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HomeMy WebLinkAbout2008 - O-08-01 Continuation 1st ReadingCM Of SEBAST HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: Continuation of First reading of Ordinance 0-08- 01; petition for Voluntary Annexation by Shady Rest Mobile Home Park Trust U/A, for a 17.14 acre parcel of land located at 13225 U.S. 1 Submittal by: City Manager Agenda No. 0&052 Department Origin: Growth Mana eg j*nll Purchasing/Contracting: Finance Director: City Attorney: City Clerk• Date Submitted: June 4, 2008 For Agenda of: June 11, 2008 Exhibits: Revised Annexation Agreement dated 5-13-08; Atty. Dill letter dated 6-4-08; Color coded lot map; Petition: Packet from 4/23/08 Citv Council meetine (under separate cover) XPENDITURE REQUIRED:I AMOUNT BUDGETED: I APPROPRIATION REQUIRED: None I None None SUMMARY The owners of Shady Rest Mobile Home Park have submitted a request for annexation of 17.14 acres of land located at 13225 U.S. 1. The subject property consists of two parcels, 30-38-21-00001-0000-00017.0 and 30-38-21-00001-0000-00020.0 is located on the west side of U.S. 1 between the St. Sebastian Catholic Church property and Home Depot. The owners also submitted applications for a land use designation of Riverfront Mixed Use (RMU) and a zoning designation of Commercial Riverfront (CR). At this time, the Indian River County land use designation is MHRP/M-1 (Mobile Home Rental Park, 8 units per acre) and the Indian River County zoning designation is RMH-8 (Residential Mobile Homes, 8 units per acre). If annexed, the property will be subject to the Riverfront Overlay District regulations. The property would not, however, be a part of the Community Redevelopment District, unless the district boundaries are amended. This is a continuation of the first reading of Ordinance 0-08-01 from the April 23, 2008 City Council meeting. In the agenda packet for that meeting, the annexation agreement presented for consideration stated that the owner would continue to operate Shady Rest as a mobile home park for an additional five (5) years, but if the rented spaces fell below 50% (59 spaces vacant), the five-year guarantee would be null and void. At the meeting, Mr. Howland offered to amend the annexation agreement by removing the vacancy clause, thus ensuring continuation of the mobile home park for five years. As stated in the April 23, 2008, Sebastian City Council minutes, "MOTION by Mr. Paternoster, SECOND by Ms. Simchick to postpone this issue (the annexation) until such time residents had opportunity to seek advice of counsel, ensure the fact that they completely understand everything that is going and if they are then satisfied, we can go forward" The revised annexation agreement is attached. Following the April 23, 2008 City Council meeting, the revised agreement dated May 13, 2008 was provided to each resident along with a petition in support of the annexation. Attorney Warren Dill summarized the results in his letter dated June 4, 2008 (attached), which shows 86% of the residents in support of the annexation and agreement. RECOMMENDED ACTION "Move to pass Ordinance No. 0-08-01 on first reading. Second reading and public hearing to be scheduled following review of the proposed land use amendment by the Department of Community Affairs." Regular City Council Meeting April 23, 2008 Page Eight 12. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. 13. NEW BUSINESS 08.052 A. First Reading Ordinance No. 0-08-01 - Voluntary Annexation of Shady Rest backupprovided under separate cover) 10.20 pm AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.15 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. The City Attorney read the title and stated this is a legislative matter and not quasi-judicial and the discretion to annex lies strictly with Council. Warren Dill, representing applicants Ed Howland and Carole Wagner stated the applicants have owned the park for fifty years and Mr. Howland as well as the park manager was available for questions tonight. Mr. Dill pointed out the contiguous property on a map and asked that compassion be shown for the residents of Shady Rest, said the County has placed a serious burden on this property owner in that it can only be a mobile home park and the County will not allow RVs in mobile home parks which are needed to supplement the park's income. He continued to explain that Commissioner Wheeler is willing to work with staff to allow RVs but the problem is that the process takes a year to 18 months and the owner is currently breaking even. Mr. Dill said the residents suggested filling the vacancies with RV's and during the meeting break Mr. Howland deleted any percentage requirement of vacancies and stated he will keep the park open for a minimum of five years. MOTION by Mr. Paternoster, SECOND by Mr. Neglia to extend the meeting until 11:00 p.m. passed with a voice vote of 5-0. The Growth Management Director stated staff has advocated the owner provide longer than required six month notice to move from the beginning, there would be no trigger if vacancy fell below a percentage, and RV's would be allowed. Public Comment Ken Lerby, 13225 US Hwy 1, said he has mixed feelings about this and it sounds like it's going to be all right. Regular City Council