Loading...
HomeMy WebLinkAbout11-04-2021 PZ Agenda�R HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 Is WWW.CITYOFSEBASTIAN.ORG AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, NOVEMBER 4, 2021 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES: Regular meeting of October 7, 2021 and October 14, 2021 6. LOCAL PLANNING AGENCY (LPA) PUBLIC HEARINGS • Chairman opens hearing; • Attorney reads ordinance or resolution or title, if any; • Staff presentation; • Public Input; • Commissioners closes hearing; • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. LPA Legislative Public Hearing - Recommendation to City Council — City of Sebastian Comprehensive Plan 2040 — New Element: Private Property Rights - Element 10 B. LPA Legislative Public Hearing — Recommendation to City Council — Comprehensive Plan Future Land Use Amendment — Soundview at Sebastian, West of US Hwy 1 - Code RE Partners, Inc., Applicant — Section 20, Township 31 South, Range 39 East - Subject Parcels are 29.57 Acres, More or Less — Request is for a change from County C/1—Commercial/Industrial and City (CG) Commercial General Land Use to City (MU) — Mixed Use. C. LPA Legislative Public Hearing — Recommendation to City Council — Comprehensive Plan Future Land Use Amendment — MRC Conservation Parcels, West of St. Sebastian River — Marine Resources Council (MRC), Applicant — Section 26, Township 31 South, Range 38 East - Subject Parcels are 7.88 Acres, More or Less — Request is for a change from City (LDR) Low Density Residential Land Use to City (CON) — Conservation Land Use. D. LPA Legislative Public Hearing — Recommendation to City Council — Comprehensive Plan Future Land Use Amendment — Fischer 9Wh St, — Henry A. Fischer, Applicant — Section 20, Township 31 South, Range 39 East - Subject Parcel is 1.47 Acres, More or Less — Request is for a change from County C/1— Commercial/Industrial Land Use to City (IN) Industrial Land Use. E. LPA Legislative Public Hearing — Recommendation to City Council — Comprehensive Plan Future Land Use Amendment — Fischer US 1, — Henry A. Fischer, Applicant — Section 17, Township 31 South, Range 39 East - Subject Parcel is 6.17 Acres, More or Less — Request is for a change from County C/1— Commercial/Industrial Land Use to City (GC) General Commercial Land Use. F. LPA Legislative Public Hearing — Recommendation to City Council — Comprehensive Plan Future Land Use Amendment — Cross Creek Addition — Henry A. Fischer, Applicant — Section 31, Township 39 South, Range 30 East - Subject Parcel is 19.58 Acres, More or Less — Request is for a change from County R - Rural to City (VLD) Very Low Density Land Use. 7. PLANNING AND ZONING (P&Z) COMMISSION QUASI-JUDICIAL HEARINGS • Chairman opens hearing, attorney reads ordinance or resolution or title • Commissioners disclose ex parte communication • Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. P&Z Quasi -Judicial Hearing — Recommendation to City Council — Land Development Code Rezoning Amendment for a specific site — MRC Conservation Parcels, West of St. Sebastian River — Marine Resources Council (MRC), Applicant — Section 26, Township 31 South, Range 38 East - Subject Parcels are 7.88 Acres, More or Less — Request is for a change from City (RS-10) Residential Single Family to City (C) — Conservation B. P&Z Quasi -Judicial Hearing — Recommendation to City Council — Land Development Code Rezoning Amendment for a specific site — Fischer 9SP St, — Henry A. Fischer, Applicant — Section 20, Township 31 South, Range 39 East - Subject Parcel is 1.47 Acres, More or Less — Request is for a change from County (IL) Light Industrial to City (IN) Industrial. C. P&Z Quasi -Judicial Hearing — Recommendation to City Council — Land Development Code Rezoning Amendment for a specific site — Fischer US 1, — Henry A. Fischer, Applicant — Section 17, Township 31 South, Range 39 East - 2 Subject Parcel is 6.17 Acres, More or Less — Request is for a change from County (CL) Commercial Limited to City (CG) Commercial General. D. P&Z Quasi -Judicial Hearing — Recommendation to City Council — Land Development Code Rezoning Amendment for a specific site — Cross Creek Addition — Henry A. Fischer, Applicant — Section 31, Township 39 South, Range 30 East - Subject Parcel is 19.58 Acres, More or Less — Request is for a change from County Agriculture-1 to City (RS-10) Residential Single Family. 8. UNFINISHED BUSINESS None 9. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 10. NEW BUSINESS None 11. COMMISSIONERS MATTERS 12. CITY ATTORNEY MATTERS 13. STAFF MATTERS 14. ADJOURN DUE TO HEALTH CONCERNS REGARDING CORONAVIRUS, ALTERNATIVE METHODS WILL BE IN PLACE FOR THE PUBLIC TO PROVIDE INPUT REGARDING THIS MEETING. INTERESTED PARTIES MAY CONTACT THE CITY AT 772-388-8226 OR E-MAIL QUESTIONS AT COSTV@COSTV.CITYOFSEBASTIAN.ORG OR MAY VISIT THE CITY'S WEBSITE AT httD://www.citvofsebastian.orR/i)ublic-inDut-methods. However, the public is advised to check the City website for up-to-date information on ally changes to the manner in which the meeting will be held and the location. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S. 286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website - www.citvofsebasfian.oro unless otherwise noticed and rebroadcast at a later date - see COS -TV Channel 25 for broadcast schedule 3 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OCTOBER 7, 2021 Call to Order -- Vice-Chairman Alvarez called the meeting to order at 6:O gym. I Pledoe of Alleoiance was recited by all. C to co III. Roll Call Present: Not Dresent: Also Present: C.L4 a cu E t° Mr. Simmons Mr. Christino (a) LL E Ms. Kautenburg Mr. Qizilbash C O Ms. Jordan (a) Mr. Alvarez U 7 _C Mr. Roth Excused Ri.0 > y - Mr. Carter -- Excused c Mr. Hughan Excused CD N <E Ms. Dorri Bosworth, Community Development Manager Ms. Michelle Faulkner, Planner Mr. Manny Anon, Jr., City Attorney Ms. Barbara Brooke -Reese, MIS Manager Ms. Janet Graham, Technical Writer (Zoom) Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aaenda Modifications Mr. Alvarez announced that Mr. Carter, Mr. Roth, and Mr. Hughan are all excused from this meeting. Mr. Christino and Ms. Jordan will be voting in their places. Mr. Alvarez also welcomed Ms. Jordan, the new alternate member. V. ADDroval of Minutes All Commissioners having had a chance to review the Minutes, Mr. Alvarez called for a Motion. A motion approving the Minutes of August 19, 2021 as presented was made by Mr. Christino, seconded by Mr. Simmons, and approved unanimously via voice vote. VI. Quasi -Judicial and Public Hearinas A. Quasi -Judicial Public Hearing -- Conditional Use Permit -- New Model Home 952 Roseland Road -- Lot 21, Block 162, Sebastian Highlands Unit 5 Holiday Builders, Inc. -- Residential Single Family (RS-10) Zoning District IQ a E a a c ao O PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING OF OCTOBER 7, 2021 Mr. Alvarez asked if any commissioners have had any ex parte discussions with the builder, Holiday Builders. All stated they had not. All who wished to speak on this matter were sworn in by Mr. Anon. Mr. Anon read the item into the record. Mr. Alvarez called on the applicant to speak on this matter. Trevor Lewis stated Holiday Builders presently has a model at 964 Roseland Road. There is a parking lot separating the lot that is the subject of this petition from 952 Roseland Road which is the current model home center. The current model home is a plan Holiday Builders no longer offers. They would like to move their sales associate from that location to the model at 952 Roseland Road. Once the sales associate is relocated, the model at 964 Roseland Road will be offered for sale. Mr. Alvarez called on staff for their findings and recommendations. Ms. Faulkner stated that City staff has reviewed the model home application and find it to be in compliance with the code. Now that Holiday Builders have stated they are going to be moving the model, they will need to do a unity of title to join the two properties together. Regarding Item 7(e) on the staff report, the applicant has already applied for a sign permit through the Building Department. The model home permit will expire in one year, and it can be administratively renewed at that time. Staff recommends approval for a one-year period upon removal of the model home sign, parking area, the connecting paver walkway, and completion of unity of title. Mr. Alvarez asked if any of the commissioners had questions of the applicant. Mr. Christino: Regarding the illuminated sign, he asked if it will be the same sign that is presently there. Mr. Lewis said it will be exactly the same sign, just relocated to the new location. Mr. Oizilbash: Asked if there will be two model homes side -by -side. Mr. Lewis said no. Once they have moved into the model at 952, the other model will be closing, and it will be offered for sale. Mr. Alvarez: Asked if that is the model that has the handicapped toilet on the exterior. Mr. Lewis said that was a Holiday home, but it was at the Sandcrest subdivision. There being no further questions/comments, Mr. Alvarez called on anyone from the public in chambers or on Zoom who wished to speak in favor of this project. There being no one, he called for anyone who wished to speak in opposition to this project. There was no one present in chambers or on Zoom who wished to speak in opposition. Mr. Alvarez called for a motion on this application. A motion approving the conditional use permit for a model home at 952 Roseland Road, Lot 21, Block 162, Sebastian Highland Unit 5, Holiday Builders, Inc., residential single family (RS-10) Zoning District, PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING OF OCTOBER 7, 2021 conditioned upon the recommendations as listed in the staff report, was made by Mr. Christino (a) and seconded by Mr. Qizilbash. Roll Call Mr. Qizilbash -- Yes Ms. Jordan (a) -- Yes Mr. Simmons -- Yes Vote was 6-0 in favor. Motion passes. B. Public Hearing -- Recommendation Permit -- Caliber Car Wash -- 1307 0 Mr. Anon read the item into the record. Mr. Alvarez called on the applicant to speak on this matter. Derek Rooney identified himself as a land -use attorney with the firm of Gray Robinson, representing Caliber Car Wash. He is seeking approval of a car wash use at the edge of the riverfront overlay district at 13070 US Highway 1. He is joined by Peter Pensa, who is the land -use planner. He is also joined by Keely Siebein, of Siebein Acoustics, and with Dan Brown of Caliber. He provided handouts to the commissioners and called on Mr. Pensa to review the handouts as they were displayed on the monitor for everyone to see (SEE ATTACHED). Mr. Pensa described himself as being an AICP planner, which means he is nationally certified, as well as the Director of Planning with AVID Group, which is a multi -disciplinary group consisting of land planning, civil engineering, and surveying. He reviewed the findings of the City staff as well as the Planning and Zoning Commission's finding requirements per the code. He read these, which he stated demonstrate that the applicant can fully meet the code. He pointed out and explained what was included on the maps and drawings that were attached to the applicant's documents. He stated that the applicant is prepared to make revisions as needed to fully comply with the City's requirements. Ms. Keely Siebein, Senior Consultant with Siebein Acoustics, reviewed that her company did a noise study for Caliber Car Wash. They worked closely with the owner to develop a series of noise - mitigation strategies, including using sound -reduced blowers instead of the typical very loud blowers. They also have a reduced height at the exit portal where most of the noise is typically dispersed from. There are also noise barriers planned, and they have also extended a wing wall at the entrance of the building. She explained the various noise barriers that will be in place. Mr. Brown then reviewed the market analysis and addressed whether or not there is a need for another facility. He described the other three car washes in the City and how the Caliber Car PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING OF OCTOBER 7, 2021 Wash is different. The typical hours are from 7 a.m. to 8 p.m. Regarding the question of demand, Mr. Brown stated that this is a $5 million investment, and they are very confident in this investment. Mr. Alvarez then called on City staff for their comments. Mr. Anon moved that the documents that were shown on the monitor be made a part of the record. Ms. Bosworth reviewed what the staff report contained and the considerations that were made by the staff in devising this report. She pointed out that the reason for this hearing and the recommendations that the commissioners will be giving to City Council is for the use itself. She stated that, if they get to a site plan stage, that is when a lot of the details on the photometric plan, building height, traffic flow to the site, stormwater, parking, etc. will be determined —if a special use is granted. She then reviewed what is contained in the staff report, including the concerns of the City staff. Staff wants to know if this noise study was done with all 18 blowers in use at the same time and how much of their equipment was on at the time the study was done. The other main concern is that this car wash will be less than 500 feet from another car wash. There is no information on the noise levels when both car washes are in operation at the same time. Ms. Bosworth noted that within the staff report was a copy of an article in a magazine relating to noise levels of car washes in different communities, and this is a concern in many communities. The article also went into detail relating to site location and how important that is when allowing car washes in communities. Another consideration by staff is that these are single -purpose buildings. They are not something that, if a car wash goes out of business, the building is not easily repurposed for another use. The City's plan for an old fishing village theme was also a consideration. She explained that there is a section in the staff report that makes recommendations for requirements if the Commission approves this special use permit, but staff has recommended denial of this application, and she pointed to some of the reasons for that recommendation, specifically the noise level with the location of the proposed car wash being less than 500 feet from another car wash and the risk that a single -purpose building may be left empty. Mr. Alvarez called on members of the public who wished to speak in favor of this special use permit. No one in chambers or on Zoom wishing to speak, Mr. Alvarez called on members of the public who wished to speak against the granting of this special use permit. • William Schrader, Sr. -- Owns the property at 7570 — 131StStreet, which Is directly behind the subject property. He estimates that his property is approximately 100 feet from this property. He also estimates that the exit lane for the cars that have been washed is approximately 125 feet from his property. He knows that the big blowers that dry the cars make lots of noise. He feels this will lower the value of his PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING OF OCTOBER 7, 2021 property. Also, on either side of this property along US 1 there are office buildings where they conduct their business inside, and all the noise from this business will come from the outside. • Audrey Miller, 2509 Bay Boulevard, Indian Rocks Beach -- Her fiance owns Pelican Car Wash, which is right down the road from this property across from Walmart. She stated that today she spent her afternoon going to the local businesses surrounding the property where Caliber has proposed their site. She went to the medical offices, the surrounding restaurants, etc. She went with a petition and explained what is proposed. She has over 100 signatures from today. Not one business that she called on said that this was okay. They all said this is wrong. Why would they want to put a car wash so close to the existing car wash, and they were worried about the residences behind it and the noise. She also spoke to patients in the medical office waiting rooms, and many of them signed the petition. She has a copy of the petition that was shown to the commissioners. • Carey Calame, 7565 — 131 st Street. She referred to the many businesses, including a church, in the vicinity near this proposed car wash. Presently the noise from the trains is very notable during the night and early morning and adding the noise from a car wash that opens at 7:00 a.m. and goes till 8:00 p.m. with a number of machines going constantly is not a good idea. • Steve DiLeonardo, 13035 — 75t" Court -- His property is right behind the proposed car wash property. He is a resident of the County, but he considers himself a Sebastianite. He commended what the City has done with that area and thinks it is beautiful and putting another car wash in the middle of that is going to change things. There is already a car wash that was grandfathered in there, and he hears it running. They do everything they can to keep the volume done, but he can hear it inside his house with the air conditioning running. If this petition is granted, there would be a car wash on the other side of his house. He would be between both of them. He does not see the necessity of another car wash. He asked the commissioners to vote no on this request. • Bryson Arvanitis, 2509 Bay Boulevard -- He provided handouts to the commissioners (SEE ATTACHED). He is the new owner of the car wash next to this proposed car wash. He bought it nine months ago. He described the new equipment that he has recently installed. Presently, this property is being redeveloped. There are many renovations being made to help with the noise problem. He is adding features that add to the nautical theme. The irrigation has been redone, and several canopies will be added. On busy days his car wash can do approximately 300 vehicles. In the off season they do about 100. He opined that, if this car wash is built, it will take business from the car washes that are already in Sebastian and may force one or more to go out of business. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING OF OCTOBER 7, 2021 • Ron Adamson, Sebastian -- He owns the original Sebastian Car Wash at 509 US Highway 1. He built the car wash at 509 US Highway 1 right next to the Mobile station. This car wash has been there for 32 years. He eventually added a second car wash which is across the highway from Walmart. Both of these have a block architectural design. He went on the website for Caliber, and the only picture shown was a building that looked like an industrial building with a flat roof. He feels that there is not a need for an additional car wash. If he had felt there was a need, he would have built the third one if there was a need. He pointed out the car wash on CR 512 (Sebastian Boulevard) and the fact that there have been several owners there because there is not a need for that car wash. That building was shut down for quite a while because there was not enough business. • Ronald Postlethwaite, 909 Gulfstream Avenue, Sebastian -- He is personal friends with Mr. Adamson. He helps out at different times at the car wash. Sometimes things are slow. Mr. Adamson is a hard worker, and when businesses such as his that stay in business for many years, that looks good for the City. He stated that less than two years ago Mr. Adamson spent $176,000.00 to modernize his automatic car wash because he knew that in order to run a successful business, there needs to be money set aside for capital improvements. He feels that if this new car wash is installed so close to Mr. Avanitis' car wash, it will take business from the present car wash. He does not think Sebastian needs another car wash. • Jerry Czernewski -- He is the current manager at the Purple Pelican Car Wash. He stated that the applicant said that they do not have self-service bays; however, the 18 vacuum cleaners are self-service. There are surveillance cameras at the car wash that he works at, and there is very little activity there after dark. They close the washes at 11:00 p.m., but the vacuums are open all night. If necessary, they can shut those vacuums off at a certain time. Ms. Bosworth emphasized that this hearing is only asking for a special use permit. She repeated that staff s main concern is the site location of this fourth car wash being less than 500 feet from the present one. There is also concern about the exponential noise for the neighbors to the east and because of the additional car wash coming in, the risk of a single -purpose building being left vacant if any of them were to go out of business. She also reminded the commissioners that the purpose of this meeting is to present a recommendation to City Council. If the commissioners vote to recommend approval, staff would then like to have time to discuss some recommended conditions of approval that would be forwarded to City Council. Mr. Rooney thanked Ms. Bosworth for her candor during the process of this application. His people knew what the issues were and are working through those issues and would PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF REGULAR MEETING OF OCTOBER 7, 2021 continue to work through those issues if the special use is permitted. He added that he has worked with many entities that were single purpose buildings and has heard the same arguments raised as were raised this evening. He pointed out that economic considerations these kinds of competition -based considerations —are generally not applicable at proper zoning procedures. Even in the places where they have been challenged, they at least had standards. Sebastian's standards do not address those considerations. He stated that Ms. Siebein will address the noise concerns, particularly of the neighbors. She will describe how the studies were determined. He will also ask Mr. Brown to come up and address the competition issue. He suggested that because of the difference between what Mr. Postlethwaite said was $8.50 for a car wash, they are not direct competitors. They have different products, they have different levels of investment, and they offer something different to the customers in Sebastian and the surrounding areas. Ms. Keely Siebein reviewed that her people built a 3D noise model with a state-of-the- art noise modeling software system. They were able to populate the noise model with all of the different noise sources that would potentially be operating. There was every single piece of equipment operating at the exact same time and 80% of the vacuum stations operating at the same time. All of the steps for reducing noise that are being proposed combined together allow the car wash to be able to operate and meet the residential noise ordinance limit to the surrounding properties. In terms of the noise combining from both car washes, that is something that she can look at in the noise model. Mr. Brown added that there was discussion about 18 vacuums going at the same time. He explained that the louder noise source is coming from the motor, which is near the building. Each of the 18 nozzles has a hose, and the nozzles are much quieter than the louder noise of the tunnel and the motor that is creating the suction. Now is the opportunity for the commissioners to put the conditions in there to make this acceptable to the City of Sebastian. He also pointed out that competition is good for the consumer. Mr. Alvarez called for comments/questions from the commissioners. Mr. Simmons: It appears that one of the primary reasons to turn down this request is the fact that somebody is going to be a loser in the car wash business. His question is regarding whether it is the place of the commissioners to pick winners and losers. Ms. Bosworth stated the staffs main concern is the single -purpose buildings structures that these businesses use. Mr. Simmons stated that that assumes someone will go out of business. Ms. Bosworth said it is in conjunction with staffs concerns of two car washes close to each other regarding the noise. That is staffs number one concern for the residents and the surrounding businesses. She suggested that this concern would go PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF REGULAR MEETING OF OCTOBER 7, 2021 away if the car wash was located somewhere else such as the three car washes in the City presently are located —at least a few miles apart. Ms. Kautenburg: (1) Asked a question of Mr. Schrader regarding the proximity of his property to the proposed car wash. She assumes that he knew there was an existing car wash in the vicinity and asked if he made any inquiries as to what the use of the other vacant land might be. Mr. Schrader stated the car wash presently in operation does not affect his property. She asked Mr. Schrader if he made any inquiries as to what that land could possibly be used for when he purchased his property. Mr. Schrader said he looked at everything else around that area, and he thought it would be a medical office. (2) Asked Mr. Rooney regarding the other pieces of commercial property along US 1 slightly to the north of this property that are on the market, why this property was chosen. Mr. Rooney asked Mr. Brown to address this question. Mr. Brown stated it was a combination of price and location. (3) She is concerned with the proximity of single-family residential homes to this piece of property. She is aware that this property is situated in an area that requires a special use permit. She believes the reason for that is because this particular request is a very unique and distinct usage for the property which requires a unique and distinct single -purpose building. Another concern is about allowing a single use building which may in the future be unused and may go into a state of disrepair with the passage of time. (4) She is also concerned about allowing a special use permit for a business, since this is in a mixed -use district, that may be detrimental to other businesses or residences in the area. Noise is another concern for her. Mr. Qizilbash: (1) Stated that all his concerns have been discussed by Ms. Bosworth and other commission members. His opinion is that this is the wrong location for a car wash. (2) Another concern is that having this business in this area will devalue the property of adjacent homeowners. Mr. Christino: (1) Questioned the reason for the height of the redesigned building, the front elevation in particular. Mr. Brown stated this is to comply with the pitched roof that was requested by the City of Sebastian. (2) Inquired regarding the price of a car wash. Mr. Brown stated the basic is $10.00 for a single wash, and $15.00 and $20.00 washes as well as subscription plans are also available. (3) Asked what would be the color scheme of the building. Mr. Brown stated it would be primarily white with blue and gray accents. (4) He agreed with Mr. Qizilbash's concerns regarding the proximity to the residential neighborhood. (5) He shares the concern of staff that there may be a single use building that may lie unused for years and become an eyesore. (6) He suggested another location for the business. Mr. Alvarez: (1) One of his concerns is the proximity of the entranceway across the road from the church. That church has a lot of activity, and there have been accidents there in the past. That is why they have a police officer there to direct traffic during PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF REGULAR MEETING OF OCTOBER 7, 2021 special events and masses. (2) Another concern is the noise. (3) He is of the opinion that Sebastian has enough car washes. Mr. Alvarez called for a motion. Mr. Anon explained that the motion should be to either approve with the conditions as set forth in the staff report or to deny the application. A motion was made by Ms. Kautenburg to recommend to City Council that the request for a special -use permit by Caliber Car Wash, 13070 US Highway #1 be denied based on the consideration that this particular special use would have a negative impact on the surrounding and adjacent properties and seconded by Mr. Simmons. Roll Call Ms. Jordan (a) -- Yes Mr. Alvarez -- Yes Mr. Christino (a) -- Yes Vote was 6-0 in favor. Motion passes Mr. Qizilbash -- Yes Mr. Simmons -- Yes Ms. Kautenburg -- Yes Ms. Bosworth followed up for the residents who did come to the meeting that this was a recommendation to City Council. Staff is looking to bring this before City Council on November 10th, but that date needed to be verified. Letters will also be sent out to surrounding property owners for that public hearing, or there may be consideration to move it to another meeting date. She pointed out that if a member of the public received a letter notifying him or her of tonight's meeting, they will receive a letter for that meeting also. VII. Unfinished Business -- None VIII. Public Input -- None IX. New Business -- None X. Commissioners Matters -- None XI. Citv Attornev Matters -- None XII. Staff Matters Ms. Bosworth introduced the new planner in the department, Ms. Erin Taylor. She will be taking on zoning applications such as accessory structures, model homes, etc. Ms. Bosworth announced that the next scheduled meeting has been moved up from October 21 st to October 14th. She has provided this evening the agenda packet to the commissioners for next week's meeting. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 10 MINUTES OF REGULAR MEETING OF OCTOBER 7, 2021 XIII. Adioumment There being no further business, the meeting was adjourned by Mr. Alvarez at 7:45 p.m. A CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OCTOBER 14, 2021 Call to Order -- Vice -Chairman Alvarez called the meeting to order at 6n. Pledae of Alleaiance was recited by all. C N III. Roll Call Present: Not present: Also Present: GA � co E I°I Ms. Kautenburg Mr. Christino (a) a. E Mr. Carter Mr. Qizilbash p Ms. Jordan (a) Mr. Alvarez (� _� 01) �y Mr. Roth -- Excused C Mr. Hughan -- Excused A E o 2 Mr. Simmons -- Excused O a a W R! A Ms. Dorri Bosworth, Community Development Manager Ms. Michelle Faulkner, Planner Mr. Manny Anon, Jr., City Attorney Mr. Joseph Perez, AV Technical Assistant Ms. Janet Graham, Technical Writer (Zoom) Dr. Mara Schiff, Indian River County School Board liaison, was not present. IV. Announcements and/or Aaenda Modifications Mr. Alvarez announced that Mr. Hughan, Mr. Roth, and Mr. Simmons are all excused from this meeting. Mr. Christino and Ms. Jordan will be voting in their places. V. Aooroval of Minutes -- None VI. Quasi -Judicial and Public Hearinas A. Public Hearing -- Recommendation to City Council -- Preliminary Re - Plat of a Portion of Tract C, Sebastian Lakes Unit 1, for a Project Known as Brooks' 512 Commercial Development -- A Two -Lot Subdivision -- PUD-R Zoning -- Sebastian Boulevard between North County Library and Entrance to Sebastian Lakes Subdivision Mr. Anon read the item into the record. Mr. Alvarez called on the applicant for their presentation. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 Joseph Schulke, P.E., Schulke, Bittle & Stoddard, Vero Beach, Florida is representing the applicant, Dr. Brooks, who owns the property in question. He is familiar with this property, having worked on the Sebastian Lakes project 20 years ago. He reviewed that this site is an approximately two -acre site. It has a stormwater pond on it that services both this site and the residential subdivision behind it. There was approval for a preliminary plat and construction drawings to reconfigure that lake, fill in a portion of an old lake that was contiguous onto the library site as well. A few years ago the lot was reconfigured, the other lake was filled in. In the interim, Dr. Brooks has had interest from several people who do not want to buy the entire parcel, but maybe divide it into two different pieces. It is served by the same lake that is part of the drainage system for the residential subdivision to the south as well as for this commercial piece of property. It is all a part of the Sebastian Lakes PUD. The site will be accessed not through the subdivision but through CR 512. The plans do not show an access right now, but there are letters on file with the City that the Indian River County Public Works Director has said that he will grant an access. It will depend on what comes in for the site plans for two lots —whether it is going to be closer to the intersection, whether they need right turns or not. That subject will be revisited when it is known what is going to be on the property. There is sewer to the site that comes from Sebastian PUD at the southeast corner. There is also a sewer main on CR 512, so there are actually two methods of getting sewer. There is a water main on 512. There is also a water main along the entrance into Sebastian Lakes on the western property side. The site is prepared and ready to look for future development for a couple commercial uses on those two lots. The commissioners will see the application again when site plans are prepared for both lots, and have the opportunity to further scrutinize access location, development intent and the landscape plan, buffering, etc. Tonight the applicant is here for the commissioners to recommend approval to City Council to allow the applicant to go forward to split the property into two lots. Mr. Alvarez called on City staff to speak on this matter. Ms. Bosworth explained the PUD zoning. The code allows a percentage of a residential PUD can be commercial. Even though the zoning is PUD-R, it has an underlying zoning of Commercial General for this property. The Winn -Dixie, Walgreens, and the Seacoast Bank are all part of the Sebastian Lakes PUD. The drainage is all interconnected. She reviewed that this was previously approved as a one -lot commercial subdivision in 2015. Dr. Brooks wanted to prepare the property for sale, and there was a lot of vegetation on it. He knew he was going to reconfigure the pond, and he also wanted to fill in the other pond that was determined not to be a natural wetland, so there was no mitigation. After approval of the construction drawings, there were various times of stagnant construction on the one -lot commercial subdivision. At one point the property was in noncompliance with portions of the City code. It was taken to the special magistrate and the owner was given a certain time to get the property in compliance. Since then, there are now two different buyers who are showing interest in the property. The owner has decided to come back with a two -lot PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 commercial subdivision. The previous application was voided, and the applicant had to begin all over with the same requirements, update a lot of their analyses and reports. She discussed how the entrance will be addressed, and easements that would be needed were established. There are some utility easements on the present application that were not shown on the first application. There is a drainage easement so that the drainage from lot 2 can go across lot 1 into the tract 1 for the stormwater pond. When the site plans come in, staff will most likely have to establish access easements. Ms. Bosworth reviewed that in the current staff report the conditions of approval for the one -lot subdivision, of which there were four, were met. They had to meet those before the City issued the land -clearing permit. A couple of those conditions have carried over to this plat also. One of them was that they had to provide a stormwater easement for the reconfigured drainage pond and a sign easement for the existing subdivision entrance sign. Their entrance sign is on this property. There is also a sidewalk that goes along their entrance that is on this property. Staff had made that a condition of the first plat. However, after that plat was approved, an existing document for that easement already established was found. The other condition of approval was that they had to provide a written agreement between the owner of this subdivision and the Sebastian Lakes subdivision regarding maintenance responsibility of that reconfigured pond. That has been included in the commissioners' agenda packet. The master homeowners association is responsible for maintenance of that pond as well as those businesses who occupy either one of these lots will also have rights to that pond, and they also have to maintain their pipes. Because these conditions have been met, staff is recommending approval of the two -lot commercial subdivision. Ms. Bosworth added a condition that the existing large dead trees and the sickly pine trees along Sebastian Boulevard be removed during new construction. If this application is approved by City Council, the next step is for the applicant to come in with construction drawings, and construction will start again. Once finished, they will be able to bring in the final plat application which will be recorded. At that point, the property will be stabilized and leveled, and then the property can be sold once that final plat is recorded. It will be up to the two new owners to bring in their site plans at their convenience. Staff has no timeline on when the properties are going to be developed. At this point, staff wants to get the subdivision done, final platted, and the property looking good again. Mr. Alvarez called on anyone who is in favor of the project to speak. • Dr. Brooks, Vero Beach. He is the owner of the property. He reviewed what he has done on this property in the way of preparing the property for sale. He described the offers he has had to sell the property. He is requesting the property be divided because he has two local people who want to buy it. He has the contracts. They do not plan to build for another 2-1/2 years. They will keep the property in good shape. One is PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 a dentist, and the other is a restaurant. He has had several other offers lately. The price of that property has gone