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Home My WebLink About2007 03 28 - Transmittal 1CT/ OF HOME Or PELICAN ISLAND of Sebastian. Florida Subject: Second reading and Public Hearing of Ordinance 0-07-01; petition for Voluntary Annexation by Vero Mini Storage, LLC for a 3.87 -acre parcel of land located at 9707 U.S.1 App ov r Submittal by: City Manager Al er Agenda No. 0 �, I q 2 - Department Department Origin: Growth Manaeement Purchasing/Contracting: Finance Director• City Attorney. City Clerk: Date Submitted: March 20, 2007 For Agenda of. March 28, 2007 Exhibits: Ordinance No. 0-07-01, Letter of request, Location map, Chapter 171.044 F.S., Survey EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None I None 611MItUVW11 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 (C/1) 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 Hold public hearing. "Move to approve Ordinance No. 0-07-01. ENGINEERING, INC. CONSULTING ENGINEERING MBVMOIA BOWLES VILLAMIZAR & ASSOCIATES May 5, 2006 Ms. Dome Bosworth Ka 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 arrnexed into tLe City and a land use adopted. We request that this project be heard at the next available utan-:.s and zoning meeting. I thank you in advance for your time and judgment in this matter. Should you have any rartl an scions regarding the above subject, please call meat 321-253-1510. i lY Ydurs, `-- Qo y Carrier Engineering Technician cc: Mr. Charfie 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 properly 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 properly. 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.�- . 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.