HomeMy WebLinkAbout2008 - Comp Plan AmendmentHOME OF PELICAN ISLAND
TRANSMITTAL OF
COMPREHENSIVE PLAN
LARGE SCALE LAND USE MAP
AMENDMENT
(SHADY REST MOBILE HOME PARK)
ORDINANCE 0-08-02
Local Planning Agency Review: January 17, 2008
(Recommendation to City Council)
DCA Transmittal Hearing — City Council: June 11, 2008
Growth Management Department, 1225 Main Street, Sebastian, Florida 32958
(772) 589-5518 Telephone (772) 388-8248 Facsimile
www.cityofsebastian.org
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1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Ray Eubanks, Plan Processing Administrator
Division of Community Planning
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
December 15, 2008
Land Use Amendment
Ordinance No. 0-08-02
• If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
•
is
Sincerely,
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
1.
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
CHAPTER 1: LAND USE ELEMENT
• (reference §9J-5.006(3), F.A.C.)
§1-1 FUTURE LAND USE GOALS, OBJECTIVES AND POLICIES. This section stipulates goals,
l._ objectives, and implementing policies for the Land Use Element pursuant to §163.3177(6)(3), F_S., and
§9J-5.006(3), F.A.C.
GOAL 1-1: LAND USE. INSURE THAT THE CHARACTER AND LOCATION OF LAND
USES INCORPORATE BEST MANAGEMENT PRACTICES AND PRINCIPLES OF
RESOURCE CONSERVATION, PROMOTE ORDERLY LAND USE TRANSITION, AND
MINIMIZE THREATS TO HEALTH, SAFETY, AND WELFARE WHICH MAY BE
ENGENDERED BY INCOMPATIBLE LAND USES, ENVIRONMENTAL DEGRADATION,
HAZARDS, AND NUISANCES.
OBJECTIVE 1-1.1: PLAN AND DESIGN FOR RESIDENTIAL QUALITY. Sufficient space shall
be provided for residential development and required community facilities to adequately meet the housing
needs of the present and expected future population. Residential development shall be planned and
designed to create and perpetuate stable residential neighborhood and implement policies stipulated
below.
Policy 1-1.1.1: Provide Access to Goods and Services and Protect Residential Areas from the
Adverse Impacts of Transition in Land Use. Stable residential areas and projected future residential
areas as delineated on the Land Use Map shall be protected from encroachment by incompatible
•nonresidential development. This objective does not preclude necessary community facilities from
ocating within residential areas when such activities satisfy established criteria of this plan and the City's
Land Development Code.
Any potential adverse impacts caused by different land uses located adjacent to each other shall be
minimized by landscaping, including vegetated berms with tree canopy, and other appropriate screening
and buffering techniques. These landscaping techniques shall be incorporated into the design of new or
redeveloping nonresidential projects located adjacent to existing or planned residential development.
Similarly, perimeter landscaping techniques shall be applied in multiple family residential developments
in order to appropriately screen and buffer existing and planned single family home sites from residential
development having differing structure types.
In addition, land development regulations shall incorporate standards and/or review criteria for mandating
retention of open space and for regulating building design, including setbacks, building placement on site,
and building orientation. These provisions shall be directed toward protecting privacy, as well as to light,
air and open space. Other reasonable design principles shall be included in the zoning code in order to
alleviate adverse impacts of potentially incompatible land uses.
Policy 1-1.1.2: Promote Orderly Land Use Transition. Where it is infeasible to separate residential
from nonresidential land uses, buffering shall be required to promote a smooth land use transition.
Buffering may take the form of 1) physical barriers, such as vegetative berms, hedges or other landscape
,,cover, walls or fences aesthetically designed for screening purposes; and open space systems with dense
ative vegetation and tree canopy; and/or 2) the development of a transitional use between the
incompatible uses (such as low intensity office development between general retail commercial centers
and residential areas).
Comprehensive Plan Goals, Objectives and Policies
09/21/99 1-1
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
Policy 1-1.1.3: Promote Orderly Transition in Residential Densities. Highest residential densities
.shall continue to be allocated to sites accessible to major thoroughfares or collector streets as identified on
the City's Major Thoroughfare Plan (Map II -1) as well as adjacent to existing development with the same
or higher density or less restrictive zoning districts. Residential densities shall be allocated in a manner
- compatible with available public services, natural features of land as well as existing and anticipated
future development.
Policy 1-1.1.4: Reinforce and Enhance Appearance of Residential Areas and Provide Amenities.
The City together with the private sector shall consider enhancing preservation of open space for scenic
vistas, especially. along transportation corridors and along the Indian River, the Sebastian River,
Schumann Lake, as well as along the Schumann, Elkcam and Collier Creek Waterways or other similar
aesthetic corridors adjacent to transportation facilities. Such enhancement shall include application of
community appearance criteria which reinforces good principles of design.
Policy 1-1.1.5: Encourage Separation of Urban and Rural Land Uses. Although the City contains no
agricultural lands, the land development code shall incorporate performance standards, urban service
- availability standards, and other similar incentives and disincentives which encourage a separation of
urban and rural land uses. This is necessary in order to maintain responsive land management policies
along the outer suburban fringe where urban development within the City could potentially impact
unincorporated agricultural lands.
OBJECTIVE 1-1.2: ALLOCATING COMMERCIAL DEVELOPMENT. Commercial development
shall be comprised of a wide range of business uses. The City shall promote the image and function of
•the central business district, the area generally located as the City's center for commerce as well as civic
and cultural enrichment. In this pursuit the City shall enhance the identity, design, and vitality. of the
waterfront corridor which provides a unique waterfront activity center within the central core area of the
City. The allocation of land resources shall consider the location and space requirements of commercial
activities and potential fiscal and environmental impacts on the City of Sebastian.
Policy 1-1.2.1: General Considerations for Locating Commercial Development. The location and
distribution of specific types of commercial activities shall be determined based on the following
considerations:
a. 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;
b. Location and site requirements based on specific needs of respective commercial activities, their market area, anticipated
employment generation and floor area requirements;
c. Compatibility with and impact on other surrounding commercial activities;
d. Relationship to surrounding land uses and natural systems;
e. Impact on existing and planned community services and utilities.
Policy 1-1.2.2: General Pattern of Commercial Land Use. 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 strate-
gically located areas having location characteristics which best accommodate specific land, site, public
facilities and market location requirements of their respective commercial uses.
*Similarly, proliferation of strip commercial development shall not be extended. The existence of
commercial areas on one corner of an intersection shall not dictate the development of all corners with the
same or similar use; nor does the existence of commercial development on a major thoroughfare dictate
that all frontage must be similarly used.
Comprehensive Plan Goals, Objectives and Policies
_. 09/21/99 1-2
1-4
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
Policy 1-1.2.3: Improve the Image and Function of the Downtown as the Central Commercial Core
area. Commercial development decisions shall promote the function of the Downtown central
commercial core area as a center for government and institutional services as well as a focal point for
retail trade, business and professional offices, and civic and cultural enrichment. Land development
regulations shall be directed to achieving a mix of land use activities consistent with Future Land Use
Map policies.
The City shall coordinate with the residents, Chamber of Commerce and the private sector interest groups
concerned with enhancing the Downtown in order to direct efforts to achieve a public and private
partnership in improving the image and function of the Downtown central commercial core area,
including the waterfront corridor. Design strategies shall provide a physical theme for development and
redevelopment opportunities which reinforces the unique waterfront setting of the Downtown area, along
the Indian River Dr. and U.S. 1 corridors, spanning north from Fellsmere Road (CR 512) to Oyster Bay
Pointe and west on Main Street to the Post Office.
Policy 1-1.2.4: Prepare a Redevelopment Plan for Enhancing the Identity Design, and Vitality of
the City's Riverfront Corridor. The Riverfront corridor shall be the subject of periodic special planning
and management studies as determined by the City Council which shall be coordinated closely with the
residents, Chamber of Commerce and other interest groups concerned with promoting improvements
along this waterfront corridor (Cross-reference Objectives 1-1.2 and 1-3.2). The Riverfront shall be
defined as the area of the City east of the railroad tracks from the north City limit to the south City limit
on US 1. These studies shall investigate actions deemed to be necessary by the City Council to achieve:
0 • Improvements in architectural design of the Riverfront corridor which enhance the identity of this unique resource;
• Private sector investment in improvements which further the City's waterfront corridor redevelopment objectives;
• Public sector plans for generating incentives for realizing a meaningful public-private partnership in waterfront corridor
redevelopment;
• A market sensitive and economically feasible redevelopment plan, management strategy, and regulatory performance
criteria for implementing these redevelopment objectives and policies; and
• Design alternatives for accommodating pedestrian user needs, including a circulation system which facilitates pedestrian
mobility. Vehicular traffic should be directed along U.S. 1 and parking areas should be developed.
Policy 1-1.2.5: Provide Appropriate Locations for Office Development. Office development shall be
encouraged to locate on accessible sites on US 1 and CR 512. Office development may serve as a
transitional use separating more intensive commercial uses from residential development. Office
development shall also locate along the outer fringe of the Downtown area where such development may
encourage reinvestment in declining residential areas surrounding the business district.
Policy 1-1.2.6: Designate Various Types of Commercial Nodes to Accommodate Diverse
Commercial Uses. A variety of commercial development designations shall be provided in order to
adequately assure availability of sites that accommodate the varied site and spatial requirements for such
activities as: professional and business offices, limited commercial activities, and general retail sales and
- services.
The allocation of commercial uses shall recognize that respective commercial activities frequently have
lifferent site, spatial, and market area characteristics and generate significantly different impacts.
imilarly, the commercial development designations on the Land Use Map shall be complemented by
zoning, performance standards, and site plan -review requirements which shall regulate development on
such land. These regulations shall assure that the proposed development of commercially designated sites
is appropriate and can be adapted to the proposed site.
Comprehensive Plan Goals, Objectives and Policies
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L
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
For instance, the land development regulation shall address issues surrounding:
• Intensity of use
• Floor area
• Natural constraints to development
• Perimeter and internal landscape requirements
• Availability of public facilities at adequate levels of service
• Concurrency management
• Controlled access and egress
• Off-street parking with safe and convenient internal
vehicle and pedestrian circulation.
• Open space preservation .
• Adequate building setbacks
• Urban design and required amenities, including, but not
limited to, signage controls, pedestrian amenities,
building height, and orientation, and other similar
design features.
OBJECTIVE 1-1.3: PLANNING FOR INDUSTRIAL DEVELOPMENT. Sufficient land shall be
allocated to accommodate industrial development.
... Policy 1-1.3.1: General Considerations for Locating Industrial Development. The allocation of land
resources for industrial development shall be responsive to the location and space requirements of
industrial activities and potential fiscal and environmental impacts on the City of Sebastian. The location
and distribution of specific types of industrial activities shall be determined based on the following
considerations:
_ a. Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail,
air, or trucking for distribution of material and goods;
b. Anticipated employment generation, floor area requirements, and market area;
c. Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air
pollutants, glare, noise or odor, or generation of hazardous by-products;
*d, Impact on established as well as anticipated future development and natural systems; and
Impact on existing and planned public services, utilities, water resources, and energy resources.
Policy 1-1.3.2: General Pattern of Industrial Land Use. The City of Sebastian Airport and environs
contains the principal area for future industrial activity. A secondary industrial concentration is situated
along the FEC Railroad at CR 512. Lesser concentrations of industrial development are situated along
other segments of the FEC Railroad. A high priority shall be given to reserving strategically located lands
adaptive to the unique location requirements of industry. Industrial sites shall generally be allocated in
- areas accessible to rail corridors or near airport facilities.
Policy 1-1.3.3: Pursue Selective Industrial Expansion Policy. The City shall pursue a strategy of
selective expansion of its industrial base. The City shall encourage industries that contribute optimally to
the City's economy and that of the Treasure Coast and Space Coast. Highest priority shall be directed
toward recruiting industries which:
a. Generate high levels of employment together with higher than average wage and salaries;
b. Promote an industrial mix to counterbalance the impact of cyclical economic changes;
c. Produce services and/or products which complement the needs and resources of existing industry within City and the
region.
d. Provide industry and service activities required to support and attract prime industrial land uses which are compatible with
the City's growth management and resource conservation goals, objectives and policies;
e. Contribute a net revenue to the City of Sebastian and thus enhancing the fiscal capacity of the City; and
f. Do not adversely impact the City's natural resources including groundwater quality; infrastructure; and public facility
improvement needs. The City shall seek to work in partnership with industrial development interest groups to achieve
• competitive amenity packages including:
• Requisite transportation system improvements and other on- or off-site improvements;
• Access to public potable water and wastewater services;
• Efficient stormwater management systems; and
• Maintenance of adopted levels of services for infrastructure systems.
Comprehensive Plan Goals, Objectives and Policies
09/21/99 1-4
CITY OF SEBASTIAN CHAPTER is FUTURE LAND USE ELEMENT
Policy 1-1.3.4: Pursue Nuisance Abatement Standards and Criteria. The City shall prevent nuisance
1-.O;mpacts frequently associated with industrial activities by maintaining performance standards for
managing emission of noise, air pollutants, odor, vibration, fire or explosive hazard, and glare.
- Similarly land shall be allocated to industrial uses in a manner which allows for separation and co -
location of industrial activities capable of complying with the most restrictive performance standards and
exhibiting minimal adverse impacts on surrounding development.
OBJECTIVE 1-1.4: ACCOMMODATE INSTITUTIONAL FACILITIES AND PUBLIC
SERVICES. The City shall assure that needed public services and facilities are developed concurrent
l with new development, including adoption of an adequate facilities ordinance within the City's land
development code. In addition, the City shall use the capital improvement program and budget process to
pursue advance acquisition of land required to provide recreation, conservation, and related public
benefits and promote multiple use of public lands.
Policy 1-1.4.1: Coordinate Public and Private Investments in Land Improvements. The location,
- scale, timing, and design of necessary public and semi-public services and utilities shall be closely
coordinated with development activities in order to promote more effective and efficient delivery of
requisite services and utilities.
Policy 1-1.4.2: Maintain and Enforce Standards and Specifications for Design and Construction of
Public and Semi -Public Services. The City shall maintain and enforce appropriate standards and
specifications for the design and construction of public and semi-public services in order to promote cost
.effectiveness and quality control consistent with all applicable federal, state, regional, and local standards.
: ommunity facilities include police and fire protection, public schools, health care, emergency services,
storm drainage and water and wastewater facilities.
Policy 1-1.4.3: Provision of On -Site and Off -Site Improvements. Prior to receiving a development
permit, plans for all new development shall be evaluated by the City. Similarly, prior to receiving a
development permit, the applicant's plans must incorporate necessary on- and off-site improvements or
equitable contributions in lieu thereof which are required as part of a development application pursuant to
the Comprehensive Plan or any other requirement of the Code of Ordinances, as exists or as may
hereinafter be amended.
In cases involving unpaved roads adjacent to a proposed development, the applicant shall be required to
pave the portion of the road which the development will be utilizing. The applicant shall not be required
to pave adjacent unpaved roads if the development will not be accessing those roads. In cases of
insufficient rights-of-way adjacent to a proposed development, the applicant shall be required to donate
the land necessary to make the rights-of-way compliant with the requirements of the Land Development
Code.
Supportive facilities, services, or other improvements (or equitable contributions in lieu thereof), as
required by ordinance, shall be agreed to by the applicant prior to City approval of a development petition
and facilities shall be constructed as agreed upon prior to issuance of a development permit. The intent of
this policy is that all development applications include a satisfactory plan providing for the development
of required on-site and off-site improvements, or equitable contribution in lieu thereof, in order to assure
hat the City of Sebastian does not assume unanticipated fiscal liabilities for supportive facilities and
services which may be expressly attributed to new development.
Comprehensive Plan Goals, Objectives and Policies
09/21/99 1-5
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
( OBJECTIVE 1-1.5: PROMOTE COMMUNITY APPEARANCE, NATURAL AMENITIES AND
l • URBAN DESIGN PRINCIPLES. The appearance of major transportation corridors serving as gateways
into the City, as well as major activity centers such as the Downtown, the Indian River and St. Sebastian
River shoreline, public parks and other public grounds and institutions shall be managed and enhanced
- through application of the site plan review process.
Policy 1-1.5.1: Reinforce and Enhance the City's Community Appearance. Major attributes shall be
preserved through application of design review standards and management of signs, landscaping, open
space, tree protection, and other urban design amenities.
Special emphasis shall be placed on preserving and/or improving the character of major natural and man-
made corridors, including the intercoastal shoreline, the estuarine and riverine systems, major drainage
corridors, and major transportation corridors which serve as a focal point for the motoring public and an
inviting gateway to visiting tourists.
§1-2: FUTURE LAND USE MAP.
GOAL 1-2: FUTURE LAND USE MAP. CONTINUE TO MAINTAIN AND MANAGE A
FUTURE LAND USE MAP.
THE FUTURE LAND USE MAP SERIES, MAPS I-1 THROUGH I-8 HEREIN, REFLECT CITY
POLICY FOR
MANAGING THE ALLOCATION OF FUTURE LAND USE. THE FUTURE LAND
USE MAP SERIES (BASE YEAR 2010) IS SUPPORTED BY THE COMPREHENSIVE PLAN DATA
INVENTORY AND ANALYSIS (1988) AND THE COMPREHENSIVE PLAN EVALUATION AND
•APPRAISAL REPORT (1988). LAND. USE DESIGNATIONS ON THE FUTURE LAND USE MAPS
rIAVE BEEN ALLOCATED PURSUANT TO GOALS, OBJECTIVES AND POLICIES STIPULATED
IN THE COMPREHENSIVE PLAN; TOGETHER WITH ANALYSIS OF POPULATION, HOUSING
AND LAND RESOURCES. THE PROCESS OF ALLOCATING THESE LAND USE
DESIGNATIONS HAS CONSIDERED THE NEED TO CONSERVE NATURAL .RESOURCES
INCLUDING WETLANDS, THE INDIAN RIVER LAGOON SHORELINE, THE SEBASTIAN RIVER
SHORELINE, FLOODWAYS, FLOOD PLAINS, WATER RECHARGE AREAS, FISH AND
WILDLIFE, CONSIDERATION OF CAPITAL IMPROVEMENT NEEDS, AND CONSERVATION
OF FISCAL RESOURCES.
THE FUTURE LAND USE MAP SERIES SHALL DESIGNATE AREAS FOR THE FOLLOWING
USES:
RESIDENTIAL DENSITY
LAND USE (Units per Gross Acre)
Low Density
Medium Density
Mobile Home Development
High Density
Riverfront Mixed Use
LAND USE
Commercial (Total)
Limited Commercial, including offices
General Commercial, including offices
Riverfront Mixed Use
Comprehensive Plan Goals, Objectives and Policies
09/21/99
MIX OF LAND USES
up to 5 u/a
up to 8 u/a
up to 5 u/a
up to 12 u/a
un to 8 u/a
LAND USE INTENSITY i
Less than 5 acres 0.35 FAR
5 to 20 acres 0.50 FAR
More than 20 acres 0.75 FAR
residential uses: 25%;
institutional/recreational
uses:.. 20%; and
commercial uses: 55%.
Ratio
7-<
y CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
LAND USE
MIX OF LAND USES
LAND USE INTENSITY (Floor -to -Area Ratio)
dustrial
Less than 20 acres 0.50 FAR
More than 20 acres 0.75 FAR
Airport
.50 FAR
Institutional
.35 FAR
[Agricultural
None within City
THIS SECTION OF THE FUTURE LAND USE ELEMENT SHALL DEFINE THE NATURE,
DENSITY AND INTENSITY OF THE ALLOWABLE USES FOR EACH OF THE DESIGNATIONS
REPRESENTED ON THE FUTURE LAND USE MAP. NOTHING IN THIS SECTION SHALL
PRECLUDE NECESSARY COMMUNITY FACILITIES FROM LOCATING WITHIN ANY FUTURE
LAND USE DESIGNATION WHEN SUCH ACTIVITY SATISFIES ESTABLISHED CRITERIA OF
THIS PLAN AND THE CITY'S CODE OF ORDINANCES.