up since he guaranteed the two entities listed above that he would sell it to them. If the City does not allow him to divide the property, he has offers from others that would be more detrimental to the residents who live in the area. There being no one else in favor of this project who wished to speak, Mr. Alvarez called on anyone from the public who wished to speak against the project. • Kelley Fass, 1281 Sebastian Lakes Drive -- The concern of the community is the entrance(s) into that property. One entrance would be a lot easier. Just to get in and out of the community right now onto CR 512, it is extremely busy. The other main concern is the fact that, since they cleared the property, there is so much noise and dust in the homes that back up to 512. All the trees were removed, and so there is no buffer there at all. The residents of Sebastian Lakes would like to make sure that there is some type of buffer, something that will diminish the noise as well as keep the sand from spreading to the residences. Mr. Christino said, to reassure her, when that property does get to the point of development, the property owners will have to present a site plan, and the City is very adamant about planting trees and buffers in order to protect the surrounding areas. He added that CR 512 is a County road, so it is regulated by the County. City Attorney Marion pointed out that, per Roberts Rules, all the discourse needs to go through the Chair. • Mary Hamilton, 1435 Tradewinds Way -- She lives directly behind the property that has been cleared. There have been several times when trucks with dirt filling these ponds. As Ms. Fass stated, there is no buffer now to speak of like before when CR 512 was a distant sound. Right now, it is like in the residents' back yards. She feels that the residents who have lived there have been disrupted ever since the bulldozing began. She added to what Ms. Fass stated --she feels a buffer zone needs to be put in prior to 2-1/2 years from now. She is requesting a buffer zone now. • Harold Stakey, 1420 Tradewinds Way -- His philosophy is that good neighbors make good neighbors. First, they came in and bulldozed everything off the ponds. He feels that, if you act like a good neighbor, maybe people would not be so concerned. • Liz Collia, 1430 Tradewinds Way -- She described that her house is situated in the crux between the library and the property that is being talked about. She is very concerned as to the amount of activity that is going to be going on over the next two years. She thinks the library is going to do quite a large addition, which is bringing the parking lot closer to the residents' houses. So there is going to be a lot of evening activity, etc. She is worried about the noise to pick up the garbage, noisy activity, etc. She has seen people in the parking lot at the library sleeping in their vans, etc. That is PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 a concern from a security perspective. Her neighborhood has gotten so noisy between 512 and Laconia that she cannot keep her front door open anymore, and this is going to aggravate the situation from a noise perspective. She also questions about the value of their homes. She wanted it on the record that there is a Declaration of Covenants, Conditions and Restrictions. that was put on in 1999 that does not allow an auto business and does state certain things regarding signage, lighting, no garage doors in the back of the property, garbage cannot be seen, and things like that. • Stella Garofalo, 1442 Tradewinds Way -- She has lived in the Sebastian Lakes community for 17 years. She has attended many meetings and written letters to the Planning and Zoning Commission regarding the parcel known as the Brooks' 512 Commercial Development. She read a timeline that she had prepared of activity regarding this property, and she provided a copy to Mr. Anon (SEE ATTACHED). She stated that a daily fine of $100.00 for failure to adhere to the code was levied at a Special Magistrate hearing. She added that the residents of Sebastian Lakes subdivision are counting on this Commission to monitor the projects to prevent the issues that have already been experienced. She further stated that Dr. Brooks may be seeking to be relieved of the fines. She wonders what incentive there would be for the two new owners to keep to a schedule and requirements if they know there would be no penalty. Ms. Garofalo presented photographs of bags of dust and dirt that were collected by vacuuming her floor every day during the height of all the activity, which she gave to Mr. Anon (SEE ATTACHED). • Liz Murphy, Sebastian Lakes -- She has all the concerns of the residents who spoke before her this evening. She stated that behind the other stores and shops there is an alleyway that divides the houses from the commercial properties. That is not present in the area that is being discussed tonight. She is aware that all the lakes are interconnected. She has noted in the last couple of years, ever since the other lake was filled in, the drainage is bad. The water fills the streets because it has nowhere to go. During heavy rains her front and back yards are under water. That is her main concern. • Shelby Bacon, 1437 Tradewinds Way -- She is not concerned about whether there is one lot or two lots on this property, as long as there can be a barrier installed before the development starts. The situation has been present since 2015. Her family cannot enjoy their pool anymore as it is filthy all the time from the dust. There is also noise that has become worse. She is asking that a barrier be put up now to help with the noise before all the building, etc. begins. • Michael Tunick, 1327 Shoreline Circle, Sebastian Lakes -- He has several concerns, the main one regarding there being a lot of elderly people living in this community. Creating an entrance/exit which will make the traffic situation getting out onto CR 512 might be creating a hazardous situation. It is already hard to get in and PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 out there, and by adding to the traffic pattern, it is going to make things worse. His other concern is about there possibly being an establishment on one of these lots that will be serving alcohol and will be open late at night. He feels that the residents of Sebastian Lakes have been held hostage for the last 4-1/2 years because of one man and what he wants to do. He does not feel there has been any consideration at all for the residents of Sebastian Lakes. • Laura Stakey, 1420 Tradewinds Way -- Her concern is that the owner knew when he bought the property that it was zoned for one lot, and now it is going to be divided into two lots. She questioned how zoning can just be changed. Mr. Alvarez stated the zoning is not being changed. Ms. Bosworth explained that zoning districts will establish the minimum size of properties. If there is a particular size of property and it can be subdivided to still meet the zoning requirements, then the property owner has the right to subdivide. Ms. Stakey asked if there will be more parking needed for two businesses. Ms. Bosworth stated that it will be based on use. A dentist office will probably require less parking than a restaurant. Where there will be restrictions relates to the size of the buildings. Ms. Stakey stated that the residents of Sebastian Lakes feel that that property is a disaster, and she would like things taken care of. • Tom Fleishell, 1312 Shoreline Drive -- He asked which commissioners have gone and looked at this property. Two commissioners stated they had. Others stated they had driven by. He reviewed what Dr. Brooks had said during his presentation. He likes Sebastian very much. Mr. Alvarez informed Mr. Fleishell that he had five minutes to speak. Mr. Anon reminded everybody that all discussion needs to go through the Chair. Mr. Fleishell opined that the previous public speakers have presented good reasons why this should be subdivided -- traffic, alcohol, etc. There being no one else from the public to speak, Mr. Alvarez called on Ms. Bosworth to address the comments/questions that have been submitted by the public. Ms. Bosworth explained that what is before the commissioners tonight is just the subdivision of land. It meets the City's code regarding the sizes. There is no covenant or deed restriction that says that this property cannot be further split. There is the right for the property owner to split it. A lot of the concerns from 2015 have not been addressed because the subdivision is not complete. He has not completed construction. So, if there were to be a fence, etc., he still has some grading to do. That is one of the items that went before the Special Magistrate. This property is receiving a daily fine until this subdivision is finished, whether it is the one lot or this proposed two lots. With regard to future development of the property, such as site plans, staff will be looking at all of these things. The City code does address that, if you are a commercial property adjacent to a residential district or uses, there is some additional buffering, additional lighting and noise concerns and considerations that staff will be looking at. Staff has already started to look into that, in that the proposed utility easement that runs PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 along the rear of these two lots was proposed to be 10 feet. The code requires for development of those lots to have a 10-foot landscape buffer that will be going around each one of these lots when the site plan comes in. Staff asked that the easement be increased to 15 feet so that the utilities can be put in there and also the increased landscape buffer. However, it did occur to Ms. Bosworth that a lot of the residential subdivisions, the larger PUDs, around the perimeter of them along the streets/roads, before even they start building houses there is a landscape buffer around them. She did find something in the code book that does talk about buffers for subdivisions, not for site plans. There will be landscape installed when those uses come in. It does say that buffer zones, either open-faced or specially vegetated, may be required between adjacent incompatible or potentially incompatible land uses at the subdivision stage. So in the commissioners' discussions, if they would like to recommend to City Council — especially in light of the fact that the property owner has stated that most likely development would not occur for 2-1/2 years —that the commissioners could require vegetation and/or fencing or a wall along the south side once all the grading is done on the property so that some of that noise from CR 512 at least would be buffered by some additional landscaping while the property is being developed. Regarding the stormwater, Ms. Bosworth reviewed that coming out of tract 1 there are some pipes that go back to lots 54 and 55. There is also a stormwater pipe that runs under the entranceway. Those pipes may be blocked yet because, again, the construction is not finished. If these pipes are blocked or not open, that may affect their drainage. Also, the library has two rear stormwater ponds that the library has not maintained. These ponds are all interconnected. The library has agreed that when they begin the construction of their building, they are going to be reestablishing those ponds according to the St. John's original permit was. She suggested that the combination of this property not being finished and the absence of maintenance from the library site, which will be taken care of, she is hopeful that after completion of all that work, it is going to help the drainage flow for the interconnected ponds. Ms. Bosworth pointed out that what is being looked at presently is just the subdivision of the property, not any concerns with the uses yet. Staff is aware of everyone's concerns. She suggested that the commissioners may want to recommend a buffer along the south side that would be a part of the construction plans at the subdivision stage. Mr. Alvarez called on the property owner for comments. Dr. Brooks stated the site that he has already filled in has nothing to do with any drainage in the Sebastian Lakes area. It is in the front right next to the library next to CR 512. It is not close to any residential area. He also stated that most of his property is buffered because of the Sebastian Lakes property. He stated that he was told that he could not do any work on this property such as landscaping. As soon as this application is approved, he will do it. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 Mr. Alvarez called on Mr. Schulke for his final comments. Mr. Schulke discussed the question on the zoning, and the zoning is not changing. By subdividing there are not necessarily going to be any more businesses added. Per the zoning, there could be a strip center installed that has more businesses there on one lot. He suggested that, by subdividing to two, you are probably narrowing down what can be put there, probably two independent uses. As far as buffering, he put the plat on the monitor to show what has been talked about. Mr. Schulke reviewed what is on the drawing and made some markings to better show the property in question and the adjacent properties. He stated that there is a tract that Sebastian Lakes Properties Association owns, and he pointed that out on the drawing. There is an existing buffer tract that was planned on the master plan for the Sebastian PUD that actually provides for that buffering already. There are trees there that Dr. Brooks cannot touch, and there is an opportunity for the Property Owners Association to improve that area as well by adding trees, etc. If the commissioners decide they want to require a landscaped strip, he suggested that it can be done in that area. Regarding stormwater and drainage, Mr. Schulke reviewed that the lake area on the west side of the property is part of the property and is part of the master stormwater system for the Sebastian Lakes PUD. The Sebastian Lakes stormwater system takes all the stormwater from the Walgreens, Winn -Dixie, the library, and from the nursery, and it all goes into the lakes, and they are all interconnected. They ultimately outfall by the entrance and into CR 512. Mr. Alvarez called on the commissioners for their comments/questions. Mr. Qizilbash: (1) On the south side of this property, it is a mid -density residential area. Since there was mentioned a landscaping buffer of 15 feet, why don't we call it a utility easement and landscape buffer? Ms. Bosworth stated the buffer requirement in the code goes more with the site plan. It is going to be required at the site plan —it is going to be a 10-foot landscape perimeter buffer. That will have to be put in whether it shows on the plat or not. There is a landscape buffer that is part of the HOA of the subdivision that they certainly can beef up with some additional landscaping, but the City does not have any say in that. There cannot be parking in that area because of the utility easement. (2) His concern is whether this will take 5 years or 10 years and it is not developed. Ms. Bosworth explained that the landscaping would be required as part of the construction plans. The construction would not be final until the extra buffer is put in. (3) If this is going to be 2 lots, it should also be mentioned that there will be a 20- foot traffic easement. Ms. Bosworth stated that had been discussed, but because it was not known as to the location of the building and where the traffic would flow and where the parking would be, staff did not want to establish any type of traffic access easements at this time. The easements will be established with the first site plan application. Mr. Christino: (1) Stated the commissioners recently approved construction by the library. He inquired what the proximity of this project is to that. Mr. Schulke stated the applicant's site shares the same property. Their west property line is this site's property PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 line. (2) Regarding the impact on the Sebastian Lakes residents, the impact of the retention pond that is currently on the property, will two be combined into one? Ms. Bosworth stated that the St. John's permit for the entire subdivision already included the maximum amount of impervious area for the two acres, as noted in the staff report, 1.4 acres of impervious area, which is 80% of the lots, which is what the commercial general maximum allows. (3) Asked if there is any potential for a negative impact on the retention ponds that are located in Sebastian Lakes from this. He asked if they are connected by a pipe underground. Ms. Bosworth stated there are a couple different pipes, but it has all been reviewed by St. John's as long as they do not build over that maximum impervious and the stormwater system is maintained. (4) The dust is a health concern. His experience that when managing and building large tracts, it would be required that calcium chloride be applied in a spray from a truck every couple weeks to keep the dust levels down. Ms. Bosworth stated that the construction plans for the one -lot subdivision clearly state that it has to be sodded and stabilized to finish construction. That has been the issue —the subdivision has not been finished. If the final grading has occurred, after that they have to seed, hay, stabilize the banks with sod, and that has not been finished, and again, that has added to the dust complaints. Those are the same requirements for the two -lot subdivision: they are going to have to stabilize, sod and seed the open area. They do not have to wait for a site plan to come in; they have to stabilize, sod it, and seed it. Once the final plat is recorded, the City staff considers the subdivision complete, and the daily fines will stop. But that is all part of the construction plans that have to be finished. The property is not going to stay how it is presently for 2-1/2 years because we are dividing this into two lots. (5) He understands that the Sebastian Lakes HOA have land that where they can establish a buffer themselves. His concern is the utility easement has not been established, and he would not want to see trees, etc. installed over a utility easement. Ms. Bosworth stated that, if this plat is approved, this does establish a utility easement to the rear. Ms. Bosworth stated there is a tract Al. She would have to refer to the plat to see what that is dedicated for. It may be specifically landscaping. The City would not be able to require them to plant, but they do have that opportunity to add more landscaping on that easement. Ms. Jordan: (1) If she understands the map, it shows the south side of the plots and based on what Ms. Bosworth is saying, there will be 10, maybe 15 feet for both utility easement and an extra 5 feet for landscaping. Ms. Bosworth stated it would be 10 feet for landscaping and an extra 5 feet to put the utilities in. (2) Asked if the subdivision is aware that they have that property in order to make a better buffer. Ms. Bosworth stated that from the aerial view there appears to be a few large trees, but that area is not opaque. (3) Stated it is not the Commission's responsibility, nor the City's responsibility. But the Sebastian Lakes HOA has the responsibility for that property that belongs to the subdivision. (4) For the purpose of getting this application approved, we should include the 10-foot, plus 5-foot buffer for the utilities and the landscaping on the PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 10 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 south side so that growing a buffer can be started now, regardless of when Dr. Brooks gets everything done. Ms. Bosworth stated that what Mr. Qizilbash is recommending is that a landscape buffer be placed within the utility easement also. Ms. Kautenburg: (1) Stated that this has been a concern of the commissioners since 2015 as well. She wanted to assure the public that at least every meeting for the past year this has been part of the Commission's comments —What is going on with that property? Why is it not being taking care of? It is an introduction into the City, and the commissioners are not happy with this. (2) Has concerns about how small the lots are when they are divided. She is aware that the objective is to get something decent there. If there were to be 2-1/2 years before anybody does anything, she does not think that is acceptable. She would like to have something done before that. Mr. Alvarez: Is concerned about the buffer and would like to see something done soon. Mr. Alvarez called for a motion. A motion approving the preliminary re -plat of a portion of Tract C, Sebastian Lakes Unit 1, for a project known as Brooks' 512 Commercial Development, a 2-lot subdivision, PUD-R zoning, Sebastian Boulevard between North County Library and the entrance to Sebastian Lakes subdivision with the condition that a buffer zone of 10 feet plus 5-foot utility be established with a 6-foot-high opaque landscape buffer that would have to be planted, as well as removal of designated dead trees and pine trees being removed and recommending forwarding this on for approval by City Council was made by Mr. Christino and seconded by Ms. Jordan. Roll Call Mr. Qizilbash -- Yes Ms. Kautenburg -- Yes Ms. Jordan (a) -- Yes Mr. Christino (a) -- Yes Mr. Carter -- Yes Mr. Alvarez -- Yes Vote was 6-0 in favor. Motion passes. Ms. Bosworth explained for the residents who attended the meeting that this is a recommendation to City Council. The final hearing before City Council will be on November 10t", and residents who received a letter for this meeting would also receive a letter for that meeting. City Council will make a final decision, and the residents will have the right to speak to City Council and voice your concerns. They will also take into consideration Planning and Zoning Commission's considerations. VII. Unfinished Business -- None Vill. Public Input -- None PLANNING AND ZONING COMM ISSION/LOCAL PLANNING AGENCY PAGE 11 MINUTES OF REGULAR MEETING OF OCTOBER 14, 2021 IX. New Business -- None X. Commissioners' Matters Ms. Kautenburg asked for clarification of the ordinance that when someone owns an adjacent vacant lot, the item(s) stored on it must be stored in a neat and orderly manner or under cover. There is that situation existing in her neighborhood. Ms. Bosworth explained that under the Nuisance Code, first the City would make sure that the lot is unified to the principal structure. At some point it would be Code Enforcement's decision if it was a nuisance. If it were considered a nuisance, the property owners could be cited under the Ordinance Nuisance. XI: Citv Attomev Matters -- None XII. Staff Matters Ms. Bosworth stated that tonight's meeting was in lieu of next week's regularly scheduled meeting. So there will not be a meeting on the 21 st. There will be a meeting on November 4 , which is the regularly scheduled meeting date. Last night at the City Council meeting they had the first readings for four annexations, and they have determined that they would like to continue on with those. What will be before the commissioners is all of the future land use and zoning applications for those annexations. Information on those will be in the commissioners' agenda packets. There is another property that is already annexed in, but they would like to change their land use and zoning. XIII. Adiourn There being no further business, the meeting was adjourned by Mr. Alvarez at 7:30 p.m. jg MIN SEBASTIA HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency November 4, 2021 ITEM 6.A. LPA Legislative Public Hearing — Recommendation to Citv Council Comprehensive Plan 2040 New Element 10: Private Property Rights Statutory provisions in Chapter 163, Florida Statutes related to comprehensive plans were amended June 29, 2021 to require each local government to adopt a property rights element into their comprehensive plan. Inclusion of the property rights element is intended to protect private property rights and to ensure they are considered in local decision -making. Section 163.3177(6)(i)1, Florida Statutes requires a local government to adopt and include the property rights element in its comprehensive plan for any proposed plan amendment initiated after July 1, 2021. A proposed comprehensive plan amendment is initiated on the date the amendment is first considered at a public hearing, as outlined in Section 163.3174(4), Florida Statutes, held by the local planning agency. The City should not be adopting any large or small scale amendments until the Property Rights Element is adopted. The Element is required to be a separate Element within the Comprehensive Plan. Attached Dlease find FS 163.3177(6)(i) for vour information. Therefore, staff is presenting Element 10, Private Property Rights (Exhibit A) for consideration and recommendation to the City Council. The 2021 Florida Statutes, 163.3177 required and optional elements of comprehensive Dian (6)(i)1. In accordance with the legislative intent expressed in ss. 163.3161(10) and 187.101(3)that governmental entities respect judicially acknowledged and constitutionally protected private property rights, each local government shall include in its comprehensive plan a property rights element to ensure that private property rights are considered in local decisionmaking. A local government may adopt its own property rights element or use the following statement of rights: The following rights shall be considered in local decisionmaking: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. 2. Each local government must adopt a property rights element in its comprehensive plan by the earlier of the date of its adoption of its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to s. 163.3191. If a local government adopts its own property rights element, the element may not conflict with the statement of rights provided in subparagraph 1. EXHIBIT A PRIVATE PROPERTY RIGHTS ELEMENT Goal 10-1: Private Property Rights. The City of Sebastian shall consider, amongst other factors required by the Comprehensive Plan, Land Development Regulations, or Code of Ordinances, judicially acknowledged and constitutionally protected private property rights in local decision making. Objective 10-1.1: Establish Private Property Rights. The City of Sebastian respects judicially acknowledged and constitutionally protected private property rights and will ensure that private property rights are considered in local decision making amongst other factors required by the Comprehensive Plan, Land Development Regulations, or Code of Ordinances. Policy 10-1.1.1: Physical Possession and Control. The City will consider in its decision -making the right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. Policy 10-1.1.2: Personal Use of Property. The City will consider in its decision -making the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. Policy 10-1.1.3: Privacy and Possession. The City will consider in its decision -making the right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. Policy 10-1.1.4: Personal Use of Property. The City will consider in its decision -making the right of a property owner to dispose of his or her property through sale or gift. anit SEBASTIAN HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency November 4, 2021 ITEM 6.13. LPA Legislative Public Hearing — Recommendation to Citv Council Comprehensive Plan Future Land Use Amendment Soundview at Sebastian, West of US Hwy 1. Project Name: Soundview at Sebastian 2. Project Applicant: Code RE Partners, Inc. 9300 Conroy Windermere Road Windermere, FL 34786 #646-389-3050 3. Requested Action: Request is for a change from County C/1—Commercial/Industrial and City (CG) Commercial General Land Use to City (MU) — Mixed Use (Exhibit A) 4. Project Location: Section 20, Township 31 South, Range 39 East Subject Parcels are 29.57 Acres, More or Less Parcel # 31-39-20-000001-00000015.0 Parcel# 31-39-20-000001-00000016.0 Parcel # 31-39-20-000001-00000017.0 Parcel# 31-39-20-000001-00000018.0 Parcel # 31-39-20-000001-00000019.0 Parcel # 31-39-20-000007-0000001.3 Legals: See Legal and Survey (Exhibit 13) 5. Project Description The subject property is located west of US HWY 1, north of the Publix Plaza off Barber St., east of the FEC RR and south of 991h St. It is partially located within unincorporated Indian River County (northern +/- 22 acres) and partially located within the existing corporate limits and boundaries of the City of Sebastian (southern +/-9.57 acres). The proposed development is within the service boundary for municipal services and the applicant has provided statements addressing available infrastructure (Exhibit C). Current land use in the County is C/1—Commercial/Industrial and zoning is CG-Commercial General and CH - Commercial Heavy. Application has been made to amend the future land use to be compatible with the City of Sebastian Comprehensive Plan 2040. The properties land use amendment proposal is for (MU) - Mixed Use Land Use. The applicant does not have a proposed site development plan for the subject property at this time but has plans to pursue a PUD zoning after approval of the annexation and land use requests. These amendments appear to be compatible with the properties proposed mixed development of multifamily housing and commercial outparcels. The applicant is proposing to include attainable or affordable housing as a component of the multi -family development. Additional information will be available during the zoning and land development process. a. Site Characteristics (1) Total Acreage: 29.57 acres (2) Current Land Use(s): County C/1—Commercial/Industrial and City (CG) Commercial General (3) Current Zonina: County CG-Commercial General and CH -Commercial Heavy and City CG — Commercial General. b. Adiacent Properties Zoninq Current Land Use Future Land Use North: CG Commercial C/I (CNTY) East: RM-6 Vacant/Residential L-2 (CNTY) West: IN Industrial IND (CITY) South: CG Commercial CG (CITY) 6. Comarehensive Plan Consistency a. Chanaed Conditions: The proposed future change of land use to a mixed use development is compatible with the properties location on a major transportation corridor and adjacent to, and surrounded by, commercial establishments. The area is suitable as an urban corridor that supports a mix of uses, including high density residential, then for heavy commercial or industrial uses. b. Land Use Compatibilitv: As part of the entrance corridor into the City, the mix of uses is compatible with the adjacent urban services corridor. The purpose of the Mixed Use (MU) designation as stated within the Comprehensive Plan 2040, is to" provide a mixture of residential, office, commercial, recreational, limited industrial, and institutional uses that encourage town centers along major arterial corridors." In addition the proposed changes support policies and objectives of Objective 1-2.2: "Prevent proliferation of Urban Sprawl, performance standards ensuring that the location, scale, timing, and design of sprawl, shall be coordinated with public facilities and services in order to prevent the proliferation of urban sprawl, maximize public infrastructure, and achieve cost effective land development patterns." c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adeauate Public Facilities: Public facilities requirements for this proposed land use have been provided in Exhibit C. The property has provided assurance of the availability of sufficient public access from US HWY 1, 990 Street and Barber St. The property is within the current service boundary for water/sewer and public safety. In addition, public transportation and access to jobs/services is readily available. e. Natural Environment: The subject property contains natural areas that will be identified as part of the site plan process. All measures of natural resource protection will be addressed as part of the permitting and development process. f. Economic Effect: The property is currently available for heavy commercial use in the County. With the potential annexation and change in land use, the City may gain a much needed opportunity to expand their multifamily residential areas and provide attainable housing. These land use needs were addressed as part of the Comp Plan 2040 in the Housing element specifically Policy 3-1.1.7: Mixed Use and Policy 3-1.2.6: Access to Facilities and Services. This change of use may provide an opportunity to support a mix of uses, especially housing, to the City along the urban corridor. g. Orderly Development: The proposed land use change is consistent with the comprehensive plan and provides an orderly development pattern. 2 h. Public Interest: The proposed land use change is not in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040. 7.Conclusion: The requested land use change from County C/I and City CG to MU is consistent with the Comprehensive Plan and staff supports a recommendation of approval to the City Council from the LPA. Lisa L. Frazier, AMP 11/04/2021 PREPARED BY DATE 3 EXHIBIT A Permit Application No. City of Sebastian HOME OF Development Order Application i Applicant (If not owner, written authorization (notarized) from owner is required) Name: Jared Remington Address: 9300 Conroy Windermere Road, Windermere, FL 34786 Phone Number: (646 ) 389 - 3050 FAX Number: ( ) E-Mail: jr@codecap.co I Owner (If different from applicant) Name: North Miami Beach Commerce Center LC; Plaza of Cottages LLC Address: 15499 West Dixie Highway, North Miami Beach, FL 33162; 1265 36th Street, Vero Beach, FL 32960 Phone Number: (646 ) 389 - 3050 FAX Number: ( ) - E-Mail: jr@codecap.co Title of permit or action requested: 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 B-1/2° BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Soundview at Sebastian B. Site Information Address: 9757 and 9825 US Highway 1; 99th St; 97th St Sebastian, FL 32958 Lot: Block: Unit: Subdivision: Indian River County Parcel 4:31392000000100000017.0, 31392000000100000015.0, 31392000000100000016.0. 31392000000100000019.0, 31392000000100000018.0, 31392000000700000001.3 Zoning Classification: Commercial General Future Land Use: Commercial General - City Commercial Heavy Commercial/Industrial - County Existing Use: Vacant Proposed Use: Mixed Use C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): We are requesting a future land use change with the City of Sebastian from Commercial General to Mixed -Use. 31392000000100000018.0. 31392000000700000001.3 We are requesting a future land use change with Indian River County 31392000000100000017.0. 31392000000100000015.0 from Commercial/Industrial to Mixed -Use. 31392000000100000016.0. 31392000000100000019.0 DATE RECEIVED: / / FEE PAID: $ RECEIVED BY: Permit Applicaton No. D. Project Personnel: Agent: Name: Jared Remington Address 9300 Conroy Windermere Road, Windermere, FL 34786 Phone Number: ( 646 ) 389 - 3050 �-pX iNumber. ( � - E-Mail: jr@codecap.co Attorney: Name: Address y ' Phone Number: { ) - FAX Number: ( ) E-Mail: Engineer: - -- Name: Derek Ramsburg, P.E. `. Address 189 S Orange Ave, Orlando, FL 32801. Phone Number: (407) 427 1642 FAX Number: ( ) E-Mail: derek.ramsburg a@kimley-hom.com' Surveyor: Name: Address Phone Number: { ) - FAX Number: ( ) - E-Mail: p BEING FIRST DULY SWORN, DEPOSE AND SAY. THAT: I AM THE OWNER e1�]. AM THE LEGAL REPRESENTMIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLIC , D THAT THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE AC RATE TRU TH EST O NOWLEDGE AND BELIEF. Ile 1�2t NATURE �L DATE /000 SWORN TO AND SUBSCRIBED BEFORE ME BY 06P,47 WHO IS PERSONALLY KNOWN 10 ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF Y , 20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COM ISSION` amPIRAgN lm Green ---rr rrr Nq04eNotary Public �State of Florida OOFIV My Commission Expires 06/03/2025 Commission No. HH 137552 Permit APPIICBtion No. The following Is mquWd for all comptrohenslve plan amendmonbN nmins I amendments (Indudlne rezoning), site plans, conditional use permits, spoof use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S) / XTHE LEGAL- REPRESENTATIVE OF THE OWNER($) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE UWE MAY HAVE, DUE TO THE QUASNUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MYIOUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS)AKVERAND COOMENT 1 BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR P ISES E, B Y E LOYEE NT, CONTRACTOR OR OFFICIVDF ;/;,$ EBASTIAN. SI RE C Swom to and subscribed before me by V--of td �l1 who is personally knowp_tp, me or produced-, F'L ,sIe4 IILTI&Atle as identification, this day of 4ipl l 20�. Notary's Signature Printed Name of Notary Commission No./Expiration I , Seel: ' =o011" Pv'0 Tammy Green t Notary Public IDA State of Florida l My Commission Expires 06/03/2025 Commission No. HH 137552 Permit Application No. ZSl Supplemental Information HOME Of PELICAN 15LAND Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: City of Sebastian Designation = Commercial General Indian River County Designation = CommerciaVlndustrial 2. Proposed land use map designation: Mixed Use 3. Size of project in acres: ±29.57 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. The proposed change is consistent with the goals, objectives and policies of the comprehensive plan and the applicable ordinances. 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? The proposed amendment is consistent in that it will promote mixed use and a diversitv of housing types, serving people with different economic conditions. 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Yes, no non conformity with the Sebastian Code have been detected. Permit Application No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? As Sebastian has continued to grow, the need for new diverse mixed use projects with a diversity of housing types has been incorporated into the City's vision for itself. 8. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? Yes. The proposed amendment is Mixed Use which is compatible. 