Meeting April 23, 2008 Page Nine Ms. Simchick asked if Council voted for the annexation, how would that affect the agreement in the packet. The City Attorney explained this ordinance can be passed on first reading with the condition that the agreement be rewritten and final adoption will take place in a few months after review by the Department of Community Affairs (DCA). He also said the agreement could be on the next agenda with the condition that the park is annexed. Jane Adams asked if the park is annexed, does it mean the park stays for five years with RVs which is non -conforming with the City. She said she called DCA who said they would deny the RV's. The City Attorney said whether or not RVs are there is not within DCA's authority. Ms. Adams said if Mr. Howland wants it to remain a park why doesn't he keep it in the County. Mr. Paternoster asked for a show of hands for those who wanted the annexation with the amended agreement. There were about 20 citizens for the annexation and three wanted to stay in the County. Evelyn Rupp said if it is true Mr. Howland is going to give them five years she is all for it. Mr. Paternoster asked if during five year period the owner could sell the property. The City Attorney said the agreement would run with the land and a new owner would be subject to the agreement. Mr. Wolff asked what if he raises the rent. The City Attorney replied there are statutory restrictions for what owners can do with mobile home parks. Claire Ranahan, 13225 US Hwy 1, stated she is comfortable with five years. Diane Reynolds, who shares a lot with her mother, said she hopes the right decision is made for the people of Shady Rest. Ilene Flom said she heard there is a new prospectus being drawn up and the park might not remain a 55+ park, and that taxes will go up and be passed on to residents. Mayor Coy asked if taxes are passed through their rent. The City Attorney said that would be in their lease agreement. Gary Wheeler, Indian River County Commissioner, stated his concerns are the residents who should have an opportunity to digest this; they are not represented by an attorney, they may feel pressured to accept the five years as opposed to the six months; asked why Mr. Howland is changing to commercial riverfront which might be in non-compliance if he wants to remain a park. He reminded Council that a few years back, there was a straw ballot that voters didn't want residential annexation. 9 tG' Regular City Council Meeting Apd123, 2008 Page Ten Mr. Wheeler also said they were sold a lifestyle not just a mobile home, it is very difficult to displace older residents and at a minimum they need time to discuss and think with a clear head. (For the record, the straw ballot result opposed any annexation) Edward Howland, owner of the park for 22 years stated he didn't raise the rent when the hurricanes came through, he does not pass through capital improvement expenses or taxes, and he is very sincere with the five year agreement. MOTION by Mr. Paternoster, SECOND by Ms. Simchick to postpone this issue (the annexation) until such time residents had opportunity to seek advice of counsel, ensure the fact that they completely understand everything that is going and if they are then satisfied, we can go forward. The City Attorney asked the motion to include the next item in the continuation. Mr. Dill, attorney for the petitioner, requested a continuation date of June 11'h. Mr. Paternoster and Ms. Simchick agreed to amend the motion to include continuation of the Public Hearing for Ordinance No. 0-08-02 (land use change) as well to June 11 `h 2008. (Editor's note — The first reading of Ordinance No. 0-08-03 (rezoning), due to it's relation to these two ordinances, will automatically carry to the June 11, 2008 meeting as well because it cannot be addressed or acted upon prior to the annexation and land use issues — Sally Maio, City Clerk) The motion carried with a voice vote of 5-0. 13. PUBLIC HEARING 08.052 B. First Reading and Transmittal Hearing Ordinance No. 0-08-02 - Land Use - Shady Rest Mobile Home Park, 13225 US Highway 1 —17.15 Acres — Riverfront Mixed Use (RMU) (backup provided under separate cover) 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 17.15 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. 08.052 C. First Reading Ordinance No. 0-08-03 — Rezoning — Shady Rest Mobile Home Park, 13225 US Highway 1 — 17.15 Acres — Commercial Riverfront Zoning (backup provided under separate cover) 10 Regular City Council Meeting April 23, 2008 Page Eleven 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 (RMH-8) FOR LAND CONSISTING OF 17.15 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 EFFECTIVE DATE. The following items will be carried forward to the May 14th, 2008 Regular City Council Meeting: 08.054 D. Land Development Code Business Sign Change Recommendations (GMD 103-107 Transmittal, Memo) 08.055 E. Liberty Park Planned Development Discussion (GMD/City Manager Transmittal, 109-134 Memo, Plan, Maps, Letter, Q & A from Developer's book) 08.031 F. Resolution R-08-04 — Florida Dept. of Transportation Supplemental Joint 131-140 Participation Agreement for Hangar Construction (Airport Transmittal, FDOT Letter, Agreement, R-08-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATON SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 08.056 G. Resolution R-08-06 — Florida Forever (City Manager Transmittal, Resolution) 141-143 A RESOLUTION OF THE CITY OF SEBASTIAN, SUPPORTING THE CREATION AND FUNDING BY THE FLORIDA LEGISLATURE A SUCCESSOR PROGRAM TO THE FLORIDA FOREVER LAND CONSERVATION PROGRAM; DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO STATE LEADERS; AND PROVIDING FOR AN EFFECTIVE DATE. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS 18. ADJOURN Approved at the May 14, 2008 Regular City Council meeting. l� Andrea Coy, Mayor ATTES . Sally A. Maio, C — City Clerk 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 A 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 with no current plans to change the use of the Property; and Page 1 of 5 �..._ f 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 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 designation and a new zoning district for the Property does not result in a change of use of the Property. /^ Page 2 of 5 W� 1 5. Mobile home and recreational vehicle rental parks (as defined in the Sebastian Land Development Code) are not a listed 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 and its 117 rental spaces shall be allowed to be used for such 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 rental of the 117 spaces shall cease and 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 in 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, 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. 7. 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. 8. Either party may enforce the terms of this Annexation Agreement by any action at law or in equity. It is stipulated, without limitation to other such remedies, that injunctive relief be available without requirement that the absence of an adequate remedy at law be proved. In the event that it is adequately shown that Owner or its agent is unable to, or otherwise ceases to, sustain and manage the mobile home park in a manner that maintains its functionality, other than as a result of a natural disaster or other casualty, Owner stipulates that appointment of a receiver is an appropriate remedy in the Page 3 of 5 Ar enforcement of this Agreement. Nothing herein should be construed as a waiver of any right granted by law or equity to enforce this Annexation Agreement. 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: with a copy to: parties. Edward R. Howland Crown Building 3662 Katella Blvd. Los Alamitos, CA 90720 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 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 Of cer) 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. "SEAL" 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, Co -Trustee 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: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 12008, by Carole Wagner, Co -Trustee 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" Page 5 of 5 Notary Public My Commission Expires: My Commission Number is: ' ' � 'f/ � / ' WARREN W. DILL Also admitted in Wyoming Nebraska June 4, 2008 DILL & EVANS, P.L. ATTORNEYS AT LAW 1565 US Highway 1 Sebastian, Florida 32958 Rebecca Grohall, AICP Growth Management Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Shady Rest JOHN G. EVANS Also Admitted in California MICHELLE D. NAPIER Hand Delivered this date Following the April 23, 2008 City Council meeting, the Annexation Agreement was revised to provide for an occupancy period of at least five (5) years and other changes requested by the City. The revised Annexation Agreement dated May 13, 2008 was provided to each mobile home owner along with a Petition in Support of the Annexation. I have enclosed Petitions signed by 83 residents representing 59 lots in support of the Annexation. There were seven (7) mobile home owners that did not responded. I am advised that there are three (3) mobile home owners in opposition to the annexation. I have also enclosed five (5) color coded copies of the Shady Rest Street Numbering (Lot locations) plan. A summary of the responses based upon lot numbers is as follows: 59 Lots (83 residents -86%) in favor of annexation 7 Lots (10 residents -10%) did not respond 3 Lots (3 residents -4%) against annexation 48 Lots vacant 117 Total Lots As you can see, the support for annexation is overwhelming. I trust the City will find this information helpful in reviewing the annexation of this property. Very Tlruly yours, Warren W. Dill W WD/ic Enc. cc: Mr. Edward R. Howland Mr. Jim Williams Tel: (772) 589-1212 Fax: (772) 589-5212 Cn (7) n ar�z "d U �-3 Oar C y O M 1-3 d Hto a HrC, tr1 O tr1 yzr H I r a �-3 td O HHr+::� xzQ" O H 0 N N N O cD co y PATRICIA A•12 A•11 A•10 A•9 A•8 A•7 N 'll Q1 A P A 4 4 N N N CA (A w Ui G7 V 0� to O f+ N W A N o gc O t0 co y DAVID DONNA W A N G� y cD H 1-+ 0 O ►+ ty W H � H W `s H O H CA � CO Cp to W q Q7 O N CA 4 H H N N N N• N H H F+ h+ f+ A W N H O cA 00 �J 0 U� DONNA 11 .2 •3 •4 •5 •6 3 4 5 6 7 8 W A N G� y cD H 1-+ H ►-► H � H W H H O H CA � CO Cp to W q Q7 O N CA 4 H H H N r1 i H O H O H O H •• O H O n H H r 1+ H 1+ r H ►-► H c1t Cs 'J DO ca O F+ N W 4 N Q� y W RICHARD N b1 CO 0 r N W 11 .2 •3 •4 •5 •6 3 4 5 6 7 8 LOGAN H � H W H H O H CA � CO Cp to W q Q7 O N CA 