THE FUTURE LAND USE MAP SERIES SHALL BE MAPS I-1 THROUGH I-6. THE FUTURE
LAND USE MAP: LAND USE POLICY DESIGNATION, MAP I-1, SHALL DEPICT THE
PROPOSED DISTRIBUTION, EXTENT AND LOCATION OF LAND USES FOR THE YEAR 2010.
THE OFFICIAL FUTURE LAND USE MAP IS ON FILE IN CITY HALL. THE FUTURE LAND USE
MAP ILLUSTRATED HEREIN (MAP I-1) IS ONLY A GENERALIZED FUTURE LAND USE MAP
DETAILING THE FUTURE LAND USE MAP LEGEND AND ALLOCATION OF FUTURE LAND
USE. MAPS I-2 THROUGH I-6 OF THE FUTURE LAND USE MAP SERIES SHALL DENOTE
NATURAL RESOURCES TO BE CONSERVED THROUGH PLAN IMPLEMENTATION. MAP I-7
SHALL INDICATE CITY RECREATION RESOURCES. MAP 1-8 AND TABLE 1-1 DENOTE THE
HISTORICALLY AND ARCHAEOLOGICALLY SIGNIFICANT SITES INCLUDED IN THE STATE
OAASTER PLAN. THE CITY HAS NO AGRICULTURAL LANDS.
OBJECTIVE 1-2.1: ALLOCATING RESIDENTIAL DEVELOPMENT. Map I-1, identifying
future land use policy, shall allocate residential density based on the following considerations: past and
projected future population and housing trends and characteristics; provision and maintenance of quality
residential environments; protection of environmentally fragile natural systems; the need to plan for
smooth transition in residential densities; and provision and maintenance of traffic circulation and
multiple -family improvements. Redevelopment, rehabilitation, and/or renovation of existing structures
shall also be required to meet acceptable level as indicated in the Land Development Code. This
objective shall be measured through implementation of the following policies.
Policy 1-2.1.1: Density Defined. Maximum gross residential density shall be determined by dividing the
"maximum allowable units" by the "gross land area" (i.e., dwelling units/gross land area). All residential
densities denoted on the Future Land Use Map stipulate the maximum gross densities permitted for
development on the land. Gross land area shall be defined as those contiguous land areas under common
ownership proposed for residential development. In cases where residential land abuts waters of the
State, the boundary shall be delineated as established by the State and no density credit shall be granted
for waters of the State. In cases where residential land abuts other natural floodplains or wetlands, the
land development regulations shall provide performance standards and/or criteria which may further
- restrict the character of land for which density credit may be granted. The intent is to allocate density
credits only to those lands which are buildable pursuant to urban design criteria. These criteria shall be
incorporated within the land development regulations.
ODensity is expressed in terms of a range up to a specified maximum. Where so stated as a range, the
maximum' density is not guaranteed by right. Subdivision, zoning and site plan review criteria and
procedures shall assure that specific density assigned to new development is compatible and consistent
Comprehensive Plan Goals, Objectives and Policies
I_.--
1-7
09/21/99
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
with established residential development patterns and provides equitable use of the land. Criteria to be
I —* onsidered in allocating density shall include, but not be limited to, the following:
a. Protect the integrity and stability of established residential areas;
b. Assure smooth transition in residential densities;
c. Require application of sound landscaping and urban design principles and practices;
d. Protect environmentally sensitive areas;
e. Minimize the impact of flood hazards;
f. Coordinate with Indian River County as well as appropriate state and regional agencies charged with managing land and
water resources; and
g. Provide reasonable use of the land.
Policy 1-2.1.3: Low Density Residential Development (LDR). Areas delineated on the Future Land
Use Map for low density residential development shall accommodate residential development with a
maximum density of up to five (5) dwelling units per acre and shall be comprised primarily of single
family detached homes on individual lots. Specific densities will be determined by such factors as natural
features of the land, density and/or intensity of developed and/or undeveloped land surrounding
development, level of accessibility, housing supply and demand, adequacy of public facilities, consumer
preference and other factors which may be identified in the land development regulations. Supportive
community facilities and accessory land uses may be located within areas designated for single family
low density residential uses. The land development regulations shall provide regulatory procedures for
considering such uses. The low density designation is established to protect:
• the quality and character of existing low density single family neighborhoods;
• preserve open space;
encourage densities wluch are compatible with existing and anticipated future developments;
promote compatibility with natural features of the land; and,
• minimize burden on existing and projected supportive public services and facilities within the area.
Policy 1-2.1.4: Medium Density Residential Development (MDR). Areas delineated on the Future
Land Use Map for medium density residential development shall be developed, redeveloped and/or
maintained as stable medium density residential neighborhoods. Medium density residential development
ranges up to a maximum of eight (8) units per acre and generally averages six (6) units per acre. The City
shall allow a duplex to be constructed on any undeveloped 10,000 square foot lot existing on March 4,
1998 which is indicated as Medium Density Residential on the Future Land Use Map.
The medium density designation is intended to provide sufficient land area for developments of medium
density residential development adequately supported by public services and facilities and compatible
with existing and anticipated future land uses. The medium density policy designation includes a mixture
of single and multiple family structure types. Supportive community facilities and accessory land uses
may be located within areas designated MDR. The City land development regulations shall provide
regulatory procedures for considering such uses.
Review of specific densities of developments shall be directed toward preserving stability of established
residential areas. Sites for medium density residential developments should be located so that they
provide a smooth transition between lower density residential areas and areas developed and/or
designated for other more intense uses. Generally, medium density areas should be located between the
•perimeter of low density residential areas and areas of high density residential concentrations.
Comprehensive Plan Goals, Objectives and Policies
09/21/99 1-9
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CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
Wolicy 1-2.1.5: High Density Residential Development (HDR). High density residential development
anges up to a maximum twelve (12) units per acre and generally averages ten (10) units per acre. The
high density policy designation is intended to provide sufficient acreage for high density residential
development which shall be adequately supported by public services and facilities, and maintain
compatibility with the surrounding area.
The specific areas designated for high density development shall be accessible to existing or anticipated
future major thoroughfares and requisite utilities. In addition, these areas generally shall be highly acces-
sible to commercial services. Specific density of future development proposals within these areas shall
provide for smooth transition in residential density, preserve stability of established residential areas, and
shall include sufficient open space, parking and landscaping to reinforce goals and objectives for quality
living areas.
Policy 1-2.1.6: Mobile Home Development. Mobile home residential development shall be permitted
on sites appropriately zoned for mobile home development. The density of the mobile home parks or
subdivisions shall be permitted up to a maximum of five (5) units per acre; however, specific site
densities must be consistent with the policy, map and standards of the Comprehensive Plan and Land
Development Code. The more restrictive density provision shall rule where any inconsistency may exist.
Review of specific densities shall be directed toward preserving the established residential development.
Replacement of existing mobile homes in existing mobile home plats and sites of record, as. of the
effective date of this ordinance, shall be permitted and shall not be deemed inconsistent with the
Comprehensive Plan.
64obile homes shall be reviewed as reasonable development options but the applicant shall provide plans
_ for mobile home development which assure that the development contains a significant open space buffer.
Natural landscaping, including a landscaped berm where appropriate, upper story tree canopy and lower
story shrubbery, and/or an aesthetic decorative wall or fence to effectively screen the mobile home
development from adjacent residential development which exists or may potentially exist in the future.
OBJECTIVE 1-2.2: ALLOCATING COMMERCIAL DEVELOPMENT. The Future Land Use
Map shall identify the allocation of commercial land for: 1) limited commercial development, including
offices; 2) general commercial development, including offices; and 3) Riverfront mixed use. The
allocation of land for commercial development shall be compatible with goals and objectives identified in
the Comprehensive Plan and consistent with supportive research and analysis. The policies stated below
provide an explanation of the purpose, intent and character of the commercial land use designations.
POLICY 1-2.2.2: LIMITED COMMERCIAL DEVELOPMENT. Limited commercial development
is allocated to commercial sites accessible to major thoroughfares near residential neighborhoods. The
maximum intensity of limited commercial development measured in floor -to -area ratios is 0.35 for sites 5
acres or less; 0.5 for sites over 5 to 20 acres; and 0.75 for sites more than 20 acres. Sites within this
designation are intended to accommodate shops with limited inventory or goods as well as transient
lodging facilities meeting performance standards of the Comprehensive Plan and the zoning code. This
designation is intended to accommodate residential development only as a special use. Duly approved
residential uses existing -at the effective date of the Comprehensive Plan shall be deemed permitted uses.
imited Commercial activities shall include shops catering to the following markets:
_ g
• Neighborhood residential markets within the immediate vicinity as opposed to county -wide or regional markets; or
• Specialized markets with customized market demands.
Comprehensive Plan Goals, Objectives and Policies
L
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
•Commercial development within the limited commercial district shall generally be restricted to any uses
permitted in the commercial office district as well as the following uses:
• Neighborhood convenience stores;
• Small limited item shops and stores restricted to retail sales of convenience items and services including barber, beauty
care, and other personal services;
• Small scale drug stores, laundry and dry cleaning pick-up stations;
• Specialty shops; and
• Motels or other living accommodations for transient residents generally residing on a seasonal basis.
Areas designated for limited commercial development are not intended to accommodate large scale retail
sales, service, and trade activities, generally serving a county -wide or regional market. Such stores
usually differ from limited commercial shops since the former usually require a larger floor area, carry a
relatively larger inventory, and require a substantially greater parking area.
Uses, which are not intended to be accommodated within the limited commercial area include the
following: large scale discount stores, health spas; supermarkets, department stores; full service hardware
stores; wholesale and warehousing activities; general appliance shops; printing shops; sales, service or
repair of motor vehicles machine equipment or accessory Parts including tire and battery shops; gas and
automotive service centers; commercial amusements; fast food establishments primarily serving in
disposable containers and/or providing drive-in facilities, and other similar services to be expressly
defined in the zoning ordinance.
•Policy 1-2.2.3: General Commercial Development (CG). The general commercial (CG) areas are
designated on the Future Land Use Map for purposes of accommodating general retail sales and services;
highway oriented sales and services; and other general commercial activities defined in the land develop-
ment regulations. The general commercial land use designation is intended to include the hub of retail
sales and services within the downtown as well as within the outer environs of the downtown. General
commercial designations also are located in highly accessible areas adjacent to major thoroughfares which
possess necessary location, site, and market requirements. Zoning policy shall stipulate provisions
regulating specific land uses. The maximum intensity of general commercial development measured in
floor -to -area ratios is 0.35 for sites 5 acres or less; 0.5 for sites over 5 to 20 acres; and 0.75 for sites more
than 20 acres.
This area is not intended to accommodate manufacturing,. processing, or assembly of goods, sales and
service of heavy commercial vehicle and equipment, or related services or maintenance activities;
warehousing; uses requiring extensive outside storage; or other activities which may generate nuisance
impacts, including glare, smoke or other air pollutants, noise, vibration or major fire hazards, or other
impacts generally associated with more intensive industrial uses.
The areas designated for general. commercial development are specifically not adaptive to permanent
residential housing and such uses shall be located in other areas designated for residential development.
On the other hand, transient residential facilities including hotels and motels, or residential complexes, or
other transient quarters should be located in areas designated for general commercial use.
Oeolicy 1-2.2.4: C.R. 512 Commercial (C-512). The general commercial C.R. 512 corridor is designated
on the Future Land Use Map for purposes of accommodating retail sales and services and other
commercial activities and community facilities defined in the land development regulations which are
compatible with nearby residential areas. This land use designation expressly excludes vehicular sales and
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
bars and lounges; parking garages; enclosed and unenclosed commercial amusements; indoor
*services;
theaters; merchandising of second-hand goods, including flea markets, wholesale trades and services;
industrial uses or outside storage activities, or any other activities which may generate nuisance impacts
such as glare, smoke, other air pollutants, noise, vibration, fire hazard, or other adverse impacts associated
with more intense commercial and industrial activities. Land development regulations shall stipulate
provisions regulating specific land uses. The maximum intensity of commercial development measured in
floor -to -area ratios is 0.35 for sites 5 acres or less; 0.5 for sites over 5 to 20 acres; and 0.75 for sites more
than 20 acres.
Policy 1-2.2.5: Riverfront Mixed Use (RMU). The R.iverfront Mixed Use designation is intended to
provide a mixture of residential, commercial, recreational, and institutional uses in the Riverfront District.
The Cit anticipates b 2020 the mix of uses in RMU shall be residential°
Y p Y uses. 25 /o,
institutional/recreational uses: 20%; and commercial uses: 55%.
The allowable residential uses are single family, duplexes, multiple -family up to eight (8) units per acre,
and commercial resort residential uses. Model homes and home occupations should be allowed as
conditional uses. Institutional uses are child care services and facilities, marine related educational
institutions, cultural or civic activities, public protective and emergency services, places of worship,
public or not-for-profit administrative services, public and private utilities, public parks and recreation.
Nursing homes such as rest/convalescent homes should be permitted as a conditional use outside of the
flood zone.
Commercial uses include business and professional offices, medical services, wet or dry storage of boats,
boat sales and rentals, marine power sales, marine fuel sales, bait and tackle shops, restaurants (excluding
.. _ drive-ins and fast food services), fish markets, marine related specialty retail sales and service, marine
accessory uses, farmer's markets, yacht clubs, bars and lounges, waterfront general commercial activities,
indoor theaters and other enclosed commercial amusements, plant nurseries, hotels, motels, transient
._.. quarters, and parking lots without a building on the lot. Drive-ins and fast food services, vehicular service
and maintenance, retail gasoline sales, veterinary services, funeral homes, drive-through facilities and
general retail sales and services should be allowed as conditional uses. These uses would be required to
be located on a parcel adjacent to US 1. Parking garages would, be allowed as a conditional use west of
US 1.
The maximum intensity for commercial development and institutional/recreational uses shall be measured
in floor -to -area ratios: as follows: 0.35 for sites 5 acres or less; 0.5 for sites over 5 to 20 acres; and 0.75
for sites more than 20 acres.
OBJECTIVE 1-2.3: ALLOCATING INDUSTRIAL DEVELOPMEN (IND). The Future Land Use
Map shall allocate land resources for existing and anticipated future Industria s and requisite support
services.
Policy 1-2.3.1: Industrial Land Use Designation. The allocation of land use designations should
provide a high priority to industry's frequent need for strategically located lands which are accessible to
air, rail and highway transport facilities,. as well as labor markets and necessary urban services. The
industrial (IND) designation is intended to provide strategically located sites principally within the airport
• environs. The City shall work with industrial interest groups to pursue selective industrial expansion
policy set forth herein in Policy 1-1.3.3. The maximum intensity of industrial development measured in
floor -to -area ratios is 0.50 for sites 20 acres or less; and 0.75 for sites more than 20 acres.
Comprehensive Plan Goals, Objectives and Policies
r--
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
Industrially designated areas are not adaptive to residential use and as such industrial activities shall not
be located in areas designated for residential development. This provision shall not prohibit residences
for night watchmen or custodians whose presence on industrial sites is necessary for security purposes.
Such a use may be permitted as a conditional use through appropriate zoning procedures.
The industrial land use designation shall be allocated to industrial sites accessible to airport facilities, rail
facilities, and/or major thoroughfares. The sites shall be buffered from residential neighborhoods.
Industrial uses include: manufacturing, assembling and distribution activities; warehousing and storage
activities; general commercial activities; and other similar land uses which shall be regulated through
appropriate zoning procedures. Heavy metal fabrication, batch plants, salvage yards, chemical or
petroleum manufacturing or refining, rubber or plastics manufacturing, or other use generating potentially
harmful environmental or nuisance impacts shall be prohibited. These uses typically generate heavy truck
traffic, require significant acreage, are difficult to screen and buffer from residential areas, and therefore,
should be located in more sparsely developed unincorporated areas.
Based on the extensive impacts which industrial development frequently generates, industrial
development requiring future plan amendment or rezoning shall be encouraged to develop under
provisions of a planned unit development petition in order to allow maximum flexibility in design to the
applicant and to avoid any major adverse impacts which may not be anticipated during a less in-depth
plan review.
The zoning code performance standards for regulating the nuisance impacts sometimes associated with
• intense commercial and industrial development shall be enforced to promote nuisance abatement.
OBJECTIVE 1-2.4: MANAGING AIRPORT LANDS. The Future Land Use Map shall incorporate
land use management policies which:
a. Foster use of Sebastian Municipal Airport lands in a manner which contributes to the development of the City's economic
base through selective pursuit of industry consistent with Policy 1-1.3.3 of this Chapter.
b. Assure safe operation of aircraft through:
• Efficient use of air space in relation to the Municipal Airport and surrounding airports and airways.
• Maintenance and improvement of the aircraft operational ground environment.
• Developing a design plan at the Municipal Airport which will accommodate operationally compatible aircraft.
c. Achieve Municipal Airport and industrial development which is compatible with the adopted City of Sebastian Municipal
Airport Master Plan and mutual environmental constraints through:
• Proper on- and off -Municipal Airport land use which protects the operationally sensitive areas and reduces noise impact
near the airport.
• Preserving the ecologically unique areas on the property.
• Encouraging aviation activity compatible with community needs and characteristics.
d. Promote continued financial independence of the Sebastian Municipal Airport through:
• Preparing periodic updates to the Municipal Airport development plan in order to maximize land resources within the
constraints imposed by changing conditions; markets for land, goods and services; as well as constraints imposed by
- other goals, objectives and policies of the City.
• Development of a long-range capital improvements program consistent with financial capacity.
• • Development of an operations and maintenance program compatible with financial resources.
Policy 1-2.4.1: Airport Land Use Designation. The Airport (A) land use designation is intended to
accommodate lands comprising the Sebastian Municipal Airport. The Airport (A) land use designation is
intended to accommodate airport terminal, fixed base operators, airport hangars, landing, take -off or
surface maneuvering of aircraft, including, but not limited to, requisite airport infrastructure such as
Comprehensive Plan Goals, Objectives and Policies
I "
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
W_',nways, taxiways, ramps and aprons. The Federal Aviation Administration (FAA) Regulations shall
vern placement and specifications of structures within this area. The land development regulations
shall establish the permitted uses and applicable restrictions within the air operations area. The maximum
intensity of airport activity measured in floor -to -area ratio is 0.50 FAR. The intensity of airport related
commercial or industrial activities shall be measured as other similar commercial or industrial uses,
respectively.
OBJECTIVE 1-2.5: ALLOCATING INSTITUTIONAL SERVICES (INST). The Future Land Use
Map shall allocate land resources for institutional facilities and services as specified in the policies
stipulated below. The sites shall be compatible with adjacent land uses to the greatest practical extent.
The sites shall also fulfill the unique site location requirements included in respective functional plans and
shall be responsive to the needs identified in related demographic and supportive needs analysis.
Policy 1-2.5.1: Institutional Land Use Designation (INST). The institutional (INST) land use
designation is intended to accommodate existing public and semi-public services including: governmental
administration buildings; public schools and not educational institutions; hospital facilities and -
supportive health care units; arts and cultural or civic facilities; essential public services and facilities;
cemeteries; fire and emergency operation facilities; public and private parks and recreation areas; utilities;
extensive open areas comprising major committed public and semi-public open spaces, including the
Municipal Golf Course. and other similar activities as shall be identified in the land development
regulations. Lands designated for institutional services shall contain sufficient acreage and open space
and be properly screened and buffered in order to minimize potential adverse impacts on adjacent land
uses. The maximum intensity of institutional activity measured in floor -to -area ratio is 0.35 FAR.
_ •The Cit shall monitor City m no to the need for Increased land area for institutional uses and shall assure that the
institutional land use designation on the Future Land Use Map is expanded to accommodate the
development of public and semi-public facilities such as governmental administration buildings; fire,
_. police and rescue services; educational institutions and similar public uses.
Land uses such as places of worship, cultural or civic centers, and other similar public or private not-for-
profit uses may be included within this land use designation or within other land use designations as
provided for in the zoning regulations.
OBJECTIVE 1-2.6: PLANNED UNIT DEVELOPMENT. The City shall promote innovative
development concepts and shall maintain, and improve as necessary, procedures for resolving conflict
through use of the planned unit development.
