sent out in November and become payable January 1 st of the new year. The 2007 Indian River County Tax Roll reports the following information for the subject property, which is assessed as two parcels. Tax Parcel Number 21-30-38-00001-0000-00017.0 21-30-38-00001-0000-00020.0 Totals Assessed Value 2007 Taxes $2,570,870 $43,799 $ 83.740 1,269 $2,654,610 $45,068 The first parcel above totals about 15.7 +- acres and includes the majority of the subject site and all of the improvements assessed value. Florida's Constitution requires all property to be appraised at Just Value. While this concept is not adequately defined in the Constitution nor in Florida Statutes, numerous court decisions have held that it approximates Market Value as defined herein, less normal seller expenses of sale, estimated at fifteen percent (15%). While this represents the target level of the property appraiser, it has been found that assessments produced by mass appraisal techniques vary considerably and are not good indicators of Market Value. FLOOD ZONE According tothe Federal Emergency Management Agency National Flood Insurance Program Map #12061 C 0013E, dated May 4, 1989, the subject property appears to be located in Flood Zone X. Flood Zone X is an area outside the 500 year flood plain and is not a designated Department of Housing and Urban Development (HUD) flood hazard area. Flood insurance is not required in this zone. • CENSUS TRACT 0 The subject is designated as being within Census Tract 508.01 based on Census Tract Map #2 for Indian River County, Florida, dated 2/23/91, as prepared by the U.S. Department of Commerce for 1990 census data. SITE DESCRIPTION The subject site consists of an irregular shaped parcel, along the west side of U.S. #1, adjacent to the south of Home Depot, just north of the northern city limits of Sebastian, Florida. The site has about 950.93 +- feet of diagonal frontage along U.S. #1 and depth along the north property line of 840.31 +- feet. The west property line backs up to 135th Street and is 1,245.74 +- feet in length. The south property line is irregular. It extends westward from U.S. #1 for 440.77 +- feet and then jogs to the south for 315.19 +- feet. It then jogs back to the west for 200 feet, connecting to the southwest corner of the overall site. Total site area is calculated at approximately 17.2 +- acres. The dimensions and configuration are shown on the copy of the county tax plat map on the following page. U.S. Highway #1 is a four lane paved, state owned arterial roadway, with either a concrete, or grassed center median strip. This arterial highway provides both inter community and intra countytraffic. Principal exposure, frontage and access to the subject site are provided by U.S. #1. There is no median cut adjacent to the subject along U.S. #1, but there are median cuts a short distance to the north and south, which allows for access for both north and south bound traffic. There are two access roadways to the subject site from U.S. #1. These roadways connect with five east/west interior roadways, along with a front and rear north/south interior roads. The subject interior roadways are newly paved and consist of wide two lane roads, in good condition. The site has good U.S. #1 frontage and also has frontage, but no access along 135th Street to the west. A copy of the county aerial photo with subject site outlined in red is provided on the next page. • • 11 PARK IMPROVEMENTS The subject Shady Rest Mobile Home Park contains a total of 117 sites, which range in size from about 40 feet by 80 feet, up to 65 feet by 100 feet. Most of the sites are contain about 50 feet of frontage and between 90 to 100 feet of depth. The park facility was originally built around 1972, per the information provided. Currently, it was reported that 78 of the 117 mobile home sites are occupied. Current lot rents are $357 per month with a planned increase to $387 per month scheduled to go into effect May 1 ". The park also includes a clubhouse, swimming pool, game room, laundry room, and maintenance/workshop building on the site. Each site or space typically includes a concrete slab and utility services. The 117 sites are provided with paved roadways, along with water and sewer service by Indian River County. Electrical service is available to each site and trash service is provided by the park twice a week, with lawn service provided by the tenants. Reportedly, water is also available for lawn irrigation from a well and water tank at the rear of the property. A reduced copy of the Shady Rest Mobile Home Park numbering and layout is shown on the • next page. • 0 SURVEY OF ALTERNATIVE RESIDENTIAL LOCATIONS 13 A survey was taken of availability of mobile home sites and parks as well as representative affordable housing. The area surveyed was limited to Indian Rive County and a limited number of locations within five miles of the subject property north into southern Brevard county. Summary data showing of those properties surveyed are shown on following pages. Following individual property data sheets is a compilation spreadsheet of data obtained. 11 0 r: CONCLUSION 32 The above survey indicates that there are sufficient residential alternatives at this time to provide housing for approximately 78 units at the subject property Shady Rest. The survey made indicates a total of 327 unoccupied apartments and mobile home spaces. The survey is not complete as other units exist in smaller complexes and in the way of individual rental homes in the area that represent a wide range of alternatives including many with rental assistance with maximum income requirements. • C r 0 LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS 33 1. The data presented in this report represents the opinion of the signer as to the Value AS OF THE DATE SPECIFIED. Values of real estate are affected by an enormous variety of forces and conditions will vary with future conditions, sometimes sharply within a short time. Responsible ownership and competent management are assumed. 2. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 3. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 4. The information furnished by others is believed to be reliable. No warranty, however, is given for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or apparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. • 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in the appraisal report. 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries of property lines of the property described and that there is no encroachment or trespass unless noted in the report. 11. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 12. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. 0 • 34 13. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. 14. Neither all nor any part of the contents of this report especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected or any reference to the Appraisal Institute, or the MAI or SRA designations shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior written consent and approval of the appraiser. 15. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea -formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. 16. The Contract for the appraisal of said premises is fulfilled by the signer hereto upon the delivery of this report duly executed. • 17. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he makes no guarantees, express or implied, regarding this determination. 18. The Americans with Disabilities Act (ADA) became effective January 26,1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. • • 35 CERTIFICATE OF SURVEY The undersigned does hereby certify to the best of my knowledge and belief: a) The statements of fact contained in this report are true and correct. b) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. C) I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. d) I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. e) My engagement in this assignment was not contingent upon developing or reporting predetermined results. • f) My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. g) My analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. h) This appraisal report has been made in conformity with and is subject to the requirements of the Codes of Professional Ethics and Standards of Professional Conduct of the Appraisal Institute. i) That Peter D. Armfield has made a personal inspection of the property that is the subject of this report. j) No one provided significant professional assistance to the person signing this report. 0k) Peter D. Armfield, #0000524 is currently State of Florida Certified General Real Estate Appraisers. • CERTIFICATE OF APPRAISAL (continued) 36 1) As of the date of this report, I, Peter D. Armfield, MAI, SRA, have completed the requirements under the continuing education program of the Appraisal Institute. m) The use of this report is subject to the requirements of the Appraisal Institute and the State of Florida Real Estate Appraisal Board relating to review by its duly authorized representatives. n) The data presented are applicable to the date of inspection of February 14, 2008 • Peter D. Armfield, MAI St.Cert.Gen.REA #0000524 0 10 • 37 QUALIFICATIONS OF THE APPRAISER PETER D. ARMFIELD, MAI Education Graduate University of Florida Master of Business Administration, 1972 Bachelor of Business Administration, 1970 Florida Resident Since 1953 Registered Real Estate Broker, Florida Professional Memberships Member Appraisal Institute (MAI) - Appraisal Institute Senior Residential Appraiser (SRA) - Appraisal Institute Realtor Member - Vero Beach Board of Realtors • State -certified General Real Estate Appraiser, #0000524 0 Work Experience 1984 - Instructor of Appraisal Course for the Society of Real Estate Appraisers 1981 - President, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, Florida 1979-1980 Staff Appraiser, Armfield, Sherman & Associates Real Estate Appraisers & Consultants Vero Beach, Florida 1979-1982 Instructor of Appraisal and Real Estate Courses, Indian River Community College, Ft. Pierce, Florida 1976-1978 Employed with John S. Sherman, Jr. as Staff Appraiser, Vero Beach, Florida 1976 - Real Estate Sales, Fayetteville, North Carolina Engaged in the valuation of Real Estate in Indian River and St. Lucie Counties since December, 1976. Qualified as an expert witness for real property valuation in the Circuit Courts of St.Lucie County and Indian River County, Florida. • • QUALIFICATIONS OF THE APPRAISER Peter D. Armfield Page 2 Real Estate Appraisal Made for the Following; City Federal Savings & Loan of Palm Beach Savings of America Florida Federal Savings & Loan United Savings of America Florida First National Bank of Vero Beach SunTrust Equitable Relocation Lomas & Nettleton American Hospital Mgmt.Corp. Ford Motor Credit Merrill Lynch Relo. Gulf & Western Corp. City of Vero Beach Indian River County Gulf Oil Corporation Exxon Corporation St. Lucie County Types of Appraisals Residences Commercial Offices Shopping Centers Service Stations Light Industrial Condominiums Mobile Home Parks Utility Easements Health & Rec. Clubs Casualty Loss Estimates Partial Interests Articles Attorneys and Individuals Church of Latter Day Saints Kentucky Life Insurance Co. American Petrofina Corp. Federal National Mortgage Assn. FL Dept.of Natural Resources Bank of America Tropicana Corporation Airplane Hangars Insurable Value Vacant Land Residential Landlocked Subdivision Commercial Warehouses Leased Property Citrus Groves Improved Pasture Golf Courses Social Clubs Motels Industrial Citrus Packing Houses Wetlands Apartments (Including Low Income Housing Involving Section 8; Tax Credit) "Unusual Appraisal Assignments - Problems and Solutions", by Peter D. Armfield winning article in the 1981 manuscript competition sponsored by the Society of Real Estate Appraisers Foundation; published in the Real Estate Appraiser and Analyst - Spring, 1982. "Casualty Loss Valuation" by Peter D. Armfield, published in the Appraisal Journal of the American Institute of Real Estate Appraisers, October, 1982. "Computers in Appraising - Strategies for Success" by Peter D. Armfield and Stephen Armfield, winning article in the 1983 manuscript competition sponsored by the Society of Real Estate Appraisers Foundation. ANNEXATION AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, • AND EDWARD R. HOWLAND AND CAROLE WAGNER, AS CO -TRUSTEES OF THE SHADY REST MHP TRUST U/A DATED DECEMBER 24,1985. THIS ANNEXATION AGREEMENT is made and entered into this day of 2008, to be effective as of April 23, 2008, between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, ("Sebastian" or "City") and EDWARD R. HOWLAND AND CAROLE WAGNER, AS CO -TRUSTEES OF THE SHADY REST MHP TRUST U/A DATED DECEMBER 24, 1985, ("Owner"). WITNESSETH: WHEREAS, Edward R. Howland and Carole Wagner, as Co -Trustees of the Shady Rest MHP Trust, is the owner of the real property located in unincorporated Indian River County, Florida, which is legally described on Exhibit "A" attached hereto and which is known as the Shady Rest Mobile Home Park ("the Property"); and • WHEREAS, the Property is located within the Indian River County Urban Service Area and therefore is excluded form the restrictions on annexations imposed by the Interlocal Agreement relating to annexations under Chapter 171 Florida Statutes, as adopted by Resolution R-07-22 by the City of Sebastian; and and WHEREAS, the Property is substantially contiguous to the municipal boundaries of Sebastian; WHEREAS, Sebastian desires to annex the Property into its municipal boundaries and said annexation would not result in the creation of any enclaves and the annexation of the Property will be in the best interests of Sebastian and its residents; and WHEREAS, the Property is currently being used as a rental mobile home park; and WHEREAS, Sebastian can provide the necessary general government, non-proprietary services to the Property, normally being provided to its residents, such as police protection, code enforcement 40 Page 1 of 5 C\Documents and Settings\jking\Local Settings\Temporary Internet Fi1es\0LK5C8\CleanedShady Rest -Annexation Agrmt 4-17-08.wpd.doc building and zoning services, as needed; and • WHEREAS, City and Owner support the annexation of the Property into the City and the City is willing to enter into this Agreement pursuant to the authority of the Florida Constitution (including Article VIII, Section 2(b) and 2(c) thereof), the general powers conferred upon municipalities by statute and otherwise (including Chapter 166 and Chapter 171, Florida Statutes) and the City's Charter; and WHEREAS, Sebastian and Owner desire to establish agreements relating to land development and use upon the annexation of the Property into the City of Sebastian. NOW THEREFORE, the parties agree as follows: 1. The foregoing recitations are true and correct and are incorporated herein by reference. 2. Sebastian and Owner are proceeding with the voluntary annexation of the Property into the City of Sebastian. Upon the annexation of the Property into the City, this Agreement shall govern the parties' rights and obligations regarding the Property as to the matters provided herein. 3. The parties agree to promptly and diligently pursue an amendment to Sebastian's • Comprehensive Land Use Map to accommodate the land use of Riverfront Mixed Use (RMU) for the Property. After the Map amendment has taken effect, Sebastian agrees to cooperate with Owner in the rezoning of the Property to Commercial Riverfront (CR) and, at some undetermined future time, the issuance of other development orders (permits) necessary to change the use of the Property for development consistent with Commercial Riverfront zoning of the Land. 4. The receipt of a new Comprehensive Land Use Map description and a new zoning district for the Property does not result in a change of use of the Property. 5. Mobile home and recreational vehicle rental parks (as defined in the Sebastian Land Development Code) are not an allowed use within the Commercial Riverfront (CR) zoning district. However, since the use of the Property is designed and built to accommodate mobile homes and recreational vehicles within its 117 rental spaces, the Property shall be allowed to be used for such • Page 2 of 5 C:\Documents and Settings\jking\Local Settings\Temporary Internet Files\0LK5C8\CleanedShady Rest -Annexation Agrmt 4-17-08.wpd.doc purposes for a period of ten (10) years following the annexation of the Property into the City. At the end • of said ten (10) year period, the use of the Property as a mobile home and recreational vehicle rental park shall terminate and any further use of the Property shall be conformance with the zoning of the Property. 6. The Owner of the Property is subject to the provisions of Chapter 723, Florida Statutes, the Florida Mobile Home Act. When there is a change in use of the Property, Section 723.061 (1)(d) Florida Statutes requires the Owner to give the mobile home owners and tenants "at least six (6) months' notice of the projected change of use and of their need to secure other accommodations". Owner acknowledges that a period in excess of six (6) months to secure other accommodations would be of great help to the mobile home owners and tenants. Therefore, subject to the provisions in Section 7 below, Owner agrees that it will continue to operate the mobile home park for a period of five (5) years from April 23, 2008 to April 22, 2013. Should there be a change of use of the Property, as provided in Chapter 723, the statutory notice required by Section 732.061(1)(d) Florida Statutes shall be required to be given. 7. There are 117 rental spaces on the Property. If at any time, whether before or after the • effective date of this Annexation Agreement, there are fewer than fifty percent (50%) of the 117 spaces rented to mobile homes, then the five (5) year period provided in Section 6 above, shall no longer be applicable and the Owner will not be required to continue to operate a mobile home rental park on the Property. Therefore, notwithstanding the five (5) year period set forth in section 6 above, if at any time, there are less than 59 spaces rented to mobile home owners, the Owner shall no longer be required to operate a mobile home rental park. However, any change of use of the Property, as provided in Chapter 723, shall still require the Owner to give the statutory notice required by Section 723.061(1)(d) Florida Statutes. 8. This Annexation Agreement is not intended to supersede or expand in any way, the provisions of Florida laws as set forth in Chapter 723 Florida Statutes, except for the limited purposes as specifically provided herein. Page 3 of 5 C:\Documents and Settings\jkingU.ocal Settings\Temporary Internet Files\0LK5C8\C1eanedShady Rest -Annexation Agrmt 417-08.wpd.doc 9. This Agreement incorporates and includes all prior negotiations, correspondence, • conversations, agreements or understandings applicable to the matters contained herein and the parties agree there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in or incorporated into this document. 