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? Yes, there are adequate facilities to serve this land use. 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. There is a environmental assessment in the making which will delinate any impacts. All impacts will be mitigated for appropriately. 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. No. this proposed amendment will be a benefit to the surroundina area and will promote growth. 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes. 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. Jc. A survey and legal description of the property for which the land use amendment is being requested. EXHIBIT C October 2021 Code RE Partners, Inc. 9300 Conroy Windermere Road, # 3246 Windermere, FL 34786 Ainkexation Request: Soxuidview MI-, Sebastian Annexation Request for 22 Acres October 1, 2021 Ms. Lisa Frazier Community Development Director City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Annexation Request of 22 Acres Property Location: between US Hwy 1 and Florida East Coast Railroad, south of 99th Street and north of 971hSt. Property Owner: North Miami Beach Commerce Center, L.C. Developer Requesting Annexation: Code RE Partners, Inc. ("Developer") Parcel Identification Numbers: 31392000000100000016.0; 31392000000100000015.0; 31392000000100000019.0; 31392000000100000017.0 Dear Ms. Frazier: On behalf of Code RE Partners, Inc., please accept this letter and accompanying documents as a request to voluntarily annex the above referenced 22 acres to be known as Soundview at Sebastian into the City of Sebastian. Included with this submittal is an agent authorization letter from the current owner, North Miami Beach Commerce Center, L.C. The Developer is contracted to purchase the 22 acres and an adjacent 4.05 acre parcel that was previously annexed into the City of Sebastian. The property is located inside the boundaries of unincorporated Indian River County but adjacent to the City of Sebastian limits on the south boundary. Concurrent with the City annexation application, the Developer is applying for a Large -Scale Comprehensive Plan Amendment. Proceeding these two applications, the Developer will proceed with application for the Planned Unit Development Rezoning and other necessary approvals in the coming weeks and months. The Developer's plan calls for 12 units per acre to build approximately 270 multifamily units with some units having income limits, along with 3-4 commercial outparcels along the frontage. The project will be financed by tax exempt financing. The existing land use for the subject properties is C/I (Commercial/Industrial) and the Developer is looking to amend the land use to Mixed Use which is a floating land use under the Comprehensive Plan. This will support our rezone application to a PUD from the existing zoning of Commercial General and Commercial Heavy. The following information is provided to support the property's negligible impact on the environment, public facilities and compatibility with neighboring properties: Environment Prior to submittal of a conceptual development plan, the following reports will be engaged: Environmental survey confirming status of wetlands and endangered species. • Phase I environmental report confirming no findings of environmental contaminants. Transportation The proposed development will have access along US 1 for both the multifamily portion as well as the commercial portions. There is the opportunity for cross access between these two uses to better accommodate and utilize infrastructure and access points. A complete traffic study will be done and provided as needed at the time of the PUD Rezone. Please see table below for average daily trips based off the current density and buildout: • Multi -family = 270 units o Daily Trips = 1,470 • Retail = 10,000 sf o Daily Trips = 444 *these transportation calculations are preliminary in nature, they are subject to change based on final determination of density and buildout Utilities The utilities for the development will be served by the Indian River County Utility Department. This includes a potable water connection as well as a forcemain connection for sanitary sewer. The utility maps from the County can be seen in Exhibit H. The calculated utility demands for the proposed project are as follows: • Multi -family = 0.85 ERU per Unit o 270 u n its = 229.5 E R U ■ Water = 229.5 ERU x 300 GPD = 68,850 GPD ■ Wastewater = 229.5 ERU x 300 = 68,850 GPD • Retail = 1 ERU per first 2,500 sf + 1 ERU per additional 5,000 sf o 10,000 sf = 2.5 ER U ■ Water= 2.5 ERU x300 GPD = 750 GPD ■ Wastewater = 2.5 ERU x 300 = 750 GPD *these utility demands are preliminary in nature, they are subject to change based on final determination of density and buildout Drainage The stormwater drainage criteria for the proposed development will consist of City of Sebastian regulations as well as the St. Johns River Water Management District. These consist of: 1. Post development run-off shall not exceed pre -development run-off for a 25-year 24-hour storm event 2. Treatment of run-off - greater of the first 1 inch of rainfall on -site or 2.5 inches of rainfall over the impervious over the site The proposed development of the site is required to comply with all local and state regulations for stormwater management. This will all be accounted for in the proposed conditions and final engineering. The governing agencies over this would include the City of Sebastian local drainage criteria as well as the St. Johns River Water Management District Criteria. The operation and maintenance entity of the development will implement a stormwater management program following the design and construction of the stormwater management system. Recreation The project plans to have a large swimming pool, BBQ grill area, club house, pond, dog park and other amenities. Based on the information above and more to follow through the Future Land Use Amendment and Rezoning process, the proposed annexation of the 22 acres will not adversely affect the neighboring properties, is consistent with the comprehensive plan, and would be an asset to the City of Sebastian. Not only will the annexation of this property increase the tax base, but it has been demonstrated to maintain existing levels of service for potable water, sanitary sewer, drainage and recreational area. Impact Fees • Recreation Impact Fee: o $975 per ERU = $975/unit x 270 units = $263,250 • Stormwater Impact Fee: o Multifamily • $10 per ERU per Month = $120 per year • 270 ERU x $120 per year = 32,400 per year o Retail • Dependent on impervious area of proposed development Attainable / Affordable Housing The project plan includes an attainable or affordable housing component. In order to qualify for Private Activity tax exempt bond financing, the property plans to offer 50% AM] (Area Median Income) income limits on 20% of total units = approximately 54 units. Please see the accompanying documents entitled "Tax Exempt Private Activity Bonds" from the IRS and "Multifamily Rental Housing: Financing with Tax -Exempt Bonds" by Orrick, Herrington & Sutcliffe LLP. The Developer has owned and operated over 12,000 affordable units over the last 10+ years. In addition to the project's objective of adding attainable housing to a market experiencing a shortage of quality affordable housing, the project plans to offer retail, restaurant and/or other "good fit" commercial out parcels along the frontage. This additional commercial component should enhance the attractiveness and experience of the new residents at the multifamily property. Vision Statement The Developer's vision for the project is to provide class A high quality, desirable for rent housing with easy access to shopping, the beach, and work throughout the Sebastian/Vero Beach area at a reasonable cost to residents. Please see the additional supporting information in the accompanying Exhibits below. We appreciate the City's consideration. Please don't hesitate to reach out with questions you may have. Sincerely, Jared Remington Code RE Partners, Inc. (646) 389-3050 it@codecao.co an a HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency November 4, 2021 ITEM 6.C. LPA Leaislative Public Hearina — Recommendation to Citv Council Comprehensive Plan Future Land Use Amendment MRC Conservation Parcels, West of St. Sebastian River 1. Project Name: MRC Conservation Parcels 2. Project Applicant: Marine Resources Council of East Florida, Inc. 3275 Dixie Highway NE Palm Bay, FL 32905 #321-725-7775 3. Requested Action: Land Use Change from City (LDR) Low Density Residential Land Use to City (CON) — Conservation Land Use. (Exhibit A) 4. Project Location: Section 26, Township 31 South, Range 38 East Subject Parcels are 7.88 Acres, More or Less Parcel # 31-38-26-00001-0004-00004.0 Parcel # 31-38-26-00001-0004-00005.0 Legals: See Warranty Deed (Exhibit B) 5. Project Description The Marine Resources Council of East Florida, Inc. (MRC) in cooperation with the Florida Communities Trust (FCT) purchased the subject property for conservation purposes in 2005. In accordance with the Grant Award Agreement (Exhibit B),III 3. "The Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate." The subject property shall be operated as a passive, natural resource -based public outdoor recreational site. Therefore, MRC has made a request to amend the Future Land Use Map from LDR — Low Density Residential to the more appropriate use, Con — Conservation. The subject site is located south of Indian River County conservation lands, west of the St. Sebastian River Greenway, east of an established PUD-R and north of existing agricultural use (Exhibit C). a. Current Zonina: City RS-10 -Residential Single Family b. Adiacent Prooerties Zonina Current Land Use Future Land Use North: LDR CON VLR R (County) RS-10 Vacant/Conservation East: PS Vacant/Conservation West: PUD-R Single Family Residential South: A-1 (CNTY) Vacant/Agriculture c. Site Characteristics (1) Total Acreaqe: 7.88 acres (2) Current Land Use(s): Conservation 6. Comarehensive Plan Consistencv a. Changed Conditions: The proposed future change to conservation is in accordance with the FCT grant requirements and can no longer be designated for a future use of residential. b. Land Use Compatibility: The change in land use provides for a compatible land use adjacent to and as part of the St. Sebastian Greenway and Map 5-1 of the Comprehensive Plan 2040. In addition the proposed changes support policies and objectives of Goal 5.1, Protection and Conservation of Natural Resources. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed land use, conservation, will be limited. The property has provided assurance of the availability of sufficient public access e. Natural Environment: The subject property contains wetlands and natural areas utilized for educational purposes. Preservation and maintenance efforts must comply with jurisdiction of federal, state and city regulations. Conservation designation will provide further protection of the water quality, flood prevention and ecological benefits which are valued by the City of Sebastian as expressed in the Comp Plan. f. Economic Effect: No adverse economic effects will occur by this change in land use. The property is currently protected by the Grant Agreement with FCT and continues to operate as a conservation classroom for the public. The property provides a much needed opportunity to expand the Ecotourism economic plan supported by the Comprehensive Plan and provide intrinsic value to the environmental conditions of the community, thus increasing surrounding property values. g. Orderly Development: The proposed land use change is consistent with the comprehensive plan and provides an orderly development pattern. h. Public Interest: The proposed land use change is not in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040. 7. Conclusion: The requested land use change from LDR to CON is consistent with the Comprehensive Plan and staff supports a recommendation of approval to the City Council from the LPA. Lisa L. Frazier, AICP 11/04/2021 PREPARED BY DATE E Permit Application No. .-10 5EBAST" City of Sebastian ►xMMIMMIK. Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Nlarine Resources Council of East Florida, Inc. Address: .32; ; Dixir Highway NE, Palm Bay, IT 32903 Phone Number: ( 1201 ,-7775 FAX Number: E-Mail: (:,I ity(wmrcirl.org Owner (if different from applicant) Name: Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: ITitle of permit or action requested: 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 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: 9140 86th Ave. Vero Beach, FL 32967 Lot: Block: Unit: 13 Subdivision: Seb Hls unit 13 (140022.54) Indian River County Parcel #: 31382600001000400004.0 Zoning Classification: RS-10 Future Land Use: Conservation Existing Use: Proposed Use: Conservation Single 1-aniily - Improved (0100) C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarvl: NIRC prol)oscs this parcel he rezoned from residential to conservation as part of the city adopted St. Sebastian River Greenway. 'Phis designation is mandated by MRC's contract and ._ with tha �•lsl<ida ���as�*��rl,t,.n� Trrt. DATE RECEIVED: / / FEE PAID: $ RECEIVED BY: Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number, ( ) FAX Number: ( ) E-Mail: 1 I Attorney: Name: I Address Phone Number: ( ) FAX Number: ( ) E-Mail: Engineer: Name: Address IIF Phone Number: ( ) FAX Number: ( ) E-Mail: I Surveyor: Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: St' L 4 / `� , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER _ I THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS TH SUBJECT MATTER OF THIS APPLICATION, THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE CCURATE UE THEBMY KNOWLEDGE AND BELIEF. SI ATURE DATE' SWORN TO AND SUBSCRIBED BEFORE ME BY cl,, i n D ANS WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS _;L SJ�DAY OF rl_',+ , 20.�J. NOTARY'S SIGNATURE I- :. r ilia PRINTED NAME OF NOTARY _ ." ((i . (`c COMMISSION NO./EXPIRATION 1 - ;A 4.2 SEAL: Notary DgaE 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) / _ 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 BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IAWE 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. T IS WAIVER AND CONSENT I BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, R PROISE, BY PLOYEE, AGENT, CONTRACTOR OR OFFIC[I�A.L/9F TH/E /C/JTtY OF SEBASTIAN. 6 / -1 7 / �X,/ §JGATURE DATE Swom to and subscribed before me by 156i e N Ihr. who is personally kDownt or produced as identification, this 1y of due. 20Ai . Notary's Signature Printed Name of Notary fln Commission No./Expiration k4lf4-�ii4 3 1 r% 1 7c1'L Seal Pudic Stale or Fbrlde Jessica A Devil My CmvwWoa GG 28943a a„ F�iex02/07/2023 f'.,j APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE PPLICANT n DATE Permit Application No Supplemental Information «E Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: Residential _ 2. Proposed land use map designation: Conservation 3. Size of project in acres: 1. , 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. Flic pi oposcd changes support policies and objectives of Goal 5.1 Protection and Conservation of Natural Resources. There are no exnecled ininacts on other elements of the plan or City ordinances. — 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Yes, there are no conflicts of the proposed amendment with other elements of the plan. 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Yes. Permit Application No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? There haVe nut been land use changes that are relevant to the proposed amendment. 8. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? Yes, it will acid conservation acreage to the 1,089 acres included in the future Land Use 2025 Designation, Table 1-5. 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? Yes. 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. No, the rezoning will ensure that N1RC can continue to manage the land as a natural habitat as required by the Florida Communities Trust 1„•f.Tr11 1„ 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. No. 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes. 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. Marine Resources Council I urninh Science into Action I.. .NE, Palm Rey. Fl-32905 • ('121)725-7775 t+t,tc.S.rvrT"Itc1121..��r}; 9/9/2021 City of Sebastian 1225 Main Street Sebastian, FL 32958 Please accept this letter as a verified statement to support the application submitted for parcel # 31382600001000400004.0 to rezone from residential to conservation. This change in zoning will support contractual obligations that the parcel owner, Marine Resources Council of East Florida Inc., has to the Florida Communities Trust program. This change is consistent with the goals and objectives of the City of Sebastian's Comprehensive Plan Goal 5-1 Protection and Conservation and the designation of the St. Sebastian Greenway. As Executive Director of Marine Resources Council, I have authority to sign for this request. Thank you for your consideration. Sincerely, Leesa Souto,Ph.D. Executive Director A list of the names and addresses of all owners of parcels of real property within three hundred feet of the parcel to be considered. Parcelld 31382600003000000232.0 31382600003000000227.0 31382600003000000227.0 31382600003000000257.0 31382600003000000225.0 31382600003000000264.0 31382600001000400001.0 31382600003000000223.0 31382600003000000261.0 31382600003000000231.0 31382600000300000006.0 31382600001000400002.0 31382600003000000230.0 31382600003000000230.0 31382600003000000231.0 31382600003000000226.0 31382600003000000258.0 31382600003000000224.0 31382600003000000260.0 31382600001000400004.0 31382600001000400005.0 31382600003000000259.0 31382600003000000233.0 31382600003000000233.0 31382600003000000232.0 31382600003000000229.0 31382600003000000262.0 31382600003000000234.0 31382600000100000002.0 31382600000100000002.0 31382600003000000263.0 31382600003000000000.2 31382600003000000228.0 31382600003000000265.0 OwnerName ALVAREZ-CALDERON LUIS & ARIAS CARLOS SARRIA ARIAS-GIRON LILIANA & BELLEMORE ROBERT R and JOANNE V BOHLKE DAVID J & BONNIE A BREEN JOHN & CASSANDRA CITY OF SEBASTIAN COLMERAUER ROBERT I and LINDA C COMITO RONALD J & KAREN A DELPRETE PATRICK DOUBLE R & D INC INDIAN RIVER COUNTY JOHNSTON JOSEPH JOHNSTON MARTHA KENNEDY CHERYL (LE) LANGDON TIFFANY & ANTHONY LENNON WAYNE A MADOCKS ROBERT & EILEEN MALENFANT WILLIAM A* and MARY JEAN MARINE RESOURCES COUNCIL OF EAST FLORIDA INC MARINE RESOURCES COUNCIL OF EAST FLORIDA INC MARTIN JOHN J & HERMINE MCKERNAN DIANE M & PARISIO JOSEPH J PESTANA SARA E REYES FELIX JR and DESIREE A REYNOLDS THOMAS CRAIG (TR) RUBINI ANDREW M RUSSELL ROBERT M (TR)(1/2) RUSSELL SUSAN K (TR)(1/2) SEBASTIAN GINA M SEBASTIAN RIVER LANDING INC VITALE ANTHONY G and CAROLANN VOSE JAMES & BRENDA JOYCE OwnerAddress2 244 BARBOSSA DR 234 BARBOSSA DR 227 BARBOSSA DR 230 BARBOSSA DR 245 BARBOSSA DR 1225 MAIN ST 226 BARBOSSA DR 235 BARBOSSA DR 1335 SHORELINE CIR 180127TH ST 240 BARBOSSA DR 240 BARBOSSA DR 242 BARBOSSA DRIVE 232 BARBOSSA DR 229 BARBOSSA DR 228 BARBOSSA DRIVE 233 BARBOSSA DRIVE 3275 DIXIE HWY NE 3275 DIXIE HWY NE 231 BARBOSSA DR 246 BARBOSSA DR 238 BARBOSSA DR 237 BARBOSSA DR 248 BARBOSSA DR 8920 86TH AVE 8920 86TH AVE 239 BARBOSSA DR 1682 W HIBISCUS BLVD 236 BARBOSSA DR 251 BARBOSSA DR OwnerCityStZip SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 VERO BEACH, FL 32960 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 PALM BAY, FL 32905 PALM BAY, FL 32905 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 VERO BEACH, FL 32958 VERO BEACH, FL 32967 VERO BEACH, FL 32967 SEBASTIAN, FL 32958 MELBOURNE, FL 32901 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 Permit Application No. AN City of Sebastian HOME "KIM WA., Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: ,'vlal•ine Resources Council of East Florida, Inc. Address: 3775 Dixie I lighway NI?, Palm Bay, FT32905 Phone Number: ( 32 1)_ 7 25-7775 FAX Number: E-Mail: Laity(gpmrcirl.org Owner (if different from applicant) Name: Address: Phone Number: ( ) - FAX Number: E-Mail: ITitle of permit or action requested: 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 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: 9120 861h Ave Fero Beach, Fl. 32967 Lot: Block: Unit: Subdivision: 13 Seb His unit 13 (140022.54) Indian River County Parcel #: 31382600001000,100005.0 Zoning Classification: RS-10 Future Land Use: Conservation Existing Use: Proposed Use: Conservation Single family - Improved (0100) C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): ;�IRC proposes this parcel be rezoned from residential to conservation as part of the City adopted tit. Sebastian River Greenway. "]'his designation is mandated by MRC's contract and �IS�IE S°�,� 4�aml�znili_E '!'rust. DATE RECEIVED: / / FEE PAID: $ RECEIVED BY: Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number: ( ) FAX Number: E-Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E-Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: ( ) E-Mail: _ Surveyor: Name: - Address Phone Number: ( ) - FAX Number: E-Mail: I, t t4)5 T / —, , BEING FIRST DULY 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 APPLICATI NO THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCU TRUE TO TH9 BE 9T OF MY KNOWLEDGE AND BELIEF. �AIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY _I, -A iC^, blK- S WHO IS PER§QNAI I v WQZ Tn AE OR PRODUCED AS IDENTIFICATION. THIS 19L DAY OF J4o ,-vY , 202A_, fj' NOTARY'S SIGNATURE ✓h .. f /.ram PRINTED NAME OF NOTARY 1/' v: S COMMISSION NO./EXPIRATION CC, ,?Kh 3Y Al ('11 0,. a Z SEAL ✓VWV LNV..� PuicSabdFlgi'ae6A Dy Com___GG 2a9s34 xpan 02/07/2023 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($) / _ 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 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 IANE 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 PRO I5 DE, BY ANY MPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE yITY OF SEBASTIAN. j a / SI TURE DATE Sworn to and subscribed before me by Jes51 C v.S who is personall(gnown to me or produced ennncabon as id,1 t Jfvdayof A ).:.� 2021_. Notary's Signature Printed Name of Notary Commission No./Expiration Seal: X1 ur: lanN3v 'A.1nI aaa3 alloUvY Pubk State or Fbrift Jessica A Davis E)Ow 02/072023 3BB434 APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. 6 tNOWLEDGMENT DATE / Permit Application No Supplemental Information 1�r aKWAN nusn Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: Residential Proposed land use map designation: Conservation 3 Size of project in acres: �' 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. The pi uposed changes support policies and objectives of Goal 5.1 Pndect kin and Conservation of Natural Resources. There are no csnc,led impacts on other elements of the plan or 01v ordinanceg_ 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Yes. Ilie re are no conflicts of the proposed amendment with oIli cr elements of the plan. 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)?--1— -- Permit Application No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? There have not been land use changes that are relevant to the proposed amendment. 8. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? Yes, it will add conservation acreage to the 1,089 acres included in the Future Land Use 2025 Designation, Table 1-5. 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? Yes. 10. Would the proposed amendment result in a significant adverse impact on the natural environment? if so, describe the impact. No, the re/oning will ensure that MRC can continue to manage the land as a natural habilai as required by the Florida Communities Trust 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. No. 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes. 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. Marine Resources Council Tierrriitb Scie)tcc into Action __ I )irrt• I h+% NF, Palm Bac. FI 32905 . (121)725-775 . www SavcThclRI. mg 9/9/2021 City of Sebastian 1225 Main Street Sebastian, FL 32958 Please accept this letter as a verified statement to support the application submitted for parcel # 31382600001000400005.0 to rezone from residential to conservation. This change in zoning will support contractual obligations that the parcel owner, Marine Resources Council of East Florida Inc., has to the Florida Communities Trust program. This change is consistent with the goals and objectives of the City of Sebastian's Comprehensive Plan Goal 5-1 Protection and Conservation and the designation of the St. Sebastian Greenway. As Executive Director of Marine Resources Council, I have authority to sign for this request. Thank you for your consideration. Sincerely, T Leesa Souto, Ph.D. Executive Director A list of the names and addresses of all owners of parcels of real property within three hundred feet of the parcel to be considered. Parcelld 31382600003000000232.0 31382600003000000227.0 31382600003000000227.0 31382600003000000257.0 31382600003000000225.0 31382600003000000264.0 31382600001000400001.0 31382600003000000223.0 31382600003000000261.0 31382600003000000231.0 31382600000300000006.0 31382600001000400002.0 31382600003000000230.0 31382600003000000230.0 31382600003000000231.0 31382600003000000226.0 31382600003000000258.0 31382600003000000224.0 31382600003000000260.0 31382600001000400004.0 31382600001000400005.0 31382600003000000259.0 31382600003000000233.0 31382600003000000233.0 31382600003000000232.0 31382600003000000229.0 31382600003000000262.0 31382600003000000234.0 31382600000100000002.0 31382600000100000002.0 31382600003000000263.0 31382600003000000000.2 31382600003000000228.0 31382600003000000265.0 OwnerName ALVAREZ-CALDERON LUIS & ARIAS CARLOS SARRIA ARIAS-GIRON LILIANA & BELLEMORE ROBERT R and JOANNE V BOHLKE DAVID J & BONNIE A BREEN JOHN & CASSANDRA CITY OF SEBASTIAN COLMERAUER ROBERT I and LINDA C COMITO RONALD J & KAREN A DELPRETE PATRICK DOUBLE R & D INC INDIAN RIVER COUNTY JOHNSTON JOSEPH JOHNSTON MARTHA KENNEDY CHERYL (LE) LANGDON TIFFANY & ANTHONY LENNON WAYNE A MADOCKS ROBERT & EILEEN MALENFANT WILLIAM A* and MARY JEAN MARINE RESOURCES COUNCIL OF EAST FLORIDA INC MARINE RESOURCES COUNCIL OF EAST FLORIDA INC MARTIN JOHN J & HERMINE MCKERNAN DIANE M & PARISIO JOSEPH J PESTANA SARA E REYES FELIX JR and DESIREE A REYNOLDS THOMAS CRAIG (TR) RUBINI ANDREW M RUSSELL ROBERT M (TR)(1/2) RUSSELL SUSAN K (TR)(1/2) SEBASTIAN GINA M SEBASTIAN RIVER LANDING INC VITALE ANTHONY G and CAROLANN VOSE JAMES & BRENDA JOYCE OwnerAddress2 244 BARBOSSA DR 234 BARBOSSA DR 227 BARBOSSA DR 230 BARBOSSA DR 245 BARBOSSA DR 1225 MAIN ST 226 BARBOSSA DR 235 BARBOSSA DR 1335 SHORELINE CIR 180127TH ST 240 BARBOSSA DR 240 BARBOSSA DR 242 BARBOSSA DRIVE 232 BARBOSSA DR 229 BARBOSSA DR 228 BARBOSSA DRIVE 233 BARBOSSA DRIVE 3275 DIXIE HWY NE 3275 DIXIE HWY NE 231 BARBOSSA DR 246 BARBOSSA DR 238 BARBOSSA DR 237 BARBOSSA DR 248 BARBOSSA DR 8920 86TH AVE 8920 86TH AVE 239 BARBOSSA DR 1682 W HIBISCUS BLVD 236 BARBOSSA DR 251 BARBOSSA DR OwnerCityStZip SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 VERO BEACH, FL 32960 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 PALM BAY, FL 32905 PALM BAY, FL 32905 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 VERO BEACH, FL 32958 VERO BEACH, FL 32967 VERO BEACH, FL 32967 SEBASTIAN, FL 32958 MELBOURNE, FL 32901 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 RIVER CO FL, BK: 1985 PG: 135, 01/20/20O6 REC.FEE:$12O.5O " DOC.STAMPS:$7,91O.00 A—o f—L 127 0 & #1278Oa This Instrument Prepared By: Clif Turner Security Title of Indian River, Inc. 3710 - 20t" Street Vero Beach, Florida 32960 12:41 PM DOC STAMPS D $7910.00 Ey fl151r z WARRANTY DEED Ce N m THIS INDENTURE, made this 29th day of December, A.D. 2005, between Wayne co Lawrence, a single adult, of the County of Indian River in the State of Florida, G �32 m o grantor, and to Marine Resources Council of East Florida, Inc., a non-profit H w "_ Florida Corporation, whose post office address is 3275 Dixie HWY. NE, Palm Bay, Zr o FL 32905, grantee, W o m N p mo (Wherever used herein the terms "grantor" and "grantee" include all the parties to this !Y r instrument and their heirs, legal representatives, sucoessors and assigns. "Grantor" and cc M "grantee" are used for singular and Plural, as the ocntert requires and the use of any gander shall include all genders.) WITNESSETH: That the said grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's successors and assigns forever, the following described land situate, lying and being in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto and by this reference made a part hereof. "By acceptance of this warranty deed, the Grantee hereby agrees that the use of the Property described herein shall be subject to the covenants and restrictions as set forth in the Declaration of Restrictive Covenants attached hereto as Exhibit B and recorded in the Public Records of Indian River County, Florida. These covenants and restrictions shall run with the Property herein described. If any term or condition of the Declaration of Restrictive Covenants is violated by the Grantee or by some third party with the knowledge of the Grantee and the Grantee does not correct the violation pursuant to the Declaration of Restrictive Covenants, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in accordance with Chapter 380, Part III, Florida Statutes." . Property Appraiser's Parcel Identification Number: 31-38-26-00001-0004-00004.0 and 31-38-26-00001-0004-00005.0 This conveyance is subject to easements, restrictions, limitations and conditions of record if any now exist, but any such interests that may have been terminated are not hereby re -imposed. C:\Documents and Settings\Closer2\Desktop\Lawrence Docs\Warranty Deed.doc �l -nat+iXB AND the said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF the grantor has hereunto set grantor's hand and seal, the day and year first above written. Signed, sealed and delivered in the presence of: William C. Turner (PRINTED, TYPED OR STAMPED NAME OF FIRST WITNESS) h VIP ''{{'jj�ATURE OF 9TdONDD�(WITNESS) ab � ha R/ .'TA � D 4 PRi NAME OF SECOND WITNESS) STATE OF Florida COUNTY OF Indian River BY�� Wayne Lawren WhyNe (.A ►)AGE (PRINTED, TYPED OR STAMPED OF GRANTOR) (PRINTED, TYPED/ OR STAMPE)Z AD�R�p-SS OF GRANTOR) ) p 5 (O — I D! V,Qs ' The foregoing instrument was acknowledged before me this 29th day of December 2005, by Wayne Lawrence. He is personally knnoown� to me or who has produced Drivers License as identification (NOTARY PUBLIC)SEAL (�IGNATURE OF NOTARY PUBLIC) William William C. Turner (PRINTED, TYPED OR STAMPED NAME OF NOTARY PUBLIC) Commission No.: My Commission Expires: j1151=0• Ob 3q : YDD 163192 oe, C:\Documents and Settings\Closer2\Desktop\Lawrence Docs\Warranty Deed.doc EXHIBIT "A" PARCEL I ID# 31-38-26-00001-0004-00004.0 -- The North 300 Feet of the South 550 feet of the following described property: That portion of Tract "D" lying Southerly and Westerly of the Sebastian River Drainage District Easement, as shown on plat of SEBASTIAN HIGHLANDS, UNIT 13, recorded in Plat Book 7, Page 82-A, Public Records of Indian River County, Florida. All lying and being in Section 26, Township 31 South, Range 38 East, City of Sebastian, Indian River County, Florida. TOGETHER WITH and including an easement for ingress and egress over the West 30 feet of the following described property: SW 1/4 of NE 1/4 of Section 26, Township 31 South, Range 38 East, Indian River County, Florida. TOGETHER WITH and including an easement for ingress and egress over the West 60 feet of the following described property: The South 250 feet of the following described property: That portion of Tract "D" lying Southerly and Westerly of the Sebastian River Drainage District Easement, as shown on plat of SEBASTIAN HIGHLANDS, Unit 13, recorded in Plat Book 7, Page 82-A, Public Records of Indian River County, Florida. All lying and being in Section 26, Township 31 South, Range 38 East, City of Sebastian, Indian River County, Florida. PARCEL II ID# 31-38-26-00001-0004-00005.0 South 250 feet of the following described property: That portion of Tract "D" lying Southerly and Westerly of the Sebastian River Drainage District Easement as shown on map of SEBASTIAN HIGHLANDS, UNIT 13, recorded in Plat Book 7, Page 82-A, Public Records of Indian River County, Florida. All lying and being in Section 26, Township 31 South, Range 38 East, City of Sebastian, Indian River County, Florida. This dowmad prepared by; Christine M. Cosby Florida Coaill unitEes Trust Depart of Commumity Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLORA COA04UNIMS TRUST FF3 AWARD # 034044-FF3 St. Sebastian River Chwmay FCT Contract# o! • -47 - z,•, . 03- rr -a'/- • vie GRANT AWARD JAGPJCFAWZit THIS AGREEMENT is entered into this A day of?9Cg&66, 20059 by and between the FLORIDA COKIMUNITIES, TRUST ("FCT"), a n 6, ilatory agency within the State of Florida Department of Community Affairs, and MARINz RESOURCES COUNCIL. OF EAST FLORIDA, INC., a nonprofit environmental ozip .1 a " ("Rm ipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acgWred with such proceeds and as descaY'bed in Exlu'bit "A" attached hereto and made a part (("Project Site"), as shalt be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise provisions of Cis 259.105, 259.1051, and 380, Florida Statutes. Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their ooniprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorised by the Florida Conlimmiti Trust Act; WIEEREAS, Section 259.105(3xc), F.S., of the Florida Forever Act provides for the distribution of twenty- two p A:: (220A) less certain ks of the net Florida Forever Revenue Bond proceeds to the Department to provide land acquisition grants to local governments and nonprofit enviroranea�! ,, „ �.,� lions through the FCT for soquis#teon ofcony-based prof „ts, urban open spaces, naturat resource conservation areas, parks, gays and outdoor recreation areas to' 1, local comprehensive plans;; . the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded fmm the gross income of Bondholders for federal income tax purposes; WEEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.AC.), suthoriaes FCT to GAA103-044-FF3 12/112005 impose conditions for funding on those FCT applicants whose projects have been selected for fiord ng in accordance with Rule Chapter 9K-7, F.A.C.; WHEREAS, the FCT has approved the terms under which the Project Site is acquired and the deed whereby the Recipient acquires title to the Project Site shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Impro%,;anent Trust Fund upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on'the Project Site subsequent to its acquisition with the FCT Florida Forever Bond award. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the ,: ;,., and sufficiency of which is hereby acknowledged, FCT and Recipient do hereby contract and agree as follows: L GENERAL CONDITIONS 1. Upon execution and delivery by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of Indian River Connty, Florida, and referenced in the warranty deed vesting fee simple title to the Project Site in the Recipient, and in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith, 2. The Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this & o � � .eft to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status of the Florida Forever Bonds is not jeopardized, FCT and Recipient shall amend e A, , ;,.,. ,ant accordingly. 3. This Agent may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the Recipient and FCT. 4. This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind, and the benefits shall inure to, ,.,I;".J , ;, X, 6r*, the FCT and the GAA103-0"-FF3 12/1/2005 2 Recipient and their respective successors and assigns. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by need expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tatlabassee, FL 32399-2100 ATTN: Program Manager Recipient: Marine Resources Council 'of East Florida, Inc. 3275 Dixie I3ighway Northeast Palm Bay, Florida 32905 ATTN: Executive Director 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the provisions shall not in any way be affected or impaired. IL PROJECT SITE REQUIItE MNTS IMPOSED BY CHAt SLR 2599 CHAPTER 3759 AND CB A,i A-L" 380, PART EX FWRIDA STA Y u i tb 1. Nany essential harm or condition of this grant aft is violated by the Recipient or by some third party with the knowledge of the Recipient and the Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improved Tnist Fund. The FCT shall treat such property in accordance with Section 380.508(4Xe), Florida Statutes. 2. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shag enter into a new a� . w .. at with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the arterest of the people of Florida. 3. The interest, if any, acquired by the Recipient in the Project Site will not serve as security for any debt of the Recipient unless FCT approves the trarrsartion. GAA103-044-FF3 12/1/2005 3 4. If the existence of the Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local govermnent or nonprofit organization winch agrees to accept title to all interest in and to manage the Project Site. 5. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such nuumer as is can t with the The FCT shall make any such insuuance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice fi-om the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default he vaulder Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of any of the covenants and restrictions of this .