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HomeMy WebLinkAbout2007 01 24 - Transmittal 3CM a f r TJ HOME OF PECAN ISD of Sebastian, Florida Subject: First reading of Ordinance 0-07- 03; zoning amendment for a 3.87 -acre parcel of land located at 9707 U.S.1 I Agenda No. Department Origin: Growth Mana eg mend Purchasing/Contracting: Submittal by: City Manager Finance Director - City Attorney:1 City Clerk: Date Submitted: January 17, 2007 For Agenda of: January 24, 2007 Exhibits: Ordinance No. 0-07-03, Location Map, Staff Report, P&Z recommendation, Application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None I None SUMMARY If annexation is approved, the 3.87 -acre parcel must be given a City land use and zoning designation. The applicant has requested General Commercial (CG) for land use and Commercial General for zoning. The attached staff report indicates these requests would be in compliance with the Comprehensive Plan and Land Development regulations. In 2000, a five -acre parcel on the south side of this property was annexed into the city and given the CG designation for both land use and zoning. That property was subsequently developed as part of the Publix site. 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 zoning request. RECOMMENDED ACTION "Move to pass Ordinance No. 0-07-03 on first reading and schedule a second reading and public hearing for February 28, 2007." ORDINANCE NO. 0-07-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS GENERAL COMMERCIAL (CG) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Vero Mini Storage, LLC, has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. f: r NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule "A" containing 3.87 acres more or less as depicted on the attached sketch. Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Commercial General (CG). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon satisfaction of all conditions for the effectiveness of Ordinance 0-07-01. The foregoing Ordinance was moved for adoption . The motion was seconded by Councilmember _ upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster Councilmember by Councilmember and, The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2007. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC City Clerk LIN Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney EXHIBIT "A" DESCRIPTION PARCEL I' THAT PORTION OF THE FOLLOWING LYING NORTH OF THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1401. PAGE 2456 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. THE SOUTH 165 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST.I/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 SEC.TION•20: THENCE RUN NORTH 155.00 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 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 BOOTS 107. PAGE 331 AND DEED -BOOK 111. 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 OF,THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. - 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 I/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 20: THENCE RUN NORTH 165, OD 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 WAY OF THE FLORIDA EAST COAST RAILWAY AND ALSO.LESS THE RIGHT OF WAY FOR US HIGHWAY 1 AS RECORDED IN DEED BOOK 107. PAGE 331 AND DEED BOOK 111. PAGE 495 OF -THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. OF ^d C W . ,,,GG[I SPAR(RACE MGBU HOME PAW �A elop �< I GOV. LOT 5 g 1 � �K g .� GOV. b I GOV. LOT 6 PALMS rAe nc MOBLE VLLAGE 17 121), TGG o WHSPERNG 0 G 1 .,,......_ t ( nar .x1 PALMS 3 I i t " •�• MOBLE G VLLAGE i Too I HI r mm rQ isC I L y' � Na r 17 � .y �.. � � �^ � L i• i. SEBASTIAN HCH UM T7PUB _ `. p 9j'� j LM ts1nvEe Is "w +. �Ey u i PAW LAIQ PHASE I Np Eli � t .`�,� i. __� PAW LAE CLUB t �_.. 1 PHASE I SA " 3 C W . ,,,GG[I SPAR(RACE MGBU HOME PAW �A elop ON or SEBASTKN HOME OFYPEUCAN ISLAND Growth Management Department Staff Report Annexation, Comprehensive Plan Amendment And Rezoning 1. Project Name: 9707 US Highway 1 2. Requested Action: Annexation into City of Sebastian; Land Use Change from Cl (Commercial Industrial -County) to CG (Commercial General -City); Zoning Change from CG (Commercial General -County) to CG (Commercial General -City) 3. Project Location a. Address: 9707 U.S. 1, immediately north of and adjacent to Publix of Indian River located at the intersection of U.S. 1 and Barber Street. b. Legal: See survey C. Indian River County Parcel Number: 31-39-20-00000-1000-00018.0 d. Acreage: 3.87 acres 4. Project Owner: Vero Mini Storage, LLC 900 21'c Street Vero Beach, FL 32960 (772)569-3799 fax: (771) 567-7121 5. Project Agent: Bobby Cameron MBV Engineering, Inc. 1600 W. Eau Gallie Blvd, Ste. 293 Melbourne, FL 32935 (321) 253-1510 fax: (321) 253-0911 6. Project Engineer: Bruce A. Moia, P.E. MBV Engineering, Inc. 1600 