Policy 1-2.6.1: Planned Unit Development Overlay Designation. The City hereby establishes a
planned unit development overlay designation in order to provide a voluntary management framework for
coordinating objectives of developers with those of the City Council.
The planned unit development overlay designation shall provide a management strategy for negotiating
innovative development concepts, design amenities, and measures intended to encourage unique planning
concepts not attainable with certainty under conventional zoning or to protect natural features of the land.
The management process shall promote public and private coordination and cooperation. The detailed
•egulations, standards, and- procedures for implementing the planned unit development overlay
designation shall be incorporated in the land development code. These provisions shall address issues
surrounding due process and equitable procedures for revocation of approved planned unit developments
in cases where the applicant fails to commence performance pursuant to the conditions set forth 'in the
approved planned unit development.
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
0 The City Council shall reserve the authority to invoke new conditions in extending development rights
ased on:
• Changes in conditions surrounding the impacted land use conditions in the vicinity;
• Evolving issues surrounding infrastructure levels of service;
• Impacts on natural resources; and/or
• Other related issues impacting the nature of the proposed planned unit development.
The planned unit development overlay designation shall be available as a voluntary approach for
managing specific development characteristics and project amenities to be incorporated in residential,
commercial, industrial or mixed use development options. Developers who voluntarily participate in the
process shall bind themselves as well as those who may be their successors in title to the subject land.
OBJECTIVE 1-2.7: MANAGING CONSERVATION RESOURCES. The Future Land Use Map
shall identify lands that are environmentally fragile natural resources for long term preservation by
designating them as "Conservation." Environmentally fragile natural resources shall be referred to as
conservation resources, which are defined in §9J-5.003(30), FAC. The protection and preservation of
conservation resources shall be achieved through the implementation of the following policies:
Policy 1-2.7.1: Conservation Designation (CON). The Future Land Use Map (FLUM) shall designate
lands that are conservation resources as "Conservation." It is the intent of the "Conservation" land use
designation to provide for the long term protection and preservation of environmentally sensitive natural
resource systems. If it is impractical to designate the area. containing conservation resources as
Wonservation due to size, location, or other factors, the City shall have the option of obtaining a
.,onservation easement from the property owner(s) to protection the area. Areas covered by a conservation
easement shall be treated the same as areas designated as Conservation on the FLUM. No development is
permitted within "Conservation" designated areas, except where State and/or federal agencies having
jurisdiction allowing development rights. The applicant shall bear the burden of proof in determining that
development shall not adversely impact conservation resources. Site alteration, where allowed, shall be
limited to ten (10) percent of the entire site.
OBJECTIVE 1-2.8 ANNEXATION STUDY. The City of Sebastian acknowledges a need to prevent
urban sprawl and disjointed urban service delivery systems. In addition, the City desires to develop a plan
for managing annexation of unincorporated enclaves as well as fringe areas adjacent to the City,
especially potential industrial expansion areas adjacent to planned industrial centers within the
incorporated area. Therefore, by December 31, 2000 the City of Sebastian shall prepare an annexation
study which analyzes development potential within the City of Sebastian urban area, including the
unincorporated enclaves and the unincorporated urbanizing fringe. The study shall document issues
surrounding potential development within the unincorporated urban area.
Policy 1-2.8.1 Parameter of the Annexation Study. The City of Sebastian annexation study shall
include:
i t,
Review and evaluation of Indian River County land development forecasts within the unincorporated urban area together
with supportive documentation.
Analysis of unincorporated enclaves and subareas wit] -tin the unincorporated urban area, including:
• Population and housing
• Traffic circulation system
• Water and wastewater service
• Drainage and natural water basins
• Natural features restricting development
Comprehensive Plan Goals, Objectives and Policies
1 112
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CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
•.. Protect urban population and employment trends and estimate land area required to accommodate projected residential and
nonresidential activities.
4. Analyze infrastructure issues, including improvement needs based on development forecasts.
5. Determine subareas and unincorporated enclaves which shall logically be serviced by the City of Sebastian. Identify
relative advantages and disadvantages.
6. Recommend a strategy for planning and managing development within the unincorporated urban area, including annexation
alternatives. The recommendations shall include but not be limited to:
• Procedures for intergovernmental coordination of land use policy governing development within unincorporated urban
areas (including isolated enclaves) which are logical targets for incorporation into the City of Sebastian; and
• Policies and or actions for developing efficient systems for: 1) delivering municipal services; 2) achieving
diversification of the municipal tax base.
§ 1-3 LAND USE ELEMENT IMPLEMENTATION.
GOAL 1-3: IMPLEMENTING LAND USE GOALS AND OBJECTIVES. CONTINUE TO
MONITOR AND EVALUATE DEVELOPMENT AND RESOURCE CONSERVATION WITHIN
THE CITY PURSUANT TO GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN
LAND USE ELEMENT AND CARRY OUT AN EFFECTIVE IMPLEMENTATION PROGRAM
AS HEREIN ESTABLISHED.
OBJECTIVE 1-3.1: CONCURRENCY MANAGEMENT. By December 31, 1998, the City shall
have adopted a concurrency management program pursuant to Ch. 163, F.S., and §9J-5, F.A.C. Beginning
January 1, 1998, the City of Sebastian shall issue no development order or permit for development unless
the applicant provides narrative and graphic information demonstrating to the satisfaction of the City that
dublic facilities required by the subject development shall be in place concurrent with the impacts of
evelopment. Furthermore, the applicant shall assure that the facilities operate at or above adopted levels
of service standards. The applicant's narrative and graphic information shall also demonstrate that the
subject development shall not reduce the levels of service (LOS) associated with public facilities serving
the development below adopted LOS standards.
Policy 1-3.1.1: Resolving Concurrency Issues. In order to implement the above measure, the City shall
require that all developments requiring a development permit (as defined in §163.3164 F.S., including
comprehensive plan amendments) shall, at the time the subject permit application is filed, submit
information which demonstrates that all urban services needed by the proposed development can and will
be provided concurrent with the new development.
In order to establish an orderly review process, the City shall refine the Land Development Code by
stipulating specific narrative and/or graphic data and information required at the time a comprehensive
plan amendment or zoning code amendment is filed with the City. As a minimum, the information shall
include the following:
• The specific land use(s) and the proposed density and/or intensity of the use(s);
• Estimated trips per day generated by the proposed land use(s) together with anticipated on- and off-site improvements
necessitated to, accommodate the traffic impacts generated by the development including, additional RIW, roadway
improvements, additional paved laneage, traffic signalization, proposed methods for controlling access and egress, and
other similar improvements;
Planned improvements in potable water and/or wastewater systems required to establish and/or maintain adopted water and
wastewater levels of service. System improvements and proposed funding resources required for implementing any
improvements required to establish and/or maintain adopted potable water and wastewater system level of service
standards.
Comprehensive Plan Goals, Objectives and Policies
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
y •• Conceptual plan for accommodating stormwater run-off and demonstrated evidence that the proposed drainage
improvements shall accommodate stormwater run-off without adversely impacting natural systems or the City's adopted
level of service for storm drainage;
• In cases where residential development is proposed, information shall be submitted describing plans for accommodating
recreational demands generated by the development, including demonstrated evidence that the City's adopted level of
service for recreation shall not be adversely impacted;
• Projected demand generated by the development on the solid waste disposal system and assurances that the City's adopted
- level of service for solid waste disposal shall not be adversely impacted;
• Other information which the City determines is necessary to assure that the concurrency requirement shall be satisfied
without adversely impacting existing levels of service or the City's ability to adequately service anticipated developments
which are consistent with adopted plans and policies of the City.
All such information submitted pursuant to this -subsection shall incorporate proposed funding sources,
including any identification of improvements which the applicant anticipates shall be funded by the City
or other public or private entity other than the applicant.
Policy 1-3.1.2 Concurrency Management Monitoring and Evaluation System. The City shall
incorporate a monitoring and evaluation system in the adopted land development regulations in order to
ensure that the City maintains a continuing record of available capacity provided by infrastructure
systems, including roadways, water and sewerage systems, drainage systems, solid waste system, and
recreation and open space systems.
The City's monitoring and evaluation system shall include a record of current estimates for demand on the
•designed capacity of each system. In addition, the City shall include a record of committed developments
ogether with the projected increment of demand placed on each infrastructure component. This
concurrency management tracking system shall provide a balance sheet noting current supplies capacity
available to service future development and redevelopment.
OBJECTIVE 1-3.2: MANAGE AND COORDINATE FUTURE LAND USE DECISIONS.
Beginning in January 1998, the City of Sebastian shall maintain land development regulations, including
performance standards which ensure that land development activities, resource conservation, and
infrastructure issues are managed in a manner that includes timely coordination with County, regional,
and State agencies having jurisdictional authority. Management of land and physical improvements iden-
tified on the Future Land Use Map will be regulated (especially lands identified in the land use element
analysis of vacant lands) in order to protect and/or conserve natural systems, including topography, soil
conditions, vegetation, natural habitat, public potable water wellfields, and other environmentally
sensitive land and water resources. Land use shall also be predicated on availability of man-made
infrastructure and service systems required to support respective land use activities.
Policy 1-3.2.1: Future Land Use Map and Related Policies. The Future Land Use Map and related
policies identified in section 1-2' "Future Land Use Map," provide definitions of land use designations and
qualitative standards which shall be applied in allocating future land uses.
Policy 1-3.2.2: Land Development Regulations. The City's existing land development code governing
zoning; subdivision; signage; landscaping and tree protection; and surface water management shall be
•
revised as needed in order to: 1) effectively regulate future land use activities and natural resources Iden -
feed on the Future Land Use Map; 2) adequately protect property rights; and 3) implement the goals,
objectives, and policies stipulated in the Comprehensive Plan. The land development regulations shall
continue to be applied to:
a. Regulate the subdivision of land;
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CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
b. Regulate the uses on land and in water consistent with this Element, ensure the compatibility of adjacent land uses, and
provide for open space;
c. Protect the environmentally sensitive lands designated in the Comprehensive Plan, especially wetlands which shall be
identified based on presence of hydric soils including but not limited to: Chobee loamy fine sand, Pineda fine said,
Floridana sand, Malabar fine sand, Myakka fine sand depressional, Holopaw fine sand, Pompano fine sand, and Riviera fine
sand. In addition, wetlands may be identified by wetland vegetative species as presented in Rule 17-4.022, FAC, or as may
hereafter be amended.
d. Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management;
e. Protect potable water wellfields and aquifer recharge functions and areas;
f. Regulate signage;
g. Ensure safe and convenient on-site and off-site traffic flow and vehicle parking needs and plan for dedication, acquisition
.and development of future rights-of-way as identified in the programmed engineered master plan for the City's Major
Thoroughfare.
h. Provide that development orders and permits shall not be issued which result in a reduction of levels of services for
impacted public facilities below the levels of service standards which shall be adopted by the City Council.
Policy 1-3.2.3: Standards for Residential Density. Existing land development regulations shall be
applied for purposes of implementing this Comprehensive Plan. Residential development standards shall
-- be based on and be consistent with the following standards for residential densities as indicated below and
as elaborated in §1-2, Policies 1-2.1.1 through 1-2.1.6, herein:
RESIDENTIAL DEVELOPMENTS
GROSS DENSITY
a. Low Density Residential (LDR)
up to 5 units/acre
b. Mobile Home Development (MH)
up to 5 units/acre
c. Medium Density Residential (MDR) and Riverfront Mixed Use
u to 8 units/acre
High Density Residential (HDR)
un to 12 units/acre
•
Policy 1-3.2.4: Non -Residential Development Standards. Land development regulations addressing
the location and extent of non-residential land uses shall continue to be enforced in a manner with the
Future Land Use Map and the policies and descriptions of types, sizes, and intensities of land uses con-
tained in this Element.
Policy 1-3.2.5: Performance Standards. The following performance standards incorporated in the land
development code shall be updated and refined as needed to reflect best management principles and
practices. Plan review functions shall be carried out by the Department of Growth Management and the
City Engineer, using as needed other professionals with demonstrated expertise in the issue under review.
a. Provide criteria for protecting wetlands;
b. Establish open space requirements;
c. Provide criteria for protection of potable water wellfields
d. Provide criteria for drainage and. stormwater management;
e. Incorporate criteria for requiring off-street parking and managing internal traffic circulation as well as access to and egress
from the street system;
f. Mandate availability of requisite services and infrastructure;
g. Stipulate criteria for perimeter screening and buffering land uses and facilities which may otherwise adversely impact
development of adjacent land use;
h. Establish standards for erosion and sedimentation control;
i. Address historically significant properties meriting protection.
j. Require an assessment of the environmental impact of development during major site plan review and stipulate appropriate
performance criteria in the Land Development Code.
•OBJECTIVE 1-3.3: ENCOURAGE REDEVELOPMENT
AND RENEWAL. The portion of the
City along the Indian River has a unique history, style, and look which the City seeks to preserve. By
January, 1998, the City of Sebastian shall adopt amended land development regulations for the Riverfront
area, including performance standards which ensure that land development activities, resource
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CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
conservation and infrastructure issues are managed in a manner that will consider the needs of all the
0 Itizens of Sebastian -- youth, seniors, residents, businessmen, sportsmen, etc.; develop a mixture of uses
and a variety of opportunities for recreational, residential and commercial uses; encourage progress while
protecting property rights; protect the environment while fostering compatible uses. The City shall
maximize the use of what already exists by protecting, restoring and enhancing the existing assets,
including historical structures, found in the Riverfront area. It is the intention of the City to preserve
! those things that brought our citizens to Sebastian. The City will preserve Riverfront access. River and
` ocean access is a treasure to be enjoyed by all of the citizens of Sebastian.
Policy 1-3.3.1: Code Enforcement Activities. Code enforcement activities shall be continued as an
integral part of the City's regulation programs. The code enforcement program shall preserve and protect
structurally sound land improvements and land uses consistent with the Comprehensive Plan.
Policy 1-3.3.2: Public and Private Sector Partnerships.. The City shall coordinate redevelopment
issues with the private sector in promoting mobilization of public and private resources necessary to
effectively carry out redevelopment efforts, especially along the Indian River Drive corridor which
borders the Indian River Lagoon. (Cross-reference Policy 1-1.2.4).
Policy 1-3.3.3: Riverfront District. The Riverfront District is described as that part of the City of
Sebastian located from the Florida East Coast Railroad east to and including the Indian River Lagoon
north of the city limits general located at the south section line of section 6, township 31S, range 39E.
Policy 1-3.3.4: Waterfront Theme. The overall theme of the Riverfront District is an "Old Florida
ISrlshing Village." All City facilities and projects shall compliment that theme in term of design. The City
shall develop by January, 1999, procedures and ordinances, including architectural standards, urban
design standards, sign regulations and landscape requirements, to implement the theme through the Land
Development Code in all development activities.
Policy 1-3.3.5: Preserving Riverfront Access. River and ocean access is a treasure to be enjoyed by all
of the citizens of Sebastian. Access can be provided directly through boat ramps, docks and piers.
Access can also be provided visually through walkways, control of exotic vegetation, open space, scenic
easements, and breezeways. The City shall develop by January, 1998, procedures and ordinances to
protect and provide for access to the Riverfront District through the Land Development Code. The City by
January, 1999, shall develop programs and identify funding sources to acquire access to the Riverfront
District.
Policy 1-3.3.6: Preservation of Existing Assets. The protection, restoration, and enhancement of
existing assets, including historical structures, is important in implementing the "Old Florida Fishing
Village" theme. The City shall develop by January, 1998, procedures and ordinances to protect, encourage
restoration and to provide for enhancement of existing assets in the Riverfront District through the Land
Development Code. The City by January, 1999, shall develop programs and identify funding sources to
protect, restore and enhance the historical structures in the Riverfront District.
Policy 1-3.3.7: Reinforce and Enhance Appearance of City Gateways along the US 1 and CR 512
Corridors. The City together with the private sector shall consider introducing landscaping and urban
eesign amenities along gateways to the City particularly the US 1 and CR 512 corridors. Such
nhancement shall include application of community appearance criteria which reinforces good principles
of design as well as preserving unique characteristics and open space for scenic vistas. The gateway
improvements shall also address the implementation of uniform streetscape amenities, enhanced signage
and intersection improvements.
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CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
OBJECTIVE 1-3.4: PREVENT LAND USE INCONSISTENT WITH CITY'S CHARACTER OR
~•INTERAGENCY HAZARD MITIGATION REPORTS AND COORDINATE COASTAL AREA
POPULATION DENSITIES WITH HURRICANE EVACUATION PLANS. Beginning in January
1998, the City of Sebastian shall maintain land development regulations which ensure that future land
uses shall be compatible with the Future Land Use Map, and other applicable laws, ordinances, and
administrative rules regulating land and water resource management. Similarly, if improvements are
proposed to an existing structure which do not conform or comply with regulations governing use,
setbacks, size, dimensions, height, density, or other location criteria, then: 1) in no case shall any existing
non -conforming or non -complying structures be increased; and 2) any existing non -complying structures
shall be eliminated or reduced to the greatest reasonable and practical extent.
The amended land development regulations shall include administrative procedures which ensure that any
development order approved by the City impacting population density within the coastal area is
coordinated with the Indian River County Hurricane Evacuation Plan and applicable regional or State
hurricane evacuation plans. Additionally, the City shall eliminate uses that are inconsistent with any
interagency hazard mitigation report deemed appropriate by the City. This objective shall be measured
through implementation of the following policies.
Policy 1-3.4.1: Managing Future Land Use. The Future Land Use Map and related policies together
with the Land Development Code (which shall be updated and adopted by September 1990) shall � be
applied as a planning and management tool in order to prevent development of land uses which do not
conform to the City's character as reflected in the City's adopted Future Land Use Map.
0 'Policy
1-3.4.2: Managing Improvements to Existing Non -Complying Structures and Non -
Conforming Uses. The Land Development Code standards regulating improvements to existing non-
complying structures as well as changes to non -conforming uses shall continue to be applied. Such
standards shall continue to require that plans for alterations to non -complying uses incorporate improve-
ments to bring the subject structure into compliance to the greatest reasonable and practical extent. In no
case shall any existing non-compliance be increased. Similarly, no non -conforming use may be enlarged
without reducing the extent of the non -conformity.
Policy 1-3.4.3: Interagency Hazard Mitigation Reports. Interagency hazard mitigation report shall
mean the recommendations of a team of federal, state, regional, or local officials which address measures
to reduce the potential for future flood losses and which is prepared in response to a Presidential Disaster
Declaration.
Policy 1-3.4.4: Coordinate Hazard Mitigation Reports with Development and Redevelopment. In the
event that Sebastian is included in a Presidential Disaster Declaration, the City shall use the interagency
hazard mitigation report as the basis for prohibiting redevelopment of uses which are inconsistent with the
report recommendations. Additionally, the City shall use the interagency hazard mitigation report to
prevent new uses which are inconsistent ' with the report recommendations from locating in the area
included in the Presidential Disaster Declaration. Finally, should an interagency hazard mitigation report
be issued for Sebastian, the City shall consider adopting a program for eliminating existing uses which are
inconsistent with the report recommendations.
OBJECTIVE 1-3.5: PROTECTION OF ARCHAEOLOGICAL AND HISTORIC RESOURCES.
0,3eginning in January, 1998, any development which impacts a historic or archaeological site or structure
identified in the adopted Comprehensive Plan shall be required to submit a site plan which illustrates how
the applicant will mitigate the adverse impacts. As a minimum, the site plan shall identify precautions to
be taken to prevent the following adverse impacts:
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CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
�4 • Destruction or alteration of all or part of such site;
•► Isolation from, or alteration of the siurounding environment;
• Introduction of visual, audible, or atmospheric elements that are out of character with a property or alter its setting;
• Vegetation removal shall not be permitted on a historic or archaeological site unless the vegetation to be removed is a part
of a duly authorized scientific excavation, or is a part of an approved development plan;
• Transfer or sale of the site of significance without adequate conditions or restrictions regarding preservation, maintenance,
!I use or re -use; and
• Other forms of neglect resulting in* resource deterioration.