{ .,ent con„ w,.ng the constcucteon and operation of the Project Site. III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON IM'At Jj&N Y 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for passive, natural resource -based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specif cally designated in the Project Plan as approved by FCT. 2. The Recipient shall prepare and submit to FCT an annual stewardship report as required by Rule 9K-7.013, F.A.C. 3. The Recipient shall ensure that the future land use dean assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the Recipient`s comprehensive plan is required to comply with this paragraph, the amoadmenI shall be proposed at the next comprehensive plan went cycle available to the Recipient. 4. Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved �,amprehensive plan for the jurisdiction GAA103-044-FF3 12/1/2005 4 as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. 6. FCT staff or its duty authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 7. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably with -held by FCT upon sufficient demonstration that the proposed structurek buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural taur+ces of the Project Site. The approval by FCT of the Recipient's management plan add the items mentioned herein shall be considered written approval from FCT. 8. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained ftom the Department of State, Division of Historical Resources. 9. The Recipient shall ensure that the Project Site is identified as being publidy owned and operated as a passive, natural resource -based public outdoor rec r mdonal site in all signs, literature and advertising regarding the Project Site. The Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from FCT and Recipient. TV. OBLIGATIONS INCURRED BY RECIPIENT AS A RESULT OF BOND PROCEEDS BEING MIF TO PURCHASE PROJECT SITE 1. If the Project Site is to remain subject, af%r its acquisition by the State and the Recap t, to any of the below fisted activities or ' . L the Recipient shall prwA& at Est 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to FCT such infan=tion with respect dwreto as FCT reasonably requests in order to evacuate the legal and tax consequences of such activity or interest: IL any lease of any interest in the Project Site to a nongovernmental person or organization; b. the operation of any concession on the Project Site to a non -governmental r son Or OrgBnlZati011; GAA103-044-FF3 12/1/2005 5 C. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with a non -governmental person or d. any use of the Project Site by non -governmental persons other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with a non -governmental person or organization; and f. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 2. Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non -governmental person or organization; b. the operation of a concession on the Project Site by a non -governmental person or orgaon; C. a sate of thin attached to the Project Site to be severed from the Project Site to a non governmental person or organization; d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the Mxwsewent is to be made; e. any use of the Project Site by non governmental. persons other than in such persods capacity as a member of the general public; f a manage, contract of the Project Site with a non -governmental person or argaaizati-- and g. such other activity or interest as may be specified from time to title in writing by FCT to the Recipien. DELEGATIONS AND CONTRACTUAL ARRANCHMENTS BETWEEN THE REt trrtruqT AND OTHER GO AL BODIES, NOT FOR PROFIT Eli i ii x =S, OR NON GOVERMUMAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WUL IN NO WAY RELIEVE THE REA w jiqT OF TfM RESPONSIBILITY TO ENSURE THAT THE GAA\03-044-FF3 121142005 6 CONDITIONS AeOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PR01.x r.US TO. ACQUIRE T'HE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V. CONDITIONS THAT ARE PARTICULAR TO THE PRCUECr SITE AS A RESULT 'OF THE FCT APPROVED MANAGENio&N a PLAN 1. Two or more resource -based outdoor recreational facilities including a wildlife observation platform and nature trams shall be provided. The fiwftes shall be designed and located with minimal impact to natural resources on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign, shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust. 3. Interpretive signage shall be provided to educate visitors about the natural environment of the Project Site. 4. At least 24 environmental education classes or programs shall be conducted annually at the Project Site by trained educators or resource professionals. 5. A staffed nature center that provides year- round education programming shall be established on the Project Site. 6. A biological inventory of the natural comminEities found on the Project Site, including the dominant and listed plant and animal species, shall be conducted prior to any site development. The inventory shall be used to ensure the protection of biological resources and be updated Periodically 7. The natural communities that occur on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these coma -unities. 6. The Project Site shall be managed in a manner that will protect and enhance the habitat for native wildlife species that utilize or could potsnttiaUy utilize the site. The development of the ent Plan shall be coordinated with the Florida Fish and Wildlife Conservation Commission--s Office of Environmental Services to ensure the preservation and viability of native wildlife species and their habitat. 7. The water quality of the Sebastian River adjacent to the Project Site shall be protected and enhanced. The Recipient shall i 1 plemeat a plan to improve water quality in the area including ceasigg agricuhurni actives. 8. Any proposed stti,rum,; ter facility for the Project Site shall be designed to provide y 4,." i a Tonal GAA1034044-FF3 12l1/2005 7 open space or wildlife habitat. 9. Areas around the nature center, parking areas and along the road right-of-ways shall be landscaped with native plant species to provide wildlife habitat and enhance the function and appearance of the Project Site. 10. The degraded upland and disturbed wetlands shall be restored to a natural community in terms ofbiological coon and ecological function. 11. An ongoing monitoring and control program for invasive vegetation including exotic (non- native) and nuisance native plant species shall be implemented at the Project Site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The Management Plan shall reference the Exotic Pest Plant Council's List of Florida's Most invasive Species to assist in identifying invasive exotics on the Project Site. 12. A feral animal removal program shall be developed and implemented, as necessary, for dogs, cats, ducks, hogs, and other non-native wildlife that may be found on the Project Site. 13. Management of the Project Site shall be coordinated with the land managers of other conservation and preservation lands in the project area, including the Florida Department of Environmental Protection, South Florida Water District, and Indian River County. 14. An archaeological survey shall be preformed for any area within the Project Site proposed for development prior to the comencement of proposed development activities in that area. AD planned activities involving known archaeological sites or identified site areas shall be closely coordinated with the Department of State, Division of Historic Resouurces in order to prevent the disturbance of significant sites. A protection plan shall be developed and vcnplemented in conjunction with the Division of Historic Resources for the protection of known historic site located on the Project Site. 15. Pedestrian and bicycle access to the Project Site shall be promoted through the provision of pedestrian oriented wallcways and bicycle fa,c�lities that link the Project Site with adjacent residential neighborhoods. Bike parking stands shall be installed at the Project Site to provide an alternative to automobile transportatiion to the Project Site. 16. The developm 6. t and management of the Project Site shall be coordinated with the agencies managing the bike trail and St. Sebastian River Buffer Preserve, to ensure the Project Site is managed as part of a linked trail system. 17. The Project Site shall be protected and managed as part of linked conservation lands and wildlife corridor. GA,A103-044-FF3 12l1f2005 8 18. Proposed site improvements shall be designed and located to ndnimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 19. The requirements imposed by other grant program funds that may be sought for activities associated with the Project Site shall not conflict with the terms and conditions of this Agreement. 20. The Management Plan shall include reasonable assurance, in accordance with Rule 9K- 7.003(7) F.A.C., that the managing entity has the financial I ORWrces, background, qualifications, and co to manage the Project Site in perpetuity in a reasonable and professional manner. This A& ;, � . i .ent including EAU* bit "A" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: Print Name: Print Name: STATE OF FLORIDA MARM RESOURCES COUNCIL OF EAST A, piu Florida co ration By: David Bono, Board Chairnsen Approved as to Form and Legality: By. Print Name: COUNTY OF MAN RIVER .i The f xq O*g instniment was Wt nowledged before me this $ day of XXZ a,"- bc-%, 2005, by David Botto, Board Chairman of the Marine Resources Council of East Florida, Inc., on behalf of the corporation, and who is personally known to vie. Kristine Gray ;• N ; MY COMMiMN # Dimon Emns May 2Z 2DM7 y?��'!�.{:• BONMTFlRt) TROY FAN tNS1fRArKE 1 C. GAA103-M-FF3 12I 2005 9 Notary Public Q Print Name: Commission No. My Commission Expires: r� f • • sfill IV 1 1qW ll e, C0A1MUhtjLA4S TRUST By: KimbaDirector, Division of Housing and Community Development Date: % 2. • zx • o$" Appro to form and 'ty: By: At a , Christine M. Cosby, Trust Co STATE OF FLORIDA COUNTY OF LEON The fo a was acknowledged before me this day of , m8 m8 �� 2005, by Kimbafl Love, Director, Division of Housing and mmunity Development. S personally known to me. No lic PrW Name: \\11NIIIIIfII//// Conwnission No.$SAW �•���+,..•.,,��f �,,��; My Commission IPp�riabs`�'° DD153509 �cs' 06040 SIP GAM03-044-M 12I1f2005 10 EXHIBIT "A" PARCEL I ID# 31-38-26-00001-0004-00004.0 -- The North 300 Feet of the South 550 feet of the following described property: That portion of Tract "D" lying Southerly and Westerly of the Sebastian River Drainage District Easement, as shown on plat of SEBASTIAN HIGHLANDS, UNIT 13, recorded in Plat Book 7, Page 82-A, Public Records of Indian River County, Florida. All lying and being in Section 26, Township 31 South, Range 38 East, City of Sebastian, Indian River County, Florida. TOGETHER WITH and including an easement for ingress and egress over the West 30 feet of the following described property: SW 1/4 of NE 1/4 of Section 26, Township 31 South, Range 38 East, Indian River County, Florida. TOGETHER WITH and including an easement for ingress and egress over the West 60 feet of the following described property: The South 250 feet of the following described property: That portion of Tract "D" lying Southerly and Westerly of the Sebastian River Drainage District Easement, as shown on plat of SEBASTIAN HIGHLANDS, Unit 13, recorded in Plat Book 7, Page 82-A, Public Records of Indian River County, Florida. All lying and being in Section 26, Township 31 South, Range 38 East, City of Sebastian, Indian River County, Florida. PARCEL II ID# 31-38-26-00001-0004-00005.0 South 250 feet of the following described property: That portion of Tract "D" lying Southerly and Westerly of the Sebastian River Drainage District Easement as shown on map of SEBASTIAN HIGHLANDS, UNIT 13, recorded in Plat Book 7, Page 82-A, Public Records of Indian River County, Florida. All lying and being in Section 26, Township 31 South, Range 38 East, City of Sebastian, Indian River County, Florida. GAA\03-044-FF3 12/2/2005 11 RASTLA ✓E _ HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency November 4, 2021 ITEM 6.D. LPA Legislative Public Hearing — Recommendation to Citv Council Comprehensive Plan Future Land Use Amendment Fischer 99th St. 1. Project Name: Fischer 99'" St., 10105 Industrial Park Blvd 2. Project Applicant: Henry A. Fischer 10725 US HWY 1 Sebastian, FL 32958 3. Requested Action: Request is for a change from County C/1—Commercial/Industrial to City (IN) — Industrial (Attachment A) 4. Project Location: Section 20, Township 31 South, Range 39 East Subject Parcels are 1.47 Acres, More or Less Parcel# 31-39-20-000003-00000001.1 Legals: See Deed and Survey (Exhibit 1) 5. Project Description The subject property consists of 1.47 acres, more or less, located south of Vickers Grove Mine, west of the FEC railroad and north of 99'h Street. The property is surrounded by active industrial uses and is currently used as part of the mining/industrial operation for storage and parking. The subject property is currently located within an enclave of unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure (Attachment A). Current land use in the County is C/1-Commercial/Industrial. Application has been made to amend the land use to be compatible with the City of Sebastian Comprehensive Plan 2040 long range plans simultaneously with the annexation of property. The properties land use amendment proposes City IN -Industrial. The applicant does not have a proposed site development plan for the property however, with the closing of the mining operation and land use change to mixed -use; the 1.47 acre property has been proposed to be added to future development of the Vickers Grove property. a. Site Characteristics (1) Total Acreaqe: (2) Current Land Use(s): (3) Current Zoning: b. Adiacent Properties Zoning North: IN East: I L West: RM-6 South: RM-6 1.47 acres County C/1—Commercial/Industrial County IL — Light Industrial Current Land Use Future Land Use Industrial IN (CITY) Industrial C/I (CNTY) Vacant/Commercial M-1 (CNTY) Vacant/Commercial M-1 (CNTY) 6. Comprehensive Plan Consistency a. Changed Conditions: The proposed future change of land use to an industrial use is consistent with the current uses of the property and current land use within the County. The parcel is utilized mainly for staging, parking, and/or storage. Future surrounding development to the north or surrounding this small parcel is compatible with this current use. The area is slowly redeveloping into more high density residential and this parcels industrial designation will allow current uses to continue and provide suitable accessory uses for potential future developments. b. Land Use Compatibility: According to the Land Use Element, IN land use designation is to provide strategically located sites for industrial needs and requisite support services. Policy 1-1.3.7 further states that "A high priority shall be given to reserving strategically located lands adaptive to the unique location requirements of industry". Locational standards will include areas accessible to arterial roads, rail corridors, and located in more sparsely developed areas. New industrial land use areas shall also be located near existing compatible land uses. Industrial land uses comprise only 4% of the total land uses in the City. Though this is a small parcel, it currently serves as an accessory to the surrounding industrial activities and will continue to be a benefit to these established businesses. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed land use have been provided in Attachment A. The property has provided assurance of the availability of sufficient public access and public facilities. The property is within the current service boundary for water/sewer and public safety. e. Natural Environment: The subject property does not appear to contain natural areas, having been cleared as part of the current use. However, a natural resource assessment will be required as part of the permitting and development process. f. Economic Effect: The property is currently utilized as part of the surrounding industrial uses. As these uses change, the continued utilization of this small parcel as an amenity for future development is considered. With the potential annexation and change in land use, the property can continued to provide industrial uses to the active industrial park. The parcel may also provide an amenity as part of future development allowing for RV parking, community centers, or outside storage. These types of amenities within a community provide a higher value to future residential or commercial uses, which support the tax base within the City. g. Orderiv Development: The proposed land use change is consistent with the comprehensive plan and provides an orderly development pattern. h. Public Interest: The proposed land use change does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040. 7.Conclusion: The requested land use change from County C/I to City IN is consistent with the Comprehensive Plan and staff supports a recommendation of approval to the City Council from the LPA. Lisa L. Frazier, AICP 11/04/2021 PREPARED BY DATE E Rec ! •so gee o oo Corporate Warranty Deed Eat ()/,w� /. ►�-ilbb larimfefe, reeds dda 20th day of Deceauber A.D. 2000 Between Atha 4 Steiger Real Estate, Inc. 1329 US Highway l Sebastian. FL 32958 o whose post office address is: a corporation existing under the laws of the N State Of Florida , Grantor and Henry Anthony Fischer 10725 US Highway 1 C Sebastian. FL 32958 whose post office address Is: Grantee, EXHIBIT 1 IN THE aECOnDB OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO.. FLA. DDetmEtra A GVA" DEED{ 14o•cat. MOTE t 11101911 rim 00111" CW3 Witntsseth, that the said Gr. alor, for and in consideration of the slue of ( Ton a N0/100 ) G Dollars. to it in hand paid by the said Grants. the receipt whereof is hereby acknowledged, has grand, bargained and C sold to the said Grants forever, the following described land, sitoate, lying and being In the County of 50 Indian River . State of Florida. to wit: N C%j See Schedule A attached hereto and by this reference made a part hereof. StMJECT TO covenants, restrictions, easements of record and taxes for the current year. Subject to covenants, restrictions and eseentants of record. Subject also to taxes for 2000 and subsequent years. Parcel Identification Numbers 20-31-39-00000-3000-00001/1 And the said Grantor does hereby fully warren the title to said lend, and will defend the same against the lawful claims of all persons whomoever. In Witness Whereof, the said Grantor has caused [Iris instntrnent to be executed in its name by its duly au horizd officer and caused its corporate seat to be affixed the day and year first above written. Signed aftAsSeaJed, In Our Presence. Atha r. Steiger Real Estate, Inc. \ I BY; Il(IthoCa iger v tin Its president (Corporate Sea]) Sate of Florida County of Indian River The foregoing instrurnent %-as ackgowledgd before Inc this 20th day of December Atha & Swiger t of Atha 4 Steiger Real Estate, ins. F� w r w C10 2000 ,byCA a corporation existing under the laws of the Stale of Florida , on behalf of the wrpomlion. Hr/Shr is personally known to me or has produced personally known o east as identification. FREFARED Sys Michelle Nutnolo-t/c.L'c6C RECORD a RETDRN TOr o %*. bl"q ilaldl I. Fatil10Ur `+ haw fax: First American Title insurance COmpapycotmmn.svt Esplro: j_ ;,•,W=•'ry8�y��' cwDt 9908 DS Highway 1 .� °" Sebastian, Florida 32p58 '^'%P.., Aa.s Eno,cl-I" File NO: 00057U-Oai fEYfGKj%r'C�'LF ��" Schedule A Mast 275 feet of the North 333 feet of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of section 20, Township 31 South, Range 39 Mast, Zndian River County, Florida. LX8S MW XZCSPT therefrom 12 loot on the ltorth side and 12 feet on the Best side reserved for public roads LESS AND 8XXCZPT therefrom the following desaribed property: All that certain parcel or treat of land in Ind:Lan Rivor County, Florida, beginning at a point which is 555.2 feet due South of the !Northeast corner of the Northwest Quarter (Bill/4) of Bection 20, Township 31 South, Range 39 Mast, and &-vatting South 100 feet) thence West 660 tests thence forth 100 lasts thence East 660 feet to the point of beginning. W J r .r CA av- v+ File Not 500576 Permit Application No. ma City of Sebastian Development Order Application pplicant (if not owner, written authorization (notarized) from owner Is required) Name: Henry A. Fischer Address: 10725 US Hwy 1, Sebastian, FL 32958 Phone Number. ( 772 ) 589 - 3159 E-Mail: hefl@bellsouth.net i Owner W different from applicant) Name: I Address: Phone Number: ( E-Mail: FAX Number. (772 ) 589 - T731 FAX Number: ( Title of permit or action requested: Comprehensive Plan Amendment -Land Use 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 8-1/2" BY 1 V COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Fischer Industrial Park Blvd (Swiger) Annexation I B. Site Information Address: 10105 INDUSTRIAL PARK BLVD, SEBASTIAN, FL 32958 Lot: Block: Unit Subdivision: Indian River County Parcel #: 31392000000300000001.1 '12Oning Classificailonexisung IRC: IL- Ught IndmtriaFuture Land Use: Existing IRC: Cn: CommerciaUlndustrial Proposed COS: IN - Industrial Proposed COS: Industrial Existing Use: Industrial Proposed Use: Industrial C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necesserv): After annexation, designate the parcel "Industrial' on the Future Land Use Map DATE RECEIVED: _/ / FEE PAID: $ RECEIVED BY: Permit Application No. - I D. Project Personnel: Agent: Name: Address Phone Number. E-Mail: FAX Number. ( Attorney: Name: Warren Dill, Esquire - Dill, Evans & Rhodeback Address 1565 US Hwy 1, Sebastian, FL 3295B Phone Number. (772 ) 589 - 1212 FAX Number E-Mail: wwd@dillevans.com Engineer: Name: Joseph W. Schulke, P.E., Schulke, Bittle & Stoddard, LLC Address 1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960 Phone Number. ( 772) 770 - 9622 FAX Number. (772 ) 770 - 9496 E-Mail: ischulke@sbsengineers.com Survevor: Name: William B. Zentz & Assoc., Inc. Address 684 Old Dixie Hwy., Vero Beach, FL 32962 Phone Number. (772 ) 567 -7552 FAX Number. (772 ) 567 -1751 E-Mail: biliz-wbz@comcast.net Henry A. Fischer , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: V I AM THE OWNER AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL JHE M NOWLE MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE D E TO THE T O` M NOWLEDGE AND BELIEF. 40 SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY �AN N� KN i O ME OR PRODUCED �r C T1U THI6�r�•DAYOF ,20_2�. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NOJEXPIRATION r " _�11 P i.?rl9+ 1. 11. SEAL: - . / _ _ . _ 1 ;w'J" �o,, MICHELLE R. COS $ WNotary Public -State of Florida Commission M GG 301343 MY Commission Expires .. July 31, 2023 Permit Application No. . - following is required for all comprehensive plan amendments, zoning amendments (Including rezoning), eke plans, conditional use permits, special use permits, variances, excaptions, and appeals. UWE, V THE OWNER(S) / _ 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 Planning & Zming and City Coudl 60ARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IANE HEREBY WAIVE ANY OBJECTION OR DEFENSE VWIE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMLSSION 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 MD CONSENT S BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES BY NT, CONTRACTOR OR OFFICIAL OF THE CI OF �EBASTIAN. __�L�v�l SIGNATURE / DATE oIs to and subscribed before by wh who is Personal hf kno to me orr p producedmal 1 as identification, s day of )i l h 1 20 1 I � Notary's Signature i, •Of Ch / Ili, /, r Printed Name of Notary ,-YY•Y' UP l)'I Commission No./Expiration Seal: ,,,... MICHELLE R. COS f P Notary Publie-Stale of Florida) Commission A GG 361343 ' �` My Commission Expires July 31, 2023 Peonit Application No. Supplemental Information p� Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: IRC: CA: Commercial/Industrial 2. Proposed land use map designation: COS: Industrial _ 3. Size of project in acres: 1.47 _ 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. None 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Yes 6. Is the proposed amendment In conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Yes Permit AppGcatton No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? None 8. is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? NIA - The land has an IRC FLUM of C/I (Commercial / Industrial). Upon annexation, the proposed City FLUM is "industrial". The existing and proposed FLUM designations are aimilar. 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? Yes 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact No, any development proposed would be substantially the same whether in IRC or the City, so the FLUM designation would not result in a change in the anticipat d impact. if anv. I Permit App9caUon 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. No, any development proposed would be substantially the same whether in IRC or the City, so the FLUM designation would not result in a change in the anticipated property values. if anv. 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes, anv development proposed would be substantially the same whether in IRC or the City, so the FLUM designation would result in the same orderly development pattern. 13. Attached the following: a. A ver'dred 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 rase 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) fleet of the parcel to be considered. c. A survey and legal description of the property for which the land use amendment is being reauested. AI'IACHME TA JOWS. .SCE.P.E,PE. SCHULKE, BITTLE & STODDARD, L.L.C. JDDAH B. BIBLE, P.E. WILLWM P. STODDARD. PhD., P.E. CNZL A STRUCTURAL ENGINEERING • LAND PLANNING • EN RONAENTAL PERWTTWG October 4, 2021 Lisa Frazier, Director Community Development City of Sebastian 1201 Main Street Sebastian, FL 32958 Re: Request for Annexation 1.47 acre parcel, 20-31 S-39E 10105 Industrial Park Blvd Dear Ms. Frazier. In accordance with you request for additional information, I have prepared the following document addressing your concerns outlined in your September 30, 2021 email. Please note that Warren Dill, Esq will provide a statement under separate cover which responds to your concerns regarding the site access and status of being "land locked". Upon your review, if you have any questions, or need additional information, please do not hesitate to contact me. Sincere) G! . c5c� Jo ph W. Schulke, P.E. cc: Warren Dill, Esquire Henry Fischer 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 FAx 772 / 770-9496 EMAIIL Info c@sbsengMeers.com STATEMENT Annexation Comprehensive Plan Amendment Zoning Designation Henry A. Fischer Section 20-31S-39E 10105 Industrial Blvd. Indian River County, FL Prepared by: Schulke, Bittle & Stoddard, L.L.C. Joseph Schulke, P.E. 1717 Indian River Blvd, Suite 201 Vero Beach, FL 32960 This statement has been prepared to support a request to annex the subject property into the City of Sebastian and change the future land use map (FLUM)_designation of approximately 1.47 acres from Indian River County "C/1" (Commercial/ Industrial) to City of Sebastian "Industrial" and designate the zoning District for the site to the city of Sebastian's "IL" (Light industrial) district. The purpose of this request is to secure the approvals necessary for developing the property with a future use compatible with the adjacent properties owned by the applicant and to develop within and under the jurisdiction of the City of Sebastian. The landowner is: Henry A. Fischer 10725 US 1 Sebastian, FL 32958 The applicant is: Henry A. Fischer P.O. Box 780068 Page 2 Sebastian, FL 32978 The property is located in section 20-31 S-39E and is located adjacent to the city's south boundary in the SE area of the city, approx. '/4 mile north of 991h St, is accessible via Industrial Blvd thra the adjacent land to the north owned by the applicant. Concurrent with the development of this site, the applicant's intent is to: 1. Develop the property as an extension of the current landowner's other adjacent developed and undeveloped industrial properties lying north, east and south-east. 2. Extend and connect to public water and sewer. Existing utility infrastructure is near the site. An IRC public water main passes along the site near its east boundary (in Industrial Blvd.), and an existing sanitary force main is located only 1,3001f +- south of the site at 950 St/ Industrial Blvd., and an extension of approximately 1300 LF of sewer force main will be completed concurrent with any proposed development plan. 3. Access — Access will be provided to the site through the applicant owned property immediately north of and adjacent to the site. 4. ROW Dedication — There is not any public ROW dedications that are necessary or needed. Page 3 As part of this request, the applicant is providing statements on: I. Impact on Public Facilities and Services. H. Fiscal Analysis III. Environmental Impacts. IV. Compatibility with City's Comprehensive Plan V. Compatibility with Surrounding Areas. Page 4 I. Impact on Public Facilities and Services. The site is located within the county Urban Services Area, an area deemed suitable for urban development. Several services are already provided from both the county and city, including utilities and emergency services and should therefore be compatible with the city's future service areas. The Comprehensive Plan, FLU Element and Intragovernmental Element establishes standards for Concurrency management and specifically, standards for Transportation, Potable Water, Wastewater, Drainage, and Recreation. Chapter IX of the City's Land Development Code, "Concurrency Management", defines the level of service standards for these facilities, and specifies that adequate provisions for these services are necessary to support new development. Because a site plan is not typically prepared for an annexation or Land Use Amendment, the Concurrency analysis is based on an assumption that the site would be developed at an intensity of 10,000 sf per acre, which is the typical development rate assumed for commercial and industrial properties. It is important to consider that the site has an IRC "Commercial/ Industrial" designation, and the annexation and FLUM designation would NOT change the anticipated development use or intensity. Consequently, annexing the property will not substantially increase the impact and demand on public services. However, annexing the site will provide the city control and oversight of the future development of the site, and it will ensure the city will can be the recipient of additional sources of revenue that the city would otherwise not obtain. Transportation: The applicant has contacted the city staff and was advised that the site is anticipated to develop at relatively low density, and its traffic impacts were considered deminimus. However, upon any proposal to develop the site, development review applications will consider the specific development proposal and its specific traffic generation and potential impacts onto any city streets and all affected IRC roadway links within the county's concurrency management system. The anticipated traffic generated is deminimus and therefore will meet concurrency management requirements for all impacted roadway networks. Traffic generated: ADT: (I'M 110) General Light Industrial: 6.97 ADT / 1000 sf x 1.47 acres x 10,000/ ac. =102 ADT (< 400 ADT is deminimus) Access: - Via/ thm the adjacent applicant owned property lying north of the site. The sites are accessed from US 1, west on 99 h St, and north on Industrial Blvd. Page 5 Water and Sewer Utility: Statement: Water and sewer available adjacent/ near the site and will connect. An IRC public water main passes along the site near its east boundary (in Industrial Blvd.), and an existing sanitary force main is located only 1,3001f +- south of the site at 90' St/ Industrial Blvd., and an extension of approximately 1,300 LF of sewer force main will be completed concurrent with any proposed development plan. Demand: 250 GPD per ERC; 1 ERC per 3000 sf (per IRC ordinance 91-9) 250 gpd per ERC per City 54-3-9.7) 1.47 ac x 10,000 sF ac x 1 ERC/ 3000 sf = 4.9 ERC 4.9 ERC x 250 gpd / ERC = 1225 GPD -Water capacity available / South & North County R.O.: 20.01 MGD capacity-14.434 MGD ADF = 5.66 MGD -Wastewater capacity available / Central & West WWTP: 12.85 MGD capacity-6.804 MGD ADF-3-month avg = 6.046 MGD available Capacity data obtained from IRCDUS website, document titled "Department of Utility Services — Water and Wasteivater Plant Information ", last updated 8114120. Solid Waste: The City has an approved private hauler (Waste Management) to provide solid waste collection. The hauler utilizes the IRC transfer and landfill facilities. The calculation demand and capacity are included below: Demand: 1 ton / yr waste per 1 waste generation unit (WGU), 0.4 WGU per 100 sf light industrial. (per IRC ordinance 87-67 and 88-32). The following analysis is provided, consistent with IRC requirements: 1.47 ac x 10,000 sf/ ac x 0.4 WGU / 100 sf x 1 ton/ WGU = 58.8 tons waste Capacity -county landfill: Based on our review of past Landfill capacity records, there is adequate capacity forecasted through 2071. This has been verbally confirmed with Himanshu Mehta, P.E., Managing Director, Indian River County Solid Waste Disposal. Drainage: The drainage level of the service standards outlined in the city's 2040 Comp Plan, include: 1. Post development run-off shall not exceed pre -development run-off for a 25-year 24-hour event. 2. Treatment of run --off from the first l inch of rainfall on -site. 3. Meet design and performance standards of 17-25 FAC. All developments, at time of site plan application, are reviewed for compliance with local and state storm water regulations, which require on -site retention and pollutant Page 6 abatement, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge criteria of the city storm water ordinance and the state -environmental permitting agency (S.J.F.W.M.D.). Therefore, any future development on the site would be prohibited from discharging any runoff in excess of the pre -development discharge rates and prohibited from discharging pollutants in excess of pre -development amounts. Prior to any site development approval, the city's land development regulations require that the proposed development plan provides sufficient evidence that the project, when constructed and operating, will meet or exceed the local and state requirements. Further, the City has adopted and implements a stormwater program to ensure the long-term viability of all stormwater systems. The development of this site would be subject to those requirements, including the payment of an annual Stormwater Impact Assessment (levied through the annual property tax assessment). Recreation: NA — this is a non residential site and will have no impact on the city's recreation facilities. Conclusion: Based on the above data, public facilities for traffic, drainage, solid waste, water, wastewater, and recreation have adequate capacity to accommodate the proposed use of the subject property. Page 7 U. Fiscal Statement The proposal to annex the 1.47 acre industrial property into the City of Sebastian will have a net positive Fiscal Impact to the city. It is generally accepted planning principle that the development of commercial/ industrial sites will have a positive fiscal impact on a city's revenue. In this case., it is important to consider that the site has an IRC "Commercial/ Industrial" designation and "Light industrial" zoning, so the annexation and FLUM designation would NOT change the anticipated development use or intensity. However, annexing the site will provide the city control and oversight of the future development of the site, and it will ensure the city will be the recipient of additional sources of revenue that the city would otherwise not obtain. Page 8 III. Environmental Impacts A Preliminary environmental Assessment has not been prepared for this site due to its small size, proximity to the existing industrial node, and current similar FLUM and zoning in IRC. However, a cursorily review of aerials, SJRWMD inventory of wetlands and surface waters, and review of USGS quad maps has been completed, and the following has been ascertained: the site appears to have been cleared of most vegetation and is currently used for outside vehicular and equipment storage, and does not appear to have any significant native upland communities or wetlands/ other surface waters. Due to its current condition, the site's conditions provide minimal ecological value. Environmental impacts caused by the potential development of the site would be essentially the same under either the existing IRC or the proposed city FLUM designation, or whether in IRC or the City of Sebastian. It is important to acknowledge that prior to any site development, IF any ecological conditions of value were identified, requisitc permits from the Federal government (USFW, ACOE), the state (FDEP, SJRWMD) and local agencies (city and SRID) are required and any wetlands or other natural resources that may be located on the site are protected by federal, state, and city regulations; Consequently, impacts to environmental resources would require the approval of those agencies, and mitigation to off -set any impacts are normally required. A benefit of site development is that water quality impacts to the receiving waters (in this case, the Indian River lagoon) are generally expected to be reduced from current conditions, which appears to have unabated / untreated stormwater run-off from a cleared storage site. Site development regulations require the construction of storm water management systems that detain and prevent erosion and excess stormwater run-off removes pollutants, and often requires the installation and maintenance of shoreline protection buffer(s) when adjacent to surface waters or wetlands, and protection of or mitigation for jurisdictional wetlands on the site. Due to the city and state's efforts to increase regulations to protect the states waters and environment, development standards have been adopted, including the construction of active storm water management systems for new development; to ensure the development decreases the site's impacts to the environment. As a result, the stormwater run-off discharge rates and pollutant volumes discharging off -site will be reduced. The requirements for new development contrast with the past systems that permit drainage directly off -site without any storm water retention or treatment. Therefore, the required storm water management associated with new development should reduce the pollutants and freshwater runoff may currently discharge off -site Page 9 IV. Compatibility with City's Comprehensive Plan (2040) 2040 Comprehensive Plan AnalN,sis: The land is located at the south-eastern edge of the city's current boundary, and is near other industrial zoned properties lying to the east, southeast and north of the property. Approving the annexation and granting the request to re -designate the subject property to a "Industrial" FLUM designation within the city would result in development which would be compatible with surrounding areas and in this case, the site already has an IRC "Commercial/ Industrial" designation and "Light industrial" zoning, so the annexation and FLUM designation would NOT change the anticipated development use or intensity or its compatibility with adjacent properties. However, annexing the site will provide the city control and oversight of the future development of the site, and it will ensure the city will be the recipient of additional sources of revenue that the city would otherwise not obtain. Annexing the property would be compatible with the city's long-term objectives and goals adopted in its Comprehensive Plan. The following references are in direct support of annexation and the designation of "Industrial " FLUM in this vicinity: The following Comp Plan sections are referenced and evaluated.