W. Eau Gallie Blvd, Ste. 293 Melbourne, FL 32935 (321) 253-1510 fax: (321) 253-0911 7 K31 C. Project Surveyor: Project Description David Jones 3899 39'' Square Vero Beach, Florida 32960 (772) 567-9875 fax: (772) 567-9172 a. Narrative of proposed action: Mr. Charles Block of Vero Mini Storage LLC has recently filed an application for annexation of a 3.87 acre parcel of land at 9707 U.S. 1, and located immediately north of Publix of Indian River. The property currently has a county land use designation of Cl (Commercial/ Industrial) and a county zoning designation of CG (Commercial General). In conjunction with the annexation request, the applicant has requested a city land use designation of CG (Commercial General) and a city zoning designation CG (Commercial General). The subject parcel presently has 12 mobile homes and 13 cottages. Zoning: Current: CG (Commercial General -County) Requested: CG (Commercial General -City) Adjacent Properties d. Site Characteristics (1) Total Acreage: 3.87 acres (2) Current Land Use(s): 12 mobile homes and 13 cottages (3) Soil: (4) Vegetation: palms, oaks, pines, pepper trees cardssa plum (5) Flood Hazard: X 2 Zonina Current Land Use Future Land Use North: CG (Co.) mobile homes C/I (Co.) East: RM -6 (Co.) vacant L-2 Co. -6 units/1 ac.) South: CG (City) retail CG (City) West: RMH-8 (Co.) open space/mobile home park M-1 (Co. -8 units/1 ac.) d. Site Characteristics (1) Total Acreage: 3.87 acres (2) Current Land Use(s): 12 mobile homes and 13 cottages (3) Soil: (4) Vegetation: palms, oaks, pines, pepper trees cardssa plum (5) Flood Hazard: X 2 10. 11 (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Future Land Use: Current: Requested Private well On-site septic system Barber Street Sports Complex - 2.4 miles Filbert Street Park - 1 mile Barber St. Fire Station - 2.4 miles Police - 3.5 miles Cl (Commercial/Industrial-County) CG (Commercial General -City) 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 accommodate specific land, site, public facilities and market location requirements of their respective commercial uses." Policy 1-1.2.1 General Considerations for Locating Commercial Development states "The location and distribution of specific types of commercial activities shall be determined based on the following considerations: 1. Trip generation characteristics, impact on existing and planned transportation facilities and ability to achieve a functional internal circulation and off-street parking system, with landscaping amenities: 2. Location and site requirements based on specific needs of respective commercial activities, their market area, anticipated employment generation and floor area requirements; 3. Compatibility with and impact on other surrounding commercial activities; 4. Relationship to surrounding land uses and natural systems; 5. Impact on existing and planned community services and utilities." The location of the parcel along a state arterial roadway (U.S. 1) meets the intention of the comprehensive plan. The redevelopment of this parcel will require connection to public water and sewer, improved stormwater systems, and landscaping to meet current land development regulations. Conformance with Code of Ordinances: The proposed rezoning and land use amendment is consistent with the Code of Ordinances. 12. Changed Conditions: The applicant wishes to redevelop the property as a retail center. A surge of new residential subdivisions in the vicinity (both city and county) has increased the need for close, varied commercial accommodations. 13. Land Use Compatibility: Property to the north (County) and south (City) is zoned for commercial development, and is compatible with the requested zoning and land use amendment. Property to the east is residential (County), but is separated from the subject property by U.S. Highway 1. Property to the west is also residential (County), but is separated from the subject property by the FEC railroad. 14. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. Public utilities (water, wastewater) are available and will be required for redevelopment of the subject parcel. Additionally, on-site stormwater retention tracts will be required as an essential element of the proposed development. 15. 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. 16. Economic Effect: The property is not currently within the corporate limits of the City of Sebastian. Annexation will provide an additional 3.87 acres of commercial land area, which in turn creates an expanded tax base for the City of Sebastian. 17. 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. 18. 