10. All notices, demands, requests or replies provided for or permitted by this Agreement shall be in writing and may be delivered by one of the following methods: A. By personal delivery. B. By deposit with United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below. Notwithstanding these requirements, there must be written acknowledgment of receipt of notice. For purposes of notice, demand, request or payment, the address of the City shall be: The City of Sebastian 1225 Main Street Sebastian, Florida 32958 The address of the Property Owner shall be: Edward R. Howland Crown Building 3662 Katella Blvd. Los Alamitos, CA 90720 with a copy to: parties. Dill & Evans, P. L. 1565 U. S. Highway 1 Sebastian, FL 32958 11. This Annexation Agreement shall be binding upon the heirs, successors and assigns of the 12. This Annexation Agreement shall be deemed effective as of April 23, 2008. • Page 4 of 5 C:\Docoments and Settings\jking\Local Settings\Temporary Internet Files\OLK5C8\CleanedShady Rest -Annexation Agrmt 4-17-08.wpd.doc • • IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first -above written. The effective date of this Agreement shall be April 23, 2008. CITY OF SEBASTIAN By:_ Title: (Typed name of Officer.) STATE OF FLORIDA COUNTY OF INDIAN RIVER PROPERTY OWNER: SHADY REST MHP TRUST Edward R. Howland, Co -Trustee Carole Wagner, Co -Trustee The foregoing instrument was acknowledged before me this day of 52008, by , as of the City of Sebastian, Florida, a municipal corporation existing under the laws of the State of Florida, on behalf of the City, who is personally known to me or who has produced as identification. &4 W.11 Notary Public My Commission Expires: My Commission Number is: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2008, by Edward R. Howland and Carole Wagner, Co -Trustees of the Shady Rest MHP Trust U/A dated December 24, 1985, who is personally known to me or who has produced as identification. "SEAL" Notary Public My Commission Expires: My Commission Number is: • Page 5 of 5 C:\Documents and Settings\jking\Local Settings\Temporary Internet Fi1es\0LK5C8\C1eanedShady Rest -Annexation Agrmt 417-08.wpd.doc 03/24/08 12:52 FAX 772 589 5212 DILL & EVANS PL Z002 James Mustacchia 790 Concha Drive Sebastian, FI 32958 (772) 38SA632 janumy 30, 2008 Mr. Warren Dill Dill & Evans, P. L. 1565 U. S. Highway i Sebastian, FL 32958 ItE: Annexation of parcel ID No: 30-39-21-00001-0000-00020.1 Dear Warren: I appreciate your following up on the annexation of my property into the City of Sebastian. Please consider this letter as an expre"ion of my intent to filo an application with the m ty of Sebastian to annex my property, which is contiguous with the South and East property lies of the Shady Rest Mobile I�:ome Park. Before I take any action to have my property annexed. I will wait to see what happens with the Shady Rest annexation. I think it is best if both of our properties are in thesame jurisdiction. • Sincerely, ,lames Mustacchia c;»oaes,.nu snd 9e&WUO1MOPU1W 10 WMWn Mw"ee►doAaWAD-B►AOY RE8T 1 -M -Wild= Statutes & Constitution :View Statutes :->2007->Ch0171->Section 044 : Online Sunshine Page 1 of 1 • Select Year: 2007 -1 Go The 2007 Florida Statutes Title XII Chapter 171 View Entire Chapter MUNICIPALITIES LOCAL GOVERNMENT BOUNDARIES 171.044 Voluntary annexation. -- (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, • general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Not fewer than 10 days prior to publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection may be the basis for a cause of action invalidating the annexation. • History. --s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90- 279; s. 16, ch. 98-176; s. 3, ch. 2006-218. Copyright © 1995-2008 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=&URL... 4/14/2008 1 iINDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DE ENT HEAD CONCURRENCE o e t . Keating, ACP, Co unity Dev opment Director THROUGH: Sasan Rohani, AICP, Chief, Long Range Planning Si�A FROM: Rachel Clyne, Planner, Long Range Planning DATE: October 1, 2007 RE: County Initiated Request to Amend the text of the Comprehensive Plan's Future Land Use Element by Creating a New MHRP, Mobile Home Rental Park (up to 8 units/acre), Land Use Designation for Mobile Home Rental Parks; (CPTA 2007010078-57475) • It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of October 23, 2007 DESCRIPTION AND CONDITIONS This is a County initiated request to amend the text of the Future Land Use Element of the County's comprehensive plan. The intent of this amendment is to create a new MHRP, Mobile Home Rental Park (up to 8 units/acre), land use designation for mobile home rental parks that are fifteen (15) acres or more in size and are located within the unincorporated portions of the County. This text amendment will affect the 12 existing mobile home rental parks that are listed in the table below. The purpose. of this text amendment is to correct existing non -conformities and to provide more protection for the mobile home owners in these rental parks from conversion of the parks to other uses and displacement of the existing mobile home owners. Comprehensive Plan Amendment and Rezoning Review Procedures Although the number of plan amendments that a local government may consider is not limited, state law regulates the frequency with which local governments may amend their comprehensive plans. According to Florida Statutes, plan amendments are limited to twice per calendar year. For that reason, the County 0 • accepts general plan amendment applications only during the "window" months of January and July. In this case, the subject application was submitted during the January 2007 window. The procedures for reviewing comprehensive plan amendments involve several steps. First, the Planning and Zoning Commission, as the Local Planning Agency, conducts a public hearing to review the request. The Commission has the option to recommend approval or denial of the Comprehensive Plan amendment request to the Board of County Commissioners. If the amendment request is to change a land use designation on the Comprehensive Plan's Future Land Use Map (FLUM), the Planning and Zoning Commission may also 'recommend approval of or deny any associated rezoning request. If the rezoning request is denied, only the land use amendment request is forwarded to the Board, unless the denial to rezone is appealed. Following Planning and Zoning Commission action, the Board of County Commissioners conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to the state Department of Community Affairs (DCA) for further consideration. In the case of a FLUM amendment, a Board of County Commissioners decision not to transmit the land use amendment to DCA constitutes denial of both the land use amendment and rezoning requests. If the Comprehensive Plan amendment is transmitted, DCA conducts a review, which includes soliciting comments from the Treasure Coast Regional Planning Council, several state agencies, and neighboring local governments. After its review, DCA compiles its comments in an Objections, Recommendations, • and Comments (ORC) Report and transmits that report to the County. Subsequent to staff addressing any issues that were raised in the ORC Report, the second and final Board of County Commissioners public hearing is conducted. At that time, the Board takes final action to approve or deny the land use amendment and any rezoning requests associated with the land use amendment. If the Board approves the request, the approved amendment is submitted to DCA for a compliance determination. The effective adoption date is when the amendment is found "in compliance" by DCA. This public hearing is the last step in the comprehensive plan amendment process. At this time, the Board of County Commissioners must decide whether or not to adopt the comprehensive plan amendment. BACKGROUND On October 24, 2006, the Board of County Commissioners (BCC) directed staff to initiate a comprehensive plan text amendment of the Future Land Use Element to create a new MHRP, Mobile Home Rental Park, land use designation for mobile home rental parks. The intent of the Board of County Commissioners is to establish a land use designation category that allows only rental mobile home parks. Once this new land use designation is applied to existing mobile home park properties, the owners of those properties will need to amend the County's comprehensive plan in order to convert the parks to any other use. Since the comprehensive plan amendment process generally takes more than a year, the process and time required to complete the process may protect homeowners in rental parks from displacement associated with mobile home park conversions. 0 • On April 12, 2007, the Planning and Zoning Commission reviewed this amendment. During discussion of the amendment, some members of the Commission expressed concern as to whether the amendment, as proposed, would provide adequate protection to the residents of mobile home rental parks. The Commission, however, did vote 5 to 1 to recommend that the Board of County Commissioners transmit this request to the state Department of Community Affairs for review. 0 Subsequent to approval of the above referenced motion, a separate motion was made to recommend that the Board of County Commissioners, either in lieu of the amendment or in addition to the amendment, establish a provision that would require that mobile home rental park owners provide a 24 month notification to tenants of a park prior to converting the mobile home rental park to another use. The Planning and Zoning Commission voted 6 to 0 to approve this motion. At the transmittal hearing, staff from the County Attorney's office advised the Board of County Commissioners that Florida Statute §723.061(1)M) specifically requires that a mobile home rental park owner provide at least 6 months notice to mobile home park tenants prior to eviction. According to the County Attorney, that state law pre-empts the County from adopting an ordinance requiring 24 month notification, because such an ordinance would be inconsistent with state statute. Also at the transmittal public hearing, the Board decided that two properties which are designated CII, Commercial/Industrial, should be eliminated from the list of mobile home rental park properties subject to change to MHRP. In addition, the Board directed that the minimum acreage size of mobile home parks to be considered for the land use designation amendment. be raised from 10 to 15 acres. As a result, 779.86 acres of mobile home rental parks were affected rather than the original 806.23 acres. Subsequently, the Board of County Commissioners voted 5 to 0 to transmit the proposed comprehensive plan text amendment to the Florida Department of Community Affairs (DCA) for state review. On July 20, 2007, the County received a DCA Objections, Recommendations, and Comments Report, indicating that the State had no objections to the proposed amendment and that the County could proceed with adoption of the amendment. Mobile Home Rental Parks Over 15 Acres Rental Park Name Address Zoning Land Use Acres Number of MH Number of RV Shady Rest MHP 13225 US 1 RMH-8 L-2 15.70 117 0 Tanglewood Village MHP 1060 US 1 SW RMH-8 L-2 17.57 124 18 Holiday Village MHP 1000 SW 27th Avenue RMH-8 L-2 18.18 128 0 Midway Estates MHP 1950 South U.S. 1 RMH-8 L-2 28.00 180 0 Ranchland Mobile Park 2055 82nd Avenue RMH-8 M-1 16.01 108 0 Beach Cove 100 99th Street RMH-8 M-1 31.57 77 0 Countryside South 1405 82nd Avenue RMH-8 M-1 64.13 287 0 Heritage Village (Plantation) 1101 Ranch Road RMH-8 M-1 65.09 436 0 Lakewood Village MHP 1455 90th Avenue RMH-8 M-1 71.50 376 0 Heron Cay 1400 90th Avenue RMH-8 M-1 129.86 587 0 Countryside North 8775 20th Street RMH-8 M-1 147.71 644 0 Village Green 7300 20th Street RMH-8 M-1 174.54 780 0 Total 779.86 3,844 18 • ANALYSIS Currently, County Comprehensive Plan Future Land Use Policy 1.14 allows mobile home parks only in the M-1, Medium Density Residential -1 (up to 8 units/acre), or the M-2, Medium Density Residential -2 (up to 10 units/acre), land use designations. As indicated in the table above, four mobile home rental parks are located in L-2, Low Density Residential -2 (up to 6 units/acre), areas. These four mobile home rental parks were created prior to the current comprehensive plan and are "grandfathered" uses that currently are considered legal non -conforming uses. As proposed, this text amendment will correct these non -conformities by creating a land use designation that will allow these properties to be changed to a land use designation that permits mobile home rental parks. Within the County, there are two types of mobile home parks. One type is a platted mobile home park subdivision where individuals own their lots. To rezone a platted mobile home park, all of the residents of the park would have to agree to the zoning change. This offers the residents of platted parks more protection from conversion and displacement. The other type is an unplatted rental mobile home park where tenants rent their lot rather than own their lot. In this case, the owner of the mobile home rental park can apply to rezone the property without the support of the residents of the park. In Florida, mobile home parks have had a significant role as a popular affordable housing option. As property values have escalated within the last 5 years, however, mobile home parks elsewhere in Florida have been converted to other uses, leaving those who rent their mobile home lots few affordable housing options. Creating a land use designation for mobile home rental parks that are 15 acres or more in size will offer some added protection to the residents of these parks from park owners who may want to convert their mobile home parks to other uses. Currently, the existing mobile home parks listed in the above table are located on properties that have a residential land use designation. If the owner of a mobile home rental park should decide to rezone to another residential zoning district that is allowed under that land use designation, the rezoning process could be done in a little as 3 months. This does not provide the renters in these parks adequate time to relocate. With the new MHRP land use designation, mobile home rental park owners will have to follow the comprehensive plan amendment process to convert a park to a different use. This process involves 3 public hearings, one before the Planning and Zoning Commission and two before the Board of County Commissioners, as well as approval by the state Department of Community Affairs. The entire process may take a year to complete. This will increase the time involved in converting a mobile home park to another use, and it will afford the residents of those parks an opportunity to participate in the land use amendment process by providing comment and feedback at public hearings. Because comprehensive plan amendments are legislative matters, the Board of County Commissioners also has more discretion to deny a comprehensive plan amendment request. To establish the MHRP land use designation, Future Land Use Element Policy 1.2 must be amended, while FLUE Policy 1.14 must be modified to clarify which mobile home residential uses are allowed under the M-1, Medium Density Residential -1 (up to 8 units/acre), and the M-2, Medium Density 0 • Residential -2 (up to 10 units/acre), land use designations. New FLUE Policies 1.14.1 and 1. 14.2 must also be created to define the location, the maximum density and the uses allowed in the MHRP, Mobile Home Rental Park, land use designation. Attachment 4 contains the revised and new FLUE Policies with the proposed additions to the text of the FLUM shown as underlined and deletions shown as s#ilethrettgh. Consistency with Comprehensive Plan Land use amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the county code, the "comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3 177(2), FS." Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation, commercial and industrial land uses and their densities. The goals, objectives, and policies are the most important parts of the comprehensive. plan. Policies are statements in the plan, which identify actions the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions -including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3. . Future Land Use Element Policy 14.3 In evaluating a land use amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a land use amendment request. These criteria are: • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances affecting the subject property; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. This proposed land use amendment meets the policy's second and third criteria. Presently, there are four mobile home rental parks that existed prior to adoption of the current comprehensive plan and that are non -conforming uses under their existing land use designations. By changing the land use designation of these mobile home rental parks to MHRP, this oversight will be corrected. 0 • As property values have escalated within the last 5 years, mobile home parks elsewhere in Florida have been converted to other uses, leaving those who rent their mobile home lots few affordable housing options. This change in the housing market conditions constitutes a substantial change in circumstances warranting a redesignation of these unplatted mobile home parks to MHRP. For these reasons, the proposed text amendment meets the second and third criterion of Future Land Use Element Policy 14.3. Summary of Consistency with the Comprehensive Plan While the referenced policy is particularly applicable to this request, other Comprehensive Plan policies and objectives also.have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan. CONCLUSION As proposed, this text amendment will create a land use designation that allows only mobile home rental parks. This land use designation will provide a measure of protection for renters in these parks from conversion of the parks to other uses. Consequently, the proposed amendment will not generate the types of impacts that an increase in density or intensity would create. For these reasons, staff supports the request. RECOMMENDATION • Based on the analysis, the Planning and Zoning Commission and staff recommend that the Board of County Commissioners approve the proposed text amendment to create a new MHRP, Mobile Home Rental Park (up to 8 units/acre), land use designation by revising FLUE policies 1.2 and 1.14 and by creating new FLUE Policies 1. 14.1 and 1.14.2, adopt the attached ordinance, and direct staff to submit the adopted amendment to the state Department of Community Affairs for compliance review. ATTACHMENTS 1. Comprehensive Plan Text Amendment Application 2. Inter -office Memorandum from Commissioner Wheeler 3. Excerpt from minutes of October 24, 2006 Board of County Commissioners Meeting 4. Revised FLUE policies 5. Excerpt from minutes of April 12, 2007, Planning and Zoning Commission meeting 6. Excerpt from minutes of May 8, 2007, Board Of County Commissioners meeting 7. Comprehensive Plan Text Amendment Ordinance F:\Community Development\UserALONG RANGE\CompPlan Amendments\2007 Jan\CPTA for MHP\BCC Adoption item CPTAdoc 0 • Approved Agenda Item By: - For: October 23, 2007 • • 7 Indian River Approved Date -County Admin. Legal 40C I / Budget Dept Risk Mgr. -07 APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT (CPTA) INDIAN RIVER COUNTY Planning Division accepts Comprehensive Plan Text Amendment applications only during the months of January and July of each year. Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: CPTA - Name: Complete Mailing Address: Current Owner/Applicant Indian River County Board of County Commissioners 1840 25 Street, Vero Beach, FL 32960-3365 Agent Community Development Department Staff Same Phone # (including area code (772) 226 —1668 Same Fax # (including area code) E -Mail: (772) 978 — 1806 Same Contact Person: Gale D. Carrr>oney Signature of Owner or Agent: Please attach the following items to this application. Do not ignore any of the following items. Indicate WIA" if an item is not applicable. I . What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub -element, page number, and if applicable, the objective and policy number(s). FLUE 2. What is the exact language proposed to be added and/or deleted from the plan? See file 3. What is the purpose of the request? To add a land use designation to the FLUE and FLUM specifically for Mobile Home Parks 4. What is the justification for the request? 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. 6. Provide an analysis of the proposed amendment's impact on public facilities and services. No change to current conditions 7. Provide an analysis of the proposed amendment's environmental impacts. 8. Provide a check, money order or cash in the amount of S2,600.00 made payable to Indian River County. N/A THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. FACommunity Development\Users\LONo RANGE\CompPlan Amendments\2007 Jan\CI CPTA LUDA for MHP\CPTA application.doc 1 UTACMIff W4. I • �J OCTOBER 24, 2006 ITEM 13.6.