- Policy 1-3.5.1: Programming -for Archaeological and Historic Sites. The City shall coordinate with
the State in developing programs for implementing City and State policies for identifying, preserving, and
enhancing sites of historical, and archaeological significance. Programs for identification, evaluation of
relative significance, protection, preservation, and enhancement shall be promoted, utilizing available
public resources at the local, 'State, and Federal level as well as available private sector resources.
Policy 1-3.5.2: Preventing Adverse Impact of Development on Historic or Archaeological Sites.
Development activities shall include precautions necessary to prevent the following adverse impacts to
historic or archaeological sites -of significance: 1) destruction or alteration of all or part of such site; 2)
isolation from or significant alteration to its surrounding environmeut; 3) introduction of visible, audible,
or atmospheric elements that are out of character with the property or significantly alter its setting; 4)
transfer or sale of a site of significance without adequate conditions or restrictions regarding preservation,
maintenance, or use; and 5) other forms of neglect resulting in its deterioration.
ObBJECTIVE 1-3.6: PROTECTION OF NATURAL RESOURCES. Beginning in January 1998, the
City shall maintain land development regulations which ensure ' that development and conservation
activities shall protect natural resources as directed by the below stated policies.
Policy 1-3.6.1: Future Land Use Policies for Managing Environmentally Sensitive Lands. Policies in
the Conservation Element for managing environmentally sensitive natural systems, including, but not
limited to, the Indian River Lagoon, the Sebastian River, Schumann Lake, Lake Hardee, Collier Creek,
the Elkcam Waterway, and other environmentally sensitive resources shall be carried out through
performance standards in the land development regulations. These and other natural resources identified
on the Future Land Use Map series shall be protected and/or preserved pursuant to goals, objectives, and
policies stipulated in the Conservation Element. In addition, land development regulations provide more
detailed procedures and performance criteria to implement conservation and natural resource protection.
These land development regulations shall also provide for wetland preservation consistent with the
requirements and regulations of the St. Johns River Water Management District, FDEP, and the Corps of
Engineers .
Policy 1-3.6.2: Intergovernmental Coordination and Natural Resource Management. The City shall
coordinate with the State, the St. Johns River Water Management District, the Treasure Coast Regional
Planning Council, Indian River County, state agencies, and other agencies concerned with managing
natural resources. Such intergovernmental coordinating activities shall be directed toward protecting the
values and functions of respective natural systems.
0.1olicy 1-3.6.3: Protect Habitats of Flora and Fauna Having Special Status. The habitat of rare,
endangered, and threatened species of flora and fauna and others having special status as identified in the
_ Conservation Element shall be protected.
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09/21/99 1-29
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
Policy 1-3.6.4: Managing Stormwater Run-off. The developer/owner of any site shall be responsible
- �or managing on-site run-off.
Policy 1-3.6.5: Conservation of Potable Water Supply. The potable water supply shall be conserved
by enforcing conservation standards to be developed as part of the Land Development Code.
OBJECTIVE 1-3.7: PREVENT PROLIFERATION OF URBAN SPRAWL AND DEVELOP
EFFICIENT SYSTEMS FOR COORDINATING THE TIMING AND STAGING OF PUBLIC
AND PRIVATE DEVELOPMENT. By December 31, 1998, the City shall have adopted land
development regulations which include performance standards ensuring that the location, scale, timing,.
and design of development shall be coordinated with public facilities and services in order to prevent the
proliferation of urban sprawl and achieve cost effective land development patterns. Performance
standards consistent with those listed below shall also be adopted by December 31, 1998, which shall
direct future development only to those areas where provision of public facilities necessary to meet levels
of service standards are available concurrent with the impacts of the development.
• No premature or poorly planned conversion of rural land to other uses;
• No areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area;
• No areas of urban development or uses which fail to maximize the use of existing public facilities;
• No areas of urban development or uses which fail to use areas within which public services are currently provided;
• No leapfrog/scattered development or ribbon /strip commercial development patterns; and
• Consistent with criteria in Rule 9J-5.006(5).
Policy 1-3.7.1: Development Orders and Permitting Process. Development orders and permits for all
Wilture development shall be timed and staged to assure that requisite infrastructure and services are
available to respective developments concurrent with the impacts of the development.
Policy 1-3.7.2: Design of Public Facilities and Utilities. Public facilities and utilities shall be located
and designed to: 1) maximize the efficiency of services provided; 2) minimize related costs; and 3)
minimize adverse impacts on natural systems.
Policy 1-3.7.3: Developments Not Served by Public Water and/or Wastewater Systems. All
developments in areas not serviced by public water and/or wastewater systems shall be governed by
applicable State laws and administrative regulations.
Policy 1-3.7.4: Accommodating Requisite Infrastructure. During the subdivision review, site plan
review, and permitting processes the City shall insure that respective future developments allocate
sufficient land area for infrastructure required to support proposed development.
_. OBJECTIVE 1-3.8: CONSIDER APPLICATION OF INNOVATIVE LAND AND WATER
RESOURCE MANAGEMENT AND ENERGY CONSERVATION CONCEPTS. Beginning in
January 1998, the City of Sebastian shall maintain land development regulations which incorporate
concepts for managing land and water resources which are responsive to unique development and
conservation issues identified in the City's Comprehensive Plan.
- Policy 1-3.8.1: Incorporate Innovative Techniques in the Land Development Regulations. The
W-lity's amended land development regulations which shall be. adopted by September 1990, shall
Incorporate land and water resource management techniques which have been demonstrated to be
- successful and cost effective in resolving development and conservation issues such as surface water
Comprehensive Plan Goals, Objectives and Policies
09/21/99 1-30
. CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
management, soil erosion and sedimentation control, land clearing and excessive tree removal, loss of
-
Wmature plants and wildlife habitat, and conservation of water supply.
Policy 1-3.8.2: Use of Energy. Site planning standards shall be adopted which require and/or provide
incentives to developers to incorporate energy conservation measures in site layout and design. Promote
practices that ensure that each form of energy is used to do work for which it is best suited. Recognize the
energy services provided by natural features of the environment including landscape, sun and wind, and
promote site development and resource management that complements or substitutes for energy -intensive
technologies.
Policy 1-3.8.3: Energy Efficient Land Development. Amended land development regulations shall
promote energy efficient land development. Recognize the relative energy dependency of commercial
and industrial land uses and consider energy dependency in any policy pertaining to new industry
promotion strategies or policy concerning maintenance or expansion of existing industry or commerce.
Encourage land use patterns that by location, scale, and design minimize long-term energy commitments
to construction, operation, maintenance, and replacement. Encourage natural resource conservation and
utilization in ways that are consistent with sound energy management principles.
Policy 1-3.8.4: Coordination of Energy Management. The City shall participate in regional, State, or
local initiatives directed at coordinating energy management within the public and private sectors. These
tasks may include joint formulation of energy related decisions with concerned federal, state, regional,
and County agencies as well as with concerned private entities. Such activities shall be directed toward
maximizing awareness of energy related problems, issues, alternative techniques for resolving energy
related problems and issues, and to identify future areas where joint efforts may enhance mutual goals and
•L)bjectives.
Policy 1-3.8.5: Energy Efficiency in Plans. The City shall promote a systematic approach to the
development of pedestrian and bicycle path networks by the public and private sectors in order to improve
- energy efficient transportation links between major activity areas such as residential neighborhoods,
employment centers, shopping areas, parks, and schools.
- Policy 1-3.8.6: Energy Efficient Design. The City's land development code shall include criteria which
requires and/or provides incentives for design techniques which reduce demand for artificial heating,
cooling, ventilation and lighting. Design factors may include building design, siting and orientation that
effectively utilizes natural solar resources, wind conditions, tree canopy, and plant material to reduce the
effects of exposure to extreme weather conditions. Energy efficient construction shall be promoted
through enforcement of the building and energy codes, through application of new and proven energy-
efficient technology and through cooperative efforts with building trades, design professionals, building
officials and county, regional and state agencies concerned with energy conservation.
Policy 1-3.8.7: Energy Conservation in Building and Construction. The City shall enforce energy
efficient building codes and promote efficient energy conservation in building heating and cooling
systems. The City shall promote attendance at regional training workshops in energy efficiency in
construction and continue to foster cooperative relationships between building trades, architects,
engineers and building officials.
• JBJECTIVE 1-3.9: INTERGOVERNMENTAL COORDINATION. Beginning in January 1998, the
City shall maintain land development regulations incorporating administrative procedures to ensure
efficient coordination of land and water management issues surrounding proposed development are
carried out in a timely manner with all public entities having jurisdictional authority.
Comprehensive Plan Goals, Objectives and Policies
09/21/99 1-31
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
Policy 1-3.9.1: Implementing Intergovernmental Coordination. The City shall require that
lWevelopment applications be coordinated, as appropriate, with Indian River County, the Indian River
ounty School Board, other special districts, the Treasure Coast Regional Planning Council (TCRPC), the
St. Johns River Water Management District, as well as applicable State and Federal agencies prior to
issuance of a development order or permit. The City shall coordinate with the TCRPC in meeting
regional policies contained in the Regional Comprehensive Policies Plan.
OBJECTIVE 1-3.10: CONTINUING LAND USE PROGRAMS. The City shall implement land use
goals and objectives by carrying out a continuing program of land use activities below cited.
- Policy 1-3.10.1: Land Use Information System. Establish, maintain, and periodically update the land
use information system, integration of the Tax Appraiser property files, City Planning Department field
data, Building and Zoning Department permit files, engineering base maps, and all other relevant land use
data files.
Policy 1-3.10.2: Land Use Trends. Monitor and evaluate population and land use trends.
Policy 1-3.10.3: Fiscal Management. Implement fiscal management policies of the capital
improvement program and budget.
Policy 1-3.10.4: Administer Land Use Controls. Administer adopted land use controls, including the
zoning ordinance, subdivision regulations, building regulations, housing code, traffic regulations, and
regulations governing streets and sidewalks.
.Policy 1-3.10.5: Public Assistance. Provide continuing land use information and assistance to the
public.
Policy 1-3.10.6: Intergovernmental Coordination. Coordinate land development issues where
applicable with other public agencies at all levels of government pursuant to the Intergovernmental
Coordination Element of this plan.
Policy 1-3.10.7: Manage Current Developmental Impacts. Evaluate and manage impacts of proposed
development pursuant to existing ordinances, including, but not limited to, public facilities, natural
environment, and impact on stable residential neighborhoods.
Policy 1-3.10.8: Urban Design and Community Appearance. Good principles of urban design shall be
_ applied through site plan review procedures in order to enhance general community appearance as well as
to preserve and enhance open space and landscape. This program shall assist in protecting major natural
and man-made resources within the City, including such scenic natural resources as the Indian River
_._ Lagoon, the Sebastian River, the Collier Creek natural drainage corridor, Schumann Lake, as well as
developing residential neighborhoods and centers of commercial or institutional activity.
Policy 1-3.10.9: Special Land Use Studies. In order to maintain land use policies responsive to
changing conditions, problems, and issues, the City shall undertake special studies as needed to develop
specific local strategies for resolving unanticipated land use problems and issues.
• OBJECTIVE 1-3.11: CONTINUING EVALUATION OF LAND USE ELEMENT
EFFECTIVENESS. The City shall use the following policies as criteria in evaluating the effectiveness
of the Land Use Element.
Comprehensive Plan Goals, Objectives and Policies
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CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
Policy 1-3.11.1: Review the Impact of Change Indicators on Land Use Policy. Trends in the
wagnitude,
distribution, and characteristics of population and land use shall serve as indicators of possible
anges in land use needs. The policy implications of major trends in land use characteristics shall be
evaluated on a continuing basis. Land use policy shall be refined as needed in order to remain responsive
to evolving problems and issues.
Policy 1-3.11.2: Schedule, Budget and Implement Programmed Activities. The timely scheduling,
- programming, budgeting and implementation of programmed land use activities identified in this Element
shall be evidence of the City's effectiveness in carrying out a systematic program for implementing
adopted land use goals, objectives and policies.
Policy 1-3.11.3: Coordinate with Public and Private Sectors. While continually implementing and
evaluating the Land Use Element, the City shall maintain a process of intergovernmental coordination as
well as coordination with private sector -groups interested in land use policy and programs. The
effectiveness of this approach shall be evaluated by the success of coordination mechanisms in resolving
land use problems and issues.
Policy 1-3.11.4: Achieve Effective Resolution of Land Use Goals, Objectives, and Policies. The
effectiveness of the Land Use Element shall be measured by the City's success in achieving land use
goals, objectives, and policies. The Land Use Element incorporates a systematic planning process for
identifying land use problems and issues and implementing corrective actions.
K -7
•
Comprehensive Plan Goals, Objectives and Policies
- 09/21/99 1-33
•
•
CONCURRENCY MANAGEMENT § 54-3-9.7
final development order shall state the terms of the concurrency reservation, including the
allocation of available capacity, the time frame for the allocation, and other appropriate legal
assurances.
(c) Project deferrals/ development moratoriums. If at any time the city's inventory of the
capacity of concurrency facilities indicates that concurrency facilities have dropped below its
adopted level of service standard, the city shall cease to issue development orders for projects
which would impact the deficient facilities or the area impacted by the deficient concurrency
facilities, as defined within this ordinance. Such a suspension or moratorium on the issuance
of development orders shall continue until such time as the adopted level of service standard
is re-established, the comprehensive plan is amended to reflect an acceptable level of service
standard for the facilities in question, or alternative arrangements are made to ensure
capacity will be available, consistent with section 54-3-9.5(e)(1) through (5).
Sec. 54-3-9.7. Adopted level of service standards (LOS).
Level of service standards for those public facilities for which concurrency is required are set
forth below:
Concurrency Facility City of Sebastian Adopted Level of Service Standard
Sanitary Sewer 250 gallons per day per equivalent residential unit
Potable Water 250 gallons per day per equivalent residential unit
Drainage Facilities Water Quality: Post development runoff shall not exceed the
pre -development runoff rate for a 25 -year, 24-hour storm
event.
Stormwater treatment and disposal facilities shall be de-
signed to meet the design and performance standards estab-
lished in chapter 17-25, FAC, with treatment of the runoff
from the first one- inch of rainfall on-site to meet the water
quality standards required by chapter 17-302, FAC.
Recreation:
Park
Classification
Neighborhood Park
Community Park
Acreage of Recreation
Areas /Population
2.5 per 1,000
2.5 per 1,000
• Solid Waste: 7.52 pounds per day per capita
LDC9:11
• § 54-3-9.7 SEBASTIAN LAND DEVELOPMENT CODE
•
Roads:
ROADWAY FACILITY
MINIMUM LOS
STANDARD PEAK
HOUR*
State Arterials
U.S. Highway 1 C
County Arterials
CR 512 (Fellsmere Highway)
D
CR 505 (Roseland Road)
D
County Collectors
Indian River Drive
D
Schumman Drive
D
City Collectors
Barber Street (Wimbrow Drive to Schumann Drive) D
Fleming Street (Main Street to CR 512) D
Easy Street (Main Street to Schumann Drive) D
Vocelle Avenue (CR 505 to Fleming) D
Main Street (US 1 to Wimbrow Drive) D
Laconia Street (CR 512 to South City Limit) D
Significant Local Streets Shown on the Major Thoroughfare Plan
Barber Street Extension (Schumann Dr to US 1�-City D
Englar Avenue Barber St to Schumann Dr) --City D
Wimbrow Drive (Main Street to East CR 512�—City D
Louisiana Avenue (Main Street to CR 512)—City D
Local
All roads not classified as arterials, collectors, or significant
local streets shown on the Major Thoroughfare Plan.
D
*The peak hours shall be the 30th highest hour established by FDOT.
Prior to issuing a development order the city shall review all proposed development to
ensure consistency with adopted LOS standards. No development shall be approved that is
projected to decrease the existing LOS below the adopted standard, unless those are mitigated
by the developer.
Sec. 54-3-9.8. Methodology for determining demands on concurrency facilities.
(a) Roads. In determining demand for available capacity for roads, the following criteria
shall be used:
(1) Residential development. For proposed residential development (except within planned
• developments), the following trip generation rates shall be used to calculate the impact
of the proposed development:
LDC9:12
•
•
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: AI 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 1/3108
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:
10
PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE
AMENDMENT & REZONING (for a Proposed Annexation) 13225 U.S.
14IGHWAY #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.y Highway #1, Sebastian introduced himself as
representative of Edward and Carole Wagner, the owners of the property. He also
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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:
10
PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE
AMENDMENT & REZONING (for a Proposed Annexation) 13225 U.S.
14IGHWAY #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.y 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.
• No one spoke in favor. The following spoke in opposition.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 17, 2008
• 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 ihterim 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 42. Motion passed.
CHAIRMAN MATTERS:
NONE
MEMBERS MATTERS:
There were no comments from the members.
Mr. Cardinale no
Mr. Dodd yes
Mr.Buchanan yes
Election of Chairperson and Vice -Chairperson:
• Mr. Buchanan nominated Mr. Paul for chairman. Being no other nominations, Mr. Paul
is the Chairman.
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.
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)
•
0
• 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
08.05 First Reading Ordinance No. 0-08-01 - Voluntary Annexation of Shady Rest
(backup provided under separate cover)
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.
10:20 pm
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.
8
• 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).
.7
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
*Regular City Council Meeting
April 23, 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 1 Vh,
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 11th
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 cany 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)
oRegular 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 le, 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
Agreement for Hangar Construction (Airport Transmittal, FDOT
131-140
Participation
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.
Andrea Coy, Mayor
ATTES .
• Sally A. Maio, C — City Clerk
11
egular City Council Meeting
ne 11, 2008
age Four
08.001 B. Parks & Recreation Advisory Committee
51-56
Interview, Unless Waived, Submit Nominations for One Position (Clerk
Transmittal, Application, Ad, List)
Ms. Brown addressed Council.
MOTION by Mr. Paternoster and SECOND by Ms. Simchick to appoint Jennifer
Brown to the Parks and Recreation Committee passed with a voice vote of 5-0.
10. PUBLIC HEARINGS
Public Input for each individual is rive minutes, however, it can be extended or terminated by a majority vote of Council
members present.
Items A, B and C below were continued from the April 23, 2008 Regular Meeting to the June 11,
2008 Regular Meeting. Advertisement for the land use change hearing (item B) ran on 4/7/08.
• Item A is legislative first reading only.
• Item B is a legislative first reading and public hearing for transmittal to DCA.
• Item C is a first reading of a quasi-judicial matter.
08.052 First Reading Ordinance No. 0-08-01 - Voluntary Annexation of Shady Rest Mobile
40 7-111Home Park, 13225 US Highway 1 —17.15 Acres (Backup Previously Provided Under
Separate Cover — New Information: Transmittal, 4/23 Minutes Excerpt, Petition,
Agreement
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.
•
Ex -parte communication was disclosed. The Clerk pointed out this was a first reading of
an annexation ordinance and disclosure of ex -parte communication was not necessary.
The City Attorney read the title and explained it doesn't take effect until the land use is
reviewed and finally approved by the Department of Community Affairs (DCA) and noted
there is an updated annexation agreement between the park owner and the residents in
the packet. He advised this is a legislative act, that there is no requirement to annex and
should Council choose not to annex there would be no further action on the remaining
ordinances.
Mr. Warren Dill, 1565 US 1, Sebastian, representing the applicants, stated this has no
significant impact on the City and over time will generate business and sales tax and the
residents will have certainty in their lives. He said the residents have been individually
polled and only three of the responses were in opposition.
4
*gular City Council Meeting
une 11, 2008
Page Five
Mr. Paternoster asked if this Council could bind a future Council and the City Attorney
responded a future Council and land owner could change the agreement. It was noted
that both parties would have to agree to change the agreement.
Mayor Coy noted that we will have a permanent record of this proceeding at which we
made a commitment that could be brought to a future Council.
Ms. Simchick asked about the agreement effective date noted on circle page 63 and
said it should read June and the Mayor Coy said it would actually be the date of the
adoption hearing. Ms. Simchick asked for more information on the plan for the empty
lots and that if Shady Rest were annexed, would they be eligible for the fagade grant.
The Growth Management Director said they would not be eligible since they are not
within the Community Redevelopment District boundaries. Mr. Dill said a number of
improvements would be made to the park including the signage and landscaping.
Mr. Paternoster asked when the property was taken off the market because he had recently
seen it listed on Realtor.com.