- -Map 1-14: the site is located within the city's annexation reserve area -Policy 1-1.3.7: Industrial land Designation and Policy 1-1.3.10: Allocating Non- residential Land use: *Provide strategically located sites for industrial needs. These sites shall be allocated in areas accessible to arterial roads, and rail corridors, located in more sparsely developed areas, shall consider the impacts to the environment, and on existing and planned public services. -site is located within an established industrial node. The site has an existing IRC commercial/ industrial FLUM designation. -the site is located less than %z mile from US 1, a major arterial road, with access to / from US 1 via 99 h St and Industrial Blvd., which are existing streets which primarily front properties with existing commercial or industrial uses. -the site provided minimal ecological value. -the site will have minimal impact on public facilities (reference section I of this report). -Objective 1-2.2: Prevention of urban sprawl: -site is located within an established industrial node. The site has an existing IRC commercial/ industrial FLUM designation. -the site utilizes existing infrastructure (streets and utilities), minimizing environmental impacts maximizing the efficiency of services provided. Page 10 -Objective 1-2.5: Emergency management: -the site is located outside the FEMA FHA, within % mile of major arterial, will connect to the water utility and have adequate water capacity to mitigate potential fire hazards. -Objective 9-1.1 (Economic growth) -the site provides opportunities for one of the city's primary targeted Industrial clusters — "manufacturing, warehouse/ distribution" -Objective 9-1.3. (Economic growth), policy 9-1.3.1, 9-1.3.3 *Generally the city shall take steps to ensure that appropriate sites are available in the city for the desired commercial/ industrial development that supports the city's economic strategy: -the site is located in the city's annexation reserve area, and will provide areas for future commercial/ industrial development. -the site fulfills a need for future lands for future economic development. V. Compatibility with Surrounding Areas The property is located in section 20-31S-39E and is located adjacent to the city's south boundary in the SE area of the city, approx. Y4 mile north of 99t' St, and fronts on Industrial Blvd. The northern side of the site abuts the City of Sebastian city limits and other lands owned by the applicant, which also has an "Industrial" FLUM designation. The applicant's intent is to develop the lands consistent with the future development of its adjacent properties to the north. The proposed use is compatible with existing and future surrounding land uses. The assumption made in support of this statement is that all of the adjacent properties along the north property line, and sites within the industrial node (generally along industrial Blvd) to the east and south-east have been targeted by the city for firture annexation, and these properties will be assigned an appropriate FLUM and zoning district designation that is compatible with the subject sites. This assumption is based on the similar conditions and circumstances these adjacent sites share with the subject site, especially the city's Comprehensive Plan's Goals and Objectives regarding annexation and the need for Commercial/ Industrial uses to support the city's economic growth goals and objectives. (Reference section IV of this report above for further discussion). Further, approving the annexation and granting the request to re -designate the subject property to a city "Industrial" FLUM designation would result in development which would be the same as that which it would develop under its current IRC FLUM designation. The site already has an IRC "Commercial/ Industrial" designation and "Light industrial" zoning, so the annexation and FLUM designation would NOT change the anticipated development use or intensity or its compatibility with adjacent properties. However, annexing the site will provide the city control and oversight of the future Page 11 development of the site, and it will ensure the city will be the recipient of additional sources of revenue that the city would otherwise not obtain. CONCLUSION Based on the analysis, the city can conclude that the requested annexation and land use designation is compatible with surrounding areas, consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable land use designation amendment criteria. Most importantly, the subject property is in an area that will be well suited for industrial development. Page 12 m or SEBASTIAN HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency November 4, 2021 ITEM 6.E. LPA Legislative Public Hearina — Recommendation to Citv Council Comprehensive Plan Future Land Use Amendment Fischer US 1 1. Project Name: Fischer US 1., 10595 US HWY 1 2. Project Applicant: Henry A. Fischer 10725 US HWY 1 Sebastian, FL 32958 3. Requested Action: Request is for a change from County C/1—Commercial/Industrial to City (GC) — General Commercial (Attachment A) 4. Project Location: Section 17, Township 31 South, Range 39 East Subject Parcels are 6.17 Acres, More or Less Parcel# 31-39-17-000003-00000014.0 Legals: See Deed and Survey (Exhibit 1) 5. Project Description The subject property consists of 6.17 acres, more or less, located south of Schumann Drive and Sebastian Highlands Unit 7, west of US HWY 1, north of vacant property and east of the FEC RR. The property is currently vacant. The subject property is located within unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure (Attachment A). Current land use in the County is C/1-Commercial/Industrial. Application has been made to amend the land use to be compatible with the City of Sebastian Comprehensive Plan 2040 long range plans simultaneously with the annexation of property. The properties land use amendment request is for a CG- General Commercial designation. The applicant does not have a proposed site development plan for the property however any development proposed would be substantially similar to development within the County, should it not be annexed into the City, and would be under the guidance of the City land development regulations. a. Site Characteristics 1) Total Acreaae: (2) Current Land Use(s) (3) Current Zonina: b. Adiacent Properties Zoning North: PS, CG East: RM-6 West: IN South: RM-6 6.17 acres County C/1—Commercial/Industrial County CL — Commercial Limited Current Land Use Commercial Residential Vacant Vacant Future Land Use CG (CITY) C/I (CNTY) MU (CITY) C/I (CNTY) 6. Comprehensive Plan Consistencv a. Changed Conditions: The proposed future change of land use to a general commercial designation is consistent with the current uses of an urban corridor such as US HWY 1. Should the property remain in the County, a more intense commercial or industrial use may be proposed. This is incompatible with the adjacent existing residential and public institution uses to the north within the City. The area is slowly redeveloping into more high density residential and commercial urban corridor. This designation will provide suitable uses for potential future developments. b. Land Use Compatibilitv: According to the Land Use Element, CG is to "accommodate general retail sales and services; highway oriented sales and services, and other general commercial activates. This designation is generally located in highly accessible areas, adjacent to major arterials. This promotes the image and function of the urban core which is the City's center for commerce. General Commercial land uses comprise only 2.6% of the total land uses in the City. The establishment of commercial land uses along a major arterial is in conformance with the long range plans of the City. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed land use have been provided in Attachment A. The property has provided assurance of the availability of sufficient public access and public facilities. The property is within the current service boundary for water/sewer and public safety. e. Natural Environment: The subject property appears to have been previously cleared and retains little natural areas. However, a natural resource assessment will be required as part of the permitting and development process. f. Economic Effect: The property is currently vacant and located along a major transportation arterial. As the City grows, this corridor will demand additional commercial uses to serve the residents. With the potential annexation and change in land use, the property can provide needed commercial services along this urban corridor for the benefit of the residents and regional travelers. Commercial types of uses within a community provide a higher value to future residential or commercial development, which support the tax base within the City. g. Orderly Development: The proposed land use change is consistent with the comprehensive plan and provides an orderly development pattern. h. Public Interest: The proposed land use change does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040. 7.Conclusion: The requested land use change from County C/I to City GC is consistent with the Comprehensive Plan and staff supports a recommendation of approval to the City Council from the LPA. Lisa L. Frazier, AICP 11/04/2021 PREPARED BY DATE 2 1998011 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK C3:RLUIT COURT ILID2AN RIVER CO FL, BK: 2347 PG: 200, 06/12/2009 02:05 tad DOC STAMPS D $0.70 EXHIBIT 1 Res. Fee $10.00 pF' Doe. Sips. $0.70 Prepared by and Reborn to: Fischer Family partnership, LLC PO Box 780068 Sebastian, FL 32978-0068 Tax ID 8 31-39.17-00000-3000-00014.0 THIS WARRANTY DEED made the dry of Ji—ine cpmq by Sebudan General Partnership, BF.T., a Florida General Psrtnmhip hereinafter called the grantor, to Fischer Family Patmuahfp, LLC, a Florida Limited Liability Company whose oddtess is: PO Box 780068, Sebastian, FL 329784068 hereinafter called the grantee: WITNESSETH: That the grantor, for end in consideration of the am of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargalns, sells, atens, ramiaas, releasss, conveys and confirms unto the grantee all that certain lend album in Indian Rives Comity, State of Florida, viz; Beginning at the Northeast coma of that part of the South 1/2 of the Southeast 114 of the Northwest IM, lying East of the right-of-way of Florida East Coast Railway, and West of the public road, in Section 17, Township 31 South, Range 39 Feat, said point of beginning being al the intersection of the North line of the following described tract with the Southwesterly right,£ -wry line of U.S. Highway No. 1; fiom said point of beginning run chi thence West (South 89" 28' Wert) along the North line of old Usti for a distance of 906.9 feet to an bon pipe on the Northeasterly right-of-way line of the Florida Fast Coast Railway, thence nun Southeasterly along the Northeasterly line of said rightof-way for a distance of 359.48 fed to an iron pipe; thence Bast (North 89" 20' Bast) for a distance of 836.8 feet to an iron pipe on the Southwesterly right -of --way line of U.S. Highway No, I, thence run Northwesterly along the said right-of-way line for a distance of 372 fed to an Iron pipe and the point of beginning. Subjed property Is not nor don It adjoin tie homestead property of the granter hrelo. zNo consideration was paid for this aramaetim. `s. TOGETHER, with all the tenements, hereditements end appurtenances thereto belonging or in mywhe appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby coven" with said grantee that the grantor is lawfully seized of old lend in fee simple; that the grantor has good right and lawful allthority to all end convey said land, and hereby warrants the title to said lend and will defend the sent, against the lawild claims of all persons whomsoever, and that said land is free oral eommbrences, except taxes accruing subsequent to December 31, 2DD6. IN WITNESS WHEREOF, the said grantor has signed and scaled these presents the day and year first above wrluen. Signed, staled and delivered in the presence of. :HM ASTIANL PARTNERSHIP, B.F.T., rldapA caber, (iemenl Parm" Grantor's Address: PO Box 780068 Sebas im, FL 32978-0069 Prtnte gnamre oft"" ,rasa STATE OF FLORIDA COUNTY OF NDIAN RIVER The foregoing humans was ealmowiedged before me on this date, by theory A Fischer, Omeut Partner of Sebmim Oer a al pertmmtip, H.P.T., a Flaldta nenl Partnership, who Is penrom0y kaen m m e or who has produced: _ __ mideod0anion. WDN88S my hand and otfrcmi seal in the Stue and County lot aforaNd this &day of CC) I NOLry'a Peintnd }June M 'y )��d Tis_.p (Namry 00nrmubnODD5111288 ww6'4*1r8r.ya,: 1, 01saeiarrr 2021 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT DOCUMENT# L04000042016 Entity Name: FISCHER FAMILY PARTNERSHIP, LLC Current Principal Place of Business: 10753 US HWY. #1 SEBASTIAN, FL 32958 Current Mailing Address: 10753 US HWY.#1 SEBASTIAN, FL $2958 US FEI Number: 20.1463281 Name and Address of Current Registered Agent: FISCHER, HENRY ANTHONY 1D753 US HWY.#1 SEBASTIAN. FL 32958 US FILED Feb 25, 2021 Secretary of State 00709406SOCC Certificate of Status Desired: No The wines nannedenapeuonels Oisalatenrent for1W pwpose ofchanitk##s rap' %od 07"orw#/blt4d pent pf both, In the Stale nIFlotlde. SIGNATURE: HENRY ANTHONY FISCHER „(;��y ({.j,I/ ,YtL. 02/25/2021 Electronic S19MWM of Registered Agent I - Date Authorized Person(s) Detail : TIBe MGRM Name FISCHER, HENRY ANTHONY Address 10763 U.S. HIGHWAY 1 CIgStatedlpt SEBASTIAN FL 32958 I nemdY CSSy Me11M MbmlWwi+pealed on W. mad ar nMNmeMNmpm IS ee9'-,ef Wene'Molmr segmrYvaWMfun MYhere IN eelne#W emdulmea elder nM; &,vp11OIAD"IdGe0e9'Wn e, Pe Iecehw Va enpo ft 0Y 91WMI' lm'egL* lYCllei1"" Fbd* aY wsM Mal wryee glpeCnebore, ard1 nn Meotanenl v eta elane1vempmwmd. SIGNATURE: HENRY ANTHONY FISCHER 02/25/2021 Electronic Signature of Signing Authorized Person(e) Detail Date Permit Application No. ow City of Sebastian aarrarnourrewm Development Order Application /�➢,plkent (If not owner. ! tten authori�tlon (notarized) from owner is reoulred) I Name' Henry A. Fischer 1 Address: 11 10725 US Hwy 1, Sebastian, FL 32956 l Phone Number. ( 772 ) 589 - 3159 FAX Number. ( 772 ) 689 - 7731 E-Mail: haft@bellsouth.net I Owner (If different from applicant) I Name: Address: Phone Number. ( ) E-Mail: Title of permit or action requested: FAX Number. ( Comprehensive Plan Amendment- Land Use 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 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Fischer 10695 US Hwy 1 (6.17 acre) Annexation I B. Site Information Addrese: 10595 US Highway 1, SEBASTIAN, FL 32958 Lot: Block: Unit Subdivision: Indian River County Parcel * 31391700000300000014.0 Zoning Clessification:aoPO-d cos> --m Future Land Use: Proposed cos: General commercial E)®5ng IRC: CL - Commerds Umited Eidatim IRC: CA: Commercel/Intustrtai Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets If neeessa"I: After annexation, designate the parcel "General Commercial" on the Future Land Use Map DATE RECEIVED: _/_/ FEE PAID: $ RECEIVED BY: Pemlit Appllr tion No. D. Project Personnel: Agent: Name: Phone Number. ( ) FAX Number. ( ) Attorney: Name: - Warren Dill, Esquire -_Dill, Evans & Rhodeback Address 1565 US Hwy 1, Sebaslian, FL 32958 Phone Number: (772 ) 689 - 1212 FAX Number. ( ) E-Mail: _ wwd@diilevans.com _ _ Engineer: Name: Joseph W. Schulke, P.E., Schulke, Bitlle &Stoddard, LLC Address _ 1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960 Phone Number: (772) 770 - 9622 FAX Number: (772) 770 9496 Jschulke@sbsengineers Dom — Surveyor: - - .--- — _ fie: William B. Zentz & ASSOC., Inc. Address 884 Old Dbda Hwy., Vero Beach, FL 32962 _ Phone Number. (772 ) 567 -7552 FAX Number. (772 ) W7 -1751 E-Malf: blllz-wbz@comrasLnet 1, Henry A. Fischer , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: N/_ I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPUCATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCUFu)T �A�'ID TRUE TO TlIfrEST0 MlYNOWLEDGE AND BELIEF SIGNATURE v I DATE U A` SWORN TO AND SUBSCRIBED BEFORE ME BY f1�� I Il , / i MI V %)C 2_ 1 _L i%LN6 VyHn IS PFRCnNALLY KNOWN TO ME OR PR U �p AS IDENTIFICATION, THIS__ _ DAYOF ,2O NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./E%PIRATION SEAL: Pennk 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/INE,.L THE OWNERS) I _ THE LEGAL REPRESENTATIVE OF THE OWNERS) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Plannirn & ZonkM and City Coudl BOARDICOMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MVIOUR PENDING APPLICATION. ME HEREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARDICOMMISSION 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 CONSTrUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER D CONSENT IS BEING SIGNED BY MrJUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISE, , SY AN1{ PLOGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. i l/(III 1�Ilfll!!�i CoI SIGMAYURE bhTEr,/ Swom to and su scribed before me by lqp/) f2j A hUji()171.1 �7jf,,:�ijy i who is personally known to me or produced ' ' as identification, this ; day of 1 I 1 fl 1 11 i4 2g;1. Notary's Signature Printed Name of Notary ! 1111j i1V I[I'. i'r ' 1 rr-f ; Commission No.lExpiration 1 P. I PG't/' 1 _ h I!i i �'J Y1 i' Seal: P4PrM]t MPiWW NO.- Q& Supplieinentall Inforination Q7s CoMpreheirlsive Plan AMbndmont (Land Use) ATrACH.ADOMRAL PAWS IF NMEMRY. —1, Curr&fitlafid use n*4p designation, IRC: C/I: Commercial/Industrial I— 2, Proposed larid,use Map designation- COS: General Commercial 3. Size of project in acres: 6.19 — 4. D8801136 the Impact Of the 000696d 401669.9 611 the Other elemPlUs Of Me None 5. 19 the Proposed amendment oornsistent with the other elements of the Qwnprehonslve plan? It - not, wt#ch one(s)? Yes 6. Is the., proposed amendment in conformance with appliceWe sub;rOntive requirements of the city of $ebaWan Code of Ordinances? If not wbich oha(S)7 Yes Pewmtt Appftflon No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? None 8. Is the proposed amendment compatible with the existing or future land uses of the city? if not, why not? N/A - The land has an IRC FLUM of C/I (Commercial / Industrial). Upon annexation, the proposed City FLUM is "General Commercial". The existing and proposed FLUM designations are similar.. 9. Are there adequate pubiic f clUVes to serve the proposed land use? if not, which one(s) are not adequate? Yes 10. Would the proposed amendment result in a significant adverse Impact an the natural environment? If so, describe the impact No, any development proposed would be substantially the same whether In IRC or the City, so the FLUM designation would not result in a change In the anticipated lr. If anv. Pemtit Applkadan 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. No, any development proposed would be substantially the same whether In IRC or the City, so the FLUM : designation would not result in a change in the anticipated property values. if anv. 12. Does the proposed amendment result In an orderly development pattern? If not, desatbe. Yes, anv development proposed would he substantially the same whether In IRC or the City, so the FLUM designation would result in the same orderly development pattern. 13. Attached the following: a. A verified statement showing each and every individual person having a legal arWor 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 AI'IACHME . NT A JOSEPH W. SCHULKE, P.E. SCHULKE, BITTLE & STODDARD, L.L.C. JODAH B. WME, P.E. WaI AM P. STODDMD. Ph.D.. P.E. CIVIL 6 STRUCTURAL ENGWWR1NG •LAND PLANAIM • ENVIRONMENTAL PERMff7lNG October 5, 2021 Lisa Frazier, Director Community Development City of Sebastian 1201 Main Street Sebastian, FL 32958 Re: Request for Annexation 6.17 acre parcel,17-31 S-39E 10595 US Hwy 1, South of Schumann Dr. Dear Ms. Frazier: In accordance with you request for additional information, I have prepared the following document addressing your concerns. Upon your review, if you have any questions, or need additional information, please do not hesitate to contact me. Sincerely, �5chl&z Joseph W. Schulke, P.E. cc: Warren Dill, Esquire Henry Fischer 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 TEL 772 / 770-w22 FAX 772 / 770-9496 EMAIIL infb@sbsengineers.com STATEMENT Annexation Comprehensive Plan Amendment Zoning Designation Henry A. Fischer Section 17-31S-39E 10595 US Hwy 1, South of Schumann Dr. Indian River County, FL Prepared by: Schulke, Bittle & Stoddard, L.L.C. Joseph Schulke, P.E. 1717 Indian River Blvd, Suite 201 Vero Beach, FL 32960 This statement has been prepared to support a request to annex the subject property into the City of Sebastian and change the future land use map (FLUM)_designation of approximately 6.17 acres from Indian River County "C/P' (Commercial/ Industrial) to City of Sebastian "General Commercial" and redesignate the zoning District for the site from Indian river county "CL" (commercial limited) to the City of Sebastian's "CG" (Commercial General) district. The purpose of this request is to secure the approvals necessary for developing the property with a future use compatible with the adjacent properties and the applicants' intentions for development. The applicant intends on developing a Trades Center/ Business Park within and under the jurisdiction of the City of Sebastian. The landowner is: Henry A. Fischer 10725 US 1 Sebastian, FL 32958 Page 2 The applicant is: Henry A. Fischer P.O. Box 780068 Sebastian, FL 32978 The property is located in section 17-31 S-39E and is located adjacent to the city's south boundary in the east area of the city, approx. 200' south of Schumann Dr. on US 1, and is directly accessible via US 1. Concurrent with the development of this site, the applicant's intent is to: 1. Secure the approvals necessary for developing the property with a future use compatible with the adjacent properties and the applicants' intentions for development. The applicant intends on developing a Trades Center / Business Park within and under the jurisdiction of the City of Sebastian. 2. Connect to public water and sewer. Existing utility infrastructure (water and sewer) is adjacent to the site within US 1. Connections to both water and sewer will be completed concurrent with any proposed development plan. 3. Access — Access will be provided to the site via the sites US 1 frontage. 4. ROW Dedication — There is not any public ROW dedications that are necessary or needed. Page 3 As part of this request, the applicant is providing statements on: I. Impact on Public Facilities and Services. H. Fiscal Analysis III. Environmental Impacts. IV. Compatibility with City's Comprehensive Plan V. Compatibility with Surrounding Areas. Page 4 I. Impact on Public Facilities and Services. The site is located within the county Urban Services Area, an area deemed suitable for urban development. Several services are already provided from both the county and city, including utilities and emergency services and should therefore be compatible with the city's future service areas. The Comprehensive Plan, FLU Element and Intragovernmental Element establishes standards for Concurrency management and specifically, standards for Transportation, Potable Water, Wastewater, Drainage, and Recreation. Chapter IX of the City's Land Development Code, "Concurrency Management", defines the level of service standards for these facilities, and specifies that adequate provisions for these services are necessary to support new development. Because a site plan is not typically prepared for an annexation or Land Use Amendment, the Concurrency analysis is based on an assumption that the site would be developed at an intensity of 10,000 sf per acre, which is the typical development rate assumed for commercial and industrial properties. It is important to consider that the site has an IRC "Commercial/ Industrial" designation, and the annexation and FLUM designation would NOT change the anticipated development use or intensity. Consequently, annexing the property will not substantially increase the impact and demand on public services. However, annexing the site will provide the city control and oversight of the future development of the site, and it will ensure the city will can be the recipient of additional sources of revenue that the city would otherwise not obtain. Transportation: The site has an IRC "Commercial/ Industrial" designation, and the annexation and FLUM designation would NOT change the anticipated development use or intensity. However, upon any proposal to develop the site, development review applications will consider the specific development proposal and its specific traffic generation and potential impacts onto any city streets and all affected IRC roadway links within the county's concurrency management system. The anticipated traffic generated is deminimus and therefore will meet concurrency management requirements for all impacted roadway networks. Tmffiic generated: ADT: (ITE 770) Business Park: 12.44 ADT / 1000 sf x 6.17 acres x 10,000/ ac. = 767 ADT Access: - Via the adjacent arterial road - US 1. Water and Sewer Utility: Page 5 Statement: Water and sewer available adjacent to the site and will connect. Existing utility infrastructure (water and sewer)- is adjacent to the site in US 1. Connections to both water and sewer will be completed concurrent with any proposed development plan. Demand: 250 GPD per ERC; 1 ERC per 112500 sf, and 1 per 5000 sf thereafter (per IRC ordinance 91-9) 250 gpd per ERC per City 54-3-9.7) 1+ [(6.17 ac x 10,000 sf/ ac-2500) x 1 ERC/ 5000 sf] =12.8 ERC 12.8 ERC x 250 gpd / ERC = 3200 GPD -Water capacity available / South & North County R.O.: 20.01 MGD capacity-14.434 MGD ADF = 5.66 MGD -Wastewater capacity available / Central & West WWTP: 12.85 MGD capacity-6.804 MGD ADF-3-month avg = 6.046 MGD available Capacity data obtained from IRCDUS website, document titled "Department of Utility Services — Water and Wastewater Plant Information ", last updated 8114120. Solid Waste: The City has an approved private hauler (Waste Management) to provide solid waste collection. The hauler utilizes the IRC transfer and landfill facilities. The calculation demand and capacity are included below: Demand: l ton / yr waste per 1 waste generation unit (WGU), 0.25 WGU per 100 sf (office/ general business) . (per IRC ordinance 87-67 and 88-32). The following analysis is provided, consistent with IRC requirements: 6.17 ac x 10,000 sf/ ac x 0..25 WGU 1100 sf x l ton/ WGU =154.3 tons waste Capacity -county landfill: Based on our review of past Landfill capacity records, there is adequate capacity forecasted through 2071. This has been verbally confirmed with Himanshu Mehta, P.E., Managing Director, Indian River County Solid Waste Disposal. Drainage: The drainage level of the service standards outlined in the city's 2040 Comp Plan, include: 1. Post development run-off shall not exceed pre -development run-off for a 25-year 24-hour event. 2. Treatment of run—off from the first 1 inch of rainfall on -site. 3. Meet design and performance standards of 17-25 FAC. All developments, at time of site plan application, are reviewed for compliance with local and state storm water regulations, which require on -site retention and pollutant abatement, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge criteria of the city storm water Page 6 ordinance and the state -environmental permitting agency (S.J.R.W.M.D.). Therefore, any future development on the site would be prohibited from discharging any runoff in excess of the pre -development discharge rates and prohibited from discharging pollutants in excess of pre -development amounts. Prior to any site development approval, the city's land development regulations require that the proposed development plan provides sufficient evidence that the project, when constructed and operating, will meet or exceed the local and state requirements. Further, the City has adopted and implements a stormwater program to ensure the long-term viability of all stormwater systems. The development of this site would be subject to those requirements, including the payment of an annual Stormwater Impact Assessment (levied through the annual property tax assessment). Recreation: NA — this is a non residential site and will have no impact on the city's recreation facilities. Conclusion: Based on the above data, public facilities for traffic, drainage, solid waste, water, wastewater, and recreation have adequate capacity to accommodate the proposed use of the subject property. Page 7 EL Fiscal Statement The proposal to annex the 6.17 acre industrial property into the City of Sebastian will have a net positive Fiscal Impact to the city. It is generally accepted planning principle that the development of commercial/ industrial sites will have a positive fiscal impact on a city's revenue. In this case., it is important to consider that the site has an IRC "Commercial/ Industrial" designation and "Commercial limited" zoning, so the annexation and FLUM designation would NOT change the anticipated development use or intensity. However, annexing the site will provide the city control and oversight of the future development of the site, and it will ensure the city will be the recipient of additional sources of revenue that the city would otherwise not obtain. Page 8 M. Environmental Impacts A Preliminary environmental Assessment has not been prepared for this site due to its small size, proximity to the existing US 1 commercial corridor, and current similar FLUM and zoning in IRC. However, a cursorily review of aerials, SJRWMD inventory of wetlands and surface waters, and review of USGS quad maps has been completed, and the following has been ascertained: the site appears to have been cleared of most vegetation. The front %2 appears to be somewhat regularly bush hogged/ mowed, and the rear V2 appears to have been part of a larger citrus grove in the past. The site does not appear to have any significant native upland communities, and has invasive vegetative growth through -out the remaining wooded areas of the site (primarily at the west PL) site. Not significant exotic. There appears to be a small depressional area that bisects the site in the north / south direction that may be classified as a disturbed wetland. However, due to its current condition, small size, and prior use (citrus), the site's condition provides minimal ecological value. Environmental impacts caused by the potential development of the site would be essentially the same under either the existing IRC or the proposed city FLUM designation, or whether in IRC or the City of Sebastian. It is important to acknowledge that prior to any site development, IF any ecological conditions of value are identified, requisite permits from the Federal government (USFW, ACOE), the state (FDEP, SJRWMD) and local agencies (city and SRiD) are required and any wetlands or other natural resources that may be located on the site are protected by federal, state, and city regulations; Consequently, impacts to environmental resources would require the approval of those agencies, and mitigation to off -set any impacts are normally required. A benefit of site development is that water quality impacts to the receiving waters (in this case, the Indian River lagoon) are generally expected to be reduced from current conditions, which appears to have unabated / untreated stormwater run-off from a cleared storage site. Site development regulations require the construction of storm water management systems that detain and prevent erosion and excess stormwater run-off, removes pollutants, and often requires the installation and maintenance of shoreline protection buffer(s) when adjacent to surface waters or wetlands, and protection of or mitigation for jurisdictional wetlands on the site. Due to the city and state's efforts to increase regulations to protect the states waters and environment, development standards have been adopted, including the construction of active storm water management systems for new development, to ensure the development decreases the site's impacts to the environment. As a result, the stormwater run-off discharge rates and pollutant volumes discharging off -site will be reduced. The requirements for new development contrast with the past systems that permit drainage directly off -site without any storm water retention or treatment. Therefore, the required storm water management associated with new development should reduce the pollutants and freshwater runoff may currently discharge off -site Page 9 IV. Compatibility with City's Comprehensive Plan (2040) 2040 Comprehensive Plan Analvsis: The land is located at the east central edge of the city's current boundary, and is near other commercially zoned properties lying to the north (city) and south (IRC) along the US 1 commercial corridor. Approving the annexation and granting the request to re -designate the subject property to a "General Commercial " FLUM designation within the city would result in development which would be compatible with surrounding areas and in this case, the site already has an IRC "Commercial/ Industrial" designation and "Limited commercial " zoning, so the annexation and FLUM designation would NOT change the anticipated development use or intensity or its compatibility with adjacent properties. However, annexing the site will provide the city control and oversight of the future development of the site, and it will ensure the city will be the recipient of additional sources of revenue that the city would otherwise not obtain. Annexing the property would be compatible with the city's long-term objectives and goals adopted in its Comprehensive Plan. The following references are in direct support of annexation and the designation of "General Commercial" FLUM in this vicinity: The following Comp Plan sections are referenced and evaluated.- -Map 1-14: the site is located within the city's annexation reserve area -Policy 1-1.3.3: General commercial development; Policy 1-3.9 Pattern of non-residential land use and Policy 1-1.3.10: Allocating Non-residential Land use: *Provide strategically located sites for general retail sales and services, highway - oriented sales and services, and other general commercial activities. These sites shall be in highly accessible areas adjacent to major arterials. Developed areas shall consider the impacts to the environment, and on existing and planned public services. -site is located within an established commercial corridor (US 1). -the site has an existing IRC commercial/ industrial FLUM designation. -the site is located on and fronts US 1, a major arterial, and with direct access to the residential core area by Schumann Dr., located only 200' north of the site. -the site provided minimal ecological value. -the site will have minimal impact on public facilities (reference section I of this report). -at 6.17 acres, the property is large enough to site a large employment attractor. A 50,000 sf to 100,000 sf facility could be developed, housing one of the city's main targeted Commercial clusters listed in Policy 9-1.1.1 . Page 10 -Objective 1 2.2: Prevention of urban sprawl: -site is located within an established Commercial corridor. The site has an existing IRC "Commercial/ Industrial" FLUM designation. -the site utilizes existing infrastructure (streets and utilities), minimizing environmental impacts, maximizing the efficiency of services provided. -Objective 1 2.5: Emergency management: -the site is located outside the FEMA FHA, fronts on a major arterial, and will connect to the water utility and have adequate water capacity to mitigate potential fire hazards. -Objective 9-1.1 (Economic growth) -designating the site with a "Commercial General" zoning district will permit the development of the site with many of the city's primary targeted Commercial clusters listed in Policy 9-1.1.1 . -Objective 9-1.3. (Economic growth), policy 9-1.3.1, 9-1.3.3 *Generally the city shall take steps to ensure that appropriate sites are available in the city for the desired commercial/ industrial development that supports the city's economic strategy: -the site is located in the city's annexation reserve area, and will provide areas for future commercial/ industrial development. -the site fulfills a need for future lands for future economic development. V. Compatibility with Surrounding Areas The property is located in section 17-31 S-39E and is located adjacent to the city's east central boundary, approx. 