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE M E M O R A N D U M TO: Members of the Board of County Commissioners DATE: October 9, 2006 SUBJECT: Mobile Home Parks FROM: Gary C. Wheeler, Commissioner It is requested that the Board of County Commissioners considerthe following at its regular meeting of October 24, 2006. A. I would like to request that the- Board give direction to staff to amend the Comprehensive Land Use Plan to establish a Mobile Home Rental Park (MHRP) Land Use category that allows mobile home rental parks with accessory uses (clubhouses, swimming pools, etc.) and no other types of uses. B. Direction to staff to change the Land Use designation of all existing Mobile Home Rental Parks to MHRP-6 (for existing RMH-6 parks) or MHRP-8 (for existing RMH-8 parks). This would not increase the density of any MHRP. This is to give security to park space renters from the potential of rezoning MHRPs for other uses. GCW/kim FABCC\Agenda Item Am%\wheeler MHP - 2.doc ATTACHMENT 2 I t CHAIRMAN Chairman Neuberger n ed to show recog Points of Light pient whom he met when he to Mr. Cameron Mays, who was a e Governor's Points of Light ,. I3.B. COMMISSIONER GARY C. WHEELER VICE CHAIRMAN MOBXZElYDMEPARKS • Commissioner Wheeler read his memorandum of October 9, 2006 requesting the Board to direct staff to amend the Comprehensive Land Use PIan and change the Land Use designation of all existing Mobile Home Rental Parks in an effort to secure Park renters from potential rezoning leading to their eviction from their home sites. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Lowther, the Board unanimously approved to direct staff to include in the January 2007 submittal window of Land Use changes to the Department of Community Affairs (DCA) to amend the Comprehensive Land Use Plan to establish a Mobile Horne Rental Park (NMFRP) Land Use Category that allows mobile home rental parks with accessory uses (clubhouses, swimming pools, etc.) and no other types .of uses; and directed staff to change the Land Use designation of all October 24, 2006 • 66 NT1HE 3 . 0 .1 1. 3.A Co E existing Mobile Home Rental Parks to MHRP-6 (for existing RMH-6 parks) or MHRP-8 (for existing RMH.8 parks), as recommended in the memorandum of October 9, 2006. S "NA'AJ The Chairman announced that mediately u on adjournment, the Board would reconvene as the $oard of Commissio ers of the Emergenc ervices District. The Minutes are being prepared separately and appe ded to this document. I4.A. I. APP TEAL OF MINUTES OF MF. F.Tnvn_ n A r. UTILITYEASEMENT FOR EMERGE] October 24, 2006 67 Comprehensive Plan Future Land Use Element • PolicY 1_2: Indian River County hereby adopts the following land use designations to be depicted on the Future Land Use Map: 0 C-1, Conservation -1 (zero density) C-2, Conservation -2 (up to 1 unit/40 acres) C-3, Conservation -3 (up to 1 unit/2 acres) AG -1, Agriculture -1 (up to 1 unit/5 acres) AG -2, Agriculture -2 (up to 1 unit/l0 acres) AG -3, Agriculture -3 (up to 1 unit/20 acres) R, Rural Residential (up to 1 unit/acre) T, Transitional Residential (up to 1 unit/acre; or up to 3 units/acre for Planned Development Projects) L-1, Low -Density Residential -1 (up to 3 units/acre) L-2, Low -Density Residential -2 (up to 6 units/acre) M-1, Medium -Density Residential -1 (up to 8 units/acre) M-2, Medium -Density Residential -2 (up to 10 unit/acre) MHRP, Mobile Home Rental Park (up to 8 units/acre) BCID, Blue Cypress Improvement District (up to '10 unit/acre) CA, Commercial/Industrial RC, Regional Commercial PUB, Public Facilities REC, Recreation Mixed Use (floating land use designation; not depicted on the future land use map) Policy 1.3: Indian River County shall maintain, periodically review, and revise if necessary, its various zoning districts (including special districts) and overlay districts as may be warranteto ensure the implementation of the comprehensive plan. Thezoning districts shall be based on the comprehensive plan and shall directly govern specific land uses, lot area, building type, and size and dimension criteria. Additionally, Indian River County shall maintain, periodically review,revise if necessary, and enforce land development regulations. Those land development regulations shall be the primary mechanism through which the county shall implement the Comprehensive Plan. The criteria and standards established in the various elements of the comprehensive plan shall be the basis for the land development regulations. Those regulations shall include, but not be limited to, provisions for: • The use of land and water consistent with the Future Land Use Map and the Comprehensive Plan; • The subdivision of land; • Community Development Department Supplement 10; `1r! Attachment 4 Indian River County 69 Comprehensive Plan Future Land Use Element Policy 1.13: The Medium -Density Residential Land Use designations shall be applied to those • areas, which are suitable for urban scale development and intensities. Those areas shall be limited to lands that are located within the urban service area and near existing urban centers. Policy 1.14; Development in medium -density residential areas shall be limited to the following: Single -Family, Multiple -Family, and Mobile Home Residential Uses (excluding Mobile Home Rental Parks 15 acres or lar er) up to 10 units/acre in M-2 designated areas up to 8 units/acre in M-1 designated areas Recreation Uses up to 0.35 FAR Public Facilities up to 0.35 FAR Institutional Uses up to 0.35 FAR Schools (not including business and vocational schools) up to 0.35 FAR Professional Office Uses as permitted by Future Land Use Element Policies 1.31 & 1.37 up to 035 FAR The FAR of mixed use projects shall be calculated by assigning a portion of the total development area to each use. The sum of the portions assigned to each use must equal the total • development area. An exception shall be allowed for accessory residential uses within primarily non-residential projects. That exception shall allow the entire development area to be used to calculate the number of units allowed, without restricting the amount of development area available for calculating the maximum FAR for primary. uses. Policy 1.14.1 • The Mobile Home Rental Park Land Use designation will be applied only to those properties that contain mobile home rental parks fifteen (15) acres or more in size within the unincorporated portions of the County and limited to lands that are located within the urban service area. Policy 1.14.2: Development in a Mobile Home Rental Park Land Use designation shall be limited to the following: Mobile Home Residential Uses ui)to 8 units/acre Recreation Uses up 'to 0.35 FAR Public Facilities up to 0.35 FAR Institutional Uses . Lip to 0.3 5 FAR • Community Develo went De artment Indian River County 73 Supplement 10; 110/23/2007 Attachment 4 El r Utility faG W4__WW"he Rendition the ti ff Chairman Bruce read the following into record would want to combine Items B and C at the same time: and asked staff if they B. County Initiated Request to Amend the text of the Comprehensive Plan's Future Land Use Element by Creating a New MHRP, Mobile Home Rental P&Z / Approved F:1Community DevetopmenhUser-S ANG RANGMCompPlan Amendments12007 JanICPTA for MHPIPZC minutes !o 12007MHR'P doe • Attachment 5 • • Park (up to 8 units/acre), Land Use Designation for Mobile Home Rental Parks (CPTA 2007010078-57475) [Leglslat(ve] C. County Initiated Request to Amend Redesignate ±806.23 Acres From units/acre) L-2, Low Density - 2 Commercial/Industrial to MHRP, 20070 f0078-57475) [Leglslative] the County's Comprehensive Plan to M-1, Medium Density 1 (up to 8 (up to 6 units/acre) and C/l, Mobile Home Rental Park (LUDA Mr. Gale Carmoney, IRC Senior Planner, Long Range Planning, reviewed .the Comprehensive Plan Amendment Process as a refresher for the P&Z and to inform the public. He explained there was no limit to the number of Comprehensive Plan Amendments that were submitted, but was limited to the frequency of the Comprehensive Plan Amendments in which the Florida Statute Section 163.3177(2) dictates there were only two Comprehensive Plan Amendments per year for each local government. He continued in the County's case, Comprehensive Plan Amendments were submitted during the months of January and -July and submitted to the IRC Community Development Department to be reviewed by staff for completion and then would establish a date for a Public hearing and where the staff report was submitted to P&Z. He mentioned there were three public hearings, the first hearingwould be before the P&Z in which the Commission makes a recommendation to the BCC whether to adopt or deny each of the Comprehensive Plan Amendments. The second hearing would be before the BCC in which if approved would be submitted to the State's Department of Community Affairs (DCA) and seven other agencies for review. He noted the DCA has up to 60 days to write objectives, recommendations, and - comments to the County, if there were issues, IkC staff would then need address those issues and write another staff report to the Board to explain that. He explained the third public hearing was where the Board would either adopt or deny the amendments sent back to DCA for review, then the DCA has 45 days to send a notice on whether it was approved to the County. Mr. Carmoney reviewed the information contained in his memorandum, a COPY of which is on file in the Commission Office and noted all parks, mentioned were 10 acres or more in size. He stated the intent of the land use designation to .provide more protection for the renters in the Mobile Home Rental Parks (MHRP) from conversion to other residential uses. He mentioned MHRP had always been a really popular affordable housing option particularly in Florida and there were two types of parks which were either platted or un -platted. He indicated in the platted MHRP the individuals actually own the lots and the un -platted lots were rented out, therefore if the owner of the MHRP decided to change the zoning, the individuals renting had very little say on the process. P&Z / Approved 2 F:1Community DevelopmentlUsersILONG RANGE1CompPlan AmendmentsC2007 JaMCPTA for MHPIPZC minutes fortMH2RP.doc, Attachment 5 • • • Mr. Carmoney pointed out completed in three to four months, typically a re -zoning application could be the new land use designation the i MHRP f there owner would go through issues and with comprehensive plan amendment process in order to change the land use designation from the MHRP to an uld go through the entire . other land use designation in which the process could take up to nine or ten months, this would give the renters alternative housing options and also an opportune . to more time participate in n find Comprehensive Plan Amendment process. �' the Mr. Fletcher questioned the land use. designation for. MHRP w only. Mr. Carmoney stated staff selected only the MHRP's over as for rentals -platted MHRP's. Mr. Fletcher clarified it mix of owner/rental. ten and all of those were unacres in size would not be a Mr. Christopher wanted to know if there would be designations from six to eight units per acre and others from ten to eighangeht of certain acre. Mr. Carmoney indicated the zoning would change allowinga new designation with a maximum of eight units per to eight units per p acre. land use Mr. Keating mentioned two MHRP in the L-2 ; designation that allows eight units up to six units per acres , but per acre. He concluded this was entitlements, just reflecting what the zoning was and non -conforming with the existing land use designation. trea which was a land use one of those was zoned at lot giving any additional some of those parks were Ms. Keys questioned why the parks were limited to ten acres or Carmoney stated those parks with less than ten acre could be d more. Mr. amendment, which would only take three or four months because Stth a scale land use amendments were for those parcels of properties less mall scale size, than ten acres in Chairman Bruce needed more clarification on the small scale amendment. Mr. Keating related the time involved reals iv land use the renters, and if a property was under ten acres a small scale land use amendment would take the same amount t y g es the protection to meas a rezoning was not limited t change Pointed out the small scale land use amendment . He year uirements t and could be done at anytime with fewer procedural req o twice a year Chairman Bruce opined it was really not protecting those re parks. Mr. Keating stated the reason was it would becomeeters in srra iter an nightmare if there were very small arep as on a land use ma trying to designate it administrative as a different color. Mr. Keating told the 'i'&Z !Approved P&Z, staff had discussed this with the •FACommunity DevetopmenhUsersiLONG RANGEIcompPlen April 12, 07 Am dments120g7 Jan\CP7A for MHP1pZC minutes fior MHRP.d.d oc Attachment 5 Y BCC Chalrman who was the Initiator, and h to leave off the smaller mobile home arks. a p agreed it would still meet his intent Ms. Keys noted the BCC Chairman's Intent was the Motion'tha made. was to direct staff to change land use designation of all n' - t the BCC She detailed the..parks under ten acres actually comprise 478 units sting MHRP. and the state statute for Mobile Home Act applies to parks ten units or more. would be better to follow suit with the state and include those ark he opined it ten units or more instead of going in and doing an individual change. which had Mr. Keating explained doing that would provide no additional because it was a small scale amendment and It could be chan protection would take to do a rezonin ged in the time it differently If it would not protect t es people eys felt tf maybe it should be looked at just to give people more notice that their MHRP land use was was making the change ng changed. Ms. Keys asked how much notice of eviction the renter would owner sells the MHRP. Attorney DeBraal responded the renter would if the months notice by Florida Statute. get six Ms. Keys was concerned about the renters of a MHRP on i needles waiting for the owner to Pins and Amendment change for 18 months then still has six x months notice-tothe e evict. Plan • wondered if P&Z could make a law in the unincorporated evict. She eviction due to land use change has a mandatory24 months notices so that any Attorney DeBraal replied as it stands today, if a MHRP own change the park and evict the residents, all the owner had to do s wants t was with the renters and proceed with the Zoning change, if necessa file notice in some instances, the zoning changing might not be nery. He remarked the easy ones for the owners to do. cessary and those were Mr. Keating mentioned there was legislation being disc Tallahassee to require local governments if they change the land us discussed in MHRP, -to provide a significant amount of money to each tenantso es zoning for all of costs of moving. He also stated every land owner i they recoup rights and the right to petition to change its land use. in the County has Mr. Christopher asked ifthe small scale amendment w County Ordinance. Mr. Keating replied it was a State Law. as a State Law or Chairman Bruce opened the public hearing at 7.45 p.m. P&Z / Approved F;lcommunity Developmentlusers\LONG RANGE1Compman Ame dmeots12007 Jan1CPTA for MHP1PZ April 12, 2007 . MHRp.doc Attachment 5 C minutes for Mr. Robert Nece, 7000 20th this was a Street, Vero Beach, addressed Ms; approved if would give a little more Time and w Process again to be Chang han ed. would go through h the that if and a developer g His belief was if it comes u g same process, p wants to change the zoning Ms. Keys g it would p again in the future thea asked Mr. Nece if he un It WO odgf tbackkehrough the same in the affirmative and e; he would only also noted the developer u°nths notice. developer does get be denied. Mr. Nece replied d go through the process and Mr. Nece detailed a lot of developers were coming in and bu People were opsin d make a lot more ying MHRp to g their lifestyles because MHRp money. He indicated a put in housing or condominiums got together to see if the group of. residents from meeting was Y could preserve their lifestyles and the different assistance, support a product of those pport and approval for thesetlnos He appreciated F&Z p posed amendments b everybody's Mr. Ralph Mutchnik, Ranchland Y the BCC. been in the Mobile Home business for 40 bile Home Park Owner, state change in the business be homes ever d he had Years and noted there had .been a big sell some o f the homes over the e deteriorated and was im os change to mobile home rental past two p slble to owners had to Years. should felt if there was to be a Put in a new home therewouldbe nmes o prod be next to it, so when Mr. Keating stated it had been discussedproblem. said the difference and could be looked in Housing Urban Development a mobile home was certified b further explained (HUD to. He at the federal.level and built inDa Department °f explained a modular home was certified b Flirt FloridaaBuilg Code. He indicated Y the DCA and built tryo the housing and kept modular homes had been treated as stick prop°Sod maybe dkemodular homes looking at allowing Separated from mobile homes. g modular homes in mobile home He A discussion ensued on parks. Mobile Homes and Modular Homes. Mr. Robert Handle, Resident of • people would be at risk if their propeCf Village'Green, stated there homes regardless of the cost, has had tremendous purchased bdeveloper were their done to, them. He felt this would dust be aemendous amp nts of m ero and their trying to do to save their homes for right bandage for what the residents g now. were Ms. Claire Ranahan Sebastian, indicated approxi' Residen# of Shad Shady Rest Mobile mately one Y Rest Mobile Home Home park went u Year ago the residents were notifiepark, market in November. 