Mr. Dill said it was taken off two to three years ago. He then clarified that under the
agreement, the park would remain open for five years but from five years to ten years it is up
• to his client's discretion.
The City Attorney said in the case of Chapter 11 bankruptcy, the City would request the
receiver to allow the contract to remain but it is ultimately up to the bankruptcy judge.
Damien Gilliams, 1623 US 1, suggested the City should pay for the residents' attorney and
stated he received a letter and wanted to go on record that he is against the annexation.
He stated previous Council minutes show Mr. Neglia was against annexation.
Mayor Coy gave him his first warning to keep politics out and he proceeded to state
Council minutes show Ms. Coy was against annexation and Mr. Paternoster ran on a
platform that he was against annexation and commended him. Mayor Coy noted she was
not on Council at that time.
Clifford Estes, Shady Rest resident, said he is 100% in favor of annexation, and that the
owners have got to make money and will do their best for the residents.
Mr. Kilderby, 13225 US Highway 1, stated he didn't think Mr. Howland would change what
he says he would do because he is a gentleman; said that- he likes what has been
promised, and is for the annexation as are his two sisters who live in Shady Rest.
Robin Meyers, 739 S. Easy Street, Social Justice Committee of St. Sebastian Church,
applauded the questions Council is asking, and said the committee is in favor of the
annexation.
•
I;1
egular City Council Meeting
Wane 11, 2008
ge Six
•
Claire Ranahan, 13225 US Highway 1, said it is a great conciliation to have five solid
years, expressed heartfelt gratitude for Council's time in meeting with the residents, and
said the owner is a businessman and has been very fair to the residents. She asked
Council to consider the possibility of losing their homes when they reach her age.
Betty Robson said she is for the annexation.
James Williams, Shady Rest Park Manager, who has worked for Mr. Howland for ten
years, applauded the residents for their cooperation in considering options, said he owned
a home in the park, and that he supported the annexation.
Jane Adams, Shady Rest, said she called Attorney Mike Stuckey, State Department of
Legal Services, who said, if the owner is sincere, the City Attorney could include in the
annexation ordinance a promise that the owner would not to seek a change of land use for
a period of five years.
Ms. Simchick expressed disappointment at negative comments from the audience when
Jane Adams approached the podium to speak, stating Mrs. Adams had a right to speak
and was well versed in the laws regarding this issue.
Mayor Coy called recess at 8:42 p.m. and reconvened the meeting at 8:55 p.m. All
members were present.
Council Deliberation
Mr. Wolff said when he first looked at this he was not happy because he thought the land
owner was attempting to skirt the regulations of another agency by applying for
annexation, said the owner should have contested the County regulation to the State
courts. He said these elderly folks are unrepresented against a property owner of means,
stated he did not think the RV plan will succeed in light of fuel price increases, these
people will walk away with nothing and should have been offered a buyout. He said
though he thinks the owner's intentions are honorable, if he passes away his intentions
may not be carried out, said the developmental rights are the golden ring and it will be a
windfall profit if the property is sold. He said he could not put his name to this agreement
whereby in five years these people would be put into the streets.
Ms. Simchick said this decision has weighed heavily on all of them, that Ms. Adams asked
all the right questions, residents did hire an attorney and residents expressed a need for
five years of peace. She questioned whether Council should accept what the residents
are comfortable with. She asked the City Attorney since the Shady Rest residents signed
a petition to convince Council to approve the agreement, if the playing field changed,
would the residents have a civil lawsuit.
_. 6
Wegular City Council Meeting
ne 11, 2008
age Seven
The City Attorney said there isn't a clear answer on that, but if a future Council wanted, he
would attack it in that vein as the residents are the third -party beneficiary, but whatever the
case the petition would be admissible evidence.
Ms. Simchick said she agreed with Mr. Wolff's comments, but the residents are begging
Council to approve and she wanted to be sure their eyes were wide open and they had
received good advice.
Mayor Coy asked Mrs. Ranahan to come forward and tell Council what transpired between
the residents and their attorney. Mrs. Ranahan said the residents did meet with Attorney
Mary Parsons, who represents the homeowners' association, to go over the contract and
Ms. Parsons said it was excellent protection for the residents.
In response to Mr. Neglia and Mr. Paternoster, Mrs. Ranahan said Ms. Parsons had been
the homeowners' association attorney for seven years and was still practicing.
The City Attorney said he had discussions with Ms. Parsons and gave his opinion on behalf
of the City on a couple of questions.
Mayor Coy said Mary Parsons advised that the new wording was a benefit to the residents
and they came to their own independent decision, and as to Mr. Gilliam's quotes from 2004
• she was not on Council. She said she had spoken to County Commissioners Wheeler,
Davis, and O'Bryan by phone, and Mr. Davis and Mr. O'Bryan said it was not Indian River
County's intent to prevent Shady Rest from closing but to delay the time for the residents.
She said the County's ordinance doesn't prevent the owner from closing the park within 60
days under Florida Statutes but the City agreement will protect them for five years. She said
her vote is for what the residents want and she will fight for them if anything goes wrong.
•
Mr. Neglia pointed out that Council in genuinely concerned for what happens to the
residents, that Shady Rest is affordable housing being taken away, agrees that less
and less RVs are coming down to Florida, hoped the decision was right and everything goes
well for the residents and that they are taken care of. He agreed people should not be hard
on Mrs. Adams.
Mr. Paternoster said this is the first he had heard about their attorney, and asked the City
Attorney why Ms. Parsons' comments were not in the packet. The City Attorney responded
he did not have anything in writing from her and saw her handwritten notes from the
homeowners' association president she had with her in their meeting. Mr. Paternoster said
maybe the 50% rule was originally put in the agreement for leverage, said he could not say
the owner was honorable because he didn't know, said the park was in disarray and now
they are getting a few things done. He said it was his worry that the residents won't get five
years, that attorneys can take the law and manipulate it, Council can promise the world and
in five years he would guarantee that this City staff will say 'we want the property' because
they want it now. He said this is a way of getting around the County regulations and he
would not support it.
Wegular City Council Meeting
ne 11, 2008
age Eight
Mayor Coy asked the City Manager and City Attorney if anyone on City staff implied or
stated that they did not want to honor the agreement for five years and want the property for
commercial use now. They both answered no.
Mr. Paternoster asked the City Manager what he had told him about that property. The City
Manager asked to keep this in context because the City did not seek a petition, nor go out
and ask. Mr. Paternoster interrupted him and the City Manager asked to finish. They began
to talk over each other and the Mayor gaveled both sides of the dais and said we are not
going to argue. The City Manager asked to finish his answer and Mr. Paternoster said he
needed his answer and asked again what he told him about the property. The City Manager
started to respond and Mr. Paternoster asked him to be frank. The Mayor gaveled again
and asked Mr. Paternoster to give courtesy and he said he was speaking and she had no
right to shut him up so not to try it. He continued telling the City Manager that if he didn't
want to answer he didn't have to.
The City Manager said he would answer the question the way it should be answered and
Mr. Paternoster told him to try honesty.
Mayor Coy called recess at 9:40 p.m. and asked for everyone to come back with cool
heads and reconvened the meeting at 9:51 p.m. All members were present.
Mayor Coy asked Mr. Paternoster to restate his question. He asked the City Manager
what he said to him in regard to Shady Rest Mobile Home Park in the City Manager's
office and on the telephone.
The City Manager asked to be provided the liberty to answer so that a piece of his
conversation would not be manipulated to support one position or another. He said in his
opinion, the question was lined to put the footstep of this staffs head, and their
recommendation was that the property should be annexed, that has not waivered, and the
conversation was that it should be annexed and changed to commercial because in the long
term benefit of the City it will be better for the community. He said the portion of the
question that was unfair, was that staff in no way went out and solicited annexation, rather it
was put on staff's doorstep and staff put it on Council.
Mr. Paternoster asked about proximity to water. The City Manager stated it is in a bad
location for a mobile home park because of natural disasters, that staff did not solicit it but
provided their planning opinion that the best use is commercial. The City Manager stated
this is a tough call and he did not envy Council.
Cllr. Paternoster said he had asked him how he would feel if it was his parents, said he was
not answering his question and said the City Manager had told him "we need to do
something because these people are going to be without a home". The City Manager said
there were disparaging remarks in fun connotation but this is a serious subject and Mr.
Paternoster continued that the City Manager said "If it were my parents, I'd tell them to get
the hell out of there." The City Manager stated he wouldn't answer his line of questioning
• anymore because it was unprofessional.
Wegular City Council Meeting
ne 11, 2008
age Nine
Mr. Neglia called for a point of order and the Mayor asked him to state his point of order
and Mr. Neglia said it was the arguing and bickering.
MOTION by Mr. Neglia to approve and SECOND by Mayor Coy to approve the first reading
of Ordinance No. 0-08-01.
Mr. Paternoster told Mr. Neglia he was surprised at him interrupting his questioning of Mr.
Minner and said he is not satisfied with the City Manager's answers to his questions, and it
appears he doesn't want to answer.
The City Manager told Mr. Paternoster that he would not allow him to impugn his integrity,
that Mr. Paternoster knew what the conversation was, he could not judge what was in his
heart, and the property should be commercial.
Ms. Simchick said during the recess things were flying and concerns were expressed about
buyouts and the residents have expressed uncertainty again. She said the residents were
concerned their attorney was not here and she was concerned about annexing tonight and
said as good stewards Council has to make this decision for them and it would not be right
to make that decision tonight.
Mayor Coy stated this is only the first reading and doesn't mean it will pass at the second
reading/public hearing, the attorney could be here for the second reading, if we deny it, it is
dead and delaying it again would be a disservice.
Mrs. Ranahan said she would appreciate the time and would like to get input from the other
residents.
Mayor Coy again said this is a first reading, if it is denied tonight it is dead, but if it passes on
first reading, it will come back a second time before it becomes gospel and if the residents
change their minds, she will also change her mind.
The City Attorney clarified that it wouldn't come back until the City received comments from
DCA on the land use which would be four to six months.
Mr. Wolff asked if the homeowners' attorney works out of Mr. Dill's office and Mrs. Ranahan
said she did not think so. Mayor Coy said the attorney works out of Attorney Rene Van de
Voorde's office.
The City Attorney outlined the three options: vote to pass on first reading and hold public
hearing upon return from DCA, vote to deny, or continue the first reading to a future time.
Mr. Wolff pointed out there could be a different Council in six months.
0
egular City Council Meeting
Wane 11, 2008
ge Ten
The City Attorney said the annexation first and second reading could be done in a two week
gap, separate from the land use. Ms. Simchick asked if there is a change in terms, would
the annexation ordinance have to be redone. The City Attorney said it is staff's
recommendation all the ordinances be done together, though annexation can be done
separate from the land use. He said if terms of the annexation agreement change, because
it is an attachment referenced in the ordinance, there would not need to be another first
reading.
In response to Mr. Wolff, the City Attorney said the land use does not have to occur with the
annexation, but is being done for certainty; if not done at the same time, on an interim basis
it would go to the closest County land use. Mr. Wolff asked if the land use is the reward for
filling the five year obligation. The City Attorney said while we can bind them for five years,
they could not bind us.
Mr. Dill stated his concern is that when this started in April, there was time to run the land
use with the City's land use amendment, but the park has to be open and running as a
mobile home and RV park by December and if that doesn't happen, his client has no
incentive to proceed and though the County is working to allow RVs it will take more time.
The City Attorney clarified that DCA review is 45 days and then the City has 90 days to
respond.
101 MOTION by Mr. Paternoster and SECOND by Mr. Neglia to extend the meeting until 11:00
p.m. passed on a voice vote of 5-0.
Roll call on the annexation motion was as follows:
Ayes: Simchick, Coy, Neglia
Nays: Wolff, Paternoster
Motion carried 3-2
08.052 B. First Reading and Transmittal Public Hearing of Ordinance No. 0-08-02 - Land Use
113 r� - Shady Rest Mobile Home Park, 13225 US Highway 1 — 17.15 Acres — Riverfront
Mixed Use (RMU) (transmittal, previous 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.
The City Attorney read the title.
The Growth Management Director and Attorney Dill stated staff report is before Council
and Mr. Dill noted staff recommends approval.
•
Regular City Council Meeting
ne 11, 2008
l0age Eleven
The City Attorney said the decision to assign the land use designation is at the discretion of
Council, and noted every piece of property except institutional, that lies east of the railroad,
is Riverfront Mixed Use (RMU).
Clare Ranahan asked what will happen if DCA rejects this. The City Attorney said basically
feedback is received from DCA and the City has discretion.
Cindy Falco asked for clarification on what had occurred previously and whether residents
would have to leave if the business does not open in December and Mayor Coy said the
County ordinance would not preclude him from using Florida Statutes which allow six
months notice for residents to vacate. Ms. Simchick pointed out this question does not
pertain to land use.
Damien Gilliams, 1623 US Highway 1, stated maybe we will get a Lowes next to the Church,
asked what if he petitioned DCA as a property owner, suggested changing the land use to
mobile home park and guarantee the residents a place to live, it is a concern their attorney
is not present, stated making this commercial is not good, the property should be abutting
more than 50% of the City property and this is not.
Evelyn Rupp, Shady Rest, stated she didn't understand what is happening because when
they came tonight they thought they had five years. Mayor Coy explained the annexation
passed on first reading and residents have three to six months to consult with each other
and their attorney.
MOTION by Mr. Neglia and SECOND by Ms. Simchick to pass Ordinance No. 0-08-02 on first
reading and authorize transmittal to Department of Community Affairs for comments.
Roll call on the motion was as follows:
Ayes: Coy, Neglia, Simchick
Nays: Wolff, Paternoster
Motion carried 3-2
08.052 C. First Reading of Ordinance No. 0-08-03 — Rezoning (Quasi -Judicial) — Shady Rest
115 Mobile Home Park, 13225 US Highway 1 — 17.15 Acres — Commercial Riverfront
Zoning (transmittal, previous backup provided under separate cover)
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 City Attorney read the title and asked that input not be taken at this time on first reading
because the hearing will be quasi-judicial.
•
Qegular City Council Meeting
ne 11, 2008
Page Twelve
MOTION by Mr. Neglia and SECOND by Ms. Simchick to pass Ordinance No. 0-08-03 on
first reading.
Roll call on the motion was as follows:
Ayes: Coy, Simchick, Neglia
Nays: Paternoster, Wolff
Motion carried
The City Manager asked to move up item B because some of CDM's services on Collier
Creek seawall will be needed soon.
MOTION by Ms. Simchick and SECOND by Mr. Neglia to move item B up passed on a
voice vote of 5-0.
08.010 B. CDM Contract Work Authorization # 6 - Collier Creek Wall RFP (Engineering
117-124 Transmittal, Work Authorization, Exhibit A)
08.077
•
The City Manager explained that this will help the City Engineer get to the notice to
proceed stage on the project and pointed out that half of the amount is for work that has
already occurred.
MOTION by Mr. Wolff and SECOND by Mr. Paternoster to pass item B — CDM Contract
Work Authorization Collier Creek Wall Engineering in the amount of $25,000.
Roll call on the vote was as follows:
Ayes: Neglia, Paternoster, Simchick, Wolff, Coy
Nays: None
Motion carried 5-0
11. UNFINISHED BUSINESS
A. Lot Clearinq Ordinance History (Separate Cover)
The City Attorney said this ordinance has had a tortured history even before the scrub jays
entered the picture.
MOTION by Mr. Paternoster and SECOND by Mr. Wolff to bring this back to the next
meeting.
Ms. Simchick pointed out the last correspondence from US Fish and Wildlife (USFW) in
December requested a reply so the ball is in our court and she could not move forward until
the federal agency received a reply and their concerns are answered regarding the
ordinance. She requested the motion be modified to have answers at the next meeting.
Mr. Paternoster noted he has been asking for that information for quite some time.
12
P.O. Box 1268 Vero Beach, Florida 32961 562-2315
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared Debbi Vickers who on oath
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NOTICE OF
COMPREHENSIVE PLAN
LAND USE MAP
AMENDMENT
CITY OF SEBASTIAN,
FLORIDA
The City Council of the City of Sebastian,
Indian River County, Florida, proposes to
review the following ordinance:
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 US. 1, KNOWN AS SHADY REST
MOBILE HOME PARK; AUTHORIZING
FINDINGS AND ADMINISTRATIVE
ACTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR EFFECTIVE DATE.
A public hearing on the ordinance will be held
on April 23, 2008, at approximately 7:00 pm.
in the City Council Chambers, City Hall, 1225
Main Street, Sebastian, Florida.
The property is shown in the map below and
generally described in the ordinance title above:
Following the public hearing, the City Council
may transmit the ordinance to the Department
of Community Affairs for review and schedule
a second reading and adoption hearing.
Interested parties may inspect the proposed
ordinance and the complete legal description of
the property by metes and bounds in the Growth
Management Department at City. Hall, Monday
through Friday 8 am. to 4:30 pm. and may
appear at the hearing and be heard with respect
to the proposed ordinance.
Any person who may wish to appeal any decision
which may be made by the City Council at this
hearing will need to ensure that verbatim record of
the proceedings is made which record includes the
testimony and evidence upon which the appeal will
be based. (286.0105 FS.)
In compliance with the Americans With Disabilities
Act (ADA), anyone who needs a special
accommodation for this meeting should contact the
City's ADA Coordinator at 772-589-5330 at least 48
hours in advance of the meeting.
t.., rICE OF COMPREHENSIVE PLAN,
LAND USE MAP AMENDMENT
• CITY OF SEBASTIAN, FLORIDA
The City Council of the City of Sebastian, Indian River County, Florida, proposes to
review the following ordinance:
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 MILD USE (RMiI) FOR ANNEXED LAND
WITH A PRIOR COUNTY LAND USE DESIGNATION AS
MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE
01HRP/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.
A public hearing on the ordinance will be held on June 11, 2008, at approximately
7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian.
This item was continued from the City Council agenda of April 23, 2008.
The property is shown in the map attached and generally described in the ordinance
title above:
Following the public hearing, the City Council may transmit the ordinance to the
Department of Community Affairs for review and schedule a second reading and
adoption hearing. Interested parties may inspect the proposed ordinance and the
complete legal description of the property by metes and bounds in the Growth
Management Department at City Hall, Monday through Friday 8 a.m. to 4:30 p.m.
and may appear at the hearing and be heard with respect to the proposed
ordinance.
Any person who may wish to appeal any decision which may be made by the City
Council at this hearing will need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which the appeal will be
based. (286.0105 F.S.)
In compliance with the Americans With Disabilities Act (ADA), anyone who needs a
special accommodation for this meeting should contact the City's ADA Coordinator at
772-589-5330 at least 48 hours in advance of the meeting.
•
By:
City of Sebastian
5 L V(Z-U(At-)9i►v(
DANIEL& JENNIFER MAGRANE ROY PALM.CORPORATE CENTER
2 134"' St. ASSOCIATES LTD
WBASTIAN, FL 32958 101 PINEAPPLE GROVE WAY
DELRAY BEACH, FL 33444
JOHN A. BAGLIO, JR WILLIAM & MARY MURRELLE
114 NOBLE ST PO BOX 1206
BOX #144. . CLARKSVILLE, GA
MAURICETOWN, NJ 08329
SYED IRFAN ZAIDI DAMIEN H & BONNIE FEY GILLIAMS
8090 134T" ST 1623 N US 1
SEBASTIAN, FL 32958 UNIT A-5
SEBASTIAN, FL 32958
CAB HOLDINGS LLC HELEN V KURZ
948 BROOKDALE DR 5702 HULL ST
BOYNTON BEACH, FL 33435 STUART, FL 34997
LINDA JACKSON
HALA SHALHOUB
13185 76TH CT
1302 RIVER REACH DR
EBASTIAN, FL 32958
VERO BEACH, FL 32967
STEVE & BARBARA STANCHFIELD HOME DEPOT USA INC.