200' south of Schumann Dr., and fronts on US Highway 1. The northern side of the site abuts the City of Sebastian city limits and other lands with a "General Commercial" FLUM and a "Commercial General" zoning district designation. The applicant's intent is to develop the lands as a Trades Center / Business Park within and under the jurisdiction of the City of Sebastian. The use is consistent with the existing uses within the city's US 1 corridor area adjacent to and north of the site. The proposed use is compatible with existing and future surrounding land uses. The assumption made in support of this statement is that all of the adjacent properties along the US 1 corridor in this vicinity have been targeted by the city for future annexation, and these properties will be assigned an appropriate FLUM and zoning district designation that is compatible with the subject sites' FLUM and zoning. This assumption is based on the similar conditions and circumstances these adjacent sites share with the subject site, especially the city's Comprehensive Plan's Goals and Objectives regarding annexation and the need for Commercial/ Industrial uses to support the city's economic growth goals and objectives. (Reference section IV of this report above for further discussion). Page 11 Further, approving the annexation and granting the request to re -designate the subject property to a city "General Commercial" FLUM designation would result in development which would be the same as that which it would develop under its current IRC FLUM designation. The site already has an IRC "Commercial/ Industrial" designation and "Limited Commercial" zoning, so the annexation and FLUM designation would NOT change the anticipated development use or intensity or its compatibility with adjacent properties. However, annexing the site will provide the city control and oversight of the future development of the site, and it will ensure the city will be the recipient of additional sources of revenue that the city would otherwise not obtain. CONCLUSION Based on the analysis, the city can conclude that the requested annexation and land use designation is compatible with surrounding areas, consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable land use designation amendment criteria. Most importantly, the subject property is in an area that will be well suited for industrial development. Page 12 Im F SEBASTIAN HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency November 4, 2021 ITEM 6.F. LPA Leaislative Public Hearina — Recommendation to City Council Comprehensive Plan Future Land Use Amendment Cross Creek Addition 1. Project Name: Cross Creek Addition, 1820 Shakespeare St. 2. Project Applicant: Henry A. Fischer 10725 US HWY 1 Sebastian, FL 32958 3. Requested Action: Request is for a change from County R—Rural to City (VLD)—Very Low Density (Attachment A) 4. Project Location: Section 31, Township 39South, Range 30 East Subject Parcel is 19.58 Acres, More or Less Parcel # 31-39-30-000005-00000003.0 Legals: See Deed and Survey (Exhibit 1) 5. Project Description The subject property consists of 19.58 acres, more or less, located at the SE intersection of Shakespeare St. and Yearling Trail, % mile north of CR510. The property is surrounded by existing residential and vacant residential land uses. The property is currently vacant. The subject property is located within an enclave of unincorporated Indian River County, surrounded on three sides and contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure (Attachment A). Current land use and zoning in the County is R-Rural and A-1. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans simultaneously with the annexation of property. The properties land use amendment proposal is for VLD-Very Low Density Residential which is compatible with the existing adjacent Cross Creek Lake Estates development. The applicant does not have a proposed site development plan for the subject property at this time. However, it has been presented that this property, as well as the 20 acres adjacent to the east, are proposed to become part of the existing platted development. a. Site Characteristics 1) Total Acreage: (2) Current Land Use(s) (3) Current Zonina: b. Adiacent Properties Zoning North: RS-10 East: RS-10 West: RS-10 South: A-1 19.58 acres County R-Rural County A-1— Agricultural Current Land Use Residential Residential/Vacant Residential Vacant Future Land Use VLD (CITY) VLD (CITY) VLD (CITY) R (CNTY) 6. Comprehensive Plan Consistency a. Changed Conditions: The proposed future change of land use to a very low density residential designation is consistent with the current surrounding uses. Existing residential development surround this property which is planned to become part of the existing Cross Creek Lakes Estate subdivision. This designation will provide suitable uses for potential future developments. b. Land Use Compatibilitv: The Land Use Element states that VLDR "shall be comprises of primarily single-family detached homes on individual lots." Though VLDR provides over 14% of the City's land use designation, this location is compatible with the long range plans for this part of the City. This area is located, and surrounded by, single family neighborhoods which should remain undisturbed by the encroachment of potentially incompatible non-residential development (Policy 1-1.2.7) and (Objective 1-2.2) the prevention of urban sprawl. The proposed land use and future development will support compact development within the urban service boundary while also providing infrastructure improvements to the area. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed land use have been provided in Attachment A. The property has provided assurance of the availability of sufficient public access and public facilities. The property is within the current service boundary for water/sewer and public safety. e. Natural Environment: An environmental assessment of the subject property was performed and the property includes vacant, disturbed lands. Habitat for listed species and wetlands were identified. All natural resource protection measures will be required as part of the permitting and development process. f. Economic Effect: The property is currently vacant and located within a low density residential area of the City. The adjacent development, Cross Creek Lake Estates, will be expanded to the west and provide a potential right-of-way alignment to CR 510. Additional road R/W is essential to provide access to CR 510 and provide alternative safety routes to residents within the highland neighborhoods during evacuations and other emergency actions. In addition, the development will bring sewer and water further west into this part of the City. These infrastructure improvements provide a higher value to future residential or commercial development, which support the tax base within the City. g. Orderiv Development: The proposed land use change is consistent with the comprehensive plan and provides an orderly development pattern. h. Public Interest: The proposed land use change does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040. 7.Conclusion: The requested land use change from County R to City VLD is consistent with the Comprehensive Plan and staff supports a recommendation of approval to the City Council from the LPA. Lisa L. Frazier, AICP 11/04/2021 PREPARED BY DATE 61 Ownership Documentation • Deed • Letter of Authorization • IRC Property Appraiser's Information *SURVEY EXHIBIT 1 Page 16 3120190042484 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK.- 3224 PG: 21, 7/18/201910:05 AM D DOCTAX PD $1,400.00 Pin, - bysrdRanbz Tseaot ltlatesodda 2= Liphrmo Defile 31 1� Acd% TX 78M L W4to V DEED 1 TbWsflralltjrDadMtbEsdgat byJsoma as ParmaoT 17t &&t I1*N4. alwaw= �atlod dra gsardor wbgsa post omw adm w ix 3430 LDftAudnipima m: CDA1U=UAaTio= ISmimd EAdA lq► CmW&M above Pad altlas ad t 1r. 2M Ll wvn 0rlvs; Awclm6 TX 7lM AavWsft allod tlaPl WKl-Il 'b5A .rM: T4tadd graamy ete and bt mmldaraelaa oftheam otTsa Dottria. Cad obsrvsdsbia cKduw*w4 mod$ wham! B 6ceby ada7atirla%4 bwbyviaftbwzft adkiks, trmiaes, Beata, oovgs Cad omftw om tho 3eaaI o2lat me0 9 rand stanw is bdim Alm oomly. Fbe "vir PARCEL 1: Tbo Soati mM 3M afMa Naeftast IA afft SormwaUA of sood= 30, Tawoddp 31 Soam. VAAp 39 Bag b hdhm Mw C=q� Flo W AND PARCi1.3: 8agta- aft Soar3►westaoenar oitho Nod hvxd W afdw Wardmut W dbo Sawn at 1A dSoalaa 30. Tbwaship 31 Sow ROPo 39 test Rm Xoah a dktm of IN loco tba 8aattldstaaaad3abssdsa iligbisada. thti< tt. a r000rdod m PFaI Boot7. ps fte S64t. PabHa Romedsd bdlmWmCamy.Florida,tisr=aomltmeNaetbsdktm of ISOtta;t o=nmSettadAumof150>l+ta:t[itooerum Sao&a db=m OM bat b Ow Sootl Hw ofss3dtiordmed V4 offtl4adswat L4$ Clow Badman 1/4. dmw nor Wbaa dbwm of ISO fsa to PAN of BgAmiag. 30lsodbylaf and b ft b S$W= 30,Towmbb 31 Satetk OMPo 39 F,let is todim RlsaCOWW, Florida. AND PARCEL11 Tim NoAWW U4 afthoNaetbw O 114 of dto 5GWW d U4 of Sodiao 30, Townft 31 Book Raop 39 Batt. d ofaW W bt a and being labdfaaRlvt: .Piaida;LMANDMCC8P? 071MVOLLOMMBgdm* atolmilaeetaomarafefalloe�tlMddw Norbwast 1/4 af� 1/4 ofScWmSO. Tamm* 31 Sam%Rmp 39 BasL rmt>�dhsdltrmaoof 100lieam tba SJat>b�aoroeraf Setr�sr ii�l�[hdt it. as:000�erled to Pitt800k7. p� S6•P. WbffiRroordr di�im RleaOoa�.Piotidx oxomooaooucNoe�S�a dbmmd150bet;d mwea0FatsaCsmmCf130*Mbeooaetm3oamaditmof250haw* omAltaatuMvkettnrea1/4of Nargmtst U4 ofto o R m 10 M'. d m Wort adirtmm d ISO ftwtm tins POWd8agiaaha to Iadiaal h W C=06 FAA& tars and es:aptososls sad Rod Rl�rb aSoilay. . This NvpetOrb aatmehommierd aftaa tlanbx�ja). . w�+y widt dl tk l wmcoq handll wad .. thaecm bdoatla of la mow lso apatstaiag. To More and to Hold. den mm in lbo ainvio lbcatpar. A Xd dre graaDo W tfy Wvam* with tdd @aatCa owtho gmw b IxM tb aeisad of sold Lod Into shuv% tttstttw v bu fiord d& sad b wAd sr of m igr town wd owNgjtddbZ4 that Mow I bmby ft ft wsaaati tho titb b asid tsadaad wig dtR+ad the samo epimttlto kwu cwm daft pasoaa wboe nww.. adthat sold 1md Is Lea of dl saeo Mbmmaas. emnlomt asxaeioP et okelm adI C uccan d woad. ifarty. cm is = -wo tor Cad'gramesr' msia shod by ooabuod b iaaZiwo ru gmea, tod:� a Ptaasl as tha aoataa;adiasras) IN WrMCSS Wifii REOF. arm:w bs hassmao sa graoa es band sad aad tto e w and yar sra obaw w>foL S}3oo4 3mW Cad Dotivcmd In 0w Pe o p Cstipab'l m Parmadsip. A IOaFairareArttM34 B&I 12,4S74 ;1,./" '^-` AI`. . 3r¢aa Musnadrfa. as taa:�aP l+sam�er w1am ` D FrATE OF: 7ba t tosbrmsme wss ... � , .,„ t boew tor. tbis drat N3114 .,a>-_tcl bysm" mm= °w a ti,t�ss PsbraafCat>gakTtuaaPawnaseip 5�111.37E4. aDdawsao Pareloaetbtpp Who iduesyaaaaany Isaoaam aoa orwLo eadbave t� deicer tip) ss idsadllosllao. z+nbtia iAliA.1. QIMN�11 R�pP Now, of Now Vxk Ck~o !7 - DocuSign Envelope ID: 8A92FBQ0-6FEO-45B3-9908-279BOFD40CEF City of Sebastian Planning and Zoning 1225 Main St Sebastian, FL 32958 RE: 1820 Shakespeare St., Sebastian, FL 32958 P I D: 313 93000000500000003.0 Annexation Request To Whom It May Concern: I hereby give authorization to Dr Henry A Fischer to be my representative to the City of Sebastian to have the above parcel annexed into the City of Sebastian. Sincerely, ce«,stgn�a ey: �LS � 3/30/2021 a icchia CDAlllance I.I.C. President 2420 Uplzzan Dr Austin, TX 78732 Permit Applicallon No. City of Sebastian '= Development Order Application HC'fF G FiL:M11HA�'D A I Applicant (if not owner, w ttan authorization (notarized) from owner is required) Name: Henry A. Fischer Address: P.O. Box 780068, Sebastian, FL 32978 Phone Number. (772) 589 - 3159 FAX Number ( 772 ) 589 - 7731 E-Mau: hafl@bellsouth.net I Owner (N different from applicant) Name: CDAlliance, LLC Address: 2420 Lipizzan Dr, Austin, TX 78732 Phone Number. (772 ) 589 - 3159 FAX Number. ( 772 ) 589- 7731 E-Mail: hafl@bellsouth.net Titie of permit or action requested: Rezoning PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAIMNGS, ETC. SHALL BE ATTACHED AND 8-112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Pro)ect Name (if applicable): Cross Creek Lake Estates Addition (19.58 acre) FB. Site Information — _ -- Address: 1820 Shakespeare St, Sebastian, FL 32958 Lot: Block: Unit Subdivision: Indian River County Parcel lk 31393000000500000003.0 Zoning Classfication: Existing IRC: A-1 Future Land Use: Existing IRC: R Proposed COS: RS-10 Proposed COS: Very Low Residentia_ I__ Existing Use: Vacant Land Proposed Use: Residential Single Family C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessarv): _ Annexation of 19.58 acres from Indian River County to the City of Sebastian for future very low residential zoning use. DATE RECEIVED: _/ / FEE PAID: $ RECEIVED BY: D. Project Personnel: Agent: — -- Name: Henry A. Fischer - Henry Fischer & Sons Address P.O. Box 780068, Sebastian, FL 32978 Phone Number. (772) 589 - 3159 —E-Mail: hatl@bellsouth.net Permit Application No. FAX Number. ( 772) 589- 7731 Attorney: Name. Warren Dill, Esquire - Dill, Evans & Rhodeback Address1565 US Hwy 1, Sebastian, FL 32958 Phone Number. (772) 589 - 1212 FAX Number: ( ) E-Mail: wwd@dillevans.com Engineer: Name: Joseph W. Schulke, P.E. - Schulke, Bittle & Stoddard, LLC Address 1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960 Phone Number: (772) 770 - 9622 FAX Number. ( 772 ) 770- 9496 E-Mail: jschulke@sbsengineers.com Surveyor: Name: William B. Zentz & Assoc., Inc. Address 684 Old Dixie Hwy., Vero Beach, FL 32962 Phone Number. (772 ) 567 - 7552 FAX Number. (772 ) 567-1751 E-t'aall: billz-wbz@comcast.net 1, Henry A. Fischer , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ 1 AM THE OWNER ✓ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WI11CH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA ANDIOR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TQ J1IE BEST OF W KNOWLEDGE AND BELIEF �J SIjT / .. DATE SWORN TO AND SUBSCRIBED BEFORE ME BY IqPnnA .41)(JiMid C71,PW1 r Vh10 IS PERSONALLY KNOWN10 ME OR PRODUCED 1 AS IDENTIFICATION, THIS �i MY OF , I (/ AP 120`, 4- NOTARY'S SIGNATURE PRINTED NAME OF NOTARY j COMMISSION NO./EXPIRATK)N SEAL: 1 MICHELLE R. COSS Notary Public -State of Florida) Commission M GG 361343 =� My Commission Expires v s $July 31, 2023 _J Permit Application No The leMewleY is rasp od for an amprsieeashre plan amandnmnats, zoa6y aaaedaleats nealadlao r zoa6p)t alto plassr coaditloaal ase pal I K% apealai we persll% wulaacea, exceptleasr a" appeals. INVE, _ THE OWNER(S) / 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 Planning & Zoning and City COucil BOARD/COMMISSION OF THE CITY OF SEBASTWJ TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IANE HEREBY WANE ANY OBJECTION OR DEFENSE IMIE MAY HAVE, DUE TO THE QUASNUDICIAL 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 MEADS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISESMA E. BYANY O�/YES�ENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTUW. /�il�i co'/ft)�azl SIGNATURE DATE Sworn to and subscribed before me by P IP/ln 1 JQn(i/mij who is personally known to me or prooticed as idenlihca6on hhis �' day of i /YIP. 2//0�. Notary's Signature > Printed Name of Notary Commission No./Expiration Seal: aiCHELLE R. COSS Notary Public -State of Florida Commission S GG 361343 d„d My Commission EKDires 'nmu July 31, 2023 ATTACHMENT A CDALLIANCE, LLC Indian River County, FL Annexation, Comprehensive Plan Amendment and Zoning District Designation Application Prepared by: Schulke, Bittle & Stoddard, L.L.C. Joseph Schulke, P.E. 1717 Indian River Blvd, Suite 201 Vero Beach, FL 32960 June 2021 September 2021 REVISED Annexation Comprehensive Plan Amendment Zoning Designation CDALLIANCE, LLC Section 30 31S 39E Indian River County, FL Prepared by: Schulke, B ittle & Stoddard, L.L.C. Joseph Schulke, P.E. 1717 Indian River Blvd, Suite 201 Vero Beach, FL 32960 STATEMENT This statement has been prepared to support a request to annex the subject property into the City of Sebastian and change the future land use map (FLUM) designation of approximately 19.58 acres from Indian River County "R" (Rural - 1 unit/1 acre) to City of Sebastian "Very Low Density Residential" and designate the zoning District for the site to the city of Sebastian's "RS-10" district. The purpose of this request is to secure the approvals necessary for developing the property with a future low density land use. The landowner is: CDALLIANCE, LLC 2420 Lipizzan Dr Austin, TX 78732 The applicant is: Henry A. Fischer P.O. Box 780068 Sebastian, FL 32978 The property is located in section 30-31 S-39E and is located approx. '/a mile north of CR510, and is adjacent to and SE of the intersection of Yearling Trail and Shakespeare Ave. The property (hereafter referred to as "the site') abuts the City of Sebastian city limits on its north, east and west sides. Concurrent with the development of this site, the applicant's intent is to: 1. Develop the property as an Extension of Cross Creek Lake Estates 2. Extend and connect to public water and sewer 3. Access — Private within Cross Creek Lake Estates at Yearling Trail — Private driveway access connected to Shakespeare St aligned with Memorial Ave 4. ROW Dedication — Provide 25' ROW on west property line to accommodate a future extension of Shakespeare St to CR 510 Page 2 As part of this request, the applicant is providing statements on: I. Impact on Public Facilities and Services. II. Fiscal Analysis Ill. Environmental Impacts. IV. Compatibility with City's Comprehensive Plan V. Compatibility with Surrounding Areas. Page 3 I. Impact on Public Facilities and Services. The site is located within the county Urban Services Area, an area deemed suitable for urban development. Several services are already provided from both the county and city, including utilities and emergency services and should therefore be compatible with the city's future service areas. The Comprehensive Plan, FLU Element and Intragovernmental Element establishes standards for Concurrency management and specifically, standards for Transportation, Potable Water, Wastewater, Drainage, and Recreation. Chapter IX of the City's Land Development Code, "Concurrency Management", defines the level of service standards for these facilities, and specifies that adequate provisions for these services are necessary to support new development. Because a site plan is not typically prepared for an annexation or Land Use Amendment, the Concurrency analysis is based on an assumption that the site would be developed at an intensity of 3 units per acres, which is the maximum permitted development intensity in the city's `Very Low Density Residential" (VLD) FLU, which equates to a maximum of 58 residential units. In practice, this number is likely significantly higher than what would likely be developed on the site. There are numerous development restraints that will likely decrease the actual density of the development including: ROW dedication (i.e. Shakespeare St extension on the west property line); potential environmentally sensitive areas that may necessitate preservation; large stormwater facilities to meet new environmental regulations; and zoning regulations including on -site recreation, open space, on -site ROW, minimum open space and minimum lot size requirements. The actual density of development on this parcel is expected to be consistent with the adjacent newly developed residential subdivisions (i.e. Cross Creek Lake Estates), which would be approximately 2 units per acre. It is important to consider that the site has an IRC "Rural" designation, which permits up to 1 unit per acre. Nineteen (19) homes could be developed on the site if it was not annexed into the city and was developed in Indian River County. Further, Indian River County has continued to phase out the "Rural" land use over time, in favor of the L-1 FLUM (low density residential FLUM, 3 units per acre). Reference FLUM amendments to several sites along the CR510 corridor, including the abandoned "Blue Water Bay PD and Sebastian Park PD" where IRC approved land use Amendments from the "Rural" to "L-1" FLUM designations. Under the IRC L-1 FLUM, maximum densities of 3 units per acre are permitted, which would allow the development of the SAME number of new homesites as if the site were annexed into the city. Consequently, annexing the property will not substantially increase the number of new homes that will be developed in the area, nor increase the impact on most public services. However, annexing the site will provide the city control and oversight of the future development of the site, and it will ensure the city will can be the recipient of additional sources of revenue that the city would otherwise not obtain. Page 4 Transportation: The applicant has contacted the city staff and was advised that the site is anticipated to develop at relatively low density, and its traffic impacts were considered demai imus. However, upon any proposal to develop the site, development review applications will consider the specific development proposal and its specific traffic generation and potential impacts onto any city streets and all affected IRC roadway links within the county's concurrency management system. The anticipated traffic generated is deminimus and therefore will meet concurrency management requirements for all impacted roadway networks. Traffic generated: ADT: 9.44 ADT per unit. PM Pk Hr: 0.99 trips / unit, 63% entering, 37% exiting ADT: 9.44 x 58 units = 548 ADT PK. Hr: 0.99 x 58 = 58 Pk Fir trips, 36 entering, 22 exiting Access: - Private within Cross Creek Lake Estates at Yearling Trail - Private driveway access connected to Shakespeare St aligned with Memorial Ave - ROW Dedication — Provide 25' ROW on west property line to accommodate a future extension of Shakespeare St to CR 510 Water and Sewer Utility: Statement: Water and sewer available adjacent to site and will connect. Demand: 250 GPD per ERC; 1 ERC per unit; 58 units (1 ERC per sfhome (unit) per IRC ordinance 91-9; 250 gpd per ERC per City 54-3-9.7) 58 units x 250 gpd / ERC x ERC/ Unit=14,500 GPD -Water capacity available / South & North County R.O.: 20.01 MGD capacity-14.434 MGD ADF = 5.66 MGD -Wastewater capacity available / Central & West WWTP: 12.85 MGD capacity-6.804 MGD ADF-3-month avg = 6.046 MGD available Capacity data obtained from IRCDUS website, document titled "Department of Utility Services — Water and Wastewater Plant Information ", last updated 8114120. Solid Waste: The City has an approved private hauler (Waste Management) to provide solid waste collection. The hauler utilizes the IRC transfer and landfill facilities. The calculation demand and capacity are included below: Page 5 Demand: 1 ton / yr waste per 1 waste generation unit (WGU), 1.6 WGU per residential unit. (per IRC ordinance 87-67 and 88-32). The following analysis is provided, consistent with IRC requirements: 58 units x 1.6 WGU / unit x 1 ton/ WGU = 92.8 tons waste Capacity -county landfill: Based on our review of past Landfill capacity records, there is adequate capacity forecasted through 2070. We have submitted a letter to Himanshu Mehta, P.E., Managing Director, Indian River County Solid Waste Disposal District to confirm available capacity. Upon receipt of the response, it will be submitted to City Staff to be included as an attachment within this report. Drainage: The drainage level of the service standards outlined in the city's 2040 Comp Plan, include: 1. Post development run-off shall not exceed pre -development run-off for a 25-year 24-hour event. 2. Treatment of run—off from the first 1 inch of rainfall on -site. 3. Meet design and performance standards of 17-25 FAC. All developments, at time of site plan application, are reviewed for compliance with local and state storm water regulations, which require on -site retention and pollutant abatement, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge criteria of the city storm water ordinance, the local drainage district (S.R.I.D.) and the state -environmental permitting agency (S.J.R.W.M.D.). Therefore, any future development on the site would be prohibited from discharging any runoff in excess of the pre -development discharge rates and prohibited from discharging pollutants in excess of pre -development amounts. Further, the local drainage district (S.R.I.D.) limits post development discharge rates to no more than 2" run-off volume in a 24-hour period. This requirement substantially exceeds the city's pre -post discharge requirement. Prior to any site development approval, the city's land development regulations require that the proposed development plan provides sufficient evidence that the project, when constructed and operating, will meet or exceed the local and state requirements. Further, the City has adopted and implements a stormwater program to ensure the long-term viability of all stormwater systems. The development of this site would be subject to those requirements, including the payment of an annual Stormwater Impact Assessment (levied through the annual property tax assessment). Recreation: The parks and recreation level of the service standards outlined in the 2040 Comp Plan "Recreational Analysis", include 4 acres of recreation areas for every 1000 residents in the city, as well as various quantities of recreation facilities (i.e.: pools, tennis courts, etc.) Page 6 Demand 4 acres per 1000 residents; 2.5 residents per unit 58 units x 2.5 persons/ unit x 4 acres/ 1000 persons = 0.58 acres The City's 2040 Comp Plan indicates that the city has a surplus of recreational facilities. However, while the 2040 Comp Plan indicates that the city has approximately 584.3 acres of developed community and neighborhood parks and an additional 60+ acres of undeveloped park land, the Comp Plan also indicates that the City has a surplus of "Neighborhood" parks, but will have a deficiency in "Community" parks by 2023. The City's plan indicates that the deficiency can be addressed by reclassifying existing `Neighborhood" park to "Community" parks or by developing the 60 acres of unimproved vacant park land. By definition, "Community" parks are 5 to 20 acres in size and serve groups of neighborhoods. As such, reserving "Community" park space on this 25-acre development site is not feasible. When the project site is considered for any future development plans, the city planning staff will have an opportunity to re-evaluate the recreation requirements on a site -specific review. At that time, opportunities to provide recreation facilities within the on -site development area meeting the "Neighborhood" park component can be considered and recommended, and further consideration can be given to any fair share contributions for future "Community" park development by the City. Conclusion: Based on the above data, public facilities for traffic, drainage, solid waste, water, wastewater, and recreation have adequate capacity to accommodate the proposed use of the subject property. Page 7 H. Fiscal Analysis The proposal to annex 19.58 acres into the city and assign a FLUM designation of "Very Low Density Residential" will have a net positive Fiscal Impact to the city. Objective 1-24 — Annexation Studies: Parameters of an Annexation study may include: Fiscal Impact Analysis and determination of Future Capital Expenditures necessary to meet basic services such as police, emergency services, utilities, code enforcement, building and zoning, permitting and inspection services to meet City Standards. The impact analysis is estimated below, together with a comparison of other annexation and FLUM designation options: 1. Annexation and Very Low Density Residential FLUM assigned: Fees and taxes Generated: a. Ad Valorem taxes are estimated to be $69,020.00 per year *(assume 58 homesites (3 / acre), $350,000 taxable value after homestead exemption, rate 3.400) b. Utility tax and Franchise Fees: estimated to be $18,111 per year. Electric, at 15.9% of electric revenue generated, assuming 58 homesites, residential avg bill of $123 / month in Fl., = $13,611; water and CST estimated to be $4,500 per year. c. Stormwater annual non -ad valorem tax: estimated to be $6960 per year *(Note fee based on the following: 58 homes, = 58 ERU at $120/ yr). d. Recreation Impact Fee: one-time fee, $56,550. *(Note: $975 per ERU, 58 homes) e. Sales, gas and %s cent state sales tax: Negligible change. These taxes/ fees are allocated by others in proportion to the city's percentage of the county wide population. Assuming all areas in county grow at similar rates, the percentage allocation will not change. It is assumed that the fees from these sources will not change appreciably due to residential development on this site and will be similar to fees generated by potential commercial development on this site. E Other: ROW Dedication: 0.73 acres at $175,000/ac = $127,750 value (engineer's estimate, not based on an appraiser's opinion). Fiscal impacts to citv: • Police: minor. Population increase of 145 persons. The City comp plan indicates 2.5 police officers are required for every 1000 resident. This project's demand is calculated at 0.36. Consequently, the demand for an officer is negligible for this side development. Further, it is generally accepted and assumed that streets and rights -of -way in a new development site are private and not dedicated to the public. Police officers will not typically be monitoring the streets of the subdivision. The approximate cost for an officer is $95,800 per year. Pro-rata cost for the development of the site is estimated to be $34,488. • Emergency services: none, provided by IRC. • Utilities: None, provided by IRC and FPL. • Code enforcement: negligible. Page 8 • Building and zoning: None. Fees charged by city to cover services provided. • Permitting and inspections: None. Fees charged by city to cover services provided. -Streets and drainage, maintenance: None. All roads, driveways, parking areas and required drainage facilities are privately owned, constructed and maintained. 2. No annexation: Currently, the site has an IRC "Rural" designation, which permits up to 1 unit per acre. 19 homes could be developed on the site if it were not annexed into the city and was developed in Indian River County. Further, Indian River County has continued to phased out the "Rural' land use over time, in favor of the L-1 FLUM (low density residential FLUM, 3 units per acre). Reference FLUM amendments to several sites along the CR510 corridor, including the abandoned `Blue Water Bay PD and Sebastian Park PD" developments, where IRC approved land use Amendments from the "Rural' to "L-l" FLUM designations. Under the IRC L-1 FLUM, maximum densities of 3 units per acre are permitted, which would allow the development of the SAME number of new homesites as if the site were annexed into the city. Consequently, annexing the property will not substantially increase the number of new homes that will be developed in the area, nor increase the impact on most public services. However, annexing the site will provide the city control and oversight of the future development of the site, and it will ensure the city will can be the recipient of additional sources of revenue that the city would otherwise not obtain. Fees and Taxes Generated: • Ad Valorem taxes: $0.00 • Other fees/ taxes: $0.00 Fiscal impacts to Citv: • Yes. Not measurable — IRC residents will use city owned streets, parks and recreational facilities. • Lost revenue. Page 9 Conclusion: 1. Annexation of the site into the City of Sebastian will permit the site to develop a low -density residential development, minimal if any additional homesites then if the site were to remain in Indian River County. Consequently, public services will have minimal impact and the city will be the recipient of additional revenue it would otherwise not receive. 2. Annex and "Very Low Density Residential" FLUM assignment: net positive income of $94,000 per year and a one-time recreation impact fee sum of $56,000+-. 3. No annexation: Property develops in IRC, and as a result the city will realize a loss of income (no income), loss of control of development at the foot steps to the city. In addition, many of the perceived and real impacts associated with development will affect the city, regardless of the fact it is not within the city limits, such as: use of city, parks and recreation facilities, use of, and wear and tear of city streets, and other similar impacts, with -out any tax or franchise fee income, Recreation impact fee or annual stormwater utility assessment fees. Page 10 III. Environmental Impacts A Preliminary environmental Assessment has been prepared for the applicant in support of this application. The assessment confirms that the site's conditions provide minimal ecological value. A summary of the findings include: • the site is an abandoned agricultural. site, without any established native upland habitat • the site contains a highly disturbed isolated wetland with minimal ecological value. Environmental impacts caused by the potential development of the site would be essentially the same under either the existing IRC "R" or the proposed city "Very Low Density Residential" FLUM designation, or whether in IRC or the City of Sebastian. Most of the site is a former agricultural operation, and the site does not contain any undisturbed native upland habitat. The site may contain one small wetland area (approximately 0.3+-acres) located at the southeast comer of the site. However, it is important to acknowledge that prior to any site development, requisite permits from the Federal government (USFW, ACOE), the state (FDEP, SJRWMD) and local agencies (city and SRLD) are required and any wetlands or other natural resources that may be located on the site are protected by federal, state, and city regulations; Consequently, impacts to environmental resources would require the approval of those agencies, and mitigation to off -set any impacts are normally required. A benefit of site development is that water quality impacts to the receiving waters (in this case, the Sebastian River and Indian River lagoon) are generally expected to be reduced from current conditions, which permit agricultural operations to start up with little oversight or regulation. Site development regulations require the construction of storm water management systems that detain and prevent erosion and excess stormwater run- off, removes pollutants, and often requires the installation and maintenance of shoreline protection buffer(s) when adjacent to surface waters or wetlands, and protection of or mitigation for jurisdictional wetlands on the site. Due to the city and state's efforts to increase regulations to protect the states waters and environment, development standards have been adopted, including the construction of active storm water management systems for new development, to ensure the development decreases the site's impacts to the environment. As a result, the stormwater run-off discharge rates and pollutant volumes discharging into the St. Sebastian River will be reduced. The requirements for new development contrast with the past and possibly future agricultural systems that permit drainage directly into the St. Sebastian River without any storm water retention or treatment. Therefore, the required storm water management associated with new development should reduce the pollutants and freshwater runoff that is currently placed into the river via the approximately 19.58-acre site. Page 11 Iv. Compatibility with City's Comprehensive Plan (2040) 2040 Comprehensive Plan Analvsis: The request is to Annex 19.58 acres of unincorporated land with a "Rural" FLUM designation and "A -I" zoning into the city of Sebastian, and redesignate the property with as FLUM of Very Low Residential and zoning of RS-10. The land is located on the southern edge of the city's current boundary, adjacent to low density and very low density designated areas. The location is within the city's Annexation reserve area. The requested FLUM designation is the lowest residential density available in the City of Sebastian. Approving the annexation and granting the request to re -designate the subject property to a "Very Low Density Residential" FLUM designation within the city would result in development which would be compatible with surrounding areas and will be compatible with the city's long-term objectives and goals adopted in its Comprehensive Plan. The site is adjacent to existing urban development along the south city limits, and the site is a formal agricultural site that is no longer economically viable as an agricultural use. A change to the city's "Very Low Density Residential" FLUM provides the flexibility to allow the site owner to develop, and the city to control, review and approve residential development that is consistent with the city's comprehensive Plan and land development regulations and which is consistent with existing adjacent development patterns located in the city limits, including the `Cross Creek Lake Estates" subdivision to the east and north, and the Sebastian Highlands development lying to the west of the site. The following references are in direct support of annexation and the designation of "Very Low Density Residential" FLUM in this vicinity: The following Comp Plan .sections are referenced and evaluated.