4 H H H N i H O H O H O H •• O H O �+ H H H H ►+ H H H H r 1+ H 1+ r H ►-► H c1t Cs 'J DO ca O F+ N W 4 N Q� y W RICHARD 11 .2 •3 •4 •5 •6 3 4 5 6 7 8 1� C PETITION IN SUPPORT OF SHADY REST MOBIIJE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Y�3 Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to overate as, a moh;1P home park for another five (5) years. /,t-- 0 Lot # ` Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. t,�� % Lot # Lot # Lot # Lot # Lot # Lot # Lot # �J PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. �3 Lot # Lot # Lot # Z13 Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # /9 Lomat,# Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a moble home park for another five (5) years. J Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # P -L 4 /-- - --- Lot # Lot # Lot # , G> Lot # �j Lot # Lot # M PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. , Ln.� Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHAD' REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. (/7 () Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # r�, PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. i Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. 3w� t � oto Lot # A \0 Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Al Lot # 211" Lot # Lot # Lot # Lot # Lot # Lot # 0 PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (S) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. 11---� // � w y� Lot # 7 Lot # /d Lot # 106 Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot if Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. W/ Lot # Sz- Lot # I Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. �n Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. cy Lot # Lot # Lot # Lot # Lot # Lot # Lot # 6 PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # �'3 Q ) PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARD ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # �3 Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHAD' REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARD ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. 6 Lot # t� Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. 2 91 Lct # -14 Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. 7 Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT Or SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. r 6 Ja► d8 Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Cis .33 Lot # .33 Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue o operate as obile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated April 23, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years rIr Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARD ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (S) years. -) Lot # Lot # D _ Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady .Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. 16 Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. I Ii cr- Lot # Lot # Lot # Lot # Lot # Lot # Lot # PETITION IN SUPPORT OF SHADY REST MOBILE HOME PARK ANNEXATION We, the undersigned, are in support of the annexation of Shady Rest Mobil Home Park, ("the Park"), into the City of Sebastian. We have read the Annexation Agreement dated May 13, 2008, between Ed Howland and Carol E. Wagner and the City of Sebastian and agree with it, especially the provision confirming that the Park will continue to operate as a mobile home park for another five (5) years. Lot # Lot # Lot # Lot # Lot # Lot # Lot # CM or SEIDASTKN HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: Continuation of First Reading and Public Hearing of Ordinance 0-08-02, Land Use Amendment for a 17.14 acres of land Agenda No. 0 E, 0 5 Z known as Shady Rest Mobile Home Park Department Origin: Growth Mana e Purchasing/Contracting: Finance Director: irifor Submittal by: City Manager City Attorney: City Clerk: R%inher Date Submitted: June 4, 2008 For Agenda of: June 11, 2008 Exhibits: Packet from 4/23/08 City Council meeting (under separate cover) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None 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." c CM a S EBT HOME OF PEL{CAN ISLAND City of Sebastian, Florida Subject: Continuation of First reading of Ordinance 0-08-03, Zoning Amendment for 17.14 acres of land known as Shady Rest Agenda No. 0 E, 0 5 2 Mobile Home Park Department Origin: Growth ManagemeiiI Purchasing/Contracting: Finance Director: for Submittal by: City Manager City Attorney: " City Clerk: AT jeer Date Submitted: June 4, 2008 For Agenda of: June 11, 2008 Exhibits: Packet from 4/23/08 City Council meeting (under separate cover) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None I None SUMMARY If annexation of the subject property is approved, the 17.14 -acre parcel must be given a City land use and zoning designation. The applicant has requested Riverfront Mixed Use (RMU) for the land use and Commercial Riverfront (CR) for the zoning. The attached staff report provides analysis of the land use and zoning requests with regard to the City of Sebastian Comprehensive Plan and Land Development Code. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property at their January 17, 2008 meeting. 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."