7450132 ND ST PROPERTY TAX DEPT #8545
SEBASTIAN, FL 32958 P. O. BOX 105842
ATLANTA, GA 30348
STEPHEN & SHERRY DEJOIA JAMES AND DARLENE BRUSSEL
7865 135TH ST. 7615 131 ST ST
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
RD & JUANITA BROWN
JOHN & MARY GEORGEVICH
PO BOX 27
PO BOX 129
ROSELAND, FL 32957
ROSELAND, FL 32957
TALIB & MAHMOODA HUSSAIN
ANA WALTER
7770 134 TH ST
P O BOX 55
SUITE 13
ROSELAND, FL 32957
SEBASTIAN, FL 32958
GARY & JUDITH MORGAN
7935 135TH ST NORMA RYAN
BOX 852 7625133 DSQ
ROSELAND, FL 32957 SEBASTIAN; FL 32958
FIREFOX PROPERTIES
&5 BAHIA MAR ROAD
RO BEACH, FL 32963
RUTH E MORRIS
7945.1351H ST
SEBASTIAN, FL 32958
ROBERT & MARY RAMSAY
800 ATLEY LANE
VIRGINIA BEACH, VA 23452
DONALD & VERONICA SLOAT
7971 135TH ST
SEBASTIAN, FL 32958
EDWARD HOWLAND
C/O SHADY REST MHP
13225 US HIGHWAY 1
wBASTIAN, FL 32958
HARRY & JAYNELLE BISHOP
7570 131ST ST
SEBASTIAN, FL 32958
GILBERT & PATRICIA WHITFORD
7910134TH ST
SEBASTIAN, FL 32958
ROBERT & MARY RAMSAY
800 ATLEY LANE
VIRGINIA BEACH, VA 23452
INDIAN RIVER COUNTY
1801 27TH ST
VERO BEACH, FL 32960
0
JOHN & ANNE GIDEON
4010 BALDWIN DR
BAREFOOT BAY, FL 32976
13230 SEBASTIAN LLC
13230 U.S. 1
SEBASTIAN, FL 32958
JAMES MUSTACCHIA
790 CONCHA DR
SEBASTIAN, FL 32958
CLAUDIA ANN WENGLER
7970134 TH ST
SEBASTIAN, FL 32958
FIDEL NELSON DIAZ
5015 NE 22ND AVE
POMPANO BEACH, FL 33064
CHRISTINE LAWYER
7575 131 ST ST
SEBASTIAN, FL 32958
PELICAN HOTELS, INC.
2860 MARINA MILE BLVD.
UNIT 119
FORT LAUDERDALE, FL 33312
MARION BAUR
PO BOX 1066
ROSELAND, FL 32957
ROBERT & MARTHA FLETCHER
19 KENNETH CT
FLORHAM PARK, NJ 07932
FREDERICK & PENELOPE WILES
7961 135TH ST
SEBASTIAN, FL 32958
HELEN LASTER
PO BOX 1052
ROSELAND, FL 32957
BISHOP GERALD M BARBARITO
LEE MARTIN DIOCESE OF PAM BEACH
NW186 76TH CT ATTN: REAL ESTATE DEPT.
BASTIAN, FL 32958 P O BOX 109650
PALM BEACH GARDENS, FL 33418
PATTY DOTSON
7633133 RD SQ
SEBASTIAN, FL 32958
•
•
I
MARY JANE ADAMS
AMLOT 121
225 U.S. 1
SEBASTIAN, FL 32958
DOROTHY BANAGAN
LOT 055
13225 U.S. 1
SEBASTIAN, FL 32958
CHARLES BELL
LOT 108
13225 U.S. 1
SEBASTIAN, FL 32958
JOAN BLEAKLEY
LOT 003
13225 U.S. 1
SEBASTIAN, FL 32958
CHARLES BORER
LOT 100
13225 U.S. 1
0EBASTIAN, FL 32958
JOEL BOUNDS
LOT 064
13225 U.S. 1
SEBASTIAN, FL 32958
RUTH BRANKS
LOT 059
13225 U.S. 1
SEBASTIAN, FL 32958
ARCHIE BRILL
LOT 005
13225 U.S. 1
SEBASTIAN, FL 32958
GEORGE & JOAN CARUSO, BETTY KOLOSKI
LOT 045
13225 U.S. 1
SEBASTIAN, FL 32958
*OBERT & SUSAN COX
LOT 027
13225 U.S. 1
SEBASTIAN, FL 32958
TF 06 oj TS
ANN AUFRECHT
LOT 049
13225 U.S. 1
SEBASTIAN, FL 32958
GLENN & LINDA BAUM
LOT 017
13225 U.S. 1
SEBASTIAN, FL 32958
THOMAS & CAROL BINKA
LOT 089
13225 U.S. 1
SEBASTIAN, FL 32958
WAYNE BLOOM
LOT 020
13225 U.S. 1
SEBASTIAN, FL 32958
MARJORIE BOUILLIE
LOT 116
13225 U.S..l
SEBASTIAN, FL 32958
MARGARET BOWSER
LOT A-62
13225 U.S. 1
SEBASTIAN, FL 32958
BONNIE BRIGGS
LOT A-08
13225 U.S. 1
SEBASTIAN, FL 32958
GEORGE & PHYLLIS BRODERICK
LOT 052
13225 U.S. 1
SEBASTIAN, FL 32958
ARTHUR & GEORGETTE CORRIVEAU
LOT 033
13225 U.S. 1
SEBASTIAN, FL 32958
KEN & BRAD DANISE
LOT 022
13225 U.S. 1
SEBASTIAN, FL 32958
HOLLIS 7 DOROTHY DICKERSON LORRAINE DONGES
#T 011 LOT 112
225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
THOMAS DONNA
GEORGE DUKE
LOT 07
LOT 037
13225 U.S. 1
13225 U.S. 1
SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
CLIFF & LUCILLE ESTES
ALEX & MARIAN GIERTYCH
LOT A-01
16934 WOODLAWN
13225 U.S. 1
SOUTH HOLLAND, IL 60473
SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
FRED & RUTH GREENAWALT GEORGE & DOLORES GRIMM
LOT 106 LOT 063
13225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
JOHN & GERMAINE HAINES ETHEL HAMILTON
LOT A-10 LOT 084
13225 U.S. 1 13225 U.S. 1
�BASTIAN, FL 32958 SEBASTIAN, FL 32958
WILLIAM HARTLE RUTH HASCUP
121 CARYL DR. LOT 104
PITTSBURGH, PA 15236 13225 U.S. 1
SEBASTIAN, FL 32958
JEANNETTE HEBERT JOHN HLADISH AND SUSAN BENNETT
LOT 051 LOT A-11
13225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
JAMES HOZIER JAMES & BETTY WILLIAMS
LOT A-09 LOT A-02
13225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
DOROTHY KOEHN
KENNETH LARRABEE
LOT 085
LOT 107
13225 U.S. 1
13225 U.S. 1
SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
OEONARD & VIVIAN LEBEL
DONALD LEWANDOWSKI
LOT 048
LOT 036
13225 U.S. 1
13225 U.S. 1
SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
JOHN LITTMAN DOROTHY MARDIAT
096 LOT A-04
25 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
G.J. & LOREILLE MARTIN
WILLIAM MARTIN
LOT 113
LOT 023
13225 U.S. 1
13225 U.S. 1
SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
DONALD & LOTTIE MATUREN
DOROTHY MCKINSEY
LOT 006
LOT 060
13225 U.S. 1
13225 U.S. 1
SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
ROBERT & EDNA MITCHELL
WALTER MEIKLE LOT A-05
LOT 068 13225 U.S. 1
13225 U.S. 1 SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
JANICE MORGAN WILLIAM & MARY MURRELLE
LOT 117 LOT 066
13225 U.S. 1 13225 U.S. 1
BASTIAN, FL 32958 SEBASTIAN, FL 32958
AL & THERESA NARUS GEORGE NOBLE
LOT 056 LOT 043
13225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
JEAN OPACINCH WILLIAM & THERESA ORR
LOT 083 LOT 057
13225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
PATRICIA KIPP EILEEN PFLAUM
LOT 041 LOT 010
13225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
ROBERT & BARBARA PORTER
CLAIRE RANAHAN
LOT 039
13225 U.S. 1
SEBASTIAN, FL 32958
LOT A-12
13225 U.S. 1
SEBASTIAN, FL 32958
OOIS ROBINSON
BETTY ROBSON
-LOT A=06
LOT 050
13225 U.S. 1
SEBASTIAN, FL 32958
13225 U.S. 1
SEBASTIAN,. FL 32958
FRANK ROCHELLE ROBERT & JACQULINE ROTH
0T 101 LOT A-03
25 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
GEORGE ROUDEBUSH EVELYN RUPP
LOT 042 LOT 038
13225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
DOMINICK SARDELLI DODY SHANKS
LOT A-07 LOT 044
13225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
MARGARET SPURLOCK RICHARD & SANDRA STROHL
LOT 004 LOT 058
13225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
DONNA N. THOMAS
LILLIAN TRINKWALD
LOT 07
LOT 093
13225 U.S. 1
13225 U.S. 1
�BASTIAN, FL 32958
SEBASTIAN, FL 32958
JIMMIE & EVELYN WAGGONER
SANDRA WILLIAMS
LOT 092
LOT 061
13225 U.S. 1
13225 U.S. 1
SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
JOHN WOJNAREK GARY WORTHEN
LOT 094 LOT 012
13225 U.S. 1 13225 U.S. 1
SEBASTIAN, FL 32958 SEBASTIAN, FL 32958
PAUL YAGER
LOT 019
13225 U.S. 1
SEBASTIAN, FL 32958
•
CLARE RANAHAN A. CORRIVEAU
T A-12 LOT 33
W5 U.S. 1 13225 U.S. 1
B2ASTIAN, FL 32958 SEBASTIAN, FL 32958
•
rI
fT
6F-r—i C-I;oe--S
E. RUPP
R. BRANKS
LOT 38
LOT 59
13225 U.S. 1
13225 U.S. 1
SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
M. SPURLOCK
B. BRIGGS
LOT 04
LOT A-08
13225 U.S. 1
13225 U.S. 1
SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
•
rI
fT
6F-r—i C-I;oe--S
•
•
r�
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Tracy D. Suber
Educational Consultant -Growth Management Liaison
Office of Educational Facilities
Florida Department of Education
325 West Gaines Street, Suite 1014
Tallahassee, FL 32399-0400
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
December 15, 2008
Land Use Amendment
Ordinance No. 0-08-02
r�
C7
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
"-,p
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008
Land Use Amendment
Ordinance No. 0-08-02
SIEBAST
HOME, OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Jim Quinn, Environmental Manager
Office of Intergovernmental Programs
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, Mail Station 47
Tallahassee, Florida 32399-3000
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
• amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
•
•
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
�... - W
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
• CFtY OF
SE
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Ms. Susan Harp, Historic Preservation Planner
Bureau of Historic Preservation
Florida Department of State
500 South Bronough Street
Tallahassee, FL 32399-0250
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
• To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
•
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
. If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
r]
L'
Sincerely,
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
•
•
07Y OF
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Gerry O'Reilly, Director of Production and Planning
Florida Department of Transportation, District Four
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
December 15, 2008
Land Use Amendment
Ordinance No. 0-08-02
•
•
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008
2
Land Use Amendment
Ordinance No. 0-08-02
]BAST
_"
.�
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Terry L. Hess, Planning Director -
Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, Florida 34994
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
. To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
• amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
•
•
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
fA-C-� C-:1-1
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
aTY OF
SE
,y
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Jeff Cole, Assistant Director
St. Johns River Water Management District
Office of Communications and Governmental Affairs
4049 Reid Street, Highway 100
Palatka, Florida 32177
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
• amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
• If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
is
Sincerely,
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Stan Boling, Planning Director
Community Development Department
Indian River County
180027 th Street
Vero Beach, FL 32960
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
• amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
•
:7
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
4(wz�'�
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
SECRY OF
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Jason Nunemaker
City of Fellsmere
21 S. Cypress Street
Fellsmere, FL 32948-6714
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
• To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
•
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
• If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
C7
C7
Sincerely,
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Timothy McGarry, Director
Planning and Development Department
City of Vero Beach
P. O. Box 1389
Vero Beach, FL 32961-1389
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
isTo Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
• amendment.
December 15, 2008 I Land Use Amendment
Ordinance No. 0-08-02
• If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
is
•
Sincerely,
Rebecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
•]BAST
SIE "
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 15, 2008
Mr. Phil Matson
Metropolitan Planning Organization
Indian River County
180027 1h Street
Vero Beach, FL 32960
Reference: Submission of Local Government Comprehensive Plan Amendment
Ordinance 0-08-02 Shady Rest Mobile Home Park
• To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Comprehensive Plan to amend the Future Land Use Map to designate an initial land use
classification of Riverfront Mixed Use (RMU) for annexed land with a prior Indian River County
land use land use designation of Mobile Home Rental Park, 8 units per acre (MHRP/M-1).
Enclosed with this transmittal you will find a detailed report for this project, together with all
requisite supporting data and the entire element being amended.
Included with this amendment, as a separate binder, is the adopted comprehensive plan amendment
Ordinance 0-05-05 Cross Creek Lake Addition, along with responses to the agency comments. It
has been discovered that the amendment was never transmitted back to the reviewing agencies
following adoption. This may have been caused by significant staff changes in the Growth
Management and City Manager Departments of the City of Sebastian at that time.
Also included with this amendment, and also as a separate binder, is Ordinance 0-08-10, an
amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory &
Analysis for the following elements: Future Land Use, Housing, Transportation, Public School
Facilities, Capital Improvements and Intergovernmental Coordination as well as the Land Use Map.
The three above -referenced ordinances are being transmitted and processed concurrently as a single
• amendment.
December 15, 2008 1 Land Use Amendment
Ordinance No. 0-08-02
• If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
r�
Sincerely,
FRbecca Grohall, AICP
Growth Management Director
December 15, 2008 2 Land Use Amendment
Ordinance No. 0-08-02
• CITY OF
HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
December 18, 2008
REFERENCE: Transmittal of "Land Use Amendment Only" to Comprehensive Plan
Ordinance No. 0-08-02 Shady Rest
FLORIDA ADMINISTRATIVE CODE RULE 9J-11.006
This letter and accompanying attachments are intended to satisfy the requirements of Section 9J-
11.006 of the Florida Administrative Code.
CHANGE OF LAND USE
During a regularly scheduled meeting on April 23, 2008, the City Council held a public hearing
• (transmittal) and approved the following Ordinance for transmittal to the Department of
Community Affairs:
Ordinance No: 0-08-02: Approving an amendment to 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 (M-1) for land
consisting of 17.14 acres, more or less, located at 13225 US
Highway 1, known as Shady Rest Mobile Home Park; authorizing
findings and administrative actions; providing for conflicts;
providing for severability; and providing for effective date.
QUESTIONS AND ANSWERS PER SECTION 9J-11.006(1), F.A.C.
Section 9J -11.006(1)(a)1. The Planning and Zoning Commission held a public hearing on
January 17, 2008 concerning the proposed land use amendment.
Section 9J -11.006(1)(a) 2. The City Council held a public hearing on April 23, 2008. The
week of December 15th, 2008, this department submitted copies to
the Treasure Coast Regional Planning Council, St. John's River
Water Management District, Department of Transportation,
Department of Community Affairs, Florida Department of State,
• Florida Department of Environmental Protection, Indian River
County, IRC Metropolitan Planning Organization, Florida
Land Use Amendment: Ordinance No. 0-08-02
December 18, 2008
Page 2
Department of Education, the City of Vero Beach and the City of
Fellsmere.
Section 9J -11.006(1)(a) 3. The City of Sebastian requests the Department of Community
Affairs review the proposed amendment.
Summary: The applicant, Mr. Edward Howland, is requesting a large scale land use map
amendment for a 17.14 +/- acre tract of land situated immediately north of the existing northern city
boundary on the western side of U.S. Highway 1. The site currently is a mobile home park with
117 rental lots for mobile homes and has a vacancy rate of nearly 30%. This mobile home park is
within the unincorporated portion of the County. The existing land use is MHRP/M-1 (IRC) at 8
units/acre. The applicant is requesting a change in land use to RMU (Riverfront mixed use) which
would support a variety of commercial and residential activities. As part of the annexation, the City
has executed an agreement that restricts the park for five (5) years as a mobile home park with up to
ten (10) years operational as a mobile home park. This grants the residents substantially more time
than the six month notice required by Florida Statutes. Additionally, the applicant has provided a
housing study that shows the availability of housing options.
At the time of annexation, a site plan for any future redevelopment has not been proposed although
the applicant requested the RMU designation. The Mobile Home park also attached a petition from
Isthe majority of owners indicating support for the annexation.
At the time of the City Council meeting, the City was in the process of formulating a stipulated
agreement that would resolve the City of Sebastian's legal dispute with the City of Fellsmere. The
stipulated agreement required that neither City process any further annexations till an Agricultural
use was added to each City's comprehensive plan and transmitted to the State for amendment. The
Ag category has been added to the City's comp plan and is being transmitted concurrently with this
amendment. For your convenience, all four documents are attached to this letter (tenant petition,
annexation agreement, housing study and stipulated agreement).
Section 9J -11.006(1)(a) 4. The city anticipates adopting this Ordinance in March 2009.
Section 9J -11.006(1)(a) 5. The proposed amendment is not applicable to an area of critical State
concern.
Section 9J -11.006(1)(a) 6. The proposed amendment is not within Orange, Lake or Seminole
Counties and the plan amendment does not apply to the Wekiva
River Protection Area.
Section 9J -11.006(1)(a) 7. The proposed amendment does not qualify as an exemption.
Section 9J -11.006(1)(a) 8. The City of Sebastian submitted the proposed land use map
amendment to the following agencies: 1) Treasure Coast Regional
Planning Council, 2) both Indian River County Planning
Land Use Amendment: Ordinance No. 0-08-02
December 18, 2008
• Page 3
Department and MPO, 3) St. John's River Water Management
District, 4) Department of Transportation, 5) Department of
Environmental Protection, 6) Department of State, 7) the Cities of
Vero Beach.and Fellsmere, 8) Department of Education
Section 9J -11.006(1)(a) 9. The proposal is being processed solely by the City of Sebastian.
Section 9J -11.006(1)(a)10. Rebecca Grohall, AICP
Director of Growth Management
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
telephone (772) 589-5518, fax (772) 388-8248
email rgrohall@cityofsebastian.org
Section 9J-11.006(1)(a)10(b). Attached you will find the following map:
1. City's adopted Future Land Use Map and a drawing indicating the surrounding
street and thoroughfare network.
Section 9J -11.006(1)(a) 10(b) 2. The aforementioned maps indicate the present land use
designation of the subject property and the abutting properties
Future Land Use designation.
Section 9J -11.006(1)(a) 10(b) 3. The subject property is approximately 17.14 acres, more or
less.
Section 9J -11.006(1)(a) 10(b) 4. The following provides for the availability of demand on the
following public facilities:
1. Sanitary Sewer. Currently, sanitary sewer is provided to the site through the
Indian River County Department of Utility Services (IRCDUS). IRCDUS is also
the service provider for the City's sanitary sewer so there is no net change to
demand. For any future redevelopment on that site, Staff will re-evaluate the
demand and ability to provide sanitary sewer. This is consistent with the City's
policies.
2. Solid Waste. Disposal of all solid waste will continue seamlessly through Waste
Management who is the franchise holder for both the City and the County.
Additionally, the County -City recycling program, as adopted by the City through
passage of Resolution No. R-92-05, on January 8, 1992, will remain the same.
• Residents will also be able to access either the County landfill or the convenience
Land Use Amendment: Ordinance No. 0-08-02
December 18, 2008
• Page 4
centers, usage established on May 10, 1989, through the solid waste agreement,
Resolution No. R-89-25. This is consistent with the City's adopted policies.
3. Potable Water. Currently, potable water is provided to the site through the Indian
River County Department of Utility Services (IRCDUS). IRCDUS is also the
service provider for the City's potable water so there is no change to demand at
this time. For any future redevelopment on that site, Staff will re-evaluate the
demand and ability to provide potable water. This is consistent with the City's
policies.
4. Traffic Circulation. The subject property is located adjacent to an arterial
roadway, US Highway 1, and is serviced with two points of ingress/egress on US
Highway 1. Additionally, the park is serviced by several internal circulation roads
transecting the development on a north/south axis, as well as east/west. The
internal drives are two lane in width and the pavement is in good physical
condition. The subdivision shares a private access point with the St Sebastian
church to its south. Additionally, several shopping centers are in close proximity
for pedestrians or bicyclists that offer a grocery store, bank, pharmacy and retail.