2.006 She s#at. d the p for sale and was finally taken P&Z/Approved ed if the mobile h© Off the F;iCornmunm,pevelopmennusersiLONG R,gNGE1Com Pla me Was 24 s years of age or COMPPlan Amendments12007 Jantcpm for MHpxpzc minutes troy I '12, 2 oo • A.pn� 12, 200 Attae#jinent 5 older there was no company willing to risk movingIt: and th i were very high. She was ha e moving expenses had a �coalltlon gathering of mobile home Vresid nits Village find Green ay to Home Park some protection. y to give renters Ms. Keys asked how many units were in the Shady Rest Mobile Home Park, Ms. Ranahan indicated there were 117 units. Mr. Clay Price, 1405 46th Avenue, Vero Beach, spoke on behalf of the .owner of Shady Rest Mobile Home Park, and questioned the purpose 'of the amendment. He wondered if this would limit what the mobile home park owner could do in as much as changing the use from a mobile home park to 'a condominium association or something in a residential use that does not change the use as it related to rezoning for sale into some kind of commercial development. Mr. Keating detailed it would impede the change to a commercial use also and basically was establishing a new land use designation, that essentially allows only one type of use as MHRP; where currently it was zoned general RMH-8 and in the medium density residential land use designation. He concluded this would create a land use designation unique to mobile home parks and make it more difficult for a mobile home park owner to change to another use. • A lengthy discussion ensued by Mr. Price on several mobile ho me parks and if the MHRP wanted to change to commercial use how would the proposal change what they currently needed to go through. Mr. Keating stated it would not change at all. Mr. Price reiterated it does not offer any further protection to the mobile home resident if they, meaning the owner, wanted to change the use to conform with the surrounding land use. Mr. Price wondered if there was anywhere else in the state that had this land use designation for mobile home parks. Attorney DeBraal stated there were none to his knowledge, however St. Lucie County had expressed interest in watching this as well as other counties. Mr. Price opined IRC was proposing something not out there for any other mobile home community within the State of Florida. Mr. Keating felt there were jurisdictions in the state that had land use categories oriented for just mobile homes and what IRC was doing was not unique. Mr. Price concluded as a taxpayer and resident of IRC, he questioned the Change of zoning on two. of the MHRP properties from their current zoning which P&Z / Approved F:\CommunityD®velopment\Users\LONG RANGE\compP(an Am dments\2007 Jan\CPTA for MHP\PZC minutes foriM12, 2007 HRP.doe • Attachment 5 • allowed commercial and industrial, In which one ark was . zone commercial. He wondered if there was a potential of being sued forda loss of rights on land use and property rights by doing that and what would be the status If it does happen. Attorney DeBraal explained the action would be it was a vested right to a specific and existing use with the existing use being mobile home parks. He opined if th6 County was to be sued, it would need to be shown that it was an existing use and the use of the real property was a vested right to a specific use with respect to the real property as a whole because the property was not being used as commercial or industrial. Ms. Keys was concerned about the six month notice and felt it was not enough time to sell a home. Attorney DeBraal said this was a creature of the statute and at a local level it would be difficult to fix. He noted the legislature has stated it was the law. Ms. Keys asked if .the state says that P&Z could not force a MHRP owner to give more than six months notice and gave the example of a judge in West Palm Beach, Florida who gave 18 months. She felt it should be looked into a little bit further because this "bandage" would not do much. Mr. Fletcher referred to the City of Vero Beach with Dodgertown when the Dodgers decided to sell it to a developer; the residents in that mobile home park were given six months and it took a year to settle. He pointed out the state would give the property owner the option to sell the property above the rights of a renter. A discussion ensued on the amount of notice given to a renter in the MHRP and the change in zoning. Attorney DeBraal mentioned it was up to the MHRP owner to recognize that this process of .rezoning would take a long time and be generous with the residents and allow them to stay past six months, but was not required. Mr. Price said it was in the economic interest of a property owner to seek the highest best use and the 'owner or developer would always try to maximize their income or cash flow. A.J. Walden, Southgate Mobile Home Park owner, made it clear that . he had no intentions of selling or changing the'zoning. He did of like the fact that In 20 years, if he decided to sell Southgate Mobile Home Park, then he would n to try to get the original zoning back. eed P&Z / Approved 7 F:1Community DevelopmentlUsersILONG RANGE1CompPlan Amendments12007 JanIOPTA for MHPIPZC minutes orIMHRP.doo • Attachment 5 • Mr. Nece discussed the time frame and stated residents at a mob' park had no say when it comes to a sale. He expressed if there bil wasme unsolicited or solicited offer to the MHRP owner, the residents wou�id need to react almost immediately in trying to get as man thousands of dollars to purchase the park. He felt tl ast if this ameoe 88iendment was Passed would give the residents more time and a, say. Ms. Bobbie Cersare, Village Green Resident, commented there was not a home for sale in Village Green that was $150,000; however an individual may have ordered a home with special perks of their own choosing. She recalled the purchase of Dodger Pines Country Club property and the residents Pines were evicted while the land was still vacant and an eyesore. of Safari Chairman Bruce closed the public hearing at 8:42 p.m, Ms. Keys reiterated according to the state there must be a six month notice of eviction and the state statute says that tenants affected were given at least six months notice of the projected change of use. She pointed out it does not keep P&Z from giving a 12 or 24 month requirement, therefore giving the tenants more protection than a Comprehensive Plan change. Mr. Christopher asked Attorney DeBraal if there were any cases on this . and asked him to look into the matter before this would go before the BCC. ON MOTION BY Mr. Christopher, SECONDED BY Mr. Fletcher, the members voted (5-1) to recommend the Board of County Commissioners adopt item B of staff's recommendation to change land use designation to Mobile Home Rental Parks. Ms. Keys Opposed. ON MOTION BY Mr. Christopher, SECONDED BY Mr. Fletcher, the members voted (5-1) to recommend the Board of County Commissioners adopt item C Of staff's recommendation to change land use designation to Mobile Home Rental Parks. Ms. Keys Opposed. Chairman Bruce called for a break at 8:47 p.tri, and resumed the meeting at 8:55 P.M. g MOTION BY Ms. Keys, SECONDED BY Mr. P&Z /Approved Christopher, the members voted unanimously (6-0) FACommunity De'VelopmenhUsersILONG RANGEICompPlan Amendments12007 JanICPTA for MHPIPZC minutes f�or�M12, HRP?doo7 • Attachment s to recommend the Board of County Commissioners consider extending the six month notification Period to 24 months in iieu of, or- in addition to, the Comprehensive Pian Amendment change, wl--7T7. U P&Z I Approved ' fACommunity DMIOPmenNUserMLONG RANGMOMPPIan Arne dments12007 JanICPTA for MHPIPZC minutes for MHRP. . April 12, 2007 doc Attachment 5 • Reclaimed Water, and authorized the Chairman to execute the same, as recommended in the memorandum of April 16, 2007. ON FILE IN THE OFFICE OF THE CLERK TO TWBOARD AGENCIES VA F.1i Y ON MOTION Commissioner Davis, S CONDED • /-approve ner Flescher, the Board unai . ously se of Grant money for the purch e oflletproof vests through the Bureau ftance Bulletproof Vest Partnership uested in the letter of April 13, 2007. ==+N- 9. PUBLIC ITEMS 9•A. PUBLICHEARINGS 9.A. -1. COUNTYINITI ITED: RE (EST TO AMEND THE TEXT OF THE COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT BY CREATING A NEW MHRP MOBILEHOME RENTAL. PARK UP TO 8 UNITS/ACRE LAND USE DESIGNA TION FOR MOBILE HOME RENTAL PARKS (LEGISLATIVE) May 8, 2007 9 ATTAMENT 6 • PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Clerk's Note: Public Hearings for Items 9.A.1. and 9.A.2, were addressed together since they are interrelated. Community Development Director Robert Keating used a PowerPoint presentation (copy on file) to explain the process of submitting a Comprehensive Plan Amendment. He informed the Board that this item was brought back from the Oetober 24, 2006 meeting, where staff was directed to create a new Land Use Designation for mobile home rental parks that would provide more protection to the owners who rent spaces and could be displaced, should the park owner opt to sell the park for another use. Director Keating explained how creating a separate • mobile home rental park (MHRP) Land Use Designation would benefit those who rent their spaces. He requested the Board to: (1) create a new MHRP Land Use Designation; (2) apply that Designation to the 14 existing mobile home rental parks; and (3) direct the County Attorney's staff to research the 24 month notification period to see if it could be implemented. The Board asked questions of Director Keating and County Attorney Collins to gain a better understanding of the notification timeframe requirement, number of units per acre, the ten acre threshold, and the land density in mobile home rental parks. Chairman Wheeler and Commissioner Davis wanted to remove the two parks that were designated as commercial industrial (C/1) from the properties list, which would allow all other parks to conform to the low density (L-2) and medium density (M-1) land use designations, while still meeting the eight unit per acre threshold requirement. • May 8, 2007 10 The Chairman opened the public hearing. Robert Bower, 7300 20`h Street, Village Green, represented the Coalition of Mobile Manufactured Homeowners of Indian River County. He agreed with Director Keating and requested the Board approve the Land Use Designation change. Lynn Lucier, Midway Estates, explained that her mobile home park consisted of renters and shareholders. She had purchased a share and voiced concern that should a hurricane demolish the property that the shareholders would be left holding "empty land". She wanted the Board to consider the 65 shareholders as well as the 45 renters living in the park. Chairman Wheeler explained that the objective of the land use change is to try to protect the people, their home investment, and make it difficult for the park owners to change the land use designation. • Bob Nece, 7000 20t11 Street, Village Green, expressed that the mobile home park was the lifestyle he chose and he wanted the Board to protect his home. Jennifer Vanhoose, 480 10`" Place, Beach Cove, urged the Board to look at the entire County ordinance and how it applies to the mobile home rental parks before passing the ordinance. Michael Battaglini, Southgate Village, requested the "family owned" park be excluded from the list and suggested increasing the land use designation size from ten acres or more to fifteen acres or more. Jack Borgen, on behalf of the owners of Southgate Village, informed the Board that his mobile home park had been family owned for three generations and he wanted the park is May 8, 2007 11 ATTACNENT .:, to continue being grandfathered. He felt that since his park consisted of 10.29 acres and was on the list of ten acres or more instead of ten acres or less, that his park would continue to be nonconforming. He voiced concern that in order to comply, they would have to go from 109 lots to 82 lots, misplacing 27 residents. He requested the Board consider his plea of changing the threshgld from ten acres or more to fifteen acres or more. Bruce Barkett, Attorney for the owners of Southgate Village, requested the Board support Mr. Borgen's request to exclude properties designated commercial industrial (C/I). Claire Ranahan, Shady Rest, told the Board that she could not afford to move and even if she did, no company would agree to move a mobile home that was over 20 years old and those that could be moved would cost $15,000.00 to $17,000.00. She was concerned that there would be a lot of homeless, elderly people, if the Board did not protect the people who rent spaces. Norma Sanderson, Shady Rest, asked the Board to support the mobile home park residents. Fred Schaefer, Southgate Village, revealed that he has Parkinson's disease and is forced to live in a mobile home park because of finances. He was concerned that he would lose his home if changes were made to the park. He wanted the Board to increase the land use designation size to 11+ acres. Danny Ellis, Senior Regional Manager from Kissimmee, Florida, represented MHC Holiday Village L.L.C., owner of Holiday Village Mobile Home Park, and provided a .letter urging the Board not to approve the proposed amendments and listing problems with the proposed amendment to the Comprehensive Plan Amendment (copy on file). He suggested the • May 8, 2007 12 ATT1CHWENT A • • owners get involved to discuss ways to make it continual affordable housing that would protect mobile home residents. There were no additional speakers and the Chainnan closed the public hearing. MOTION WAS MADE by Vice Chair Bowden,. SECONDED by Chairman Wheeler, approved Resolution No. 2007-044, approving the transmittal of a proposed Indian River County Comprehensive Plan Amendment to the text of the Future Land Use Element to the State of Florida Department of Community Affairs, excluding the designated Commercial Industrial (C/1) property of Southgate Village. Chairman Wheeler clarified with Director Keating that changing 10 acres to 15 acres and changing the C/I land use designation would " fix the existing non -conformities." Discussion ensued as the Board and Director. Keating discussed the protection of the residents and their homes in the resident -owned community of Midway Estates. May 8, 2007 • MOTION WAS AMENDED by Vice Chair Bowden, SECONDED by Chairman Wheeler, to change the land use designation size from 10 acres or more to 15 acres or more; and to remove the land use element of C/I. 13 J The Chairman CALLED THE QUESTION. The Board unanimously approved Resolution No. 2007- t 044, approving the transmittal of a proposed Indian River County Comprehensive Plan Amendment to the text of the Future Land Use Element to the State of Florida Department of Community Affairs; eliminating the rental parks designated as C/I and increasing the land use designation size from 10 acres or more to 15 acres or more. 9.A.2. COUNTYINITIATED: RE UEST TOAMEND THE COUNTY'S COMPREHENSIVE PLAN To RE -DESIGNATE �806.23 ACRES FROMM-I L-2, AND C/I TO HRP(LEGISLATIVE) • PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE ;7 OFFICE OF THE CLERK TO THE BOARD Clerk' Note: Thr.'s Public Hearing was addressed with Item No. 9.A.1. ON MOTION by Vice Chair Bowden, SECONDED by Chairman Wheeler, the Board unanimously approved Resolution No. 2007-045, approving the transmittal of a proposed Indian River County Comprehensive Plan Future Land Use Map Amendment Changing the Land Use Designation of 806.23'aeres from M-1, L-2 and C/I to MHRP to the State of Florida Department of Community Affairs. May 8, 2007 14 ATTACHMENT` ORDINANCE NO. 2007 - • AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY REVISING FUTURE LAND USE ELEMENT POLICIES 1.2 AND 1.14; AND BY CREATING NEW FUTURE LAND USE ELEMENT POLICIES 1.14.1 AND 1.14.2 FOR ESTABLISHING THE MHRP, MOBILE HOME RENTAL PARK (UP TO 8 UNITS/ACRE), LAND USE DESIGNATION; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the County received comprehensive plan amendment applications during its January 2007 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on April 12, 2007, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a • Transmittal Public Hearing on May 8, 2007, after advertising pursuant to F.S. 163.3184(15)(b)1 and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs with a request for review, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, and WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on May 22, 2007, pursuant to F. S. 163.3184(4), and WHEREAS, the County received the Florida Department of Community Affairs Objections, Recommendations, and Comments report on July 23, 2007, and 01 of 4 ATTACHMENT 7 ORDINANCE NO. 2007 - • WHEREAS, the Florida Department of CommunityAffairs s had no objections, recommendations, or comments concerning this amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on October 23, 2007, after advertising pursuant to F. S.I63.3184(15)(b); • NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendmentto the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the Comprehensive Plan a. Amend the Future Land Use Element by revising Future Land Use Element Policies 1.2 And 1.14; and by creating new Future Land Use Element Policies 1. 14.1 And 1. 14.2 for establishing the MHRP, Mobile Home Rental Park (Up To 8 Units/Acre), land use designation; (Exhibit A ) SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severabilitv It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance or these Indian River County Comprehensive Plan Amendments is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. 2 of 4 ORDINANCE NO. 2007 - • SECTION 5. Effective Date The effective date of this ordinance and, therefore, this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming their effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the _ day of 2007, for a public hearing to be held on the 23rd day of October, 2007, at which time it was moved for adoption by Commissioner seconded by Commissioner vote: and adopted by the following Gary C. Wheeler, Chairman Sandra L. Bowden, Vice Chairman Wesley S. Davis, Commissioner Peter D. O'Bryan, Commissioner Joseph E. Flescher, Commissioner • BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Gary C. Wheeler, Chairman ATTEST BY: Jeffrey K. Barton, Clerk Acknowledgment from the Department of State received on this day of 2007, at A.M./P.M.•and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney 3 of 4 ORDINANCE NO. 2007 - • A ROVID AS TO PLANNING MATTERS f • • R4Fde—W .. Keating, AICP Community Development Director F:\CommunityDevelopment\Usws\LONG RANGMCompPlan Amendments0007 Jan\CPTA for MEMPTA Ordinance.doe. 4 of 4 Comprehensive Plan EXHIBITA Future Land Use Element Policy 1.2: Indian River County hereby adopts the following land use designations to be • depicted on the Future Land Use Map: C-1, Conservation -1 (zero density) C-2, Conservation -2 (up to 1 unit/40 acres) C-3, Conservation -3 (up to 1 unit/2 acres) AG -1, Agriculture -1 (up to 1 unit/5 acres) AG -2, Agriculture -2 (up to 1 unit/ 10 acres) AG -3, Agriculture -3 (up to 1 unit/20 acres) R, Rural Residential (up to 1 unit/acre) T, Transitional Residential (up to 1 unit/acre; or up to 3 units/acre for Planned Development Projects) L-1, Low -Density Residential -1 (up to 3 units/acre) L-2, Low -Density Residential -2 (up to 6 units/acre) M-1, Medium -Density Residential -1 (up tog units/acre) M-2, Medium -Density Residential -2 (up to 10 unit/acre) MHRP, Mobile Home Rental Park (up to 8 units/acre) BCID, Blue Cypress Improvement District (up to 10 unit/acre) C/I, Commercial/Industrial RC,'Regional Commercial PUB, Public Facilities REC, Recreation Mixed Use (floating land use designation; not depicted on the future land use map) Policy 1.3: Indian River County shall maintain, periodically review, and revise if necessary, its various zoning districts (including special districts) and overlay districts as may be warranted to ensure the implementation of the comprehensive plan. The zoning districts shall be based on the comprehensive plan and shall directly govern specific land uses, lot area, building type, and size and dimension criteria. Additionally, Indian River County shall maintain; periodically review, revise if necessary, and enforce land development regulations. Those land development regulations shall be the primary mechanism through which the county shall implement the Comprehensive Plan. The criteria and standards established in the various elements of the comprehensive plan shall be the basis for the land development regulations. Those regulations shall include, but not be limited to, provisions for: • The use of land and water consistent with the Future Land Use Map and the Comprehensive Plan; • The subdivision of land; • Community Development Department Indian River County 69 Supplement 10 `* 1 Comprehensive Plan EXHIBITA Future Land Use Element Policy 1.13: The Medium -Density Residential Land Use designations shall be applied to those areas, which are suitable for urban scale development and intensities. Those areas shall be limited to lands that are located within the urban service area and near existing urban centers. Policy 1.14: Development in medium -density residential areas shall be limited to the following: Single -Family, Multiple -Family, and Mobile Home Residential Uses (excluding Mobile Home Rental Parks 15 acres or larger) up to 10 units/acre in M-2 designated. areas up to 8 units/acre in M-1 designated areas Recreation Uses up to 0.35 FAR Public Facilities up to 0.35 FAR Institutional Uses up to 0.35 FAR Schools (not including business and vocational schools) up to 0.35 FAR Professional Office Uses as permitted by Future Land Use Element Policies 1.31 & 1.37 up to 0.35 FAR The FAR of mixed use projects shall be calculated by assigning a portion of the total development area to each use. The sum of the portions assigned to each use must equal the total development area. An exception shall be allowed for accessory residential uses within primarily non-residential projects. That exception shall allow the entire development area to be used to calculate the number of units allowed, without restricting the amount of development area available for calculating the maximum FAR for primary uses. Policy 1.14.1: The Mobile Home Rental Park Land Use designation will be applied only to those properties that contain mobile home rental parks fifteen (15) acres or more in size within the umncomorated portions of the County and limited to lands that are located within the urban service area. Policy 1.14.2: Development in a Mobile Home Rental Park Land Use designation shall be limited to the following: Mobile Home Residential Uses up to 8 units/acre Recreation Uses up to 0.35 FAR Public Facilities . up to 0.35 FAR Institutional Uses W to 0.35 FAR Community Development De artment Supplement 10• =_ y A Indian River County 73 PP -,10/23/2007 ORDINANCE NO. 2007 - 031 • AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY REVISING FUTURE LAND USE ELEMENT POLICIES 1.2 AND 1.14; AND BY CREATING NEW FUTURE LAND USE ELEMENT POLICIES 1. 14.1 AND 1. 