- -Map 1-14: the site is located within the city's annexation reserve area -Obj. 1-l.l.l Sufficient land should be provided to accommodate projected growth and will provide for a variety of housing types. The Data inventory and Analysis section of the Comp Plan indicates that the population will increase by 8909 person by 2040, and indicates that the current vacant residential acreage/ lands in the city, ASSUMING MAXIMUM permitted densities, could provide housing for up to 11,025 persons, or a surplus of only 2115 housing units. Ilowever, this data ASSUMES all vacant lands are developed at the maximum permitted densities, and that: -that all Sebastian highlands single family lots will have one home (in lieu of one home on two lots). -that all areas designated "Very Low Density Residential", "Low Density Residential", .'Mobile Home", and "Medium Density Residential" will develop at 3,5,5 and 8 units per acre respectively. The reality is that other land development regulations lower the actual Page 12 density considerably — including environmental preservation, stormwater requirements, ROW needs, and other similar constraints. Generally, these constraints allow development at 50% to 80% of the FLUM designated permitted densities. Assuming that the remaining vacant land develop at 75% of the permitted density, which we believe to be a very generous assumption, then there is 285 unit deficit (639 persons) in the housing supply based on the 2040 projections. If this site were annexed, the site would be permitted to develop up to 58 units. However, the likelihood is that site will develop no more than 30 units. -Obj 3-1.1.1 The FLUM designation of "Very Low Density Residential" for this site will assist in providing adequate lands to accommodate projected housing growth, and will provide opportunities for a variety of housing types (in this case larger home sites with higher tax base per unit). -Obj 1-1.1.2; 1-2.1, Policy 1-1.2.6 The location and FLUM designation of "Very Low Density Residential" adjacent to other existing low density residential and very low density residential developments, which assures a transition is provided in residential densities and protects the integrity and stability of the established residential areas while providing a reasonable use of the land. -Obj 1-1.2 The location of the site is adjacent to other existing communities with single family homes on individual lots. The proposed FLUM designation of "Very Low Density Residential' generally and primarily only permits the development of single family detached homes on individual lots. -Policy 1-1.2.6 and 1-2.4.3 requires allocating residential development to areas that have adequate supporting public infrastructure, accessible to major arterials, and adjacent to existing development of same or higher development. The site is located adjacent to existing residential development areas with similar of higher permitted densities, and with existing public utilities, including gravity sanitary sewer collection systems and public water distribution systems and underground electric service. The site is within less than %2 mile of PowerLine Road (70' Ave), which has direct access to both Barber Street and CR 510. In addition, the site is only 'Amile north of CR510, and will provide the ROW to permit the future extension of Shakespeare St south to CR510, providing another access to a major arterial roadway for both this site and existing residential areas in south Sebastian which are relatively isolated from a direct link to any major arterial roadway systems needed for convenient travel as well as for emergency evacuation needs. -Obj 2-1.4, 2-1.6,1-2.5, and 5-2.3 Land development should be resilient and prepared for emergency management, and roadway networks shall be evaluated and reduce the need for roadway laneage and emissions, provide for disaster preparedness, provide for connectivity and coordination with other agencies on access points. City staff has coordinated with the applicant, and requested that all future development plans include plans for the extension of Shakespeare St to IRC arterial roadway (CR510). The site is only '/o mile north of CR510, and the applicant has committed to and will provide the ROW to permit the future extension of Shakespeare St south to CR510, providing another Page 13 access to a major arterial roadway for both this site and existing residential areas in south Sebastian which are relatively isolated from a direct link to any major arterial roadway systems needed for convenient travel as well as for emergency evacuation needs. Objective 5-1.1 Protection of Wildlife and habitats should be considered with all land development proposals. The site is an abandoned citrus grove, and is considered disturbed/ barren lands, and has no valuable natural resources or Environmentally sensitive areas, and is not likely to provide natural wildlife habitats. V. Compatibility with Surrounding Areas The property is located in section 30-31 S-39E and is located approx. '/4 mile north of CR510, and is adjacent to and SE of the intersection of Yearling Trail and Shakespeare Ave. The property (hereafter referred to as "the site") abuts the City of Sebastian city limits on its north, east and west side. The northern side of the site abuts the City of Sebastian city limits and the Cross Creek Lake Estates subdivision, and specifically Yearling Trail, a 60' road ROW. The eastern side of the site abuts the City of Sebastian city limits and the recently approved Cross Creek Lake Estates Addition subdivision (vacant land, approved for development but not constructed). The north Y2 of the western portion of the site abuts the City of Sebastian city limits and Sebastian Highlands Unit 11 residential subdivision, and specifically Shakespeare Ave, a 25' city Road right-of-way. The southern 1/2 of the western property line and the southern property line abuts unincorporated IRC land with a "Rural" land use designation (1 unit per acre). The southern property line immediately abuts a 100' wide SR1D canal right-of-way. The proposal is to annex the subject property into the City of Sebastian and change the future land use designation of approximately 19.58 acres from Indian River County "R" (Rural - 1 unit/1 acre) to City of Sebastian "Very Low Density Residential". The proposed use is compatible with existing and future surrounding land uses. The assumption made in support of this statement is that all of the adjacent properties along all the property lines have been targeted by the city for future annexation, and these properties will be assigned an appropriate FLUM and zoning district designation that is compatible with the subject sites. This assumption is based on the similar conditions and circumstances these adjacent sites share with the subject site, especially the city's Comprehensive Plan's Goals and Objectives regarding annexation and uses along the CR510 corridor. (Reference Section 11, "Compatibility with the city's Comprehensive Plan" for further explanation). In the short term, the adjacent sites have a FLUM of either Rural (R) in Indian River County, which permits densities of up to 1 unit per acre, or "Very Low Density Residential" in the City of Sebastian - all of which permit similar low density development opportunities. Further, none of adjacent vacant sites are active agricultural operations, and are fallow and unattended. Consequently, there would not be compatibility issue between the subject site's potential residential development and the Page 14 adjacent sites' undeveloped unattended condition. Further, the adjacent sites' that lie in Indian river county with a current FLUM and zoning should be considered as a holding designation, acknowledging that the site will be annexed into the city and given an appropriate and compatible FLUM designation in the future. CONCLUSION Based on the analysis, the city can conclude that the requested annexation and land use designation is compatible with surrounding areas, consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable land use designation amendment criteria. Most importantly, the subject property is located in an area that will be well suited for low density residential development. Page 15 Ownership Documentation • Deed • Letter of Authorization • IRC Property Appraiser's Information Page 16 Attachments — Back-up Documentation e I.R.C. S.W.D.D Capacity Letter Page 18 DEPARTMENT OF UTILITY SERVICES - WATER & WASTEWATER PLANT INFORMATION Owner of System: Indian River County Department of Utility Services I UPDATED AS OF: Address: 1801 27th Street 8/14/2020 City, County, State, ZIP: Vero Brach, Indian River Counr;. Pl. 32960 Telephone /Fax: T. ".:26 1835 / 772-770-5143 Engineering Services: Title: Phone Extension: email, Mutt Weragoda, P. E. Capital Projects Manager 1821 awemguda@im.g%lv.com John Boyer, P. L Utiliries Engineer 1823 jboycdS�¢egovxmu Scott Reynolds Env Complimce Analyst 182 echaresr@iregov.cum Jesse Roland Plans Reviewer 1636 j<oland@tregov.com TASTEWA TER TREATMENT FACILITY (WWTF) INFORMATION Name of Treatment Plant Serving Project CcntmIWWFF North WWTF South WWTF Weer WWFF County Indian River Indian Rives Indian River Indian River City Vero Beach Vero Beach Vem Beach Vero Beach DEP Permit Norther FLA010431 FLA104388 FLA010435 FL0041637 Expiration Date 3/29/2024 11/30/2024 4/23/2022 4/11/2021 Status Maximum monthly average daily flow over the last 12 month period Month(s) Used Maximmn three-month average daily Row over the last 12 month period Mondu(s) Used Arrive Flow routed to Cemml Active WWTF 2.346 MGD Flow routed to Central 0.857 MGD W WIP July 1, 2019 to June 30, 2020 2229 MGD I Flow routed to Cenral 0.785 MGD W77M July 1, 2019 to June 30, 2020 Acfive Z860 MGD 2.556 MGD Current Permitted Capacity, AADP 4.00i1 MGD 1 0.850 MGD Z000 MGD 6.000 MGD Pomm Expamioq AADP-- Current Outstanding Plow Commitmeaffi (') 2.772 MGD 1.044 MGD (a) 2.998 MGD (a) (v) cwrenr Ourararidirg46* cw✓woomb AWlmum4NnrAryADt++Wantppanp Awxkrtd Mt6 ZRIY.SntCrolterenebw.orOtbdo,-I A) - &416 ww1 r+4 kert 1pwP'Ve In a ewuroan aendce ana.J PUBLIC WATER SYSTEM (PWS) INFORMATION PWS Name: PWS Identification No.: PWS Type: rth County & South County RO Water Plants 4052 Tonal Permitted Maximum Day Operating Capacity of Plant(s): * 20,010,000 GPD Total Maximum Day Flow at Plant(s) as Recorded on Monthly Operating Reports During Paet 12 Months: 14,434,000 GPD �o�,B W. IE, E' P.E. SCH U LKE, BITTLE & STODDARD, L.L.C. WO.UAM P. srOBQARD, Ph.D., P.E. CM/L 8 STRUCTURAL ENGINEERING - LAND PLANNING - ENVIRONMENTAL PERM/T MG June 15, 2021 Himanshu Mehta, Managing Director Indian River County Solid Waste Disposal District 1325 741 Avenue SW Vero Beach, FL 32968 RE: "Will Serve" Letter 19.58 ac (Parcel ID: 31393000000500000003.0) SE Comer of Yearling Trail and Shakespeare Ave Sebastian, FL 32958 Dear Mr. Mehta: Recently annexation, FLUM change, and Zoning Map change applications were submitted for the 19-58 acre +/- site located adjacent to the southern city limits of the City of Sebastian. % mile north of CR 510 and at the SE comer of Yearling Trail and Shakespeare Ave. FLUM and Zoning Map change applications require an assumption that the most intense use permitted on the site for concurrency analysis is used. In this case, the site has a Rural FLUM (IRC). The most intense use is 1 unittacre. The proposed FLUM is Very Low Density Residential (COS). The most Intense use is 3 units/acre. The resulting Increase in demand is 62.7 tonslyear. Calculations are as follows: • Rural (IRC): 1.6 WGU/unit x 19.58 ac x 1 unit/ac = 31.3 WGU • VLDR (COS): 1.6 WGU/unit x 19.58 ac x 3 unit/ac = 94.0 WGU • Total max demand = 94.0 WGU = 94 tons/year Based on this information, will you please provide us with a "will serve" letter indicating that the Indian River County Landfill has the capacity (est. demand 94 tons/year) and will service the proposed new development. We appreciate your attention to this matter. Please address the letter to: CDAlllance, LLC c/o Joseph W. Schulke, P.E. 1717 Indian River Blvd, Suite 201 Vero Beach, FL 32960 Please forward the letter to my office. If you have any questions, please feel free to call me. Sincerely, 9"V4 66). 54404 Joseph W. Schulke, P.E. cc: Henry A. Fischer 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIIL info@sbsengineers.com INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT Landfill / Administration / Recycling 1325 74" Avenue SW Vero Beach, FL 32968 Phone: 772-770-5112 Fax: 772-770-5296 September 14, 2021 CDAlliance, LLC c/o Mr. Joseph W. Schulke, P.E. 1717 Indian River Boulevard, Ste. 201 Vero Beach, FL 32960 Assessment Fees 1801 271" Street Vero Beach, FL 32960 Phone: 772-226-1300 Fax: 772-226-1578 (Sent via emalb ischulkeLOsbsenalneers.coml RE: Solid Waste Capacity Confirmation Letter for 19.58 acre Development SE Corner of Yearling Trail and Shakespeare Ave, Sebastian, FL 32958 Dear Mr. Schulke, Please be advised that the Indian River County Solid Waste Disposal District (SWDD) does have adequate solid waste disposal capacity presently available or accessible for the above cited project. Based on the latest information, the Indian River County Landfill located at 1325 741h Ave SW has capacity until 2071. If this is a multi -family development, I encourage the applicant to setup adequate area for recycling on this project. Note, this letter is not an approval of your site plan, if applicable. Should you have any questions or require additional information, please contact me at 772.770.5112. Sincerely, ^^^ Himanshu H. Mehta, P.E. (FL) Managing Director Cc: Jason E. Brown, County Administrator Matt Jordan, Interim Utilities Director 3uveR� Phil Matson, Community Development Director S.W.D D., helping you'Zhink Creeu, Live Greer:. *FGBC a��.t1as Printed on Recprled Paper F<rjqj?pF'fFFN ENVIRONMENTAL ASSESSMENT REPORT CROSS CREEKADDI ION INDIAN RIVER COUNTY, FLORIDA JUNE 15, 2021 Prepared by: ECOLOGICAL CONSULTING OF FLORIDA 850 NW FEDERAL HIGHWAY, SUITE 109 STUART, FL 34994 772-220-7817 soDotnk; k(a) ecf-Ilc. com David C. Sopotnick, President 2M.00 1.0 INTRODUCTION This assessment is in support of the development approval for the subject +19.58-acre site in Indian River County. 10 SITE LOCATION The project is located within Section 30, Township 31 South, Range 39 East within Indian River County, Florida (Figure 1). The subject property includes a vacant, previously developed agricultural property. Bordering land uses Include residential to the north, with open lands to the south, east and west. 3.0 METHODOLOGY The assessment methodology consisted of the review of topographic information, soils maps, and recent aerial photographs. A field reconnaissance of the subject parcel was then conducted which included pedestrian transects through the parcel to map and identify specific habitat and land uses and vegetative cover types. A perimeter transects were conducted to confirm features that extend off site. Field notes were taken and an aerial photograph was marked with land use and cover types and any environmental findings. 4.0 TOPOGRAPHY/HYDROLOGY According to the U.S.G.S. topographic (Sebastian Quadrangle), the site is relatively flat at an average elevation of 20 feet NGVD, sloping towards the southwest. (Figure 1). The site is depicted as undeveloped lands. There are no structures, wetlands or surface waters shown on the topographic map. 0 2100 — Freshwater Non -Forested Wetland: this area is vegetated with cattails (Typha spp), primrose willow (Luwigia peruviena), paragrass (Breohieds mutica) and water hyssop (Becopa monnleM, sedge (Rhynchospors spp), and a few pickerelweed (Pontedaria cordafa). 0 3210 — ArtificiallFarm Pond: the feature is a small borrow pond that is densely vegetated with cattails and Carolina willow (Salix cardlinane). 0 7100 — Australian Pine: this habitat Is disturbed and includes a monoculture of Australian pine (Casuarina equisefifolia). A pine needle duff layer covers the ground with fallen trees throughout. No other vegetation Is present in this cover type. 0 7300 — Brazilian Pepper: this cover type is disturbed and dominated by Brazilian pepper. Other vegetation noted Includes cabbage plams and laurel oaks. 8.0 CRITICAL HABITAT/ LISTED SPECIES OBSERVATION The site was reviewed for the presence of habitat conducive to federal and state listed flora and fauna. An initial review documented vegetative communities and noted areas listed as potential habitat Although disturbed, the site has habitat conducive to gopher tortoises. One burrow potentially occupied tortoise burrow was observed in the southeast comer neat the farm pond. Prior to development (no more than 90 days from earthwork) a 100 percent survey of the site should be surveyed. The Other Open Land — Rural is considered low quality habitat for Florida scrub jay. This species is listed as threatened by the US Fish and wildlife Service (USFWS). Although not considered prime habitat, scrub jays can be found not far to the east of this parcel and therefore a full scrub jay survey of this habitat Is recommended. The survey should be conducted in the months of March, September, or October to confirm no birds utilize this site for foraging. A database search of FWC records for documented bald eagle nests was conducted and none were noted for the property or within 0.5 mile of the site. Non -listed wildlife or signs of species observed include cottontail rabbit, cardinal, cattle egret, common wren, black racer snake, and raccoon (trackslscat). All species of wildlife observed are typical representatives of the habitats on site. None are unusual for the Indian River County Area. 6 The Florida Natural Areas Inventory (FNAI) provides a matrix by County of rare and endangered species in Florida. Based on the known distribution and preferred habitats of certain species, the following listed wildlife has the potential to occur on site: TABLE 1— FNAI LISTED SPECIES COMMON NAME SCIENTIFIC NAME EVIDENCE/SIGHTING STATUS FWC USFWS Eastern Indigo snake Drymanchon corias couped Not observed T T Gopher tortoise Gopherus polyphemus Observed T Gopher frog Rana capito Not observed SSC Florida pine snake Pituophls melenoleucus mugitus Not observed SSC Florida Panther Puma concolor coryl Not observed E E i Burrowing owl Speotvto cunicularia Not observed SSC Mycleris Americana Not observed E E IWoodstork American Alligator Alligator mississippiensis Not observed T T Crested cascara Carecar>e chenWav Not observed T T Florida scrub-iav Aphelocoma coeruluscens Not observed T T Piping Plover Cheradrius melodus Not observed T T Red -cockaded woodpecker Picoides w7losus Not observed E E Southeastern = American kestrel Falco sparverlus Paulus Not observed T Florida sandhill crane Grus Canadensis pratensis Not observed SSC Osprey Pandion halisetus Not observed SSC Snail kite Rostrhamus sociab►7is plumbeous Not observed E E Least tern Stems antillarum Not observed T Sherman's lfox squirrel Sclurus niger shermani Not observed SSC Manatee Trichechus manstus Not observed E E Abbnsviationc: i SSC - Species of Special Concern. T = Threatened USFWS zs United States Fish and Wildlife Service, FWC = Florida Fish and Wildllfe Conservation Commission, 7 10 WETLANDS AND SURFACE WATERS The soils map, topographic map and National Wetland Inventory (NWI) maps were reviewed to identify potential wetland areas. Subsequent field reconnaissance was performed to confirm limits of wetlands within the project site. The soil map identified the Myakka and Wabasso soils as hydric. The site soils have been altered throughout the years by agricultural management and more recently vegetation clearing. The topographic map nor the NWI map showed any wetlands or surface waters on site. Site reconnaissance identified two wetlands and an other surface water on site. The wetlands are highly disturbed and are likely a result of past clearing that scraped down the soils and allowed ponding and hydric vegetation to persist. The wetlands are found within the hydric soils mapped areas. The surface water is an excavated area that has standing water and hydric vegetation present. The wetlands and other surface waters are regulated by the St. Johns River Water Management District (SJRWMD) and would require permitting if impacted. The wetlands appear to be less than 0.5 acre and isolated and therefore should not require mitigation by the state. SJRWMD will require an inventory of the other surface waters as well as showing them on the permit drawings, however mitigation will not be required for impacts to this feature. Federal 404 jurisdiction (wetlands) is regulated by either the US Army Corps of Engineers (USACOE) or the Florida Department of Environmental Protection (FDEP). Based on the wetlands being inland from tidal waters, FDEP would be the agency' to address federal 404 jurisdiction if warranted. The wetlands are isolated and are not contiguous with a tributary or navigable waters, and based on the Navigable Waters Executive Order issued in the summer of 2020 this feature should not be considered non jurisdictional and therefore not require federal permitting. 8 10.0 CONCLUSION The subject property includes vacant, disturbed lands. Habitat for listed species was identified. Gopher tortoises and scrub jays have the potential to be found in the Other Open Land — Rural land use. Although considered a low probability this habitat is close to an active population of scrub jays (less than 1.5 miles east) and a tortoise burrow was observed. A 100-percent tortoise burrow survey is recommended prior to construction. Although the on site habitat is marginal for scrub jays a full survey is recommended in the months of September, October or March. Wetlands are found on site and are considered jurisdictional by the SJRWMD. The wetlands will need to be, delineated and approved as part of the SJRWMD permitting. The wetlands are low qualify and should not require mitigation due to being Isolated and less than 0.5 acre. A 404 exemption request is recommended to be submitted to FDEP to confirm no jurisdiction over the isolated wetlands. Based on the current navigable waters executive order it is not anticipated that the wetlands will fail under federal jurisdiction. 10 Ma SEBASTIAN HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission November 4, 2021 ITEM 7.A. P&Z Quasi -Judicial Hearing — Recommendation to Citv Council Land Development Code Rezoning Amendment for a specific site MRC Conservation Parcels, West of St. Sebastian River 1. Project Name: MRC Conservation Parcels 2. Project Applicant: Marine Resources Council of East Florida, Inc. 3275 Dixie Highway NE Palm Bay, FL 32905 #321-725-7775 3. Requested Action: City (RS-10) Residential Single Family to City (C) — Conservation (Exhibit A) 4. Project Location: Section 26, Township 31 South, Range 38 East Subject Parcels are 7.88 Acres, More or Less Parcel # 31-38-26-00001-0004-00004.0 Parcel# 31-38-26-00001-0004-00005.0 Legals: See Warranty Deed (Exhibit B as part of 6.C.) 5. Project Description The Marine Resources Council of East Florida, Inc. (MRC) in cooperation with the Florida Communities Trust (FCT) purchased the subject property for conservation purposes in 2005. In accordance with the Grant Award Agreement (Exhibit B),III 3. "The Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate." The subject property shall be operated as a passive, natural resource -based public outdoor recreational site. Therefore, MRC has made a request to rezone the property from RS-10- Residential Single Family to C — Conservation in conformance with the FCT requirements. The subject site is located south of Indian River County conservation lands, west of the St. Sebastian River Greenway, east of an established PUD-R and north of existing agricultural use. a. Site Characteristics 1) Total Acreage: 2) Current Land Use(s): 3) Current Zoning: 4) Adiacent Properties Zoning 7.88 acres Conservation City RS-10 - Residential Single Family Current Land Use Future Land Use North: RS-10 Vacant/Conservation LDR East: PS Vacant/Conservation CON West: PUD-R Single Family Residential VLR South: A-1 (CNTY) Vacant/Agriculture R (County) 6. Comprehensive Plan Consistency a. Chanqed Conditions: The proposed future change to conservation is in accordance with the FCT grant requirements and can no longer be designated for a future use of residential. b. Land Use Compatibility: The change in zoning provides for a compatible land use adjacent to and as part of the St. Sebastian Greenway and Map 5-1 of the Comprehensive Plan 2040. In addition the proposed changes support policies and objectives of Goal 5.1, Protection and Conservation of Natural Resources. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed zoning, conservation, will be limited. The property has provided assurance of the availability of sufficient public access e. Natural Environment: The subject property contains wetlands and natural areas utilized for educational purposes. Preservation and maintenance efforts must comply with jurisdiction of federal, state and city regulations. Conservation designation will provide further protection of the water quality, flood prevention and ecological benefits which are valued by the City of Sebastian as expressed in the Comp Plan. f. Economic Effect: No adverse economic effects will occur by this change in zoning. The property is currently protected by the Grant Agreement with FCT and continues to operate as a conservation classroom for the public. The property provides a much needed opportunity to expand the Ecotourism economic plan supported by the Comprehensive Plan and provide intrinsic value to the environmental conditions of the community, thus increasing surrounding property values. g. Orderly Development: The proposed rezoning is consistent with the zoning map and provides an orderly development pattern. h. Public Interest: The proposed rezoning is not in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and zoning ordinance. 7. Conclusion: The requested rezoning from RS-10 to CON is consistent with the zoning map and zoning code. Staff supports a recommendation of approval to the City Council from the PZ Commission. Lisa L. Frazier, AICP 11/04/2021 PREPARED BY DATE 2 Permit Application No City of Sebastian itT1ER/e1CAN alAIID Development Order Application Applicant (If not owner, written authorization (notanzed) from owner is required) Name Marine Resources Council of East Florida, Inc. Address 3275 Dixie Highway NE Phone Number ( )321-725.7775 FAX Number: ( ) l E-Mall Caity@mrcirl.org II Owner (If different from applicant) Name Address Phone Number: ( ) - FAX Number. E-Mad Title of permit or action requested. PLEASE COMPLEIF ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING COPIES OF ALL MAPS SURVEYS, DRAIMNGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11' COPIES OF ANY ATTACHMENTS SHAtI BE INCLUDED ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information I Address 9140 86th Ave. Vero Beach. FL 32967 Lot Block: Unit 13 Subdivision: Selo His unitl3 (140022.54) Indian River County Parcel #: 31382600001000400004.0 1 Zoning Classification RS-10 Future Land Use: Conservation Existing Use Single Family - Improved (0100) Proposed Use: Conservation c. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv) MRC nr000ses this oarcel be rezoned from residential to conservation as oart of the Citv adon. ted St Sebastian River Greenway Th,s designation is mandated by MRC's contract and management plan with the Florida Communities Trust DATE RECEIVED. / / FEE PAID: $ RECEIVED BY: Permd Application No D. Pro'ect Personnel: Agent: _ Name. Address Phone Number ( ) FAX Number: ( ) l E-Mail: Name- Address Phone Number ( ) E-Mail: Engineer: Name Address Phone Number ( ) E-Mail Surveyor: Name Phone Number. ( ) E-Mall FAX Number I ) FAX Number: ( ) - FAX Number: ( ) I / fC Sa , BEING FIRST DULY 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 APPLICATIqN, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE A CURATE NO TRUE E BEST OF Y KNOWLEDGE AND BEL{EF. �J1�ti8%ate a! SIGNATURE DATE r SWORN TO AND SUBSCRIBED BEFORE ME BY J[K.. N IAkJ•S V,Hin IS PERSOM�I I Y KNnwuJo_Me OR PRODUCED AS IDENTIFICATION. THIS, DAY OF A✓clv->i' , 20� NOTARY'S SIGNATURE J^ �_ All . PRINTED NAME OF NOTARY .l„ .-c,' ,� Dw.. 6 COMMISSION No �c'W'434 :).1 -11 UI SEAL: Public S%aoFOrlw y ea A Da 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. IIWE, VC THE OWNER(S) I _ 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 BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. ME HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS. RFSUI TING 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 ir THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED. OR FRuM15E5 M Y ANY EMPL EE, AGENT, CONTRACTOR OR OFFICIAL ?CITY Opp E� STIAN. �I TURE DATE Sworn to and subscribed before me by . k'L du Q+vls who Is personal( y known to me or produced as identification. this ?6*h day of/ A,ar,.,� 20.2L. LNotary's Signature Printed Name of Notary ' (1, , , C }i 17niw:" Commission No/Expiration C, aahvzv G, �h l x2z Seat No4ryg0=712023 FIp„� j Jessica A Davis My CM90434 r Expiroe Permit Application No. _ r {. ""` Supplemental Information )F- AST," Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY, HOME OF PELICAN ISLAND I Proposed zoning. Conservation 2 Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. This parcel is a part of the city adopted and designated are in Map 5.1. St. Sebastian River Greenway.The or000sed rezoninn s rnnsi5tant with many of the nnlinies and obiectives within Goal 5-1 Protection and Conservation of Natural Resources. 3 Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. The proposed rezoning is in conformance with applicable requirements of the City of Sebastian Code of Ordinances. _ 4 What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? No changes have occurred that are relevant to the proposed amendment. 5 Explain how the proposed rezoning is compatible with the existing or Suture land uses of the City. The proposed rezoning is compatible with the 1,089 acres of conservation land use in Table 1-5: Future Land Use Desianations and Analvsis. 6 Are there adequate public facilities to serve the proposed land use? Yes Permit Application No. 7 Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. The proposed rezoning will ensure conservation in perpetuity, aligned with the goals of the designated St Sebastian Raver Greenway and the contract MRC has with the Florida Communities Trust program. 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. It is well documented that conservation lands are beneficial to property values as well as the general health, safety and welfare of the community. 9. Describe how the proposed rezoning will result in an orderly development pattern. Th.hg proposed rezoning will protect the local watershed of the St Sebastian River and will not have an adverse impact on future development patterns by nrntPr•,tincj this narrPl ac nnncPrvatinn (anri 10. Attach the following: a. A verified statement showing each and every individual person having a legal and/or equitable ownership 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. 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. c. A survey and legal description of the property to be rezoned. Marine Resources Council 7 urning Science into Acting ::!75 Dixiv Hmy NE, Palm Bay, PL 32905 . (32l) i25-n5 . www Savol he)RI .nrl; 9/9/2021 City of Sebastian 1225 Main Street Sebastian, FL 32958 Please accept this letter as a verified statement to support the application submitted for parcel # 31382600001000400004.0 to rezone from residential to conservation. This change in zoning will support contractual obligations that the parcel owner, Marine Resources Council of East Florida Inc., has to the Florida Communities Trust program. This change is consistent with the goals and objectives of the City of Sebastian's Comprehensive Plan Goal 5-1 Protection and Conservation and the designation of the St. Sebastian Greenway. As Executive Director of Marine Resources Council, I have authority to sign for this request. Thank you for your consideration. Sincerely, ,• Leesa Soutc, Ph.D. Executive Director Permit Application No City of Sebastian xo+iranucw ix,um Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) ame Marine Resources Council of East Florida, Inc. Address 3275 Dixie Highway NE Phone Number ( 1321-725-7775 E-Mail Caity@mrcirl.org I Owner (If different from applicant) Name Address hone Number: ( ) E-Mail Title of permit or action requested'. FAX Number: ( ) FAX Number: ( PLEASE GUMPLEIE ONLY IHOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS SURVEYS, DRAWINGS, ETC SHALL BE ATTACHED AND 8-112" BY 11" COPIES OF ANY ATTACHMENTS SHALT. RE INCL UDED ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address 9140 86th Ave. Vero Beach, FL 32967 Lot Block Unit: 13 Subdivision: Seb His unit13 (140022.54) Indian River County Parcel #: 31382600001000400005.0 Zoning Classification RS-10 Future Land Use: Conservation Existing Use Single Family - Improved (0100) Proposed Use: Conservation C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): MRC ur000ses this oarcel be rezoned from residential to conservation as can of the Cttv adonted,SL Sebastian River Greenway This designation is mandated by MRC's contract and management plan with then nda Communities Trust. DATE RECEIVED / FEE PAID: $ RECEIVED BY Permit Application No I D. Project Personnel: Agent: Name — Address I Phone Number. ( ) FAX Number ( ) E-Mail, Attorney: Name Address Phone Number' { ) FAX Number. ( ) E-Mail' Engineer: Name' Address Phone Number ( ) FAX Number. ( ) 1 E-Mail _ Surveyor: Name Address Phone Number ( ) FAX Number: ( ) E-Mail I 1 .Y r- 54 BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS TH SUBJECT MATTER OF THIS APPLICATION ND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE CCURATE TO TH T OF Y KNOWLEDGE AND BELIEF. S SNATURE J DATE ' SWORN 10 AND SUBSCRIBED BEFORE ME BY ��' elk hA'.1 S W 10 iS PERSONALLY KNOjTn MF OR PRODUCED AS IDENTIFICATION, THIS� ..w� - DAY OF NOTARY'S SIGNATURE PRINTED NAME of NOTARY )rcS le r_�,.'� COMMISSION NO /EXPIRATION C riY 4 9 h 1 ac )'t SEAL' .Y' N"ry Public Slam of Flontle Y Jessica A Davie y My ..ommission GG 2994U p4� Exn•o- r-21072023 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. 1/WE, �-- THE OWNER(S) / _ 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 _ BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. INVE HEREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS. RFSUI TING 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 CUNSENI IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR ROMI 'ES , BY q EIMPL EE, AGENT, CONTRACTOR OR OFFICIAL OF TH CITY F SEBASTIAN. TURE _ DATE Sworn to and subscribed before me by Jru, e.. GLw,S who is pej5onally known ro me or produced as identification, this I5IL day of A,n, + , 20,,LL Notary s Signature Printed Name of Notary L4�1iv. q ErL" Commission No /Expiration F,G 4 4 a 71 ao� Seal F,Q- dN Nomry Public Stela d FIyWa Jessica A Davis My r:ommissim GG 2BB434 piy Espies 02/b7l2a29 cmcc HOME OF PELICAN ISLAND I Proposed zoning Permit Application No. Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. Conservation _ 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. This parcel is a pan of the city adopted and designated are in Map 5-1. St Sebastian River Greenwav The orotwsed rezoning is concctant with manv of the policies and objectives within Goal 5-1 Protection and Conservation of Natural Resources. _ 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. I he proposed rezoning is in conformance with applicable requirements of the City of Sebastian Code of Ordinances. _ 4 What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? No changes have occurred that are relevant to the proposed amendment. 5 Explain how the proposed rezoning is compatible with the existing or future land uses of the City. The proposed rezoning is compatible with the 1,089 acres of conservation land use in Table 1-5 Future Land Use Designations and Analvsis. 6 Are there adequate public facilities to serve the proposed land use? Yes. Permit Application No. 7 Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. The proposed rezoning will ensure conservation in perpetuity, aligned with the goals of the designated St Sebastian River Greenway and the contract MRC has with the Florida Communities Trust program. 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. It is well documented that conservation lands are beneficial to property values as well as the general health, safety and welfare of the community. 9. Describe how the proposed rezoning will result in an orderly development pattern. The proposed rezoning will protect the local watershed of the St Sebastian River and will not have an adverse impact on future development patterns by protecting this parcel as conservation land. 10. Attach the following: a A verified statement showing each and every individual person having a legal and/or equitable ownership 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. 