Staff has determined that the proposed future land use change from M-1 (8 units
per acre/IRC) to CG will not adversely impact the current level of service for US
Highway 1 since the use remains the same and all trips are vested. For any future
redevelopment, the City of Sebastian has sufficient land development regulations,
including concurrency management requirements, and site plan review procedures
in place to ensure the proposed development will not negatively impact the
roadway network and will provide sufficient roadway improvements so as to
assure acceptable levels of service are maintained on the City/County
thoroughfare network. This is consistent with the City's policies.
4. Recreation. The proposed will not adversely impact the existing recreational
facilities owned by the City of Sebastian. Residents of Shady Rest already utilize
City parks and the Senior Resource Center. An analysis shows of land uses shows
that the City is well equipped with parks per capita. This is consistent with the
City's policies.
5. Drainage. This facility is currently permitted through St. John's River Water
Management District and is in compliance with its stormwater permit
requirements. This is consistent with the City's policies. Any future
redevelopment will require a new St. John's permit for any commensurate
changes in development.
6. Schools. This annexation is for an existing development, since school aged
• children are currently serviced, there is no net change in demand.
Land Use Amendment: Ordinance No. 0-08-02
December 18, 2008
• Page 5
Section 9J -11.006(1)(a) 10(c). Three (3) copies of staff, Local Planning Agency, and local
governing body recommendations are being provided for your review.
Section 9J -11.006(1)(a) 10(c) 2. N/A
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
Growth Management Director
cc: Treasure Coast Regional Planning Council
Indian River County Planning Department
St. John's River Water Management District
Florida Department of Transportation
Florida Department of Environmental Protection
Florida Department of State.
Department of Education
City of Vero Beach
City of Fellsmere
IRC Metropolitan Planning Organization
0
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
AIso 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 T y yours,
Warren W. Dill
WWD/ic
Enc.
cc: Mr. Edward R Howland
Mr. Jim Williams
Tel: (772) 589-1212 • Fax: (772) 589-5212
•
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.
c
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 C1T1PT atP no home park for another five5
( )Years.
-
Lot #
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Lot #
Lot #
Lot #
Lot #
Lot #
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•
•
•
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 #
PE'T'ITION 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) yew.
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PETITION IN SUPPORT
OF
SHADY REST MOBILE .NOME 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.
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Lot #
Lot #
411-0
Lot #
Lot #
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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 mole home park for another five (5) years.
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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 #
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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 (5) years.
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Lot #
Lot #
Lot #
Lot #
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•
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 (5) years.
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Lot #
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•
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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 #
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•
•
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 Paris"), 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 #
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•
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 C'
. ty 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 #
Lot #
Lot #
Lot #
Lot #
Lot #
PETI'T'ION 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 #
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Lot #
Lot #
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•
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 #
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Lot #
Lot #
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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 confuming that the Park will continue
to operate as a mobile home park for another five (5) years.
Lot #
Lot #
Lot #
Lot #
Lot # -
Lot #
Lot #
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•
•
•
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 #
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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 #
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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 (5) years.
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Lot #
Lot #
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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.
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•
•
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.
r
Lot #
j
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 (5) years.
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Lot #
Lot #
Lot #
Lot #
Lot #
Lot #
Lot #
•
•
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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 #
l�
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 #
f'
Lot #
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Lot #
Lot #
Lot #
Lot #
Lot #
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•
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 #
63
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.
l
Lot #
Lot # /T
Lot #
Lot #
Lot #
Lot #
Lot #
u
•
•
C7
PE'T'ITION 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 #
t7 -�
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 #
Lot #
•
C
0
Lot #
Lot #
Lot #
Lot #
Lot #
Lot #
Lot #
•
C
0
PETITION IN SUPPORT
OF
SHAKY 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 #
rt, _meq
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 #
•
•
•
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 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 #
F�
C�
i 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 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.
Z6-�zr.��-.�- 33
Lot #
A10, Lot #
Lot #
Lot #
Lot #
Lot #
Lot #
105-
PETITION IN SUPPORT
OF
SHADY REST MOBILE NOME 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
0 operate as j obile home park for another five (5) years.
Lot #
Lot #
Lot.#
Lot #
Lot #
Lot #
Lot #
!aG
•
C,
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.
C,
r
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 (5) years.
Lot #
Lot #
Lot #
�,,7
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.
j�
Lot #
Lot #
-A�
Lot #
Lot #
Lot #
Lot #
Lot #
•
11
•
•
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 f1v Z� 6T Lot #
Lot #
Lot #
Lot #
Lot #
Lot #
Lot #
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 resultin 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
•
•
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 anew zoning district for
the Property does not result in a change of use of the Property.
Page 2 of 5
•
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
• 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 thin 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:
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
parties.
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 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.
"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 , 2008,
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: •
A SURVEY OF ALTERNATIVE HOUSING
FOR
SHADY REST MOBILE HOME PARD
LOCATED AT
13225 U.S. HIGHWAY #1
SEBASTIAN, FL 32958
APPRAISAL # 40093
0
•
ARMEIEL®-WAGNER APPRAISAL & RESEARCH, INC.
1940 10TH AVENUE, P.O. BOX 791
PETER D. ARMFIELD, MAI ST. CERT. GEN. REA #0000524 VERO BEACH, FLORIDA 32960
RICHARD L. WAGNER, MAI ST. CERT. GEN. REA #0000608 TELEPHONE (772) 562-0532
DANIEL D. FULLER, MAI ST. CERT. GEN. REA #0000567 FAX (772) 778-1121
February 26, 2008 .
City of Sebastian
1225 Main Street
Sebastian, FI 32958
Gentlemen:
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
study to 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. 0
TABLE OF CONTENTS
INTRODUCTORY INFORMATION 1
OWNER OF PROPERTY AND SALES HISTORY 2
LEGAL DESCRIPTION 2
LOCATION MAP 3
PROPERTY PHOTOGRAPHS 4
NEIGHBORHOOD 6
UTILITIES 7
TAX INFORMATION 8
• FLOOD ZONE ............. 8
CENSUS TRACT 9
SITE DESCRIPTION 9
AERIALMAP .............................................................. 10
PARK IMPROVEMENTS11
SHADY REST MOBILE HOME PARK LAYOUT .................................. 12
SURVEY OF ALTERNATIVE RESIDENTIAL LOCATIONS ........................ 13
LOCATION #1-#16 ...................................................... 14-29
SUMMARY COMPILATION OF PROPERTIES SURVEYED ....................... 30
PROPERTY LOCATION MAP ................................................ 31
CONCLUSION............................................................. 32
• LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS ........ I ............. 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
Survey data 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.
•
•
2
•
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, 18 and 19, of WAURECAN SUBDIVISiCN, lying vicst of rhe Vilest r'W
way Nine of U.S. Highway 1, according to the past of Wauregan rikJ in thea of( iit of flet; tharj
Circuit [curt of Hmvafd County, Honda, In Plat rook 1, Page 75; and refiled in p1t5f r1Mk 1,
178 and 279, public Records of St. Lucie County, Florlda; Bald land lying and being In lndN
County, Florida. Less and exrrpr road rights of way.
PARCEL 2_
711ist part of Lot 20, of WAUREGAN SUDD1VIS10N lying Easterly or wamegan Avenge and V
of u_s, kaghway 1 as fell(mvc;
Begin at the point of beginrinq formed by the intutsection of the Easterly right of way line
Vlatiregan avenue in ttta+rregan St►hdivision, Sectinn 30 of qtr ming Crant, w a ronuete 111L
marking the boundary between i0ts 20 and 21; thence run Northwesterly along ltw► l Atte+rl
of way of Wavregaa Avenue a distance of 315,19 feet to the Nortberlp Nile of s.11d Lot 20; 1
run Northeasterly on the boundary line between Lots 19 and 2D a instance of 200 feet to a
concrete monument; thence Southeasterly a distance of 315.19 feat to a concrete itiontinu
ti►e 5ovih+erly lut Fina of Lot 20, wbir.h hi 700 feel Edsturly Ur thu P01rit of lcgin►ting; tliencc
South .5terly on fthlt bntndary line t*tw"n Ln,S 70 and 21 ,rl dtctnnce or 200 tact to tine f
beginning.
Ail In Wauregan, Fleming Grant, according to tite acrionlinq in the pidt filen 141 thA 01twe nt
of the circuit court of Brevard County, Florida, to Wat nook 1, Page 75: antl refiled in Plat E
Page 170 and 179, public Reccrds of St Lucia County, Florida; said land lVing ,Irttf J)citlg io
Nrot3r County, Floritta,
0 Lass and Pxcept read rtphtt er wmy.
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.
Other fast 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
•
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 to the 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.
� 0
9
CENSUS TRACT
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 1351h 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. 0
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.
ll •
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 -11. 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.
U
13 •
SURVEY OF ALTERNATIVE RESIDENTIAL LOCATIONS
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.
U
L
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.
•
•
� 0
33
LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS
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 i
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. •
•
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 mayor
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.
0
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) Myengagement in this assignmentwas not contingent upon developing or reporting
predetermined results. 0
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.
k) Peter D. Armfield, #0000524 is currently State of Florida Certified General Real •
Estate Appraisers.
• 36
CERTIFICATE OF APPRAISAL (continued)
1) As of the date of this report, I, Peter D. Armfie►d, 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
C�
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
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.
•
0
WN.
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
Lomas & Nettleton
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
Appraisals
Residences
Commercial
Offices
Shopping Centers
Service Stations
Light Industrial
Condominiums
Equitable Relocation
American Hospital Mgmt.Corp.
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
Mobile Home Parks Industrial Citrus Packing Houses
Utility Easements Wetlands Apartments
Health & Rec. Clubs (Including Low Income
Casualty Loss Estimates Housing Involving
Partial Interests Section 8; Tax Credit)
Articles
"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.
IN THE CIRCUIT COURT OF THE •
NINETEENTH JUDICIAL CIRCUIT IN AND
FOR INDIAN RIVER COUNTY, FLORIDA
CASE NO. 2007-0885CA19
CITY OF SEBASTIAN, a Florida
municipal corporation,
PIaintiff,
vs.
CITY OF FELLSMERE, a Florida
municipal corporation,
Defendant.
STIPULATED FINAL JUDGMENT
COMES NOW the Plaintiff CITY OF SEBASTIAN (hereinafter called "Sebastian")
and Defendant CITY OF FELLSMERE, (hereinafter called "Fellsmere") by and through their
undersigned counsel, and hereby stipulate to entry of Final Judgment in this cause in accordance
with the following terms and conditions: •
1. The Parties have determined that, without admitting the validity of any of the
allegations or defenses asserted in this cause, it is in the best interests of both parties to amicably
resolve this lawsuit as set forth herein.
2. Fellsmere agrees to add an agricultural land use classification to its
Comprehensive Plan and create an agricultural zoning classification comparable to the
existing agricultural classification for unincorporated Indian River County.
3. Sebastian aurees to add an narimiltimil InnA ,— -1--4-4-44—
Comprehensive
t.,,-4—4:.-._.
Comprehensive Plan and create an agricultural zoning classification comparable to the
existing agricultural classification for unincorporated Indian River County.
4. Each party agrees to separately transmit to the Department of Community Affairs a
Comprehensive Plan Amendment in furtherance of paragraphs 2 and 3 above within twelve (12)
months from the date of entry of the Stipulated Final Judgment herein, and diligently pursue the
Amendment and creation of an agricultural zoning classification through to adoption. Prior to
transmittal of said Amendment, neither party shall transmit a Land Use Map Amendment
assigning an initial land use classification for lands having an interim land use category pursuant 10
. to Fla. Stat 171.062(2). However, a Land Use Map Amendment for lands having an interim
Iand use classification pursuant to Fla. Stat. 171.062(2) may be transmitted simultaneously
with the Amendment required in paragraphs 2 and 3 above.
5. Subject to the terms of paragraph 7 below, Fellsmere agrees to limit the
allowable gross density to two (2) units per acre calculated over the gross acreage as provided for
in the Annexation Agreements for the following properties annexed into the City of Fellsmere:
RO-ED, CORP. and RONALD M. ANSIN
FELLSNMRE EAST, LLC
BERNARD A_ EGAN GROVES, INC.
FELLSMERE JOINT VENTURE, LLP
6. Subject to the terms of paragraph 7 below, Fellsmere agrees to limit the
allowable gross density to three (3) units per acre calculated over the gross acreage as provided in
the Annexation Agreement for the annexed Ro-Ed, Corp.'s 300 acres.
7. Notwithstanding, the density restrictions set forth in paragraphs 5 and 6 above,
Fellsmere shall be entitled to participate in an Indian River County Transfer of Development
Rights (TDR) program to increase the residential density of the properties that are the subject of
this Stipulated Final Judgment.
8. In the event Ro-Ed Corp buys its way out of the requirement set forth in the Annexation
Agreements to dedicate to Fellsmere by statutory Warranty Deed ten percent (10%) of the gross
acreage at either the 300 acre site or 2,592 acre site both East 1-95, Fellsmere agrees to spend
thirty-five percent (35%) of the money received for recreational purposes East of 1-95 to address
the impacts of population growth in those parcels within a reasonable time.
9. The parties agree to advocate for and support the inclusion in the Interlocal Service
Boundary Agreement being drafted in accordance with Chapter 171, Part It, Florida Statutes as
initiated by Fellsmere Resolution No. 07-H, of a height limitation within the Annexed Lands
described in paragraphs 5 and 6 for residential structures of a maximum of 35 feet, plus 15 feet
for architectural embellishments as well as a height Iimitation for non-residential structures of a
maximum of 65 feet, plus 15 feet for architectural embellishments, and inclusion of the density
limitations set forth in said Paragraphs 5 and 6.
10. Each party shall be responsible for payment of its own court costs and attorneys fees.
• 11. Without limitation to any other right provided by law, Sebastian hereby retains its legal
rights to raise challenges pursuant to Chapter I63, Florida Statutes such as administrative or
consistency challenges tas to future land use or zoning changes involving these annexed lands.
AGREED to this i a '1 day of March, 2008.
rren Dill, EstluiLe
Attorney for Defendant
1565 US Highway 1
Sebastian, Florida 32958
Phone: (772) 589-1212
FL Bar #146522
JoP R. Herin, Jr., Esqu-i e'
Cokcoullsel for Defendant
150 Wst Flagler Street, Suite 2200
Miami, Florida 33130
Phone: (305) 789-3427
FL Bar #907928
f--
r
�C414t
r
Rich Stringer, City Attorn
Attorney for Plaintiff
1225 Main Street
Sebastian, Florida 32958
Phone: (772) 388-8201
FL Bar #731277
Richard M. Carrell, Jr., Esquire
Counsel for Intervenor
Fort Pierce, Florida 34946
Phone: (772) 489-7275
FL Bar #615773
FINAL JUDGMENT
THIS CAUSE came before the Court upon the Stipulation of the parties set forth above,
and upon due consideration thereof, it is hereby ADJUDGED
1. That the stipulated terms and conditions set forth above are hereby
adopted as the Judgment of the Court.
2. That jurisdiction is retained for enforcement of the provis' lhPa£_._____ -_
ORDERED in Vero Beach, Florida this day of March, 2008. SIGNED AND DATED
APR 1 12008
JUDGE ROBERTA. HAWLEY
Robert A. Hawley, Circuit Judge
Copies provided attorneys for the parties this day jof, 2008.
s }
•
171
V / " I -,- i
Judicial A sistant/Clerk --, 0
• CITY OF
HOME OF PELICAN ISLAND
CERTIFICATION
I, Jeanette Williams, do hereby certify the attached copy is a true and correct
copy of Ordinance No. 0-08-02 passed on first reading by Sebastian City Council
at their June 11th, 2008 Regular City Council meeting.
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.
• 1 hereby affix the seal of the City of Sebastian, this 12th day of December, 2008.
PJnette Williams, CMC
City Clerk
City of Sebastian
0
•
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.
0
•
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 that any part of this Ordinance is invalid, 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
provision. It shall further be assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid provision, causing said remainder to remain in full 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
•
•
0
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 11 thday of
.lune , 2008, by Councilmember Neglia
Councilmember Simchick
The motion was seconded by
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
aye
aye
aye
nay
ATTEST:
r
Sally A. Maid, MMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember The
motion was seconded by Councilmember and, upon being put to a vote,
the vote was as follows:
Mayor 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:
Sally A. Maio, MMC
City Clerk
r�
: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 1 AS FOLLOWS:
BEGIN AT THE POINT OF BEGINNING FORMED BY THE IN7ERSEC77ON 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
SOU7HEASTERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON
THE SOUTHERLY LOT LINE OF LOT 20, WHICH 1S 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"
•
•
0
arr OF
SEISASTKN
HOME OF PELICAN ISLAND
city of bedastian, r ioriaa
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.
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 AMOUNT BUDGETED: I APPROPRIATION REQUIRED:
None None None
080100104•/
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."
•
0
arc or
BF -1A
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
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6. Project Engineer: N/A
7. Project Surveyor: David Taylor
Masteller, Moler, Reed & Taylor, Inc.
1655 27"' Street, Suite 2
Vero Beach, Florida 32960
(772) 564-8050 fax: (772) 794-0647
8. Project Attorney: same as agent (above)
9. Project Description
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)
Proposed (City):
C. Zoning:
Existing (County)
Proposed (City):
MHRP/M-1 (Mobile Home Rental Park, 8 units per
acre)
RMU (Riverfront Mixed Use)
RMH-8 (Residential Mobile Homes, 8 units per acre)
CR (Commercial Riverfront)
2.
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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/1
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:
(6)
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
• 10. Annexation:
prevent urban
consideration is
areas.
•
The City of Sebastian Comprehensive Plan acknowledges the need to
sprawl and disjointed urban service delivery systems. Particular
to be given potential development of unincorporated urbanizing fringe
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
Acrea a
Total Taxed.
Value=(2007)
Total
Taxes
(2007)
Amount oftaxa
to Cityat `.
2;991 ;
Shadv Rest 2parcels)
17.2
$2,591,610
$28,328
$7,753
Walmart
23
$11 08,760
$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
$645,4601
$11,3611
1 931
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."
Policv 1-1.2.1 General Considerations for Locatina 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
street separates property to the west.
6
• 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.
• 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.
C,
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
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•
VA
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.
D BY
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DA E
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Permit Application No.
5ER_A.s.T_tAN City of Sebastian
HOME Of PELICAN ISLAND Development Order Annlication
Applicant 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'017 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 #:
.21-10-38-00001-0000-00017.0 and 20.0
Zoning Classification: Future Land Use:
Tndian River County RMH-8 Indian River Count 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):
Annexation of the p r_nperts into t be Cityand rnmmprnial gpnPral
d-v-lopment Lndet- the PLUM classification of CG With CG zonincr,
DATE RECEIVED: 1lI-S/ 07
FEE PAID: $ 2f-)00' UO
prt,D
� 73(otl�
RECEIVED BY: - ��--
•
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Permit Application No.
D. Project Personnel:
Agent:
YU
Name: Warren W. Dill
Address
'ry
Phone Number: (772) 58'9-1212
FAX Number: ('772) 589- 521 2
E -Mail:
s delawl@bellsouth.net
Attorney:
Name:
same as agent
Address
Phone Number: ( ) -
FAX Number:
E -Mail:
Engineer:
Name:
JA
Address
Phone Number: ( ) -
FAX Number:
E -Mail:
Surveyor:
Name:
Masteller, Moler, Reed & Taylor,
n
Address
Phone Number: (772)564-80'50
FAX -Number. '(772)794--0647
E -Mail: N/A
I, Warren W. Dill , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SIGNATURE DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY
O IS PERSO OWN TO M R PRODUC D
AS IDENTIFICATION, THI DAY OF
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION No./EXPIRATION I f I lipli
SEAL:
pEGGY J. SALTER
YU
Comm# D00891642
ExplreS 11111/2008
'ry
Florida NotaryAssn., Inc
W)JIM"
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 MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOY E, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
SIGNATURE DATE
Sworn to and subscribed before me by
w Is persona wn to r od ce
as Identification, this,22dLday of Ulu 20�.