14.2 FOR ESTABLISHING THE MHRP, MOBILE HOME RENTAL PARK (UP TO 8 UNITS/ACRE), LAND USE DESIGNATION; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the County received comprehensive plan amendment applications during its January 2007 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on April 12, 2007, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a • Transmittal Public Hearing on May 8, 2007, after advertising pursuant to F.S. 163.3184(15)(b)1 and (c), and • WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs with a request for review, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, and WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on May 22, 2007, pursuant to F.S. 163.3184(4), and WHEREAS, the County received the Florida Department of Community Affairs Objections, Recommendations, and Comments report on July 23, 2007, and ] of 4 'lf ORDINANCE NO. 2007 - 031 • WHEREAS, the Florida Department of Community Affairs had no objections, recommendations, or comments concerning this amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on October 23, 2007, after advertising pursuant to F. S. 163.3184(15)(b); NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: C, SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the Comprehensive Plan a• Amend the Future Land Use Element by revising Future Land Use Element Policies 1.2 And 1.14; and by creating new Future Land Use Element Policies 1. 14.1 And 1. 14.2 for establishing the MHRP, Mobile Home Rental Park (Up To 8 Units/Acre), land use designation; (Exhibit A ) SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance or these Indian River County Comprehensive Plan Amendments is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. 2 of 4 ORDINANCE NO. 2007 - 031 • SECTION 5. Effective Date .7 The effective date of this ordinance and, therefore, this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming their effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 8th . day of October , 2007, for a public hearing to be held on the 23rd day of October, 2007, at which time it was moved for adoption by Commissioner Davi s seconded by Commissioner Wheeler--7-1,and adopted by the following vote: Gary C. Wheeler, Chairman Aye Sandra L. Bowden, Vice Chairman Aye Wesley S. Davis, Commissioner Aye Peter D. O'Bryan, Commissioner Aye Joseph E. Flescher, Commissioner Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY:f *G.*�W–heeler, Chairman ATTESTBY: ev'J cu"%--- F"I"Jeffrey K. Barton, Clerk Acknowledgment from the Department of State received on this day of 2007, at A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY '`'`'1 w&G-1 William G. Collins II, County Attorney 3 of 4 ORDINANCE NO. 2007 - 031 • APPROVED AS TO PLANNING MATTERS Robert M. Keating, A11C, Community Development Direct • C, FACommunity Developmem\Users\LONG FANGMComPPlan Amendments\2007 Jan\CPTH for NW\CPTA Ordinanoe.doc 4 of 4 ORDINANCE 2007-031 Comprehensive Plan E"IBITA Future Land Use Element Policy 1.2: Indian River County hereby adopts the following land use designations to be • depicted on the Future Land Use Map: C- 1, Conservation -1 (zero density) C-2, Conservation -2 (up to 1 unit/40 acres) C-3, Conservation -3 (up to 1 unit/2 acres) AG -1, Agriculture -1 (up to 1 unit/5 acres) AG -2, Agriculture -2 (up to 1 unit/10 acres) AG -3, Agriculture -3 (up to 1 unit/20 acres) R, Rural Residential (up to 1 unit/acre) T, Transitional Residential (up to 1 unit/acre; or up to 3 units/acre for Planned Development Projects) L-1, Low -Density Residential -1 (up to 3 units/acre) L-2, Low -Density Residential -2 (up to 6 units/acre) M-1, Medium -Density Residential -1 (up to 8 units/acre) M-2, Medium -Density Residential -2 (up to 10 unit/acre) MHRP, Mobile Home Rental Park (up to 8 units/acre) BCID, Blue Cypress Improvement District (up to 10 unit/acre) C/l, Commercial/Industrial' RC, Regional Commercial PUB, Public Facilities REC, Recreation Mixed Use (floating land use designation; not depicted on the future land use map) isPolicy 1.3: Indian River County shall maintain, periodically review, and revise if necessary, its various zoning districts (including special districts) and overlay districts as may be warranted to ensure the implementation of the comprehensive plan. The zoning districts shall be based on the comprehensive plan and shall directly govern specific land uses, lot area, building type, and size and dimension criteria. Additionally, Indian River County shall maintain, periodically review, revise if necessary, and enforce land development regulations. Those land development regulations shall be the primary mechanism through which the county shall implement the Comprehensive Plan. The criteria and standards established in the various elements of the comprehensive plan shall be the basis for the land development regulations. Those regulations shall include, but not be limited to, provisions for: • The use of land and water consistent with the Future Land Use Map and the Comprehensive Plan; • The subdivision of land; • Community Develo Tent Department Indian River County 69 Supplement 10;"' r WHOM M-1 1 ORDINANCE 2007-031 Comprehensive Plan EXHIBITA Future Land Use Element Policy 1.13: The Medium -Density Residential Land Use designations shall be applied to those areas, which are suitable for urban scale development and intensities. Those areas shall be limited to Iands that are located within the urban service area and near existing urban centers. Poligy 1.14: Development in medium -density residential areas shall be limited to the following: Single -Family, Multiple -Family, and Mobile Home. Residential Uses Lexcluding Mobile Home Rental Parks 15 acres or larger) up to 10 units/acre in M-2 designated -areas up to 8 units/acre in M-1 designated areas Recreation Uses up to 0.35 FAR Public Facilities up to 0.35 FAR Institutional Uses up to 0.35 FAR Schools (not including business and vocational schools) up to 0.35 FAR Professional Office Uses as permitted by Future Land Use Element Policies 1.31 & 1.37 up to 0.35 FAR The FAR of mixed use projects shall be calculated by assigning a portion of the total development area to each use. The sum of the portions assigned to each use must equal the total • development area. An exception shall be allowed for accessory residential uses within primarily non-residential projects. That exception shall allow the entire development area to be used to calculate the number of units allowed, without restricting the amount of development area available for calculating the maximum FAR for primary uses. Policy 1.14.1: The Mobile Home Rental Park Land Use. designation will be applied only to those properties that contain mobile home rental parks fifteen (15) acres or more in size within the umncomorated portions of the County and limited to lands that are located within the urban service area. Policy 1.14.2: Development in a Mobile Home Rental Park Land Use designation shall be limited to the folIowin Mobile Home Residential Uses up to 8 units/acre Recreation Uses up to 0.35 FAR Public Facilities up to 0.35 FAR Institutional Uses U to 0.3 5 FAR Community Devel oi eat Department Indian River County 73 Supplement 10; W _ RUM 10/23/2007 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator D VIENT HEAD CONCURRENCE Ro ert M. Keating, AICP, 90mmunfi, evelopment Director THROUGH: Sasan Rohani, AICP, Chief, Long Range PlanningCv % l FROM: Rachel Clyne, Planner, Long Range Planning U-?—" DATE: October 3, 2007 RE: County Initiated Request to Amend the County's Comprehensive Plan to Redesignate ± 779.86 Acres in 12 Mobile Home Parks from M-1 and L-2 to MIIRP (LURA 2007010078-57476) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of October 23, 2007 DESCRIPTION AND CONDITIONS This is a County initiated request to change the land use designation for 12 properties. The 12 properties are mobile home rental parks that are fifteen (15) acres or more in size within the unincorporated portions of the County. These properties, depicted in the figure below, comprise approximately 779.86 acres. The request is to change the land use designation of these properties from -L-2, Low -Density Residential -2 (up to 6 units/acre), and M-1, Medium Density Residential (up to 8 units/acre), to MHRP, Mobile Home Rental Park (up to 8 units/acre). The MHRP land use designation is a new land use designation category being created by this series of comprehensive plan amendments. The purpose of this land use designation amendment is to provide protection for the mobile home owners in these rental parks from conversion of the parks to other uses and the displacement of the existing mobile home owners. On April 12, 2007, the Planning and Zoning Commission voted 5 to 1 to recommend that the Board of County Commissioners transmit this request to the state Department of Community Affairs for review. On May 8, 2007, the Board of County Commissioners voted 5 to 0 to transmit the proposed comprehensive plan text amendment to the Florida Department of Community Affairs (DCA) for state review. • On July 23, 2007, the County received a DCA Objections, Recommendations, and Comments Report indicating that the State had no objections to the proposed amendment and that the County may proceed with 0 adoption of the amendment. • Existing Land Use The zoning and location of the 12 subject properties are listed in the table below. There will be no change to the zoning on any of the properties. Future Land Use The land use designation and location of the 12 subject properties. are listed in the table below. Four of the subject properties are designated L-2, Low -Density Residential -2, on the County's future land use map. The L-2 designation permits residential uses with densities up to 6 units/acre. The remaining eight properties are designated M-1, Medium -Density Residential -1, on the County's future land use map. The M-1 designation permits residential uses with densities up to 8 units/acre. Environment None of the subject properties are designated as environmentally important or environmentally sensitive by the comprehensive plan. According to Flood Insurance Rating Maps, nine of the fourteen subject properties are not within a flood hazard area. Portions of Beach Cove, Heritage Village, Heron Cay, and Countryside North are in flood zone A, while a majority of Midway Village lies within flood zone AE. Utilities and Services Water and sewer lines are available to all of the subject properties. Transportation System 0 All of the subject properties are developed sites with access to public or private roadways. Mobile Home Rental Parks Over 16 Acres Rental Park Name Address Zoning Land Use Acres Number of MHNumber of R Shady Rest MHP 13225 US 1 RMH-8 L-2 15.70 117 0 Tanglewood Village MHP 1060 US 1 SW RMH-8 L-2 17.57 124 18 Holiday Village MHP 1000 SW 27th Avenue RMH-8 L-2 18.18 128 0 Midway Estates MHP 1950 South U.S. i RMH-8 L-2 28.00 180 0 Ranchland Mobile Park 2055 82nd Avenue RMH-8 M-1 16.01 108 0 Beach Cove 100 99th Street RMH-8 M-1 31.57 77 0 Countryside South 1405 82nd Avenue RMH-8 M-1 64.13 287 0 Heritage Village (Plantation) 1101 Ranch Road RMH-8 M-1 65.09 436 0 Lakewood Village MHP 1455 90th Avenue RMH-8 M-1 71.50 376 0 Heron Cay 1400 90th Avenue RMH-8 M-1 129.86 587 0 Countryside North 8775 20th Street RMH-8 M-1 147.71 644 0 Village Green 7300 20th Street RMH-8 M-1 174.54 780 0 Total 779.86 3,844 18 Environment None of the subject properties are designated as environmentally important or environmentally sensitive by the comprehensive plan. According to Flood Insurance Rating Maps, nine of the fourteen subject properties are not within a flood hazard area. Portions of Beach Cove, Heritage Village, Heron Cay, and Countryside North are in flood zone A, while a majority of Midway Village lies within flood zone AE. Utilities and Services Water and sewer lines are available to all of the subject properties. Transportation System 0 All of the subject properties are developed sites with access to public or private roadways. 0 ANALYSIS In this section, an analysis of the reasonableness of the land use amendment request will be presented Specifically, this analysis will address: • The proposed amendment's impact on public facilities; • The proposed amendment's consistency with the county's comprehensive plan; • The proposed amendment's compatibility with the surrounding area; and • The proposed amendment's potential impact on environmental quality. Concurrency of Public Facilities All of subject properties are located within the County's Urban Service Area, an area deemed suitable for urban development. The Comprehensive Plan establishes minimum development standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation (Future Land Use Policy 3.1). The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The Comprehensive Plan and Land Development Regulations (LDRs) require that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. Policy 3.2 of the Future Land Use Element states that no development shall be approved unless it is consistent with the concurrency management system component of the Capital Improvements Element. For 18 land use designation amendment requests, conditional concurrency review is required. Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since Comprehensive Plan amendment requests are not projects, County regulations call for the concurrency review to be based upon the most intense use of the subj ect property based upon the requested land use designation. For the MHRP, Mobile Home Rental Park, land use designation, only mobile homes, accessory structures, recreational uses, public facilities, and institutional facilities are permitted. In this case, all of the subject properties are developed sites currently used for residential uses. There is no corresponding rezoning request associated with this proposed comprehensive plan amendment, and there will be no change to the allowed intensity or density of any of the subject properties As per section 910.07(2)(f) of the Concurrency Management Chapter of the County's Land• Development Regulations, projects which do not increase density or intensity of use are exempt from concurrency requirements. Because the subject mobile home rental parks are developed sites and there is no request to change the zoning or increase the density or intensity of use on any of these properties, this amendment is exempt from the concurrency test. Consistency with Comprehensive Plan Land use amendment requests are reviewed for consistency with all applicable policies of the comprehensive • plan. As per section 800.07(1) of the LDRs, the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2), FS." Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation, commercial and industrial land uses and their densities. The goals, objectives, and policies are the most important parts of the Comprehensive Plan. Policies are statements in the plan which identify actions that the County will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development related decisions, including plan amendment decisions. While all Comprehensive Plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is the following policy. Future Land Use Element Policy 14.3 In evaluating a land use amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a land use amendment request. These criteria are: • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances affecting the subject property; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. This proposed land use amendment meets the policy's third criterion. With respect to mobile home parks, there has been a significant change in circumstances. In Florida, mobile home parks have had a significant role in the housing industry as a popular affordable housing option. As property values have escalated within the last 5 years, however, mobile home parks elsewhere in Florida have been converted to other uses, leaving those who rent their mobile home lots few affordable housing options. This change in housing market conditions constitutes a substantial change in circumstances warranting a redesignation of these rental mobile home parks to MHRP. Consequently, this proposed amendment meets the third criterion of Future Land Use Element Policy 14.3. Summary of Consistency with the Comprehensive Plan While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan. 0 0 Compatibility with the Surroundiniz Area Since all of the subject properties are developed sites with existing residential uses, there will be no change to existing conditions. For that reason, continued residential use on the subject properties under the proposed MHRP, Mobile Home Rental Park, land use designation will be compatible with surrounding areas. Potential Impact on Environmental Quality Because these properties are developed sites, the environmental impact will remain the same. For that reason, no significant adverse environmental impacts associated with this request are anticipated. CONCLUSION Based on the analysis, staff has determined that the requested land use designation is compatible with the surrounding area, consistent with the goals, objectives, and policies of the Comprehensive Plan, and is exempt from the concurrency test. The request meets all applicable criteria. For these reasons, staff supports the request. RECOMMENDATION • Based on the analysis, the Planning and Zoning Commission and staff recommend that the Board of County Commissioners approve the proposed amendment changing the land use designation for the subject f 779.86 acres from L-2, Low Density Residential -2 (up to 6 units/acre), and M-1, Medium Density Residential- 1(up to 8units/acre), to MHRP, Mobile Home Rental Park (up to 8 units/acre), by adopting the attached ordinance, and direct staff to submit the adopted amendment to the state Department of Community Affairs for compliance review. ATTACHMENTS 1. Summary Page 2. Land Use Designation Amendment Application 3. Excerpt from April 12, 2007, Planning and Zoning Commission Minutes 4. Excerpt from minutes of May 8, 2007, Board Of County Commissioners meeting 5. Ordinance FACommunity Development\UsersTONG RANGE\CompPlan Amendments\2007 Jan\LUDA for MHRP\BCC adoption item MHRP LUDA.doc Approved Agenda Item Lo • Indian River Approved Date County Admin. Legal (D Budget d Dept Risk Mgr. 07 07 • SUMMARY PAGE PUBLIC NOTIFICATION Staff Contact: Rachel Clyne Date Advertised: October 8, 2007 iOwners Notified: 14 Date Notification Mailed: Oct. 8, 2007 Date Sian Posted: N/A STAFF RECOMMENDATION Staff supports the request is 3 mgr x«e rxr S x.•.r... rxr - � 6 r..H•wy. vlxy. ,� d NNM.yhtl.N 2 y i rl..ry rxwa �__. __ � S N•MMn NIM.. 944wN YNM.. - rxr � 10 x•.•. e.y rxr 1 � G..I.y.IM Nwu 13x••.. 14 cwr.vyN.. xwe Y N � .IxT 12 sn i f 14 Location of Mobile home Rental Parks ATTACHMENT 1 7 Number of Number of Rental Park Name Address Zoning Land Use Acres MH RV Shady Rest MHP 13225 US 1 RMH-8 L-2 15.70 117 0 Tanglewood Village MHP 1060 US 1 SW RMH-8 L-2 17.57 124 18 Holiday Village MHP 1000 SW 27th Avenue RMH-8 L-2 18.18 128 0 Midway Estates MHP 1950 South U.S. 1 RMH-8 L-2 28.00 180 0 Ranchland Mobile Park 2055 82nd Avenue RMH-8 M-1 16.01 108 0 Beach Cove 100 99th Street RMH-8 M-1 31.57 77 0 Countryside South 1405 82nd Avenue RMH-8 M-1 64.13 287 0 Heritage Village (Plantation) 1101 Ranch Road RMH-8 M-1 65.09 436 0 Lakewood Village MHP 1455 90th Avenue RMH-8 M-1 71.50 376 0 Heron Cay 1400 90th Avenue RMH-8 M-1 129.86 587 0 Countryside North 8775 20th Street RMH-8 M-1 147.71 644 0 Village Green 7300 20th Street RMH-8 M-1 174.54 780 0 Total 779.86 3844 18 PUBLIC NOTIFICATION Staff Contact: Rachel Clyne Date Advertised: October 8, 2007 iOwners Notified: 14 Date Notification Mailed: Oct. 8, 2007 Date Sian Posted: N/A STAFF RECOMMENDATION Staff supports the request is 3 mgr x«e rxr S x.•.r... rxr - � 6 r..H•wy. vlxy. ,� d NNM.yhtl.N 2 y i rl..ry rxwa �__. __ � S N•MMn NIM.. 944wN YNM.. - rxr � 10 x•.•. e.y rxr 1 � G..I.y.IM Nwu 13x••.. 