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, and the proximity to new residential developments (both in the City and in the County) facilitates orderly development within a growing urban service area. 19. Other Matters: The applicant also owns the parcel between Publix and the FEC railroad, which is contiguous to the southwestern portion the subject parcel. That parcel is within the city limits of Sebastian, has a land use designation of CG and a zoning designation of CG. As such, the owner will explore interconnection of the two properties to enhance their future development. The requested comprehensive plan land use map amendment is under 10 acres, which is a small scale amendment, and will not be reviewed by the Department of Community Affairs (DCA). Historically, in 2000 a five -acre parcel on the south side of this property was annexed into the city and given the CG designation for both land use and zoning. That property was subsequently developed as part of the Publix site. 20. Conclusion: The requested land use designation of CG (Commercial General) and the requested zoning designation of CG (Commercial General) is consistent with the Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested annexation, with a land use designation of CG (Commercial General) and a zoning designation of CG (Commercial General). Additionally, the Planning and Zoning Commission recommended approval of the CG land use and zoning designation for the subject property during their November 9, 2006 meeting. 2�� �� )2,- &-OG P(ROPARED BY U DATE CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF RE -SCHEDULED REGULAR MEETING NOVEMBER 9, 2006 Mr. Paul called the meeting to order at 6:59P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Simmons Mr. Paul Mr. Buchanan (a) Mr. Oakes EXCUSED: Mr. Allocco Mr. Morrison (a) Mr. Mahoney Mr. Cardinale Mr. Keough ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Rich Stringer, City Attorney Linda Lohsl, Recording Secretary ANNOUNCEMENTS: Messrs. Allocco and Keough are excused and Messrs. Morrison and Buchanan will be voting tonight. APPROVAL OF MINUTES: P&Z Regular Meeting 10/05/06 MOTION by Simmons/Morrison to approve the minutes of October 5, 2006. Motion passed unanimously. OLD BUSINESS: NONE NEW BUSINESS: A. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT & REZONING (for a proposed annexation) — 9707 U.S. HIGHWAY #1, NORTH AND ADJACENT TO PUBLIX OF INDIAN RIVER — 4 ACRES, MORE OR LESS — REQUEST FOR CG (GENERAL COMMERCIAL) LAND USE AND CG (COMMERCIAL GENERAL) ZONING. PLANNING AND ZONING COMMISSION MINUTES OF RESCHEDULED REGULAR MEETING OF NOVEMBER 9, 2006 Mr. Paul called for any ex parte communication; there were none. Mr. Paul then swore in staff and the applicant. Mr. Charles Block represented Vero Mini Storage, LLC and presented the application. He gave a history and description of the 4 -acre property. Ms. King added that the applicant is requesting the same zoning and land use designation as the Publix, which is adjacent to this parcel. The property currently has 12 mobile homes and 13 cottages on it, which as Mr. Block had stated, would be removed. The applicant answered questions from the commission with regard to current residents and what could be built on the site under the Commercial General Zone. No one from the public spoke. MOTION by Morrison/Oakes to recommend city council approve the land use change to General Commercial and Zoning to Commercial General for 9707 U.S. Highway #1. ROLL CALL: Mr. Morrison yes Mr. Simmons yes Mr. Cardinale yes Mr. Mahoney yes The vote was 7-0. Motion passed unanimously. Mr. Buchanan yes Mr. Paul yes Mr. Oakes yes B. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT & REZONING — SPIRIT OF SEBASTIAN (AKA ROSELAND SATELLITE TRACT 3) — IRC PARCEL ID NO. #30-38-22- 00001-0030-00000.0 — 134 ACRES, MORE OR LESS — NORTH OF SEBASTIAN AIRPORT — REQUEST FOR LDR (LOW DENSITY RESIDENTIAL) LAND USE AND PUD -R (PLANNED UNIT DEVELOPMENT — RESIDENTIAL) ZONING. The applicant withdrew this item. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: Mr. Mahoney noted all the events that are copying the successful Sebastian Clambake. DIRECTOR MATTERS: Ms. Grohall noted that there will not be a meeting next week (11/16) and asked the Commission if they would like to have just one meeting in December, scheduled for December 7, and cancel the second meeting on December 21'. The Commission agreed. ATTORNEY MATTERS: Mr. Stringer discussed a couple of ordinances City Council wanted him to bring through Planning and Zoning. One is how height is measured east of Indian River Drive. What they are looking at is a no -fill rule and measuring from the front line of the building at existing grade. The other issue is to implement a 100 Ft. buffer similar to the county City of Sebastian Permit Appne4on No. Development Order Application Applicant if not owner, written authorization notarized from owner is recitlired Name: VERO MINI, LLC Address: PO BOX 1206 VERO BEACH, FL 32961 Phone Number: 772 ) 569-3799 lFax Number: 772 567'-7121 E -Mail: Owner (if different from applicant) Name: Address: Phone Number: ) Fax Number: E -Mail: Type of permit or action requested: REZONING REQUEST PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 6 1l2' x 11- COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED, ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if applicable): _ 9707 RETAIL CENTER B. Site Information Address: 9707 US HWY. 1 Sebastian, FL 32958 Lot: Block: Unit: Subdivision: Indian River County Parcel # : 31-39-20.00000-1000, •00018.0 Zoning Classfcation: Future Land Use: CG Cl ExisOng Use: /'� 00611-6 H0"A55 Proposed Use: �3 cb-rm &r-!5 I L C. Description of proposed activity and purpose of the requested permit or fiction (attach extra sheets If necessary): Requesting annexation, adoption of city zorrin and land use classification. DATE RECEIVED: FEE PAID: $ RECEIVED BY: Form CD -2001 I Pae 1 of 3 Develo ment Ap tication [Approved: 08-27-97 Revision: I File Name: DOA 6 'd HE SIN AVS1:6 90OZ .I *AIN D. Project Personnel: Agent: Name: BOBBY CAMERON OF MBV ENGINEERING, INC Address: 1600 W. EAU GALLIE BLVD. STE. 203 MELBOURNE, FL. 32935 Phone Number: ( 321 )253-1510 lFax Number: 321 )253-0911 E -Mail: BOBBYC(o)MBVENG.COM Attorney: Name: Address: Phone Number: lFax Number: E -Mail: Engineer: Name: BRUCE A. MOIA, P.E. OF MBV ENGINEERING, INC. Address: 1600 W. EAU GALLIE BLVD. STE. 203 MELBOURNE, FL. 32935 Phone Number: 321 )253-1510 lFax Number: 321 )253-0911 E -Mail: LOGANPCo)MBVENG.COM Surveyor: Name: DAVID M. JONES Address: 3899 39TH SQUARE VERO BEACH, FL. 32960 Phone Number: ( 772)567-9875 lFax Number: ( 772 567-9172 E -Mail: I, , BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER _ 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. Ignature Date/ Sworn to and subscribed before me by Chap le S E - BI p G K Who is personally known to me or produced as identification, this 12TI+ dayofMau 200x, rr NOTARY'S SIGNATURE 0 wIT,,y ALISON BOLANIJ PRINTED NAME OF NOTARY X ILs 0y\ �n cLn *� NolaryPUM-ftbofFWda COMMISSION NO./EXPIRATION .5—I1^2oo9 � � ��ayM�11,2009 . SEAL: Rl'tq' Bonded ByNatlorlYNafdyAgn, Form CD -2001 I Page 2 of 3 1 Development Application Approved: 08-27-97 Revision: lFile Name: DOA The following is required for all comprehensive plan amendments, zoning amendments (inlcuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. IME, , THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. UWE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT 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 EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Signature Date Sworn to and subscribed before me by 1. h0L f- E . T 1e- Who is personally known to me or produced as identification, this 12-T t� day of MCI 200 G NOTARY'S SIGNATURE -e 67 1 46a PRINTED NAME OF NOTARY 1 S c n15 of k COMMISSION NO./EXPIRATION too 4 SEAL: w„ orf` `s Nobly Public -Stele of Fbida i• IyCWmdslbnExpirmmay 11,=9 - "y�„ �,?r ConxNsebn k DD 428459 °f,,,t Bandod By National Notary Am, Form CD -2001 I Page 3 of 3 ]Development Application Approved: 08-27-97 Revision: IFile Name: DOA Permit Application No. Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES, IF NECESSARY. x 1. Proposed Zoning: CG X 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. THE PROPOSED REZONING MEETS ALL CONDITIONS AND POLICIES OF THE COMPREHENSIVE PLAN. X 3. Explain how the proposed rezoning is in conformance with the applicable substantive requirements of the City of Sebastian Code of Ordiances. THE PROPOSED REZONING AND USE WILL BE CONSTRUCTED IN ACCORDANCE WITH ALL CODE REQUIREMENTS. X 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? NONE TO OUR KNOWLEDGE. X_5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City. THE PROPOSED REZONING WOULD BE COMPATIBLE WITH EXISTING USES WITHIN THE GENERAL AREA OF THE CITY AND ABUTTING PROPERTIES X 6. Are there adequate public facilities to serve the proposed land use? YES Form CD -2017 Pae 1 of 2 lRezoning Approved: 08-27-97 Revision: lFile Name: SIREZONE X_7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS EXISTING WITHIN THE BOUNDARIES. X 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the City. THE PROPOSED REZONING SHOULD RESULT IN AN INCREASE IN PROPERTY VALUES WITHOUT AFFECTING THE GENERAL HEALTH, SAFETY OR WELFARE OF THE CITY. X 9. Does the proposed rezoning will result in an orderly development pattern. YES IT IS CONSISTENT WITH THE SURROUNDING AREA. X 10. Attach the following: X a. A verified statement showing each and every indidual person having a legal and/or equitable ownerhsip interest in the property upon which the application for rezoning is sought except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. X b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X c. A survey and legal description of the property to be rezoned. Form CD -2017 I Page 2 of 2 lRezoning Approved: 08-27-97 Revision: IFile Name: SIREZONE