Notary's Signature
Printed Name of Notary
• :OC14 L13-j?—
Commission No./Expiration l // i L2>
Seal:
.. .............................................0
PEGGY J. SALTER
Comm# DD0691642
Expires 111/11@008,
Florida Notary Assn., Inc
i■.....:i■..................................■.i
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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 loqical
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.
Exhibit "A"
Description
PARCELI:
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 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 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, accng 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, 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.
r�
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 (RI
VERFRONT 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
cc
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71
<'1
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 (RI
VERFRONT 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
cc
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 whatthey 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 7g 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.
• No one spoke in favor. The following spoke in opposition.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 17, 2008
• 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 ihterim 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 42. 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 chainnan. Being no other nominations, Mr. Paul
is the Chairman.
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.
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 tum. 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)
•
0
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
(backup provided 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.
8
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
•Regular City Council Meeting
April 23, 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'' -
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 1 Vh,
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 cant' 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 14", 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.
xa6 ��7
Andrea Coy, Mayor r
ATTES .
• Sally A. Maio, C — City Clerk
•
•
C7
an or
SEBASrI►N
HOME OF PWCM 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&.0. Z
known as Shady Rest Mobile Home Park
Department Origin: Growth Mana eme
Purchasing/Contracting:
Finance Director:
A rov for Submittal by: City Manager City Attorney:
• City Clerk:
A,Win, er Date Submitted: June 4, 2008
For Agenda of: June 11, 2008
Exhibits: Packet from 4/23/08 City Council meetim! (under separate cover)
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED:
None I None I None
SUMMARY
If annexation of the subject property is approved, the 17.14 -acre parcel must be given a City land use and
zoning designation. The applicant has requested Riverfront Mixed Use (RMIJ) 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."
II3
Regular City Council Meeting
*age
ne 11, 2008
Four
08.001 B. Parks & Recreation Advisory Committee
51-56
Interview, Unless Waived, Submit Nominations for One Position (Clerk
Transmittal, Application, Ad, List)
Ms. Brown addressed Council.
MOTION by Mr. Paternoster and SECOND by Ms. Simchick to appoint Jennifer
Brown to the Parks and Recreation Committee passed with a voice vote of 5-0.
10, PUBLIC HEARINGS
Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council
members present.
Items A, B and C below were continued from the April 23, 2008 Regular Meeting to the June 11,
2008 Regular Meeting. Advertisement for the land use change hearing (item B) ran on 4/7/08. _
• Item A is legislative first reading only.
• Item B is a legislative first reading and public hearing for transmittal to DCA.
• Item C is a first reading of a quasi-judicial matter.
08.052 A. First Reading Ordinance No. 0-08-01 - Voluntary Annexation of Shady Rest Mobile
57-111 Home Park, 13225 US Highway 1 —17.15 Acres (Backup Previously Provided Under
rs Separate Cover — New Information: Transmittal 4/23 Minutes Excerpt Petition
Agreement)
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.
Ex -parte communication was disclosed. The Clerk pointed out this was a first reading of
an annexation ordinance and disclosure of ex -parte communication was not necessary.
The City Attorney read the title and explained it doesn't take effect until the land use is
reviewed and finally approved by the Department of Community Affairs (DCA) and noted
there is an updated annexation agreement between the park owner and the residents in
the packet. He advised this is a legislative act, that there is no requirement to annex and
should Council choose not to annex there would be no further action on the remaining
ordinances.
Mr. Warren Dill, 1565 US 1, Sebastian, representing the applicants, stated this has no
significant impact on the City and over time will generate business and sales tax and the
residents will have certainty.in their lives. He said the residents have been individually
polled and only three of the responses were in opposition.
0
Qegular City Council Meeting
ne 11, 2008
Page Five
Mr. Paternoster asked if this Council could bind a future Council and the City Attorney,
responded a future Council and land owner could change the agreement. It was noted
that both parties would have to agree to change the agreement.
Mayor Coy noted that we will have a permanent record of this proceeding at which we
made a commitment that could be brought to a future Council.
Ms. Simchick asked about the agreement effective date noted on circle page 63 and
said it should read June and the Mayor Coy said it would actually be the date of the
adoption hearing. Ms. Simchick asked for more information on the plan for the empty
lots and that if Shady Rest were annexed, would they be eligible for the fagade grant.
The Growth Management Director said they would not be eligible since they are not
within the Community Redevelopment District boundaries. Mr. Dill said a number of
improvements would be made to the park including the signage and landscaping.
Mr. Paternoster asked when the property was taken off the market because he had recently
seen it listed on Realtor.com.
Mr. Dill said it was taken off two to three years ago. He then clarified that under the
agreement, the park would remain open for five years but from five years to ten years it is up
to his client's discretion.
The City Attorney said in the case of Chapter 11 bankruptcy the Ci would request the
p Y City q
receiver to allow the contract to remain but it is ultimately up to the bankruptcy judge.
Damien Gilliams, 1623 US 1, suggested the City should pay for the residents' attorney and
stated he received a letter and wanted to go on record that he is against the annexation.
He stated previous Council minutes show Mr. Neglia was against annexation.
Mayor Coy gave him his first warning to keep politics out and he proceeded to state
Council minutes show Ms. Coy was against annexation and Mr. Paternoster ran on a
platform that he was against annexation and commended him. Mayor Coy noted she was
not on Council at that time.
Clifford Estes, Shady Rest resident, said he is 100% in favor of annexation, and that the
owners have got to make money and will do their best for the residents.
Mr. Kilderby, 13225 US Highway 1, stated he didn't think Mr. Howland would change what
he says he would do because he is a gentleman; said that he likes what has been
promised, and is for the annexation as are his two sisters who live in Shady Rest.
Robin Meyers, 739 S. Easy Street, Social Justice Committee of St. Sebastian Church,
applauded the questions Council is asking, and said the committee is in favor of the
annexation. -
0
Wegular City Council Meeting
ne 11, 2008
age Six
Claire Ranahan, 13225 US Highway 1, said it is a great conciliation to have five solid
years, expressed heartfelt gratitude for Council's time in meeting with the residents, and
said the owner is a businessman and has been very fair to the residents. She asked
Council to consider the possibility of losing their homes when they reach her age.
Betty Robson said she is for the annexation.
James Williams, Shady Rest Park Manager, who has worked for Mr. Howland for ten
years, applauded the residents for their cooperation in considering options, said he owned
a home in the park, and that he supported the annexation.
Jane Adams, Shady Rest, said she called Attorney Mike Stuckey, State Department of
Legal Services, who said, if the owner is sincere, the City Attorney could include in the
annexation ordinance a promise that the owner would not to seek a change of land use for
a period of five years.
Ms. Simchick expressed disappointment at negative comments from the audience when
Jane Adams approached the podium to speak, stating Mrs. Adams had a right to speak
and was well versed in the laws regarding this issue.
• Mayor Coy called recess at 8:42 p.m. and reconvened the meeting at 8:55 p.m. All
members were present.
C7
Council Deliberation
Mr. Wolff said when he first looked at this he was not happy because he thought the land
owner was attempting to skirt the regulations of another agency by applying for
annexation, said the owner should have contested the County regulation to the State
courts. He said these elderly folks are unrepresented against a property owner of means,
stated he did not think the RV plan will succeed in light of fuel price increases, these
people will walk away with nothing and should have been offered a buyout. He said
though he thinks the owner's intentions are honorable, if he passes away his intentions
may not be carried out, said the developmental rights are the golden ring and it will be a
windfall profit if the property is sold. He said he could not put his name to this agreement
whereby in five years these people would be put into the streets.
Ms. Simchick said this decision has weighed. heavily on all of them, that Ms. Adams asked
all the right questions, residents did hire an attorney and residents expressed a need for
five years of peace. She questioned whether Council should accept what the residents
are comfortable with. She asked the City Attorney since the Shady Rest residents signed
a petition to convince Council to approve the agreement, if the playing field changed,
would the residents have a civil lawsuit.
Regular City Council Meeting
une 11, 2008
age Seven
The City Attorney said there isn't a clear answer on that, but if a future Council wanted, he
would attack it in that vein as the residents are the third -party beneficiary, but whatever the
case the petition would be admissible evidence.
Ms. Simchick said she agreed with Mr. Wolff's comments, but the residents are begging
Council to approve and she wanted to be sure their eyes were wide open and they had
received good advice.
Mayor Coy asked Mrs. Ranahan to come forward and tell Council what transpired between
the residents and their attorney. Mrs. Ranahan said the residents did meet with Attorney
Mary Parsons, who represents the homeowners' association, to go over the contract and
Ms. Parsons said it was excellent protection for the residents.
In response to Mr. Neglia and Mr. Paternoster, Mrs. Ranahan said Ms. Parsons had been
the homeowners' association attorney for seven years and was still practicing.
The City Attorney said he had discussions with Ms. Parsons and gave his opinion on behalf
of the City on a couple of questions.
Mayor Coy said Mary Parsons advised that the new wording was a benefit to the residents
and they came to their own independent decision, and as to Mr. Gilliam's quotes from 2004
• she was not on Council. She said she had spoken to County Commissioners Wheeler,
Davis, and O'Bryan by phone, and Mr. Davis and Mr. O'Bryan said it was not Indian River
County's intent to prevent Shady Rest from closing but to delay the time for the residents.
She said the County's ordinance doesn't prevent the owner from closing the park within 60
days under Florida Statutes but the City agreement will protect them for five years. She said
her vote is for what the residents want and she will fight for them if anything goes wrong.
Mr. Neglia pointed out that Council in genuinely concerned for what happens to the
residents, that Shady Rest is affordable housing being taken away, agrees that less
and less RVs are coming down to Florida,. hoped the decision was right and everything goes
well for the residents and that they are taken care of. He agreed people should not be hard
on Mrs. Adams.
Mr: Paternoster said this is the first he had heard about their attorney, and asked the City
Attorney why Ms. Parsons' comments were not in the packet. The City Attorney responded
he did not have anything in writing from her and saw her handwritten notes from the
homeowners' association president she had with her in their meeting. Mr. Paternoster said
maybe the 50% rule was originally put in the agreement for leverage, said he could not say
the owner was honorable because he didn't know, said the park was in disarray and now
they are getting a few things done. He said it was his worry that the residents won't get five
years, that attorneys can take the law and manipulate it, Council can promise the world and
in five years he would guarantee that this City staff will say 'we want the property' because
they want it now. He said this is a way of getting around the County regulations and he
would not support it.
Regular City Council Meeting
*jne 11, 2008
ge Eight
Mayor Coy asked the City Manager and City Attorney if anyone on City staff implied or
stated that they did not want to honor the agreement for five years and want the property for
commercial use now. They both answered no.
Mr. Paternoster asked the City Manager what he had told him about that property. The City
Manager asked to keep this in context because the City did not seek a petition, nor go out
and ask. Mr. Paternoster interrupted him and the City Manager asked to finish. They began
to talk over each other and the Mayor gaveled both sides of the dais and said we are not
going to argue. The City Manager asked to finish his answer and Mr. Paternoster said he
needed his answer and asked again what he told him about the property. The City Manager
started to respond and Mr. Paternoster asked him to be frank. The Mayor gaveled again
and asked Mr. Paternoster to give courtesy and he said he was speaking and she had no
right to shut him up so not to try.it. He continued telling the City Manager that if he didn't
want to answer he didn't have to.
The City Manager said he would answer the question the way it should be answered and
Mr. Paternoster told him to try honesty.
Mayor Coy called recess at 9:40 p.m. and asked for everyone to come back with cool
heads and reconvened the meeting at 9:51 p.m. All members were present.
Mayor Coy asked Mr. Paternoster to restate his question. He asked the City Manager
what he said to him in regard to Shady Rest Mobile Home Park in the City Manager's
office and on the telephone.
The City Manager asked to be provided the liberty to answer so that a piece of his
conversation would not be manipulated to support one position or another. He said in his
opinion, the question was lined to put the footstep of this staffs head, and their
recommendation was that the property should be annexed, that has not waivered, and the
conversation was that it should be annexed and changed to commercial because in the long
term benefit of the City it will be better for the community. He said the portion of the
question that was unfair, was that staff in no way went out and solicited annexation, rather it
was put on staffs doorstep and staff put it on Council.
Mr. Paternoster asked about proximity to water. The City Manager stated it is in a bad
location for a mobile home park because of natural disasters, that staff did not solicit it but
provided their planning opinion that the best use is commercial. The City Manager stated
this is a tough call and he did not envy Council.
Mr. Paternoster said he had asked him how he would feel if it was his parents, said he was
not answering his question and said the City Manager had told him "we need to do
something because these people are going to be without a home". The City Manager said
there were disparaging remarks in fun connotation but this is a serious subject and Mr.
Paternoster continued that the City Manager said "If it were my parents, I'd tell them to get
the hell out of there." The City Manager stated he wouldn't answer his line of questioning
• anymore because it was unprofessional.
AgOLRegular City Council Meeting
Wane 11, 2008
ge Nine
Mr. Neglia called for a point of order and the Mayor asked him to state his point of order
and Mr. Neglia said it was the arguing and bickering.
MOTION by Mr. Neglia to approve and SECOND by Mayor Coy to approve the first reading
of Ordinance No. 0-08-01.
Mr. Paternoster told Mr. Neglia he was surprised at him interrupting his questioning of Mr.
Minner and said he is not satisfied with the City Manager's answers to his questions, and it
appears he doesn't want to answer.
The City Manager told Mr. Paternoster that he would not allow him to impugn his integrity,
that Mr. Paternoster knew what the conversation was, he could not judge what was in his
heart, and the property should be commercial.
Ms. Simchick said during the recess things were flying and concerns were expressed about
buyouts and the residents have expressed uncertainty again. She said the residents were
concerned their attorney was not here and she was concerned about annexing tonight and
said as good stewards Council has to make this decision for them and it would not be right
to make that decision tonight.
Mayor Coy stated this is only the first reading and doesn't mean it will pass at the second
• reading/public hearing, the attorney could be here for the second reading, if we deny it, it is
dead and delaying it again would be a disservice.
Mrs. Ranahan said she would appreciate the time and would like to get input from the other
residents.
Mayor Coy again said this is a first reading, if it is denied tonight it is dead, but if it passes on
first reading, it will come back a second time before it becomes gospel and if the residents
change their minds, she will also change her mind.
The City Attorney clarified that it wouldn't come back until the City received comments from
DCA on the land use which would be four to six months.
Mr. Wolff asked if the homeowners' attorney works out of Mr. Dill's office and Mrs. Ranahan
said she did not think so. Mayor Coy said the attorney works out of Attorney Rene Van de
Voorde's office.
The City Attorney outlined the three options: vote to pass on first reading and hold public
hearing upon return from DCA, vote to deny, or continue the first reading to a future time.
Mr. Wolff pointed out there could be a different Council in six months.
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The City Attorney said the annexation first and second reading could be done in a two week
gap, separate from the land use. Ms. Simchick asked if there is a change in terms, would
the annexation ordinance have to be redone. The City Attorney said it is staffs
recommendation all the ordinances be done together, though annexation can be done
separate from the land use. He said if terms of the annexation agreement change, because
it is an attachment referenced in the ordinance, there would not need to be another first
reading.
In response to Mr. Wolff, the City Attorney said the land use does not have to occur with the
annexation, but is being done for certainty; if not done at the same time, on an interim basis
it would go to the closest County land use. Mr. Wolff asked if the land use is the reward for
filling the five year obligation. The City Attorney said while we can bind them for five years,
they could not bind us.
Mr. Dill stated his concern is that when this started in April, there was time to run the land
use with the City's land use amendment, but the park has to be open and running as a
mobile home and RV park by December and if that doesn't happen, his client has no
incentive to proceed and though the County is working to allow RVs it will take more time.
The City Attorney clarified that DCA review is 45 days and then the City has 90 days to
respond.
• MOTION by Mr. Paternoster and SECOND by Mr. Neglia to extend the meeting until 11:00
p.m. passed on a voice vote of 5-0.
Roll call on the annexation motion was as follows:
Ayes: Simchick, Coy, Neglia
Nays: Wolff, Paternoster
Motion carried 3-2
08.052 B. First Reading and Transmittal Public Hearina of Ordinance No. 0-08-02 - Land Use
113 - Shady Rest Mobile Home Park, 13225 US Highway 1 —1715 Acres — Riverfront
Mixed Use (RMU) (transmittal previous 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.
The City Attorney read the title.
The Growth Management Director and Attorney Dill stated staff report is before Council
and Mr. Dill noted staff recommends approval.
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The City Attorney said the decision to assign the land use designation is at the discretion of
Council, and noted every piece of property except institutional, that lies east of the railroad,
is Riverfront Mixed Use (RMU).
Clare Ranahan asked what will happen if DCA rejects this. The City Attorney said basically
feedback is received from DCA and the City has discretion.
Cindy Falco asked for clarification on what had occurred previously and whether residents
would have to leave if the business does not open in December and Mayor Coy said the
County ordinance would not preclude him from using Florida Statutes which allow six
months notice for residents to vacate. Ms. Simchick pointed out this question does not
pertain to land use.
Damien Gilliams, 1623 US Highway 1, stated maybe we will get a Lowes next to the Church,
asked what if he petitioned DCA as a property owner, suggested changing the land use to
mobile home park and guarantee the residents a place to live, it is a concern their attorney
is not present, stated making this commercial is not good, the property should be abutting
more than 50% of the City property and this is not.
Evelyn Rupp, Shady Rest, stated she didn't understand what is happening because when
• they came tonight they thought they had five years. Mayor Coy explained the annexation
passed on first reading and residents have three to six months to consult with each other
and their attorney.
MOTION by Mr. Neglia and SECOND by Ms. Simchick to pass Ordinance No. 0-08-02 on first
reading and authorize transmittal to Department of Community Affairs for comments.
Roll call on the motion was as follows:
Ayes: Coy, Neglia, Simchick
Nays: Wolff, Paternoster
Motion carried 3-2
08.052 C. First Reading of Ordinance No. 0-08-03 — Rezoning (Quasi -Judicial) — Shady Rest
115 Mobile Home Park, 13225 US Highway 1 — 17.15 Acres — Commercial Riverfront
Zoning (transmittal, previous backup provided under separate cover)
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 City Attorney read the title and asked that input not be taken at this time on first reading
because the hearing will be quasi-judicial.
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MOTION by Mr. Neglia and SECOND by Ms. Simchick to pass Ordinance No. 0-08-03 on
first reading.
Roll call on the motion was as follows:
Ayes: Coy, Simchick, Neglia
Nays: Paternoster, Wolff
Motion carried
The City Manager asked to move up item B because some of CDM's services on Collier
Creek seawall will be needed soon.
MOTION by Ms. Simchick and SECOND by Mr. Neglia to move item B up passed on a
voice vote of 5-0.
08.010 B. CDM Contract Work Authorization # 6 - Collier Creek Wall RFP (Engineering
117-124 Transmittal, Work Authorization, Exhibit A)
The City Manager explained that this will help the City Engineer get to the notice to
proceed stage on the project and pointed out that half of the amount is for work that has
already occurred.
MOTION by Mr. Wolff and SECOND by Mr. Paternoster to pass item B — CDM Contract
Work Authorization Collier Creek Wall Engineering in the amount of $25,000.
Roll call on the vote was as follows:
Ayes: Neglia, Paternoster, Simchick, Wolff, Coy
Nays: None
Motion carried 5-0
11. UNFINISHED BUSINESS
08.077 A. Lot Clearinq Ordinance History (Separate Cover)
The City Attorney said this ordinance has had a tortured history even before the scrub jays
entered the picture.
MOTION by Mr. Paternoster and SECOND by Mr. Wolff to bring this back to the next
meeting.
Ms. Simchick pointed out the last correspondence from US Fish and Wildlife (USFW) in
December requested a reply so the ball is in our court and she could not move forward until
the federal agency received a reply and their concerns are answered regarding the
ordinance. She requested the motion be modified to have answers at the next meeting.
• Mr. Paternoster noted he has been asking for that information for quite some time.
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