14 cwr.vyN.. xwe Y N � .IxT 12 sn i f 14 Location of Mobile home Rental Parks ATTACHMENT 1 7 APPLICATION FORM LAND � `` DESIGNATION AMENDMENT ._.)DA) INDIAN RIVER COUNTY Planning Division accepts Land Use Designation Amendment applications onl U months of January and July of each year. Each application must be co lei submitted and must include all required attachments. An incomplete applica n be processed and will be returned to the applicant.g�> Assigned Project Number: LUDA - Signature of Owner or Agent: Property Information Ste Address: All unplatted properties that over p p p 15 acres in size within the unincorporated portions of the county, that are zoned _ _ RMH-8, and have a ' - Residential Land Use Designation on the County's Future Land Use Map Site Tax Parcel I.D. #s: See Attached List Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Land Use Designation: L-2, M- 1, Requested Land Use Designation: MW Total (gross) Acreage of Parcel: +'779 kfo Existing Use on Site: Mobile Home Parks Existing Zoning District: RMH-8, Requested Zoning District: Same Acreage (net) to be Amended: t 775, o06 Proposed Use on. Site: Mobile Home Parks APPLICANT(S)- MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE ANNING SECTION STAFF PRIOR TO APPLYING. I ATra n u saiea it Current Owner Applicant (Contract Agent Purchaser Name: Indian River County Board Community Development of County Commissioners Department Staff Complete Mailing 1840 25Street, Vero Same Address: Beach, FL 32960-3365 Phone # (including area (772) 226 - 1668 Same code Fax # (including area code) (772) 978 - 1806 Same E -Mail: Contact Person: Gale D. Carmone Signature of Owner or Agent: Property Information Ste Address: All unplatted properties that over p p p 15 acres in size within the unincorporated portions of the county, that are zoned _ _ RMH-8, and have a ' - Residential Land Use Designation on the County's Future Land Use Map Site Tax Parcel I.D. #s: See Attached List Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Land Use Designation: L-2, M- 1, Requested Land Use Designation: MW Total (gross) Acreage of Parcel: +'779 kfo Existing Use on Site: Mobile Home Parks Existing Zoning District: RMH-8, Requested Zoning District: Same Acreage (net) to be Amended: t 775, o06 Proposed Use on. Site: Mobile Home Parks APPLICANT(S)- MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE ANNING SECTION STAFF PRIOR TO APPLYING. I ATra n u saiea it e- - _ - e - r - • Chairman Bruce read the following into record and asked staff . if they would want to combine Items B and C at the same time: B. County Initiated Request to Amend the text of the Comprehensive Plan's Future Land .Use Element by Creating a New MHRP, Mobile Home Rental • P&Z / Approved 1 . April 12, 2007 FACommunity Development\UsersTONG RANGE\CompPlan AmendmentsQ007 Jan\CPTA for MHP\PZC minutes for MHRP.doc Attachment 3 • • T�_11Wfr_1EE1L.W_q91 MIA • _MLI DtLffl - = _ • _ i - - Ie: Chairman Bruce read the following into record and asked staff . if they would want to combine Items B and C at the same time: B. County Initiated Request to Amend the text of the Comprehensive Plan's Future Land .Use Element by Creating a New MHRP, Mobile Home Rental • P&Z / Approved 1 . April 12, 2007 FACommunity Development\UsersTONG RANGE\CompPlan AmendmentsQ007 Jan\CPTA for MHP\PZC minutes for MHRP.doc Attachment 3 Park (up to 8 units/acre), Land Use Designation for Mobile Home Rental • Parks (CPTA 2007010078-57475) [Legislative] C. County Initiated Request to Amend the County's Comprehensive Plan to Redesignate ±806.23 Acres From M-1, Medium Density 1 (up to 8 units/acre) L-2, Low Density 2 (up to 6 units/acre) and C/I, Commercial/Industrial to MHRP, Mobile Home Rental Park (LUDA 2007010078-57475) [Legislative] Mr. Gale Carmoney, IRC Senior Planner, Long Range Planning, reviewed the Comprehensive Plan Amendment Process as a refresher for the P&Z and to inform the public. He explained there was no limit to the number of Comprehensive Plan Amendments that were submitted, but was limited to the frequency of the Comprehensive Plan Amendments in which the Florida Statute Section 163.3177(2) dictates there were only two Comprehensive Plan Amendments per year for each local government. He continued in the County's case, Comprehensive Plan Amendments were submitted during the months of January and July and submitted to the IRC Community Development Department to be reviewed by staff for completion and then would establish a date for a public hearing and where the staff report was submitted to P&Z. He mentioned there were three public hearings, the first hearing would be before the P&Z in which the Commission makes a recommendation to the BCC whether to adopt or deny each of the Comprehensive Plan Amendments. The second hearing would be before the BCC in which if approved would be submitted to the State's Department of Community Affairs (DCA) and seven other agencies for review. He noted the DCA has up to 60 days to write objectives, recommendations, and comments to the County, if there were issues, IRC staff would then need address those issues and write another staff report to the Board to explain that. He explained the third public hearing was where the Board would either adopt or deny the amendments sent back to DCA for review, then the DCA has 45 days to send a notice on whether it was approved to the County. Mr. Carmoney reviewed the. information contained in his memorandum, a copy of which is on file in the Commission Office and noted all parks mentioned were 10 acres or more in size. He stated the intent of the land use designation to provide more protection for the renters in the Mobile Home Rental Parks (MHRP) from conversion to other residential uses. He mentioned MHRP had always been a really popular affordable housing option particularly in Florida and there were two types of parks which were either platted or un -platted. He indicated in the platted MHRP the individuals actually own the lots and the un -platted lots were rented out, therefore if the owner of the MHRP decided to change the zoning, the individuals renting had very little say on the process. P&Z / Approved 2 April 12, 2007 FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2007 Jan\CPTA for MHP\PZC minutes for MHRP.doc Attachment 3 Mr. Carmoney pointed out typically a re -zoning application could be • completed in three to four months, if there were no concurrency issues and with the new land use designation the MHRP owner would go through the entire comprehensive plan amendment process in order to change the land use designation from the MHRP to another land .use designation in which the process could take up to nine or ten months, this would give the renters more time to find alternative housing options and also an opportunity to participate in the Comprehensive Plan Amendment process. Mr. Fletcher questioned the land use designation for MHRP was for rentals only. Mr. Carmoney stated staff selected only the MHRP's over ten acres in size and all of those were un -platted MHRP's. Mr. Fletcher clarified it would not be a mix of owner/rental. Mr. Christopher wanted to know if there would be a change of certain designations from six to eight units per acre and others from ten to eight units per acre. Mr. Carmoney indicated the zoning would change allowing a new land use designation with a maximum of eight units per acre. Mr. Keating mentioned two MHRP in the L-2 area which was a land use designation that allows up to six units per acres, but one of those was zoned at eight units per acre. He concluded this was not giving any additional entitlements, just reflecting what the zoning was and some of those parks were non -conforming with the existing land use designation. Ms. Keys questioned why the parks were limited to ten acres or more. Mr. Carmoney stated those parks with less than ten acre could be done with a small amendment, which would only take three or four months because small scale land use amendments were for those parcels of properties less than ten acres in size. Chairman Bruce needed more clarification on the small scale land use amendment. Mr. Keating related the time involved really gives the protection to the renters, and if a property was under ten acres a small scale land use amendment would take the same amount of time as a rezoning change. He pointed out the small scale land use amendment was not limited to twice a year and could be done at anytime with fewer procedural requirements. Chairman Bruce opined it was really not protecting those renters in smaller parks. Mr. Keating stated the reason was it would become an administrative nightmare if there were very small areas on a land use map trying to designate it as a different color. Mr. Keating told the P&Z, staff had discussed this with the P&Z / Approved 3 April 12, 2007 FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2007 Jan\CPTA for MHP\PZC minutes for MHRP.doo Attachment 3 BCC Chairman who was the initiator, and he agreed it would still meet his intent • to leave off the smaller mobile home parks. . Ms. Keys noted the BCC Chairman's intent was the motion that the BCC made was to direct staff to change land use designation of all existing MHRP. She detailed the parks under ten acres actually comprise 478 units and the state statute for Mobile Home Act applies to parks ten units or more. She opined it would be better to follow suit with the state and include those parks which had ten units or more instead of going in and doing an individual change. . Mr. Keating explained doing that would provide no additional protection because it was a small scale amendment and it could be changed in the time it would take to do a rezoning. Ms. Keys felt maybe it should be looked at differently if it would not protect the people and if P&Z was making the change just to give people more notice that their MHRP land use was being changed.. Ms. Keys asked how much notice of eviction the renter would get if the owner sells the MHRP. Attorney DeBraal responded the renter would get six months notice by Florida Statute. Ms. Keys was concerned about the renters of a MHRP on pins and needles waiting for the owner to go through the Comprehensive Plan Amendment change for 18 months then still has six months notice to evict. She wondered if P&Z could make a law in the unincorporated area so that any eviction due to land use change has a mandatory 24 months notice. Attorney DeBraal replied as it stands today, if a MHRP owner wants to change 'the park and evict the residents, all the owner had to do was file notice with the renters and proceed with the zoning change, if necessary. He remarked in some instances, the zoning changing might not be necessary and those were the easy ones for the owners to do. - Mr. Keating mentioned there was legislation being discussed in Tallahassee to require local governments if they change the land uses zoning for MHRP, to provide a significant amount of.money to each tenant so they recoup all of the costs of moving. He also stated every land owner in the County has rights and the right to petition to change its land use. Mr. Christopher asked if the small scale amendment was a State Law or County Ordinance. Mr. Keating replied it was a State Law. Chairman Bruce opened the public hearing at 7:45 p.m. P&Z / Approved 4 April 12, 2007 FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2007 JaMCPTA for MHP\PZC minutes for MHRP.doc Attachment 3 Mr. Robert Nece, 7000 20th Street, Vero Beach, addressed Ms. Keys that if • this was approved it would give a little more time and would go through the same process again to be changed. His belief was if it comes up again in the future and a developer wants to change the zoning it would go back through the same process. Ms. Keys asked Mr. Nece if he understood if the developer does get the approval to change, he would only get a six months notice. Mr. Nece replied in the affirmative and also noted the developer could go through the process and be denied. Mr. Nece detailed a lot of people were losing their lifestyles because developers were coming in and buying MHRP to put in housing or condominiums to make a lot more money. He indicated a group of residents from different MHRP got together to see if they could preserve their lifestyles and the P&Z meeting was a product . of those meetings. He appreciated everybody's assistance, support and approval for these proposed amendments by the BCC. Mr. Ralph Mutchnik, Ranchland Mobile Home Park Owner, stated he had been in the Mobile Home business for 40 years and noted there had been a big change in the business because homes were deteriorated and was impossible to sell some of the homes over the past two years. He felt if there was to be a change to mobile home rental, modular homes should be next to it, so when owners had to put in a new home there would be no problem. Mr. Keating stated it had been discussed and could be looked into. He said the difference was a mobile home was certified by the Department of Housing Urban Development (HUD) at the federal level and built in a factory. He further explained a modular home was certified by the DCA and built to the Florida Building Code. He indicated modular homes had been treated as stick built housing and kept modular homes separated from mobile homes. He proposed maybe looking at allowing modular homes in mobile home parks. A discussion ensued on Mobile Homes and Modular Homes. Mr. Robert Hundle, Resident of Village Green, stated there were 6,000 people would be at risk if their property was purchased by a developer and their homes regardless of the cost, has had tremendous amounts of improvements done to them. He felt this would just be a bandage for what the residents were trying to do to save their homes for right now. Ms. Claire Ranahan, Resident of Shady Rest Mobile Home Park, Sebastian, indicated approximately one year ago the residents were notified the Shady Rest Mobile Home Park went up for sale and was finally taken off the market in November 2006. She stated if the mobile home was 20 years of age or P&Z / Approved 5 April 12, 2007 FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2007 Jan\CPTA for MHP\PZC minutes for MHRP.doc Attachment 3 older there was no company willing to risk moving it and the moving expenses iwere very high. She was happy to hear when Village Green Mobile Home Park had a coalition gathering of mobile home residents to find a way to give renters some protection. Ms. Keys asked how many units were in the Shady Rest Mobile Home Park. Ms.. Ranahan indicated there were 117 units. Mr. Clay Price, 1405 46th Avenue, Vero Beach, spoke on behalf of the owner of Shady Rest Mobile Home Park, -and questioned the purpose of the amendment. He wondered if this would limit what the mobile home park owner could do in as much as changing the use from a mobile home park to a condominium association or something in a residential use that does not change the use as it related to rezoning for sale into some kind of commercial development. Mr. Keating detailed it would impede the change to a commercial use also and basically was establishing a new land use designation that essentially allows only one type of use as MHRP, where currently it was zoned general RMH-8 and in ,the medium density residential land use designation. He concluded this would create a land use designation unique to mobile home parks and make it more difficult for a mobile home park owner to change to another use. A lengthy discussion ensued by Mr. Price on several mobile homep arks and if the MHRP wanted to change to commercial use how would the proposal change what they currently needed to go through. Mr. Keating stated it would not change at all. Mr. Price reiterated it does not offer any further protection to the mobile home resident if they, meaning the owner, wanted to change the use to conform with the surrounding land use. . Mr. Price wondered if there was anywhere else in the state that had this land use designation for mobile home parks. Attorney DeBraal stated there were none to his knowledge, however St. Lucie County had expressed interest in watching this as well as other counties. Mr. Price opined IRC was proposing something not out there for any other mobile home community within the State of Florida. Mr. Keating felt there were jurisdictions in the state that had land use categories oriented for just mobile homes and what IRC was doing was not unique. Mr. Price concluded as a taxpayer and resident of IRC, he questioned the change of zoning on two of the. MHRP properties from their current zoning which • P&Z / Approved 6 April 12, 2007 FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2007 Jan\CPTA for MHP\PZC minutes for MHRP.doc Attachment 3 allowed commercial and industrial, in which one park was already zoned • commercial: He wondered if there was a potential of being sued for a loss of rights on land use and property rights by doing that and what would be the status if it does happen. Attorney DeBraal explained the action would be it was a vested right to a specific and existing use with the existing use being mobile home parks. He opined if the County was to be sued, it would need to be shown that it was an existing use and the use of the real property was a vested right to a specific use with respect to the real property as a whole because the property was not being used as commercial or industrial. Ms. Keys was concerned about the six month notice and felt it was not enough time to sell a home. Attorney DeBraal said this was a creature of the statute and at a local level it would be difficult to fix. He noted the legislature has stated it was the law. Ms. Keys asked if the state says that P&Z could not force a MHRP owner to give more than six months notice and gave the example of a judge in West Palm Beach, Florida who gave 18 months. She felt it should be looked into a little bit further because this "bandage" would not do much. • Mr. Fletcher referred to the City of Vero Beach with Dodgertown when the Dodgers decided to sell it to a developer; the residents in that mobile home park were given six months and it took a year to settle. He pointed out the state would give the property owner the option to sell the property above the rights of a renter. A discussion ensued on the amount of notice given to a renter in the MHRP and the change in zoning. Attorney DeBraal mentioned it was up to the MHRP owner to recognize that this process of rezoning would take a long time and be generous with the residents and allow them to stay past six months, but was not required. Mr. Price said it was in the economic interest of a property owner to seek the highest best use and the owner or developer would always try to maximize their income or cash flow. A.J. Walden, Southgate Mobile Home Park owner, made it clear that he had no intentions of selling or changing the zoning. He did not like the fact that in 20 years, if he decided to sell Southgate Mobile Home Park, then he would need to try to get the original zoning back. P&Z / Approved 7 April 12, 2007 FACommunity Development UsersILONG RANGEICompPlan Amendments12007 JanICPTA for MHPIPZC minutes for MHRP.doc Attachment 3 Mr. Nece discussed the time frame and stated residents at a mobile home is park had no say when it comes to a sale. He expressed if there was a unsolicited or solicited offer to the MHRP owner, the residents would need to react almost immediately in trying to get as many people as possible to put up thousands of dollars to purchase the park. He felt at least if this amendment was passed would give the residents more time and a say. Ms. Bobbie Cersare, Village Green Resident, commented there was not a home for sale in Village Green that was $150,000; however an individual may have ordered a home .with special perks of their own choosing. She recalled the purchase of Dodger Pines Country Club property and the residents of Safari Pines were evicted while the land was still vacant and an eyesore. Chairman Bruce closed the public hearing at 8:42 p.m. Ms. Keys reiterated according to the state there must be a six month notice of eviction and the state statute says that tenants affected were given at least six months notice of the projected change of use. She pointed out it does not keep P&Z from giving a 12 or 24 month requirement, therefore giving the tenants more protection than a Comprehensive Plan change. Mr. Christopher asked Attorney DeBraal if there were any cases on this and asked him to look into the matter before this would go before the BCC. ON MOTION BY Mr. Christopher, SECONDED BY Mr. Fletcher, the members voted (5-1) to recommend the Board of County Commissioners adopt Item B of staff's recommendation to change land use designation to Mobile Home Rental Parks. Ms. Keys opposed. ON MOTION BY Mr. Christopher, SECONDED BY Mr. Fletcher, the members voted (5-1) to recommend the Board of County Commissioners adopt Item C of staff's recommendation to change land use designation to Mobile Home Rental Parks. Ms. Keys opposed. Chairman Bruce called for a break at 8:47 p.m. and resumed the meeting at 8:55 p.m. MOTION BY Ms. Keys, SECONDED BY Mr. Christopher, the members voted unanimously (6-0) • P&Z / Approved 8 April 12, 2007 FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2007 Jan\CPTA for MHP\PZC minutes for MHRP.doc Attachment 3 to recommend the Board of County Commissioners • consider extending the six month notification period to 24 months in lieu of, or in addition to, the Comprehensive Plan Amendment change. kip MMMNMNM -e - -WOMM- • P&Z / Approved 9 April 12, 2007 FACommunity Development\Users\LONG RANGE\CompPian Amendments\2007 JaMCPTA for MHP\PZC minutes for MHRP.doc Attachment 3 Reclaimed Water, and authorized the Chairman to execute the same, as recommended in the memorandum of April 16, 2007. AGREE T ON FILE IN THE OFFICE OF THE CLERK TO T BOARD 8. CONSTITUTIONAL FFICERS AND GO RNMENTAL AGENCIES 8.A. INDIAN RIVER COUNTYS IFFROYRAYMOND F /approve b Commissioner Davis, CONDED 'oner Flescher, the Board un ously use of Grant money for the purch e ofbulletproof vests through the Bureau fstance Bulletproof Vest Partnership equested in the letter of April 13, 2007. 