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. c. A survey and legal description of the property to be rezoned. Marine Resources Council 7 nrning Sc-ienc-e into Action )i\h• 1 Iwv NE, Palm Rav, H 12905 . (121)M,-2775 • wwA.Savo"I"hvIR l_.urg 9/9/2021 City of Sebastian 1225 Main Street Sebastian, FL 32958 Please accept this letter as a verified statement to support the application submitted for parcel # 31382600001000400005.0 to rezone from residential to conservation. This change in zoning will support contractual obligations that the parcel owner, Marine Resources Council of East Florida Inc., has to the Florida Communities Trust program. This change is consistent with the goals and objectives of the City of Sebastian's Comprehensive Plan Goal 5-1 Protection and Conservation and the designation of the St. Sebastian Greenway. As Executive Director of Marine Resources Council, I have authority to sign for this request. Thank you for your consideration. Sincerer- / J Leesa Souto,Ph.D. Executive Director A list of the names and addresses of all owners of parcels of real property within three hundred feet of the parcel to be considered. Parcelld 31382600003000000232.0 31382600003000000227.0 31382600003000000227.0 31382600003000000257.0 31382600003000000225.0 31382600003000000264.0 31382600001000400001.0 31382600003000000223.0 31382600003000000261.0 31382600003000000231.0 31382600000300000006.0 31382600001000400002.0 31382600003000000230.0 31382600003000000230.0 31382600003000000231.0 31382600003000000226.0 31382600003000000258.0 31382600003000000224.0 31382600003000000260.0 31382600001000400004.0 31382600001000400005.0 31382600003000000259.0 31382600003000000233.0 31382600003000000233.0 31382600003000000232.0 31382600003000000229.0 31382600003000000262.0 31382600003000000234.0 31382600000100000002.0 31382600000100000002.0 31382600003000000263.0 31382600003000000000.2 31382600003000000228.0 31382600003000000265.0 OwnerName ALVAREZ-CALDERON LUIS & ARIAS CARLOS SARRIA ARIAS-GIRON LILIANA & BELLEMORE ROBERT R and JOANNE V BOHLKE DAVID J & BONNIE A BREEN JOHN & CASSANDRA CITY OF SEBASTIAN COLMERAUER ROBERT I and LINDA C COMITO RONALDJ & KAREN A DELPRETE PATRICK DOUBLE R & D INC INDIAN RIVER COUNTY JOHNSTON JOSEPH JOHNSTON MARTHA KENNEDY CHERYL (LE) LANGDON TIFFANY & ANTHONY LENNON WAYNE A MADOCKS ROBERT & EILEEN MALE NFANT WILLIAM A* and MARY JEAN MARINE RESOURCES COUNCIL OF EAST FLORIDA INC MARINE RESOURCES COUNCIL OF EAST FLORIDA INC MARTIN JOHN J & HERMINE MCKERNAN DIANE M & PARISIO JOSEPH J PESTANA SARA E REYES FELIX JR and DESIREE A REYNOLDS THOMAS CRAIG (TR) RUBINI ANDREW M RUSSELL ROBERT M (TR)(1/2) RUSSELL SUSAN K (TR)(1/2) SEBASTIAN GINA M SEBASTIAN RIVER LANDING INC VITALE ANTHONY G and CAROLANN VOSE JAMES & BRENDA JOYCE OwnerAddress2 244 BARBOSSA DR 234 BARBOSSA DR 227 BARBOSSA DR 230 BARBOSSA DR 245 BARBOSSA DR 1225 MAIN ST 226 BARBOSSA DR 235 BARBOSSA DR 1335 SHORELINE CIR 180127TH ST 240 BARBOSSA DR 240 BARBOSSA DR 242 BARBOSSA DRIVE 232 BARBOSSA DR 229 BARBOSSA DR 228 BARBOSSA DRIVE 233 BARBOSSA DRIVE 3275 DIXIE HWY NE 3275 DIXIE HWY NE 231 BARBOSSA DR 246 BARBOSSA DR 238 BARBOSSA DR 237 BARBOSSA DR 248 BARBOSSA DR 8920 86TH AVE 8920 86TH AVE 239 BARBOSSA DR 1682 W HIBISCUS BLVD 236 BARBOSSA DR 251 BARBOSSA DR OwnerCltyStZip SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 VERO BEACH, FL 32960 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 PALM BAY, FL 32905 PALM BAY, FL 32905 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 VERO BEACH, FL 32958 VERO BEACH, FL 32967 VERO BEACH, FL 32967 SEBASTIAN, FL 32958 MELBOURNE, FL 32901 SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 an t SEBAST_" HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission November 4, 2021 Item 7.13. P&Z Quasi -Judicial Hearina — Recommendation to Citv Council Land Development Code Rezoning Amendment for a specific site Fischer 99th St. 1. Project Name 2. Project Applicant: 3. Requested Action Fischer 99'h St., 10105 Industrial Park Blvd Henry A. Fischer 10725 US HWY 1 Sebastian, FL 32958 Request is for a change from County (IL) Light Industrial to City (IN) — Industrial (Attachment A as part of Item 6.13) 4. Project Location: Section 20, Township 31 South, Range 39 East Subject Parcels are 1.47 Acres, More or Less Parcel # 31-39-20-000003-00000001.1 Legals: See Deed and Survey (Exhibit 1) 6. Project Description The subject property consists of 1.47 acres, more or less, located south of Vickers Grove Mine, west of the FEC railroad and north of 991h Street. The property is surrounded by active industrial uses and is currently used as part of the mining/industrial operation for storage and parking. The subject property is currently located within an enclave of unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure (Attachment A). Current zoning in the County is IL -Light Industrial. Application has been made to rezone the property to IN -Industrial to be compatible with the City of Sebastian future land use designation, simultaneously with the annexation of property. The applicant does not have a proposed site development plan for the property however, with the closing of the mining operation and land use change to mixed -use; the 1.47 acre property has been proposed to be added to future development of the Vickers Grove property. a. Site Characteristics (1) TotalAcreaae: (2) Current Land Use(s): (3) Current Zonina: b. Adiacent Properties Zoning North: IN East: IL West: RM-6 South: RM-6 1.47 acres County C/1—Commercial/Industrial County IL — Light Industrial Current Land Use Industrial Industrial Vacant/Commercial Vacant/Commercial Future Land Use IN (CITY) C/I (CNTY) M-1 (CNTY) M-1 (CNTY) 6. Comprehensive Plan Consistency a. Changed Conditions: The proposed future change of land use and zoning to an industrial use is consistent with the current uses of the property and current County designation. The parcel is utilized mainly for staging, parking, and/or storage. Future surrounding development to the north or surrounding this small parcel is compatible with this current use. The area is slowly redeveloping into more high density residential and this parcels industrial designation will allow current uses to continue and provide suitable accessory or supporting uses for potential future developments. b. Land Use Compatibility: According to the Industrial District zoning requirements (Sec. 54-2-5.6), IN designation is to provide limited industrial development permitting uses such as: utilities, commercial retail, storage facilities, restaurants, trades and skilled services, parking lots, clubs and medical services. Applicable performance standards are in place to reduce impacts on adjacent residential districts, i.e. screening and buffer requirements. The site and surrounding uses are currently operating as industrial. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed zoning have been provided in Attachment A. The property has provided assurance of the availability of sufficient public access and public facilities. The property is within the current service boundary for water/sewer and public safety. e. Natural Environment: The subject property does not appear to contain natural areas, having been cleared as part of the current use. However, a natural resource assessment will be required as part of the permitting and development process. f. Economic Effect: The property is currently utilized as part of the surrounding industrial uses. As these uses change, the continued utilization of this small parcel as an amenity for future development will be considered. With the potential annexation and change in land use, the property can continued to provide industrial uses to the active industrial park. The parcel may also provide an amenity as part of future development allowing for RV parking, community centers, or outside storage. These types of amenities within a community provide a higher value to future residential or commercial uses, which support the tax base within the City. g. Orderly Development: The proposed rezoning change is consistent with the zoning map and provides an orderly development pattern. h. Public Interest: The proposed zoning change does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and land development code. 7. The requested zoning change from County IL to City IN is consistent with the Land Development Code and staff supports a recommendation of approval to the City Council from the PZ Commission. Lisa L. Frazier. AICP 1110412021 PREPARED BY 61 Roc / s0 Taa4O. Corporate Warranty Deed C: + G�his Indenture, made this 2Oth day of December A.D. 2000 Between Atha a Swiger Real Estate, Inc. 1329 US Righvay 1 Sebastian, FL 32959 P whose post office address is: El IE a corporation existing under the laws of the VIA State of Florida . Grantor and Henry Anthony Fischer 10725 US Righvay 1 Sebastian, FL 32958 whose post office addicts is: Grantee. EXHIBIT 1 IN THE RECORDS of JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO.. IRA. OOgN�[II M alarm Moll 140.00 NOTE a JEFFREY E. SARM. CUM NIDWI Aw" GOIWTY r7 Wltsesseth, that the said Grantor. for and in consideration of the sum Of ( Ten a NO/100 ) CD Dollese. to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and O sold to the said Grantee forever, the following described land. situate, lying and being in the County of as Indian River , Sure of Florida. to wit: N Gas Schedule A attached hereto and by thin reference made a part — hereof. StMJBGT TO covenants, restrictions, easements of record and taxes for the currant year. Subject to eovanants, restrietiona and easements of record. Subject also to taxes fox 2000 and subsequent years. Parcel identification Numbers 20-31-39-00000-3000-00001/1 And the said Grantor does hereby filly warrant the title to said land. and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day and year fast above written. Signed anA.SwJed in Our Presence. State of Florida County of Indian River Atha/ St Swiger Real Rhoda Swi'er,) In president Estate, Inc. (Corporate Seal) The foregoing Instrument was ackkowledged below one this 20th day of December Atha Q Swiger / Ahc-Xt.—w.a(: ,-Pv,e_', iir•�t of Atha 4 Swigor Real Estate, Ync. fa J r X w cc 2000 , bye ■ corporation existing under the laws of the State Of Florida , on behalf of the corporation. HerShe is personally known to me or has produced personally known o me as identification. �( Ic-000I PREPARED BYs Nicholls Kamo10 'Otary• Public RECORD a RETIIRN TOIrsPram .,_ iloldi fA Fatah-)kr ,,, Fit American Title Insurance CompayotyCommmxm E.mta-.l cwv.B 990D OS Highway l bw Sebastian, Florida 32958 ''��Auwa Buss o. I.. File Not 800 57ti.Nu14*1i'uj+t.�3.4 <29- schedule A Most 275 feet of the North 233 foot of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 20, Township 3i South, Mange 39 Bast, Indian Rigor County, Florida. LESS AND ML. 4w c . therefram 22 feet on the North side and 12 foot on the West side reserved for public road# LEBB AND MZw"dA thorefrcm the following described propertym All that certain parcel or tract of land in Zadian River County, Florida, beginning at a point which is 555.2 feet due South of the Northeast corner of the Northwest Quarter (NW1/4) of Section 30, Township 31 South. Range 39 Bast, and running South 100 feet: thence hest 660 tests thence North 100 test# thence Bast 660 feet to the point of beginning. CA r Ca3 Go- Cr File Not BOOS78 Permit Application No. ST�►v City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Henry A. Fischer Address: 10725 US Hwy 1, Sebastian, FL 32958 Phone Number: ( 772 ) 589 - 3159 FAX Number: ( 772 ) 589 - 7731 E-Mail: haflQbellsouth.net Owner (If different from applicant) Name: Address: Phone Number: ( ) FAX Number. ( ) E-Mail: . True of permit or action requested: Rezoning 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 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Fischer Industrial Park Blvd (Swiger) Annexation I B. Site Information Address: 10105 INDUSTRIAL PARK BLVD, SEBASTIAN, FL 32958 Lot: Block: Unit: Subdivision: Indian River County Parcel #: 31392000000300000001.1 Zoning ClassificationExisttna IRC: IL- Llght IndustriaFuture Land Use: Existing IRC: Cn: Commerdavmdustnal Proposed COS: IN- Industrial Proposed COS: Industrial Existing Use: Industrial Proposed Use: Industrial C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): After annexation, designate the parcel 'Industrial' on the Zoning Map DATE RECEIVED: _/ / FEE PAID: $ RECEIVED BY: Permit Application No. D. Project Personnel: _ Agent: - Name: Address Phone Number: ( ) FAX Number. E-Mail: Attorney: Name: Warren Dill, Esquire - Dill, Evans & Rhodeback Address 1565 US Hwy 1, Sebastian, FL 32958 Phone Number. (772 ) 589 - 1212 FAX Number: { E-Mail: wwd@dillevans.com Engineer: Name: Joseph W. Schulke, P.E., Schulke, Bittle & Stoddard, LLC Address 1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960 Phone Number. (772) 770 - 9622 FAX Number. (772) 770 - 9496 E-Mail: I ischulke@sbsengineers.com Surveyor: Name: William B. Zentz & Assoc., Inc. Address 684 Old Dixie Hwy., Vero Beach, FL 32962 Phone Number. (772 ) 567 -7552 FAX Number. (772 ) 567 -1751 E-Mail: biliz-wbz@comeast.net 1, Henry Fischer , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT. V 1 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 IN ORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURA TRUE TO / BaMY KNOWLEDGE AND BELIEF. Lynhy/ 71 SIGNAL RE / DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODUCED _ AS IDENTIFICATION, THIS `:! DAY OF I i I I / , 20j]_. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NOJEXPIRATION SEAL: I ty MICHELLE R LOSS nv Notary Public -State of Florida i = Commission M GG 381343 My Commission Expires r ra July 31, 2023 Permit Application No._ __ _ The following Is required for all comprehensive plan amendments, zoning amendments (Including rezoning), site plans, conditional use penults, spacial use permits, variances, exceptions, and appeals. IMIE, V— THE OWNER(S) / _ 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 Planning & Zoning and City Coucil 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 WANE ANY OBJECTION OR DEFENSE UWE 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 PROMIS 6E, BY ANY EM L YE, , CONTRACTOR OR OFFICIAL OF TH CITY OF SEBASTIAN. AU J;1 SI DATE SYom to and subscribed before me by 4nn l d�}ny�Xnt�Ff�hec who is ppersonall ( known to me or produced as ident'lficaBon, this tay of Notary's Signature i 0) 1,L.' 1 A I ;Ie" LN _. Printed Name of Notary 1-1T 7 Commission No./Expiration Seal: "/" MICHELLE R. CaS$ _Notary Public -State of Florida ` Commission r GG 301343 il %?e„ MY Commission Expires ��.11F• July 31, 2023 Permit Application No. _ cC °"0F Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. HOME OF PELICAN ISLAND 1. Proposed zoning: Industrial _ 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. After annexation and FLUM designation of Industrial, rezoning to Industrial will be consistent with the comprehensive plan. _ 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. Rezoning to "Industrial" will make the property's use consistent with the proposed FI I IM and therefore consistent with tha Cnde of Ordinanca_c _ 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 5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City. After annexation and FLUM designation of Industrial, rezoning to Industrial will be consistent with the comprehensive plan. 6. Are there adequate public facilities to serve the proposed land use? Yes Permit Application No. 7. Explain how the proposed rezoning will not result in a significant adverse impact - on the natural environment. Any development proposed would be substantially the same whether in IRC or the City, so the rezoning would not result in significant .adverse impact an the natural environment 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. Any development proposed would be substantially the same whether in IRC or the City, so the rezoning would not result in change In the anticipated property values, if any. 9. Describe how the proposed rezoning will result in an orderly development pattern. Any devleopment proposed would be substantially the same whether, in IRC or the City, so the rezoning would result in the same orderly development pattern. 10. Attach the following: a. A verified statement showing each and every individual person having a legal and/or equitable ownership 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. 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. L , c. A survey and legal description of the property to be rezoned. SEBASTLA 'T m n �i HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission November 4, 2021 Item 7.C. P&Z Quasi -Judicial Hearina — Recommendation to Citv Council Land Development Code Rezoning Amendment for a specific site Fischer US 1 1. Project Name: Fischer US 1, 10595 US HWY 1 2. Project Applicant: Henry A. Fischer 10725 US HWY 1 Sebastian. FL 32958 3. Requested Action: Request is for a change from County CL-Commercial Limited to City (CG) — Commercial General (Attachment A as part of Item 6.E) 4. Project Location: Section 17, Township 31 South, Range 39 East Subject Parcels are 6.17 Acres, More or Less Parcel # 31-39-17-000003-00000014.0 Legals: See Deed and Survey (Exhibit 1) 5. Project Description The subject property consists of 6.17 acres, more or less, located south of Schumann Drive and Sebastian Highlands Unit 7, west of US HWY 1, north of vacant property and east of the FEC RR. The property is currently vacant. The subject property is located within unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure (Attachment A). Current zoning in the County is CL-Commercial Limited. Application has been made to rezone the property to be compatible with the City of Sebastian zoning map and long range plans simultaneously with the annexation of property. The properties rezoning amendment request is for a CG- General Commercial. The applicant does not have a proposed site development plan for the property however any development proposed would be substantially similar to development within the County, should it not be annexed into the City, and would be under the guidance of the City land development regulations. a. Site Characteristics 1) Total Acreaae: (2) Current Land Use(s): (3) Current Zonina: b. Adiacent Properties 6.17 acres County C/1—Commercial/Industrial County CL — Commercial Limited Zoning Current Land Use Future Land Use North: PS, CG Commercial CG (CITY) East: RM-6 Residential C/I (CNTY) West: IN Vacant MU (CITY) South: RM-6 Vacant C/I (CNTY) 6. Comprehensive Plan Consistencv a. Changed Conditions: The proposed future change of land use to a general commercial designation is consistent with the current uses of an urban corridor such as US HWY 1. Should the property remain in the County, a more intense commercial or industrial use may be proposed. This is incompatible with the adjacent existing residential and public institution uses to the north within the City. The area is slowly redeveloping into more high density residential and commercial urban corridor. This designation will provide suitable uses for potential future developments. b. Land Use Compatibility: According to the Land Use Element, CG is to "accommodate general retail sales and services; highway oriented sales and services, and other general commercial activates". This designation is generally located in highly accessible areas, adjacent to major arterials. This promotes the image and function of the urban core which is the City's center for commerce. General Commercial land uses comprise only 2.6% of the total land uses in the City. The establishment of commercial land uses along a major arterial is in conformance with the long range plans of the City. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adeauate Public Facilities: Public facilities requirements for this proposed rezoning have been provided in Attachment A. The property has provided assurance of the availability of sufficient public access and public facilities. The property is within the current service boundary for water/sewer and public safety. e. Natural Environment: The subject property appears to have been previously cleared and retains little natural areas. However, a natural resource assessment will be required as part of the permitting and development process. f. Economic Effect: The property is currently vacant and located along a major transportation arterial. As the City grows, this corridor will demand additional commercial uses to serve the residents. With the potential annexation and change in land use, the property can provide needed commercial services along this urban corridor for the benefit of the residents and regional travelers. Commercial types of uses within a community provide a higher value to future residential or commercial development, which support the tax base within the City. g. Orderly Development: The proposed rezoning is consistent with the zoning map and provides an orderly development pattern. h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and land development code. 7.Conclusion: The requested rezoning from County CL to City CG is consistent with the Land Development Code and staff supports a recommendation of approval to the City Council from the PZ Commission. Lisa L. Frazier. AICP 11/04/2021 PREPARED BY 2 1998811 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2347 PG: 200, 06/11/2009 02:05 M DOC STAMPS D $0,70 EXHIBIT 1 Rae. Fee $10.00 2 pF (� Dx3 . S". $0.70 Prepared by and Rehm to: Fischer Family Partnership, LLC PO Box 780069 Sebastian, FL 32978-0068 Tax ID N 31-39.17-00000-3000-00014.0 (� �T' THIS WARRANTY DEED made the 6 .day of 6l ne .C�V by Sebastian General Partnership, B.F.T, a Florida General Partnership hereinafter called the grantor, to Fischer Family Partnership, LLC, a Florida Limited Liability Company whose address is: PO Box 780068. Sebastian, FL 32978-0068 hereinafter ailed the grantee: WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grads, bergalns, sells, aliens, remises, relcm s, conveys and confirms unto the grantee all that certain lend situate in Indian River County, State of Markle, viz Beginning at the Northeast comer of that part of the South 1/2 of the Southeast 1/4 of the Northwest 1/4, lying East of the rightroRway of Florida East Coast Railway, and West of the public road, in Section 17, Township 31 South, Rangy 39 East, said point of beginning being also the Intersection of the North line of the fchowing described net with the Southwesterly rightaf-way line of U.S. Highway No. 1; from said point of beginning run z thence West (South 89e 28' West) along the North line of said tract for a distance of 806.9 feet to an 'van pipe on the Northeasterly rightrof-way line of the Florida Eart Comet Railway, thence run Southeasterly along the Northeasterly line of said right -of --way for a distance of 359.49 feet to an iron pipe; thence East (North 89e 28' East) for a distance of 836.8 feet to an iron pipe on the Southwesterly righbof=way line of U.S. Highway No. 1, thence ran Northwesterly along the said right-of-way line for a distance of 372 feet to an iron pipe and the point ofbeginning. Subject property' Is not nor does it adjoin the homestead property of the grantor le raio. No consideration was paid for this transaction. TOGETHER, with all the tenements, hereditame ns and appurtenances thereto belonging or in anywise R C. appertaining. TO HAVE AND TO HOLD, the more in fat simple forever. AND the grantor hereby comets with said grantee that the grantor is lawfully seized of said land in fix simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the tittle to said lad and will defend the same against the lawful claim of all persons whomsoever, and that said land is five of all evcumbranaa, except tams ==lag subsequent to December 31, 2006. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above writem Signed, toiled and delivered In the presence of: '9" 6. P6;ptey — Printed Signature of V Witness SEBASTIAN L PARTNERSHIP, B.F.T., e File"lp How5KA. rischer, General Partner Grantors Address: PO Box 780068 Sebarlim. FL 32978-0068 STATE OF RLORMA COUNTY OF 1NDIAN RIVER The foregoing Imrummi was acknowledged before me on this date, by Henry A. Fischer, General Partner of SabasNm Oenernl partnership. B.F.T., a Flodda General Partnership, who Is penonally known to me m who has produced: as ldantlfiaarim. WITNESS my bend and oBicfd seal In the Sam and Courtly last afermald this ri f S G T-a'ft � �C2r s NOMy's PrinW Name Notary Publ' , My tiDOrla CSi (_ 10 (Nohary 0�e[m',y'Ift/DOg18]gg 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L04000042016 Entity Name: FISCHER FAMILY PARTNERSHIP, LLC Current Principal Place of Business: 10763 US HWY. #1 SEBASTIAN, FL 32958 Current Mailing Address: 10753 US HWY.#1 SEBASTIAN, FL 32958 US FEI Number: 20.1463281 Name and Address of Current Registered Agent: FISCHER, HENRY ANTHONY 10753 US HWY.#1 SEBASTIAN, FL 32956 US FILED Feb 25, 2021 Secretary of State 00709406SOCC Certificate of Status Desired: No The above named anWyaubndla lhla statement for(M purpose olrherpNp tta realel cd rq wreplal y1o(d,Jr both, In the State olF(addp. SIGNATURE: HENRY ANTHONY FISCHER / /� E(/. 02125/2021 Electronic Signature of Registered Agent I Date Authorized Person(s) Detail : Title MGRM Name FISCHER, HENRY ANTHONY Address 10753 U.S. HIGHWAY 1 City -Stele -ZIP: SEBASTIAN FL 32958 IhembY m4bftl the trdwmalpri xiNCpladaa MruPM waapPbmamel mPM4vw mdaoanme endllml eN Nwimnb Qnsw" wwft" M Sew Mawr M wrmaw~ oath: 1"I IamamaAWW.m ,, wmarugra(Ihb lbNbd/aGMtompwyor Ne masts/NpW4a mmaaraam&wwhV*mpalamaehvdbY0hWVW, FMide alW" uk Nil my mma appeemebom aar nn OR~ nth eaelhar W empeerrad. SIGNATURE: HENRY ANTHONY FISCHER 02/2512021 Electronic Signature of Signing Aulhodzed Person(s) Detail Date Permit Application No. SIN City of Sebastian Development Order Application Applicant (if not owner, written authorization (notarized) from owner is requlmd) Name: Henry A. Fischer Address: 10725 US Hwy 1, Sebastian, FL 32958 Phone Number( 772 ) 589 - 3159 FAX Number ( 772 ) 589 - 7731 E-Mail: hafl@bellsouth.net Owner (if different from applicant) Name: Address: Phone Number: ( ) - FAX Number. ( } - E-Mail: ITitle of permit or action requested: Rezoning PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMrr OR ACTION THAT YOU ARE REQUESTING. COPS OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1l2" BY 11" COPE OF ANY ATTACHMENTS SHALL BE muDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Fischer 10595 US Hwy 1 {5.17 acre} Annexation s. Site Information Address: 10595 US Highway 1, SEBASTIAN, FL 32958 Lot: Block Unit: Subdivision: Indian River County Parcel 0 31391700000300000014.0 Zoning Classification: Pmpmdcat oo m+oumm Future Land Use: i'ropo3ed cos: General Comrnercla! FxMm IRC: CL - Comnwrlca! LkTdW Existing IRC: Cn: Comm@rdaUlndusWa! Existing Use: Undeveloped Proposed Use: Not Determined C. Detailed description of proposed activtty and purpose of the requested permit or action (attach extra sheets if necessarv): After annexation, designate the parcel "Commercial General" on the Zoning Map DATE RECEIVED: !� I FEE PAID: $ RECEIVED BY: Permit Application No. D. Project Personnel: Aqent: Name: Address Phone Number E-Mail: FAX Numh Ate— --- Name: 1Narren Dill, Esquire -Dill, Evans & Rhodebadc Address 1565 US Hwy 1, Sebastian, FL 32958 Phone Number: (772 1 589 - 1212 FAX Number ( ) E-Mail: wwd@dillevans.com Engineer: Name Joseph W. Schulke, P.E., Scllulke, Bittle 8 Stoddard, LLC Address 1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960 Phone Number ( 772) 770 - 9622 FAX Number (772 ) 770 . 9496 E-Mail: jschulke@sbsengineers.com _ Surveyor: Name William B. Zentz &Assoc., Inc. Address 684 Did Dixie Hwy., Vero Beach, FL 32962 Phone Number: (772 ) 567 -7552 FAX Number: (772 ) 567 -1751 E-Mail biliz-wbz@comcast.net f, Hen,, A Fscher BEING FIRST DULY SWORN. DEPOSE AND SAY THAT V I AM THE. DWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT All THE IN ORMATION MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURy/y/y/'7UE T� /`.IJD TRI IE JE T 0 .Y KNOWLEDGE AND BE[ IFF SIGNATURE I DATEV f7 SWORN TO AND SUBSCRIBED BEFORE ME BY yaiil„ iAl N ►k l WHO Is PERSONALI Y K'JOM TO YE OR PR �D�UjC�E�O� _ _ - AS IDENTIFICATION THIS ! :\{' DAY OE �� j l ka f - NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NOJEXPIRATION SEAL 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) I ,_ 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 Plavd,IQ S Zonin: and CB, Coudl BOAROICOMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. ME HEREBY WAIVE ANY OBJECTION OR DEFENSE 1/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 BF4NG SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMI, -. JADE, BY 'Y r, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Gil 1(1A I� $IGN. URE ddTEU - Sworn to and subscribed before me who is ersonally known to me or pi es identifica wt n this F Aday of Notary's Signature Printed Name of Notary Commission No./Expiration Seal: I-Iij )Q `,.4y./ used-- —- Permit Application No. _ SEc OT!e�' Supplemental Information .� ~" Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. HOME OF PELICAN ISLAND _ 1. Proposed zoning: Commercial General 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. After annexation and FLUM designation of Commercial GenFral, rezoning to Commerical General will be consistent with the comprehensive plan. _ 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. Rezoning to "Commercial General" will make the property's use consistent with IN proposed FLUM and therefore onsist nt with the Rode oLOrdinances 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 5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City. After annexation and FLUM designation of General Commercial, rezoning to Commerical General will be consistent with the comprehensive plan. 6. Are there adequate public facilities to serve the proposed land use? Yes Permit Application No. 7. Explain how the proposed rezoning will not result In a significant adverse Impact on the natural environment. Any development proposed would be substantially the same whether In IRC or the City, so the rezoning would not result in signfficant adverse imaact on the natural environment 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 may. Any development proposed would be substantially the same whether in IRC or the City, so the rezoning would not result in change In the anticipated property values, if any. 9. Describe how the proposed rezoning will result in an orderly development pattern. Any deveeopment proposed would be substantially the same whether in IRC or the City, so the rezoning would result in the some orderly development pattern. 10. Attach the following: ,L a. A verified statement showing each and every Individual person having a legal and/or equitable ownership 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, 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. c. A survey and legal description of the property to be rezoned. 1. SEBASTIAN HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission November 4, 2021 Item 7.D. P&Z Quasi -Judicial Hearina — Recommendation to Citv Council Land Development Code Rezoning Amendment for a specific site Cross Creek Addition 1. Project Name 2. Project Applicant: 3. Requested Action Cross Creek Addition, 1820 Shakespeare St. Henry A. Fischer 10725 US HWY 1 Sebastian, FL 32958 Request is for a change from County A-1-Agricultural 1 to City RS-10— Residential Single Family (Attachment A as part of ITEM 6.F) 4. Project Location: Section 31, Township 39South, Range 30 East Subject Parcel is 19.68 Acres, More or Less Parcel # 31-39-30-000005-00000003.0 Legals: See Deed and Survey (Exhibit 1) 5. Project Description The subject property consists of 19.58 acres, more or less, located at the SE intersection of Shakespeare St. and Yearling Trail, '/. mile north of CR510. The property is surrounded by existing residential and vacant residential land uses. The property is currently vacant. The subject property is located within an enclave of unincorporated Indian River County, surrounded on three sides and contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure (Attachment A). Current land use and zoning in the County is R-Rural and A-1. Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans simultaneously with the annexation of property. The properties zoning amendment proposal is for RS-10-Residential Single Family which is compatible with the existing adjacent Cross Creek Lake Estates development. The applicant does not have a proposed site development plan for the subject property at this time. However, it has been presented that this property, as well as the 20 acres adjacent to the east, are proposed to become part of the existing platted development. a. Site Characteristics 1) Total Acreaae: (2) Current Land Use(s): (3) Current Zonina: b. Adiacent Properties Zoning North: RS-10 East: RS-10 West: RS-10 South: A-1 19.58 acres County R-Rural County A-1— Agricultural Current Land Use Residential Residential/Vacant Residential Vacant Future Land Use VLD (CITY) VLD (CITY) VLD (CITY) R (CNTY) 6. Comprehensive Plan Consistencv a. Changed Conditions: The proposed future change of zoning to a low density residential designation is consistent with the current surrounding uses. Existing residential development surround this property as RS-10 which is planned to become part of the existing Cross Creek Lakes Estate subdivision. This designation will provide suitable uses for potential future developments. b. Land Use Compatibilitv: The Single Family Residential District of RS-10 (SEC. 54-2-5.,2.3) is established to implement policies and performance standards for low density development on lots of 10,000 square feet. This is compatible with all surrounding zoning within the residential area. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed rezoning have been provided in Attachment A. The property has provided assurance of the availability of sufficient public access and public facilities. The property is within the current service boundary for water/sewer and public safety. e. Natural Environment: An environmental assessment of the subject property was performed and the property includes vacant, disturbed lands. Habitat for listed species and wetlands were identified. All natural resource protection measures will be required as part of the permitting and development process. f. Economic Effect: The property is currently vacant and located within a low density residential area of the City. The adjacent development, Cross Creek Lake Estates, will be expanded to the west and provide a potential right-of-way alignment to CR 510. Additional road RNV is essential to provide access to CR 510 and provide alternative safety routes to residents within the highland neighborhoods during evacuations and other emergency actions. In addition, the development will bring sewer and water further west into this part of the City. These infrastructure improvements provide a higher value to future residential or commercial development, which support the tax base within the City. g. Orderly Development: The proposed rezoning is consistent with the Land Development Code and Code of Ordinances. h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 7.Conclusion: The requested rezoning from County A-1 to City RS-10 is consistent with the Zoning Map and staff supports a recommendation of approval to the City Council from the PZ Commission. Lisa L. Frazier. AICP 11/04/2021 PREPARED BY DATE 2 Ownership Documentation Deed • Letter of Authorization • IRC Property Appraiser's Information "SURVEY EXHIBIT 1 Page 16 3120190042484 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK.- 3224 PG: 21, 7118/201910:05 AM D DOCTAX PD $1,400.00 Pimp aod by aid Ra m ex, lama Ids I'M I kboml Den ' 1� Aosttq 7X mu WARRANTYDEW 1 71bWana lyDeptMdatbtsdlyot byJ=wMwmmb%wbftgftPxawof C�pvlt'ibrbe Pam a6�11Z,Z7R4, a Doiswsao astlod tba �arstor, ahosa post oism address is 2W Lbbm Oft AattEn TX MM If ea CDAIBww lJA a Tmw Lh%bd tLb9 Compaq. whose post *Mw address b: W0 Uplssan Ddm Aaettq TX 7= Acst - 9 - cem t3apargoo, 1 t � t . Y�'$TH: 'foss sdd ptseeoy a>r sad [n aaasidaselaa dthaatm dTaa T� sad otAarvsrtapla ooasidocsttorn. � wrhasa[6 Ezssbl/ hacby ptaatr. bapbq se!!s, elleaR tsmtaea, ssteates. anrgs sad aoe9aos sofa tba 13 at1 fiat aside lead slotttod io 6�dita� Fadd% ris: PARM1: 4be Bou&wsst 114 of tbs Nbcd omt 1I4 d elto Sons wat I^ of SoWw 3% Taw=* 31 SooQ►, Rasrao 39 '1+R to tadlan Idea Cooagr. Florida AND PARM1 Baghrbs salts Soatvmtamw of do Nor& tN atdw Nm&wm lM of do Sau&wut W cfS xdw 386 Townshtp 3l Sowh, R=p 39 fbq RtmNoesb a dtataaoa d l00 fAst to 1W Sa�ast ooeaadSt3estfst !i! IIa1t [ i. M ti000cdodlA PM liooit 7. pcea S1S•F. Publlo Rsoonds d6odiae 13lrar Coatgy. iRoelBs. il>mm aoetdaate Noem a dtataaoC of 31t1 tkgtibmoa ltilaR lsaq a dids000 of t501ta thaooa Sa:dti a dimaoed= hd to ft3oasts tt000f=ldNwdse W V4 af6c HmdfwW 114 at&*Bomhaess 3A-.9=oocue Weatadbdmood 150 fates Poiatd Sold Imd"sad bobs fn 3000 30. TN ashtp 3l soya R=p 39 VWt is tam RNW C=9W. HaidL AND PARCEL'3: 7W-f if - IMddolknl%a tt14oftbsSwAhv a1J4ofSaoft30.Towas*3l800tb.Rasps39BMdlofsddbW sndbdsp b bdtaa Rhw . Pbeik UW AM EXCFpl'tNO MM FOt.t.0 WO.- Bq*mtios aft 3assaast aomaeattlra Noedsw im ordo Nw&vxd 114 of� 114 43eatim SIX Taaatbip 31 SarQt Rsae 3 Bak MN04Zi ad{ftlWat 100lx w dw 9oomastaacaerd Sabssttst Ug* 1l. as aaoos+ded is Plat Hoot 7, pop Sdf. PaDS1oPA=* annow Rim COtsafa, Pbdd; ll=w ooa*=Nato a dtsWm of fb yooCtbaaoo nst 2W adatte= of ISO ftt eltt= evn 8oddt aftnoe dW 0400 *A 3wAllw4fsddNw*wW IN of Nartbwast 114 o!'dseW: dseaoa Wmta distmaa d ISO toto do Pda ctBaStufaL is Iodic 8Jw c=*y. PWIML Las sad =Wt osasts and Road R%ft d Way. . Tbls psopagr b not mo baamtsad dills ch�tar p} J, J VbrYtba►webaillttatmROeataLw. ......— ad nrr st>oeembdoestatorinar4ra�lse ur ..+l..lr To Helve flad to Hold, mo asma to ft ompla esaear. And the v--, bateby a>~cm , wfm add gaoma tine d�agaaea. b tsw3dly saiaod ofsdd boil to 0o aisaplx ttsamo gaotoe 2w Dood and bselbl sxhoetgr to ae ava aooraypid fsQdt dxf the aomoe bea5y ltttlysraraab the ttslo p add tasd ass wID aoihaa b cams epimetso IawSdotaiataalsA,,,,,,,,,,,,,,,,,,�,sndthsesddtsndbt�ooafstl,.„..,.,,, ...,���6ti•..,;., egpicdcoa salaesomeats altomcd. ifttp. me tsmts" tot" aM-osaled' banebt sW be P; m l mod eo bmh& ill Osadas aid $b* tr a tdtuut Oft amp bdu") IN WI9' M WMMOF. onaw t= bmtoo set vx ooes bma sad sad tha dq sod yaac mst show NIP $Ww4 Sakd sad Dd a W to Our Pcesoacm CstapottThtes PstaaslJpr A Dalaacscsl�aMonhip 86102-2274 hors Mumoaft m mpaw Wtaoss CCoMyOF: %V 1 'Lboila hone tmt "m admowrlo Spd batbraax this d4 il l ��I by lases t4awac� at MmqftPa4asrdCaiyah'13aooPa-, 948"11-2?i&aDolarrs+oPat-MV—tp 1 Who kkm pasooady kmwo to me a Who hura w yraduced d:tm Ocem Was Ideastaadm MoRargyP+.1+Oia SiiM of Now rbAt � �. No. omftdM OorntiltlMo1+E1vii+tM DowSEgn Envelope ID: 8A92FB00-6FE045B3-9808-279BOFD40CEF City of Sebastian Planning and Zoning 1225 Main St Sebastian, FL 32958 RE: 1.820 Shakespeare St., Sebastian, FL 32958 P i D: 3139300000050=0003.0 Annexation Request To Whom it May Concern: C t" ( . l hereby give authorization to Dr Henry A Fischer to be my representative to the City of Sebastian to have the above parcel annexed into the City of Sebastian. Sincerely, zDocMgntd by. 3/30/2021 ,�a�xts N �.u.S�acc�cia, a cchia CDAfiiance I.I.C. President 2420 Upizzan Dr Austin, TX 78732