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HomeMy WebLinkAbout2007 01 24 - Transmittal 1rnr or aa -A NOME OF PFIICAN ISLAND of Sebastian, Florida Subject: First reading of Ordinance 0-07- 01; petition for Voluntary Annexation by e)&R z Vero Mini Storage, LLC for a 3.87 -acre Agenda No. parcel of land located at 9707 U.S.1 Department Origin: Growth Management Purchasing/Contracting: // Finance Director: Aprov Submittal by: City Manager City Attorney: / City Clerk: Date Submitted: January 17, 2007 For Agenda of: January24, 2007 Exhibits: Ordinance No. 0-07-01, Letter of request, Location map, Chapter 171.044 F.S. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None I None None I .. Mr. Charlie Block of Vero Mini Storage, LLC through his agent, Mr. Bobby Cameron of MBV Engineering, Inc., has submitted a request for annexation of 3.87 acres of land located at 9707 U.S. 1. The subject property, whose parcel number is 31-39-20-00000-1000-00018.0 is located immediately north and adjacent to Publix of Indian River, which is in Sebastian city limits. The applicant also submitted applications for a land use change and rezoning. Because the parcel is less than 10 acres, the Department of Community Affairs is not required to review the requested land use change. The existing land use within the County is Commercial Industrial (CQ) with a Commercial General (CG) zoning designation. They are requesting Commercial General (CG) land use and Commercial General (CG) zoning, if annexed. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property during their November 9, 2006 meeting. Additionally, staff recommends approval of the above referenced annexation consistent with goals and objectives as outlined within the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to pass Ordinance No. 0-07-01 on first reading and schedule a second reading and public hearing for February 28, 2007." ORDINANCE NO. 0-07-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Vero Mini Storage, LLC, the owner of the parcel of property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: SEE ATTACHED SCHEDULE A As shown in the map attached as Exhibit "A", containing 3.87 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its 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 Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councihnember Al Paternoster Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this day of 12007. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC City Clerk LN Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Sally A. Maio, MMC Mayor Brian Burkeen City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney EXHIBIT "A" DESCRIPTION PARCEL V ' THAT PORTION OF THE FOLLOWING LYING NORTH OF THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY PUBLIC RECORDS NT OF RINDOIANERIVER IN COUNTY` FLORIDDBOOK 1401. THE SOUTH 165 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST. 1/4 OF SECTION 20. TOWNSHIP 31 SOUTH. RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA. LYING WEST. OF US HIGHWAY I. MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING BEGIN AT THE SOUTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION•20: THENCE RUN NORTH 165.00 FEET: THENCE RUN EAST 1104.75 FEET TO THE WEST. RIGHT OF.WAY LINE OF US HIGHWAY I: THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE, A 01STANCE OF 183.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING, LESS RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND ALSO LESS THE RIGHT OF WAY FOR US HIGHWAY I AS RECORDED IN DEED BOOK 107. PAGE 331 AND DEED -BOOK III. PAGE 495 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. . AND PARCEL 2 THAT PORTION OF, THE FOLLOWING LYING SOUTH OF THE WESTERLY PROJECTION OF THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1401. PAGE 2456 DF•THE PUBLIC RECORDS OF INDIAN RIVER ' .COUNTY. FLORIDA. THE SOUTH 165 FEET OF THE SOUTH 1/2 OF.THE-SOUTHEA$T 1/4 OF THE NORTHEAST 1/4 LYING WEST OF USQHIGHWAY31.SMORE PARTICULARLYDESCRIBEDASVFOLLOWS: FLORIDA. FOR A POINT. OF BEGINNING BEGIN AT THE SOUTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 20: THENCE RUN NORTH 165.OQ FEET: THENCE RUN EAST 1104.75 FEET TO THE WEST. RIGHT OF WAY LINE OF US HIGHWAY 1: THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE. A DISTANCE OF 183.72 FEET: THENCE WEST 1188.00 FEET TO THE POINT OF BEGINNING. LESS RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY AND ALSO.LESS THE RIGHT OF WAY FOR US HIGHWAY I• AS RECORDED IN DEED BOOK 107. PAGE 331 AND DEED BOOK III. PAGE ,a 495 OF -THE PUBLIC RECORDS -OF INDIAN RIVER COUNTY. FLORIDA. MBVENGINEERING, INC. CONSULTING ENGINEERING MOIA BOWLES VILLAMIZAR & ASSOCIATES May 5, 2006 Ms. Dome Bosworth Via Facsimile City of Sebastian 1225 Main Street Sebastian, FL. 32958 RE: 9707 Retail Center Tax I.D. # 31-39-20-00000-1000-00018.0 Indian River County, Florida Engineer's Project Number: 06-1059 Dear Ms. Bosworth: Please accept this letter as a formal request to have the above captioned property annexed irrto ti -e City and a land use adopted. We request that this project be heard at the next available _nla_r,< <u and zoning meeting. I thank you in advance for your time and judgment in this matter. Should you have any rbr0-;; r questions regarding the above subject, please call me at 321-253-1510. Very ly Yours, o y Camer Engineering Technician cc: Mr. Cltalie Block 2455 -:14th Avenue Vero Beach, Florida 32960 Phone (772) 569-0035 Fax (772) 778-3617 E-mail: mbveng0mbveng.com The Boulevard Professional Center 1600 W. Eau Gallie Blvd., Suite 203 Melbourne, Florida 32935 Phone (321) 253-1510 Fax (321) 253-0911 171.044 Voluntary annexation.— (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Upon publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection shall not be the basis of any cause of action challenging the annexation. Hlstory.=s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90-279; s. 16, ch. 98-176.