9. PUBLIC ITEMS 9.A. PUBLICHEARINGS 9.A.1. CO UNT Y INI TIA TED: REQUEST TO AMEND THE TEXT OF THE COMPREHENSIVEPLAN'S FUTURE LAND USE ELEMENT BY CREATING A NEWMHRP, MOBILE HOME RENTAL PARK (UP TO 8 UNITS/ACRE), LAND USE DESIGNATION FOR MOBILE HOME RENTAL PARKS i i (LEGISLATIVE) i May 8, 2007 9 i ATTACHRENT I PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Clerk's Note; Public Hearings for Items 9.A.1. and 9.A.2. were addressed together since they are interrelated. Community Development Director Robert Keating used a PowerPoint presentation (copy on file) to explain the process of submitting a Comprehensive Plan Amendment. He informed the Board that this item was brought back from the October 24, 2006 meeting, where staff was directed to create a new Land Use Designation for mobile home rental parks that would provide more protection to the owners who rent spaces and could be displaced, should the park owner opt to sell the park for another use. Director Keating explained how creating a separate mobile home rental park (MHRP) Land Use Designation would benefit those who rent their spaces. He requested the Board to: (1) create a new MHRP Land Use Designation; (2) apply that Designation to the 14 existing mobile home rental parks; and (3) direct the County Attorney's staff to research the 24 month notification period to see if it could be implemented. The Board asked questions of Director Keating and County Attorney Collins to gain a better understanding of the notification timeframe requirement, number of units per acre, the ten acre threshold, and the land density in mobile home rental parks. Chairman Wheeler and Commissioner Davis wanted to remove the two parks that were designated as commercial industrial (C/I) from the properties list, which would allow all other parks to conform to the low density (L-2) and medium density (M-1) land use designations, while still meeting the eight unit per acre threshold requirement. May 8, 2007 10 • • The Chairman opened the public hearing, Robert Bower, 7300 201' Street, Village Green, represented the Coalition of Mobile Manufactured Homeowners of Indian River County. He agreed with Director Keating and requested the Board approve the Land Use Designation change. Lynn Lucier, Midway Estates, explained that her mobile home park consisted of renters and shareholders. She had purchased a share and voiced concern that should a hurricane demolish the property that the shareholders would be left holding "empty land". She wanted the Board to consider the 65 shareholders as well as the 45 renters living in the park. Chairman Wheeler explained that the objective of the land use change is to try to protect the people, their home investment, and make it difficult for the park owners to change the land use designation. Bob Nece, 7000 20`" Street, Village Green, expressed that the mobile home park was the lifestyle he chose and he wanted the Board to protect his home. Jennifer Vanhoose, 480 10'' Place, Beach Cove, urged the Board to look at the entire County ordinance and how it applies to the mobile home rental parks before passing the ordinance. Michael Battaglini, Southgate Village, requested the "family owned" park be excluded from the list and suggested increasing the land use designation size from ten acres or more to fifteen acres or more. Jack Borgen, on behalf of the owners of Southgate Village, .informed the Board that his mobile home park had been family owned for three generations and he wanted the park May 8, 2007 11 ATTACHMENT 4. • to continue being grandfathered. He felt that since his park consisted of 10.29 acres and was on the list of ten acres or more instead of ten acres or less, that his park would continue to be nonconforming. He voiced concern that in order to comply, they would have to go from 109 lots to 82 lots, misplacing 27 residents. He requested the Board consider his plea of changing the threshgld from ten acres or more to fifteen acres or more. Bruce Barkett, Attorney for the owners of Southgate Village, requested the Board support Mr. Borgen's request to exclude properties designated commercial industrial (C/1). Claire Ranahan, Shady Rest, told the Board that she could not afford to move and even if she did, no company would agree to move a mobile home that was over 20 years old and those that could be moved would cost $15,000.00 to $17,000.00. She was concerned that there would be a lot of homeless, elderly people, if the Board did not protect the people who rent • spaces. Norma Sanderson, Shady Rest, asked the Board to support the mobile home park residents. Fred Schaefer, Southgate Village, revealed that he has Parkinson's disease and is forced to live in a mobile home park because of finances. He was concerned that he would lose his home if changes were made to the park. He wanted the Board to increase the land use designation size to 11+ acres. Danny Ellis, Senior Regional Manager from Kissimmee, Florida, represented MHC Holiday Village L.L.C., owner of Holiday Village Mobile Home Park, and provided a letter urging the Board not to approve the proposed amendments and listing problems with the proposed amendment to the Comprehensive Plan Amendment (copy on file). He suggested the May 8, 2007 12 ATTACHSENT • owners get involved to discuss ways to make it continual affordable housing that would protect mobile home residents. There were no additional speakers and the Chairman closed the public hearing. MOTION WAS MADE by Vice Chair Bowden, SECONDED by Chairman Wheeler, approved Resolution No. 2007-044, approving the transmittal of a proposed Indian River County Comprehensive Plan Amendment to the text of the Future Land Use Element to the State of Florida Department of Community Affairs, excluding the designated Commercial Industrial (C/I) property of Southgate Village. Chairman Wheeler clarified with Director Keating that changing 10 acres to 15 acres and changing the CA land use designation would " fix the existing non -conformities." Discussion ensued as the Board and Director Keating discussed the protection of the residents and their homes in the resident -owned community of Midway Estates. 0 May 8, 2007 MOTION WAS AMENDED by Vice Chair Bowden, SECONDED by Chairman Wheeler, to change the land use designation size from 10 acres or more to 15 acres or more; and to remove the land use element of C/I. 13 ATTACHUT 4 • The Chairman CALLED THE QUESTION, The Board unanimously approved Resolution No. 2007- r 044, approving the transmittal of a proposed Indian River County Comprehensive Plan Amendment to the text of the Future Land Use Element to the State of Florida Department of Community Affairs; eliminating the rental parks designated as CA and increasing the land use designation size from 10 acres or more to 15 acres or more. 9.A.2. COUNTYINITIATED• REQUEST TOAMEND THE COUNTY'S COMPREHENSIVE PLANTO RE -DESIGNATE .4806.23 ACRES FROMM4, L-2, AND CII TO MHRP (LEGISLA TI VE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Clerk' Note: This Public Hearing was addressed with Item No. 9.A.1. ON MOTION by Vice Chair Bowden, SECONDED by Chairman Wheeler, the Board unanimously approved Resolution No. 2007-045, approving the transmittal of a proposed Indian River County Comprehensive Plan Future Land Use Map Amendment Changing the Land Use Designation of 806.23 acres from M-1, L-2 and C/I to MHRP to the State of Florida Department of Community Affairs, May 8, 2007 14 • "`t P� ORDINANCE NO. 2007 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±779.86 ACRES FROM L-2, LOW-DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), AND M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE), TO MHRP, MOBILE HOME RENTAL PARK (UP TO 8 UNITS/ACRE); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the County received comprehensive plan amendment applications during its January 2007 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on April 12, 2007, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and 0 WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on May 8, 2007, after advertising pursuant to F.S. 163.3184(15)(b)1 and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs with a request for review, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, and WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on May 22, 2007, pursuant to F.S. 163.3 184(4), and WHEREAS, the County received the Florida Department of Community Affairs Objections, Recommendations, and Comments report on July 23, 2007, and WHEREAS, the Florida Department of Community Affairs had no objections, recommendations, or comments concerning this amendment, and 0 Page 1 of 9 Attachment 5 0 ORDINANCE NO. 2007 - WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on October 23, 2007, after advertising pursuant to F. S.163.3184(15)(b); NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and the Board of County Commissioners directs staff to transmit three (3) copies of the amendment to the State of Florida Department of Community Affairs and one (1) copy to the Treasure Coast Regional Planning Council. SECTION 2. Amendment to the Comprehensive Plan The land use designation of the following described property situated in Indian River • County, Florida to wit: BEACH COVE THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20 TOWNSHIP 31 SOUTH RANGE 39 EAST, LESS THE NORTH 555.2 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20 TOWNSHIP 31 SOUTH RANGE 39 EAST INDIAN RIVER COUNTY FLORIDA (1325/2715) COUNTRYSIDE NORTH INDIAN RIVER FARMS COMPANY SUB PBS 2-25 TRACT 11 LESS NORTH 660.8 FEET LESS RIGHT-OF-WAY DESCRIBED IN OR BK 712 PP 247 AND NORTH 660 FEET OF EAST 330 FEET AND NORTH 330 FEET OF WEST 330 FEET OF EAST 660 FEET OF TRACT 13 AND TRACTS 14, 15,15 AKA COUNTRYSIDE MOBILE HOME PARK FKA VILLAGE GREEN WEST (PHASE IV). COUNTRYSIDE SOUTH INDIAN RIVER FARMS COMPANY SUB PBS 2-25 THAT FOR OF TRACTS 1 AND 2 IN SECTION 11-33-38 AS FOLL: BEGINNING AT NORTHEAST CORNER OF SAID TRACT 1 SAME POINT BEGINNING NORTHEAST CORNER OF SAID SECTION 11; THE SOUTH 00 DEG 12 MIN 13 Page 2 of 9 Attachment 5 0 0 ORDINANCE NO. 2007 - SECTION E LINE OF SAID TRACT 1, SAME BEING EAST LINE OF NORTHEAST QUARTER OF SAID SECTION 11, 1, 190.0 FEET; THE SOUTH 89 DEGREE 33 MIN 03 SECTION W 640.0 FEET; THE NORTH 00 DEGREE 12 MIN 13 SEC W, 200.0 FEET; THE SOUTH 89 DEGREE 33 MIN 03 SEC W 662.92 FEET; THE SOUTH 62 DEGREE 51 MIN 57 SEC W 387.73 FEET TO ARC OF A CIRCULAR CURVE TO RIGHT CONCAVE NORTHERLY HAVING A RAD OF 485.0 FEET: THEN NORTHERLY ALONG ARC OF SAID CURVE, THROUGH CENT ANGLE OF 21 DEG MIN 07 SEC 182.15 FEET ( CHORD IS BEARING NORTH 16 DEG 23 MIN 01 SEC W 181.08 FEET); THEN SOUTH 89 DEG 33 MIN 03 SEC W 967.13 FEET TO WEST LINE OF SAID TRACT 2; THEN NORTH 00 DEG 11 MIN 53 SEC W 990.0 FEET TO A CONCRETE MONUMENT AT NORTHWEST COENER OF SAID TRACT 2; THEN NORTH 89 DEG 33 MIN 03 SEC E ALONG NORTH LINE OF SAID TRACTS 1 AND 2 SAME LINE BEING NORTH LINE OF NORTHEAST QUARTER OF SAID SECTION 11 2666.10 FEET TO POINT OF BEGINNING; LESS AND EXCEPT EAST 30.0 FEET THEREOF FOR ROAD RIGH -OF -WAY FOR 82ND AVENUE (RANCH ROAD). HERITAGE VILLAGE / PLANTATION INDIAN RIVER FARMS RIVER FARMS COMPANY SUBDIVISION PBS 2-25 TRACT 9 LESS PARCEL IN NORTHEAST CORNER AS DESCRIBED IN OR BK 479 P 636 AND LESS ROAD AND CANAL RIGHT-OF-WAYS AND TRACT 10 LESS WEST 10 ACRES AND LESS CANAL RIGHT-OF-WAY. HERON CAY INDIAN RIVER FARMS COMPANY SUB PBS 2-25 TRACT 3 LESS WEST 253.60 FEET OF NORTH 758.51 FEET AND TRACT 4 LESS NORTH 862.9 FEET AND TRACTS 5 AND 6 LESS RIGHT-OF-WAYS (OR BK 662 PP 1297) HOLIDAY VILLAGE INDIAN RIVER FARMS COMPANY SUB CONTINUED INDIAN RIVER FARMS COMPANY SUDIVISION PBS 2:25 WEST 20.29 A OF TRACT 4, LESS CANAL AND ALSO LESS RIGHT-OF-WAY PER MAINTANANCE MAP RECORDED IN PBI 14-47 RANCHLAND MOBILE HOME PARK INDIAN RIVER COUNTY FARMS COMPANY SUB PBS 2-25 EAST 20.46 A OF TRACT 8, LESS FOLL: BEGINNING AT INTERSECTION OF NORTH RIGHT-OF-WAY OF RANCH ROAD; THEN WESTERLY 510.0 FEET; THEN NORTHERLY 110 FEET; THEN EASTERLY 510.0 FEET; THEN SOUTHERLY 1 10 FEET TO POINT OF BEGINNING LESS ROAD RIGHT-OF-WAY (OR BK 680 PP 2552) Page 3 of 9 Attachment 5 0 0 ORDINANCE NO. 2007 - SHADY REST MOBILE HOME PARK TOWN OF WAUREGAN PBS 1-178-179 ALL THAT PART OF LOTS 17,18 AND 19 LYING WESTERLY OF US HIGHWAY NO. 1 AS IN BK 302, PP 337 AND R BK 271 PP 234 VILLAGE GREEN PBS 2-25 TRACTS 3 AND 4 LESS NORTH 30 FEET AND ALSO LESS WEST 100 FEET OF TRACTS 4 AND 5 THEREOF AND EAST 20 A OF TRACT 6 AND NORTH 4 A OF EAST 10.265 A OF WEST 20.53 A OF SAID TRACT 6 AND ALSO INC (IN SECTION 31-32-39) TRACT 13, LESS WEST 100 FEET AND ALSO EAST 10 A TRACT 14 AND LESS RIGHT-OF-WAY FOR STATE ROAD 60 AND WALKER ROAD AND ALSO LESS FOLL DESC PROP; COM AT SOUTHWEST CORNER OF TRACT 5, THEN NORTH 00 DEG 24 MIN 18 SEC E ALONG WEST LINE OF SECTION 6 163.16 FEET THEN SOUTH 89 DEG 43 MIN 39 SEC E 100 FEET TO POINT OF BEGINNING AT INTERSECTION OF NORTH RIGHT-OF-WAY OF STATE ROAD 60 AND EAST LINE OF RANGE LINE CANAL LATERAL C THEN NORTH 00 DEG 24 MIN 18 SEC EAST ALONG EAST LINE OF SAID LATERAL C 284.15 FEET THEN SOUTH 89 DEG 34 MIN 56 SEC EAST 59.29 FEET THEN SOUTH 00 DEG 32 MIN 19 SEC W 108.92 FEET THEN SOUTH 89 DEG 10 MIN 42 SEC EAST 110.67 FEET THEN N 00 DEG 32 MIN 19 SEC E 109.70 FEET THEN SOUTH 89 DEG 34 MIN 56 SEC E 413.17 FEET THEN SOUTH 00 DEG 29 MIN 48 SEC W 282.67 FEET, MIL, TO NORTH RIGHT-OF-WAY LINE OF SAID STATE ROAD 60 THEN NORTH 89 DEG 43 MIN 39 SEC W ALONG NORTH RIGHT-OF-WAY LINE OF SAID STATE ROAD 60 582.68 FEET TO POINT OF BEGINNING ALSO KNOWN AS VILLAGE GREEN. LAKEWOOD VILLAGE TRACTS 1 AND 8, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY OF INTERSTATE -95, THE NORTH 862.9 FEET OF TRACT 4, AND THE NORTH 758.51 FEET OF THE WEST 253.6 FEET OF TRACT 3, SECTION 11, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS RIGHT-OF-WAY, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; TO -WIT: THAT PART OF TRACTS 3 AND 4, SECTION 11, TOWNSHIP 33 SOUTH, RANGE 38 EAST, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A POINT 40 FEET EAST AND 30 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN NORTH 89"54'26" EAST, A DISTANCE OF 1545.54 FEET ALONG THE SOUTH RIGHT-OF-WAY OF SUB - LATERAL CANAL R-2 (IRFWCD), THENCE RUN SOUTH 00"08'28" WEST, A DISTANCE OF 728.66 FEET TO FOUND IRON PIN; THENCE RUN SOUTH 89"56'10" WEST, A DISTANCE OF 253.53' TO A FOUND IRON PIPE; THENCE RUNSOUTH 00"07'49" WEST, A DISTANCE OF 104.39 FEET TO A FOUND IRON PIN; THENCE RUN SOUTH 89"54'29" WEST, A DISTANCE OF Page 4 of 9 Attachment 5 0 • ORDINANCE NO. 2007- 1292.05 FEET TO A FOUND IRON PIN BEING ON THE EXISTING EAST RIGHT-OF-WAY OF 90 AVEENUE; THENCE RUN NORTH 00"08'35" EAST, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 832.90 FEET TO THE POINT OF BEGINNING. AND THAT PART OF TRACTS 1 AND 8, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY OF INTERSTATE -95, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A POINT 40 FEET WEST AND 30 FEET SOUTH OF THE NORTHEAST COENER OF SAID SECTION 10, THENCE RUN SOUTH 00"08'35" WEST, ALONG THE EXISTING WEST RIGHT-OF-WAY OF 90TH AVENUE, A DISTANCE OF 2589.55 FEET TO A FOUND CONCRETE MONUMENT, SAINT POINT LYING 40 FEET WEST AND 30 FEET NORTH OF THE SOUTHEAST CORNER OF SADI TRACT 8; THENCE RUN NORTH 89"22'47" WEST, A DISTANCE OF 810.01 FEET TO A FOUND CONCRETE MONUMENT AND THE EAST RIGHT-OF-WAY OF INTERSTATE -95; THENCE RUN NORTH 00"08'34" EAST, ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 2060.52 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE CONTINUE ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 5"10'08", A RADIUS OF 5879.58 FEET, AN ARC DISTANCE OF 530.43 FEET ALSO SAID CURVE HAVING A CHORD BEARING OF NORTH 02"27'44" WEST, A CHORD DISTANCE OF 530.25 TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF SUB -LATERAL R-2 CANAL (IRFWCD) AND FOUND IRON PIPE; THENCE RUN SOUTH 89"20'50" EAST, A DISTNACE OF 843.13 FEET TO A FOUND IRON PIPE AND POINT OF BEGINNING. TANGLEWOOD VILLAGE COMMENCING AT THE NORTHEAST CORNER OF THE NW '/4 OF SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, AND FROM THENCE RUN SOUTH ALONG THE EAST LINE OF SAID NW '/4, 671.53 FEET TO THE POINT OF BEGINNING; THENCE RUN WEST TO THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE RUN SOUTHEASTERLY ALONG THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD TO THE SOUTH BOUNDARY LINE OF THE NORTH %2 OF THE NW '/4 OF SECTION 30; THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NE '/4 OF THE NW '/4 OF SAID SECTION 30; THENCE RUN NORTH ALONG THE EAST BOUNDARY OF SAID NW '/4 OF SECTION 30 TO THE POINT OF BEGINNING; LESS AND EXCEPTING FROM THE ABOVE PARCEL OF THE SOUTH 360 FEET THEREOF LYING BETWEEN THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD AND THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #1, AS IN DEED FILED IN OFFICIAL RECORDS BOOK 218, PAGE 358: ALSO LESS AND EXCEPT THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 793, PAGE 1333, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA: ALSO LESS AND EXCEPT RIGHT-OF-WAY FOR PRESENT U.S. HIGHWAY # 1. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. MIDWAY ESTATES ALL THAT PART OF THE NORTHEAST''/4 OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, LYING EAST OF U.S. HIGHWAY NO. 1 AND SOUTHERLY OF THE SOUTH RIGHT OF Page 5 of 9 Attachment 5 0 • ORDINANCE NO. 2007 - WAY OF A STATE ROAD OUTFALL DITCH AS SHOWN ON THE DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION NO. 8801-206, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST %4; THENCE RUN NORTH 89DEG.20'20" WEST ALONG THE QUARTER SECTION LINE A DISTANCE OF 1350.07 FEET TO A POINT LYING 105 FEET EAST OF THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO, 1; THENCE RUN NORTH 19DEG.27'40" WEST AND PARALLEL TO THE SAID EAST RIGHT OF WAY A DISTANCE OF 10.00 FEET; THENCE RUN WOUTH 09DEG.20'20" EAST A DISTANCE OF 25.00 FEET THENCE RUN NORTH 19DEG27'40" WEST, A DISTANCE OF 316.27 FEET; THENCE RUN NORTH 50DEG.30'20" WEST, A DISTANCE OF 12.42 FEET; THENCE RUN NORTH 89DEG.20'20" WEST A DISTANCE OF 125.30 FEET TO THE EAST RIGHT OF WAY OF SAID U.S-HIGHWAY NO. 1; THENCE RUN NORTH 19DEG.27'40" WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 421.71 FEET; THENCE RUN NORHT 69DEG.41'40" EAST A DISTANCE OF 37.60 FEET; THENCE RUN NORTH 12 DEG.23'20" WEST A DISTANCE OF 55.0 FEET; THENCE RUN NORTH 75DEG.36'40" EAST A DISTANCE OF 15.0 FEET; THENCE RUN NORTH 14DEG.23'20" WEST A DISTANCE OF 55.0 FEET; THENCE RUN NORTH 78DEG.36'40" EAST A DISTANCE OF 20.00 FEET; THENCE RUN NORTH 6DEG.23'20" WEST, A DISTANCE OF 96.0 FEET TO THE SOUTHERLY RIGHT OF WAY OF SAID STATE ROAD OUTFALL DITCH; THENCE RUN SOUTH 77DEG.12'40" EAST ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 766.93 FEET; THENCE RUN SOUTH 89 DEG.3 IT I" EAST ALONG SAID SOUTH RIGHT OF WAY OF OUTFALL DITCH A DISTANCE OF 967.63 FEET TO THE EAST LINE OF SECTION 31; THENCE RUN SOUTH OODEG.38'59" WEST ALONG SAID SECTION LINE A DISTANCE OF 859.98 FEET TO THE SOUTHEAST • CORNER OF SAID NORTHEAST'/4 POINT OF BEGINNING. LESS AND EXCEPT THE EAST 235 FEET THEREOF. TOGETHER WITH: A NON-EXCLUSIVE EASEMENT FOR WATER LINE AND WATER METER PURPOSES OVER, UNDER AND ACROSS THE SOUTH 25 FEET OF THE WEST 200 FEET OF THE EST 235 FEET OF SOUTHEAST'/ NORTHEAST'/4 OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST TOGETHER WITH THE RIGHT OF ACCESS FOR INSPECTION, MAINTENANCE AND REPAIR PURPOSES. AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: PARCEL 1: FEE SIMPLE A PARCEL OF LAND LYING IN THE NORTHEAST %4 OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF THE NORTHEAST'/4 OF SAID SECTION 31 RUN NORTH 89DEG.20'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST'/ OF SAID SECTION31 RUN NORHT 89DEG.20'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST %4 OF SAID Page 6 of 9 Attachment 5 • • ORDINANCE NO. 2007 - SECTION 31 A DISTANCE OF 235.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE CONTINUE NORHT 89DEG20'20" WEST, ALONG SAID SOUTH LINE A DISTANCE OF 1115.20 FEET; THENCE NORTH 19DEG27'40" WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89DEG.20'20" EAST, A DISTANCE OF 25.54 FEET; THENCE NORTH 19DEG.27'40" WEST, A DISTANCE OF 315.82 FEET; THENCE NORTH 50DEG.30'20" WEST A DISTANCE OF 12.42 FEET; THENCE NORTH 89DEG.20'20" WEST, A DISTANCE OF 125.84 FEET TO THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 (160 FEET RIGHT OF WAY); THENCE NORTH 19DEG.27'40: WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 421.32 FEET; THENCE NORTH 69DEG.41'40" EAST, A DISTANCE OF 37.58 FEET; THENCE NORTH 12DEG.23'20" WEST, A DISTANCE OF 55.19 FEET; THENCE NORTH 75DEG.36'40"EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 14DEG.23'20" WEST, A DISTANCE OF 55.00 FEET; THENCE NORTH 78DEG.36'40" EAST, A DISTANCE OF 20.00 FEET, THENCE NORTH 06DEG.23'20" WEST, A DISTANCE OF 96.00 FEET TO THE SOUTH LINE OF A 50 FT WIDE FLORIDA DEPARTMENT OF TRANSPORTATION OUTFALL DITCH RIGHT OF WAY; THENCE SOUTH 77DEG.15'11 " EAST ALONG SAID SOUTH LINE A DISTANCE OF 766.70 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89DEG.28'31" EAST, A DISTANCE OF 732.60 FEET; THENCE SOUTH OODEG.38'59" WEST, PARALLEL WITH AND 235 FEET WEST OF BY RIGHT ANGLE MEASUREMENT OF THE EAST LINE OF AFORESAID SECTION 31 A DISTANCE OF 858.70 FEET TO THE POINT OF BEGINNING. PARCEL 2: EASEMENT EASEMENT RIGHTS GRANTED IN SPECIAL WARRANTY DEED RECORDED 9/3/93 IN 0. R. BOOK 987, PAGE 1220, FURTHER DESCRIBED AS FOLLOWS: A .PARCEL OF LAND LYING IN THE NORTHEAST/, OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED: FROM THE SOUTHEAST CORNER OF THE NORTHEAST''/4 OF SAID SECTION 31 RUN NORTH 89DEG.20'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST'/ OF SAID SECTION 31, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 89DEG.20'20" WEST, ALONG SAID SOUTH LINE OF THE NORTHEAST'/4 A DISTANCE OF 200.00 FEET; THENCE NORTH OODEG.38'59" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 89DEG.20'20" EAST, A DISTANCE OF 200.00 FEET; THENCE SOUTH OODEG.38'59" WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. CONTAINING 779.86 ACRES, MORE OR LESS IS CHANGED FROM L-2, LOW-DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), AND M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE),TO MHRP, MOBILE HOME RENTAL PARK (UP TO 8 UNITS/ACRE). Page 7 of 9 Attachment 5 0 9, ORDINANCE NO. 2007 - SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severabilitv It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this ordinance and, therefore, this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission' finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming their effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the_ day of , 2007, for a public hearing to be held on the 23rd day of October, 2007, at which time it was moved for adoption by Commissioner seconded by Commissioner and adopted by the following vote: Gary C. Wheeler, Chairman Sandra L. Bowden, Vice Chairman Wesley S. Davis, Commissioner Peter D. O'Bryan, Commissioner Joseph E. Flescher, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY LIM Gary C. Wheeler, Chairman ATTEST BY: Page 8 of 9 Attachment 5 C� • 0 ORDINANCE NO. 2007 - Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY �)� w�✓ William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Ro ert M. Keating, AICP; ommu ity Develo ment Director FACommunity Development\Users%ONG RANGE\CompPlan Amendments\2007 Jan\LUDA for MHRP\CP LUDA Ordinance.doc Page 9 of 9 Attachment 5 0 ORDINANCE NO. 2007- 032 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±779.86 ACRES FROM L-2, LOW-DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), AND M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE), TO MHRP, MOBILE HOME RENTAL PARK (UP TO 8 UNITS/ACRE); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the County received comprehensive plan amendment applications during its January 2007 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on April 12, 2007, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on May 8, 2007, after advertising pursuant to F.S. 163.3184(15xb)l and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs with a request for review, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, and WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on May 22, 2007, pursuant to F.S. 163.3184(4), and WHEREAS, the County received the Florida Department of Community Affairs Objections, Recommendations, and Comments report on July 23, 2007, and WHEREAS, the Florida Department of Community Affairs had no objections, recommendations, or comments concerning this amendment, and 0 Page 1 of 9 • ORDINANCE NO. 2007- 032 WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on October 23, 2007, after advertising pursuant to F.S.163.3184(15)(b); NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and the Board of County Commissioners directs staff to transmit three (3) copies of the amendment to the State of Florida Department of Community Affairs and one (1) copy to the Treasure Coast Regional Planning Council, SECTION 2. Amendment to the Comprehensive Plan The land use designation of the following described property situated in Indian River County, Florida to wit: • BEACH COVE THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20 TOWNSHIP 31 SOUTH RANGE 39 EAST, LESS THE NORTH 555.2 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20 TOWNSHIP 31 SOUTH RANGE 39 EAST INDIAN RIVER COUNTY FLORIDA (1325/2715) COUNTRYSIDE NORTH INDIAN RIVER FARMS COMPANY SUB PBS 2-25 TRACT 11 LESS NORTH 660.8 FEET LESS RIGHT-OF-WAY DESCRIBED IN OR BK 712 PP 247 AND NORTH 660 FEET OF EAST 330 FEET AND NORTH 330 FEET OF WEST 330 FEET OF EAST 660 FEET OF TRACT 13 AND TRACTS 14, 15,15 AKA COUNTRYSIDE MOBILE HOME PARK FKA VILLAGE GREEN WEST (PHASE IV). COUNTRYSIDE SOUTH INDIAN RIVER FARMS COMPANY SUB PBS 2-25 THAT FOR OF TRACTS 1 AND 2 IN SECTION 11-33-38 AS FOLL: BEGINNING AT NORTHEAST CORNER OF SAID TRACT 1 SAME POINT BEGINNING NORTHEAST CORNER OF SAID SECTION 11; THE SOUTH 00 DEG 12 MIN 13 SECTION E LINE OF SAID TRACT 1, SAME BEING EAST LINE OF NORTHEAST QUARTER OF Page 2 of 9 0 • ORDINANCE NO. 2007- 032 SAID SECTION 11, 1, 190.0 FEET; THE SOUTH 89 DEGREE 33 MIN 03 SECTION W 640.0 FEET; THE NORTH 00 DEGREE 12 MIN 13 SEC W, 200.0 FEET; THE SOUTH 89 DEGREE 33 MIN 03 SEC W 662.92 FEET; THE SOUTH 62 DEGREE 51 MIN 57 SEC W 387.73 FEET TO ARC OF A CIRCULAR CURVE TO RIGHT CONCAVE NORTHERLY HAVING A RAD OF 485.0 FEET: THEN NORTHERLY ALONG ARC OF SAID CURVE, THROUGH CENT ANGLE OF 21 DEG MIN 07 SEC 182.15 FEET ( CHORD IS BEARING NORTH 16 DEG 23 MIN 01 SEC W 181.08 FEET); THEN SOUTH 89 DEG 33 MIN 03 SEC W 967.13 FEET TO WEST LINE OF SAID TRACT 2; THEN NORTH 00 DEG 11 MIN 53 SEC W 990.0 FEET TO A CONCRETE MONUMENT AT NORTHWEST COENER OF SAID TRACT 2; THEN NORTH 89 DEG 33 MIN 03 SEC E ALONG NORTH LINE OF SAID TRACTS 1 AND 2 SAME LINE BEING NORTH LINE OF NORTHEAST QUARTER OF SAID SECTION 11 2666.10 FEET TO POINT OF BEGINNING; LESS AND EXCEPT EAST 30.0 FEET THEREOF FOR ROAD RIGH -OF -WAY FOR 82ND AVENUE (RANCH ROAD). HERITAGE VILLAGE / PLANTATION INDIAN RIVER FARMS RIVER FARMS COMPANY SUBDIVISION PBS 2-25 TRACT 9 LESS PARCEL IN NORTHEAST CORNER AS DESCRIBED IN OR BK 479 P 636 AND LESS ROAD AND CANAL RIGHT-OF-WAYS AND TRACT 10 LESS WEST 10 ACRES AND LESS CANAL RIGHT-OF-WAY. HERON CAY INDIAN RIVER FARMS COMPANY SUB PBS 2-25 TRACT 3 LESS WEST 253.60 FEET OF NORTH 758.51 FEET AND TRACT 4 LESS NORTH 862.9 FEET AND TRACTS 5 AND 6 LESS RIGHT-OF-WAYS (OR BK 662 PP 1297) HOLIDAY VILLAGE INDIAN RIVER FARMS COMPANY SUB CONTINUED INDIAN RIVER FARMS COMPANY SUDIVISION PBS 2:25 WEST 20.29 A OF TRACT 4, LESS CANAL AND ALSO LESS RIGHT-OF-WAY PER MAINTANANCE MAP RECORDED IN PBI 14-47 RANCHLAND MOBILE HOME PARK INDIAN RIVER COUNTY FARMS COMPANY SUB PBS 2-25 EAST 20.46 A OF TRACT 8, LESS FOLL: BEGINNING AT INTERSECTION OF NORTH RIGHT-OF-WAY OF RANCH ROAD; THEN WESTERLY 510.0 FEET; THEN NORTHERLY 110 FEET; THEN EASTERLY 510.0.FEET; THEN SOUTHERLY 110 FEET TO POINT OF BEGINNING LESS ROAD RIGHT-OF-WAY (OR BK 680 PP 2552) SHADY REST MOBILE HOME PARK C7 Page 3 of 9 0 ORDINANCE NO. 2007- 032 TOWN OF WAUREGAN PBS 1-178-179 ALL THAT PART OF LOTS 17,18 AND 19 LYING WESTERLY OF US HIGHWAY NO. 1 AS IN BK 302, PP 337 AND R BK 271 PP 234 VILLAGE GREEN PBS 2-25 TRACTS 3 AND 4 LESS NORTH 30 FEET AND ALSO LESS WEST 100 FEET OF TRACTS 4 AND 5 THEREOF AND EAST 20 A OF TRACT 6 AND NORTH 4 A OF EAST 10.265 A OF WEST 20.53 A OF SAID TRACT 6 AND ALSO INC (IN SECTION 31-32-39) TRACT 13, LESS WEST 100 FEET AND ALSO EAST 10 A TRACT 14 AND LESS RIGHT-OF-WAY FOR STATE ROAD 60 AND WALKER ROAD AND ALSO LESS FOLL DESC PROP; COM AT SOUTHWEST CORNER OF TRACT 5, THEN NORTH 00 DEG 24 MIN 18 SEC E ALONG WEST LINE OF SECTION 6 163.16 FEET THEN SOUTH 89 DEG 43 MIN 39 SEC E 100 FEET TO POINT OF BEGINNING AT INTERSECTION OF NORTH RIGHT-OF-WAY OF STATE ROAD 60 AND EAST LINE OF RANGE LINE CANAL LATERAL C THEN NORTH 00 DEG 24 MIN 18 SEC EAST ALONG EAST LINE OF SAID LATERAL C 284.15 FEET THEN SOUTH 89 DEG 34 MIN 56 SEC EAST 59.29 FEET THEN SOUTH 00 DEG 32 MIN 19 SEC W 108.92 FEET THEN SOUTH 89 DEG 10 MIN 42 SEC EAST 110.67 FEET THEN N 00 DEG 32 MIN 19 SEC E 109.70 FEET THEN SOUTH 89 DEG 34 MIN 56 SEC E 413.17 FEET THEN SOUTH 00 DEG 29 MIN 48 SEC W 282.67 FEET, M/L, TO NORTH RIGHT-OF-WAY LINE OF SAID STATE ROAD 60 THEN NORTH 89 DEG 43 MIN 39 SEC W ALONG NORTH RIGHT-OF-WAY LINE OF SAID STATE ROAD 60 582.68 FEET TO POINT OF BEGINNING ALSO KNOWN AS VILLAGE GREEN. LAKEWOOD VILLAGE TRACTS 1 AND 8, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY OF IN'IBRSTATE-95, THE NORTH 862.9 FEET OF TRACT 4, AND THE NORTH 758.51 FEET OF THE WEST 253.6 FEET OF TRACT 3, SECTION 11, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS RIGHT-OF-WAY. ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; TO -WIT: THAT PART OF TRACTS 3 AND 4, SECTION 11, TOWNSHIP 33 SOUTH, RANGE 38 EAST, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A POINT 40 FEET EAST AND 30 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN NORTH 89"54'26" EAST, A DISTANCE OF 1545.54 FEET ALONG THE SOUTH RIGHT-OF-WAY OF SUB - LATERAL CANAL R-2 (IRFWCD), THENCE RUN SOUTH 00"08'28" WEST, A DISTANCE OF 728.66 FEET TO FOUND IRON PIN; THENCE RUN SOUTH 89"56'10" WEST, A DISTANCE OF 253.53' TO A FOUND IRON PIPE; THENCE RUNSOUTH 00"07'49" WEST, A DISTANCE OF 104.39 FEET TO A FOUND IRON PIN; THENCE RUN SOUTH 89"54'29" WEST, A DISTANCE OF 1292.05 FEET TO A FOUND IRON PIN BEING ON THE EXISTING EAST RIGHT-OF-WAY OF 90TH AVEENUE; THENCE RUN NORTH 00"08'35" EAST, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 832.90 FEET TO THE POINT OF BEGINNING. AND Page 4 of 9 is • ORDINANCE NO. 2007- 032 THAT PART OF TRACTS I AND 8, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY OF INTERSTATE -95, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT A POINT 40 FEET WEST AND 30 FEET SOUTH OF THE NORTHEAST COENER OF SAID SECTION 10, THENCE RUN SOUTH 00"08'35" WEST, ALONG THE EXISTING WEST RIGHT-OF-WAY OF 90TH AVENUE, A DISTANCE OF 2589.55 FEET TO A FOUND CONCRETE MONUMENT, SAINT POINT LYING 40 FEET WEST AND 30 FEET NORTH OF THE SOUTHEAST CORNER OF SADI TRACT 8; THENCE RUN NORTH 89"22'47" WEST, A DISTANCE OF 810.01 FEET TO A FOUND CONCRETE MONUMENT AND THE EAST RIGHT-OF-WAY OF INTERSTATE -95; THENCE RUN NORTH 00"08'34" EAST, ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 2060.52 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE CONTINUE ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 5"10'08", A RADIUS OF 5879.58 FEET, AN ARC DISTANCE OF 530.43 FEET ALSO SAID CURVE HAVING A CHORD BEARING OF NORTH 02"27'44" WEST, A CHORD DISTANCE OF 530.25 TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF SUB -LATERAL R-2 CANAL (IRFWCD) AND FOUND IRON PIPE; THENCE RUN SOUTH 89"20'50" EAST, A DISTNACE OF 843.13 FEET TO A FOUND IRON PIPE AND POINT OF BEGINNING. TANGLEWOOD VILLAGE COMMENCING AT THE NORTHEAST CORNER OF THE NW %, OF SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, AND FROM THENCE RUN SOUTH ALONG THE EAST LINE OF SAID NW'/<, 671.53 FEET TO THE POINT OF BEGINNING; THENCE RUN WEST TO THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE RUN SOUTHEASTERLY ALONG THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD TO THE SOUTH BOUNDARY LINE OF THE NORTH %z OF THE NW 1/4 OF SECTION 30; THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NE 1/4 OF THE NW V4 OF SAID SECTION 30; THENCE RUN NORTH ALONG THE EAST BOUNDARY OF SAID NW '/4 OF SECTION 30 TO THE POINT OF BEGINNING; LESS AND EXCEPTING FROM THE ABOVE PARCEL OF THE SOUTH 360 FEET THEREOF LYING BETWEEN THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD AND THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #1, AS IN DEED FILED IN OFFICIAL RECORDS BOOK 218, PAGE 358: ALSO LESS AND EXCEPT THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 793, PAGE 1333, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA: ALSO LESS AND EXCEPT RIGHT-OF-WAY FOR PRESENT U.S. HIGHWAY #1. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. MUDWAY ESTATES ALL THAT PART OF THE NORTHEAST''/4 OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, LYING EAST OF U.S. HIGHWAY NO. 1 AND SOUTHERLY OF THE SOUTH RIGHT OF WAY OF A STATE ROAD OUTFALL DITCH AS SHOWN ON THE DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION NO. 8801-206, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST'/; THENCE RUN NORTH 89DEG.20'20" WEST ALONG THE QUARTER SECTION Page 5 of 9 0 • ORDINANCE NO. 2007- 032 LINE A DISTANCE OF 1350.07 FEET TO A POINT LYING 105 FEET EAST OF THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1; THENCE RUN NORTH 19DEG.27'40" WEST AND PARALLEL TO THE SAID EAST RIGHT OF WAY A DISTANCE OF 10.00 FEET; THENCE RUN WOUTH 09DEG.20'20" EAST A DISTANCE OF 25.00 FEET THENCE RUN NORTH 19DEG27'40" WEST, A DISTANCE OF 316.27 FEET; THENCE RUN NORTH 50DEG.30'20" WEST, A DISTANCE OF 12.42 FEET; THENCE RUN NORTH 89DEG.20'20" WEST A DISTANCE OF 125.30 FEET TO THE EAST RIGHT OF WAY OF SAID U.S.HIGHWAY NO. 1; THENCE RUN NORTH 19DEG.27'40" WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 421.71 FEET; THENCE RUN NORHT 69DEG.41'40" EAST A DISTANCE OF 37.60 FEET; THENCE RUN NORTH 12 DEG.23'20" WEST A DISTANCE OF 55.0 FEET; THENCE RUN NORTH 75DEG.36'40" EAST A DISTANCE OF 15.0 FEET; THENCE RUN NORTH 14DEG.23'20" WEST A DISTANCE OF 55.0 FEET; THENCE RUN NORTH 78DEG.36'40" EAST A DISTANCE OF 20.00 FEET; THENCE RUN NORTH 6DEG.23'20" WEST, A DISTANCE OF 96.0 FEET TO THE SOUTHERLY RIGHT OF WAY OF SAID STATE ROAD OUTFALL DITCH; THENCE RUN SOUTH 77DEG.12'40" EAST ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 766.93 FEET; THENCE RUN SOUTH 89 DEG.31'01" EAST ALONG SAID SOUTH RIGHT OF WAY OF OUTFALL DITCH A DISTANCE OF 967.63 FEET TO THE EAST LINE OF SECTION 31; THENCE RUN SOUTH OODEG.38'59" WEST ALONG SAID SECTION LINE A DISTANCE OF 859.98 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST'/4 POINT OF BEGINNING. LESS AND EXCEPT THE EAST 235 FEET THEREOF. TOGETHER WITH: A NON-EXCLUSIVE EASEMENT FOR WATER LINE AND WATER METER PURPOSES OVER, UNDER AND ACROSS THE SOUTH 25 FEET OF THE WEST 200 FEET OF THE EST 235 FEET OF SOUTHEAST 1/4 NORTHEAST %4 OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST TOGETHER WITH THE RIGHT OF ACCESS FOR INSPECTION, MAINTENANCE AND REPAIR PURPOSES. AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: PARCEL 1: FEE SIMPLE A PARCEL OF LAND LYING IN THE NORTHEAST'/4 OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF THE NORTHEAST %4 OF SAID SECTION 31 RUN NORTH 89DEG.20'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST % OF SAID SECTION31 RUN NORHT 89DEG.20'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST %4 OF SAID SECTION 31 A DISTANCE OF 235.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE CONTINUE NORHT 89DEG20'20" WEST, ALONG SAID SOUTH LINE A DISTANCE OF 1115.20 FEET; THENCE NORTH 19DEG27'40" WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89DEG.20'20" EAST, A DISTANCE OF 25.54 FEET; THENCE NORTH 19DEG.27'40" WEST, A DISTANCE OF 315.82 FEET; THENCE NORTH Page 6 of 9 • ORDINANCE NO. 2007- 032 50DEG.30'20" WEST A DISTANCE OF 12.42 FEET; THENCE NORTH 89DEG.20'20" WEST, A DISTANCE OF 125.84 FEET TO THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 (160 FEET RIGHT OF WAY); THENCE NORTH 19DEG.27'40: WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 421.32 FEET; THENCE NORTH 69DEGA 1'40" EAST, A DISTANCE OF 37.58 FEET; THENCE NORTH 12DEG.23'20" WEST, A DISTANCE OF 55.19 FEET; THENCE NORTH 75DEG.36'40"EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 14DEG.23'20" WEST, A DISTANCE OF 55.00 FEET; THENCE NORTH 78DEG.36'40" EAST, A DISTANCE OF 20.00 FEET, THENCE NORTH 06DEG.23'20" WEST, A DISTANCE OF 96.00 FEET TO THE SOUTH LINE OF A 50 FT WIDE FLORIDA DEPARTMENT OF TRANSPORTATION OUTFALL DITCH RIGHT OF WAY; THENCE SOUTH 77DEG.15'11 " EAST ALONG SAID SOUTH LINE A. DISTANCE OF 766.70 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89DEG.28'31" EAST, A DISTANCE OF 732.60 FEET; THENCE SOUTH OODEG.38'59" WEST, PARALLEL WITH AND 235 FEET WEST OF BY RIGHT ANGLE MEASUREMENT OF THE EAST LINE OF AFORESAID SECTION 31 A DISTANCE OF 858.70 FEET TO THE POINT OF BEGINNING. PARCEL 2: EASEMENT EASEMENT RIGHTS GRANTED IN SPECIAL WARRANTY DEED RECORDED 9/3/93 IN 0. R. BOOK 987, PAGE 1220, FURTHER DESCRIBED AS FOLLOWS: A PARCEL OF LAND LYING IN THE NORTHEAST V, OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED: FROM THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 31 RUN NORTH 89DEG.20'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST'/4 OF SAID SECTION 31, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 89DEG.20'20" WEST, ALONG SAID SOUTH LINE OF THE NORTHEAST 1/4 A DISTANCE OF 200.00 FEET; THENCE NORTH OODEG.38'59" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 89DEG.20'20" EAST, A DISTANCE OF 200.00 FEET; THENCE SOUTH OODEG.38'59" WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. CONTAINING 779.86 ACRES, MORE OR LESS IS CHANGED FROM L-2, LOW-DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), AND M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE),TO MHRP, MOBILE HOME RENTAL PARK (UP TO 8 UNITS/ACRE). SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Page 7 of 9 9 • SECTION 4. Severability ORDINANCE NO. 2007- 032 It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this ordinance and, therefore, this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming their effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press-Joumal on the$th qay of October , 2007, for a public hearing to be held on "the 23rd day of October, 2007, at which time it was moved for adoption by Commissioner_ O'Bryan seconded by Commissioner Flescher and adopted by the following vote: Gary C. Wheeler, Chairman Aye Sandra L. Bowden, Vice Chairman Aye Wesley S. Davis, Commissioner Aye_ Peter D. O'Bryan, Commissioner Aye Joseph E. Flescher, Commissioner Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: G It'14-It- GW C. Wheeler, Chairman ATTEST BY: k.W+- ( c, A �_�l i� • C ' f1W : Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Page 8 of 9 is ORDINANCE NO. 2007- 032 William G. Collins H, County Attorney APPROVED AS TO PLANNING MATTERS Ro ert M. eating, A ; Co unity a lopment Director FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2007 7an\LUDA for WUMCP LURA Ordinance.doc Page 9 of 9 0