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HomeMy WebLinkAbout12-02-2021 PZ AgendaSEBASTIAN HOME OF PELICAN ISIAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ WWW.CITYOFSEBASTIAN.ORG AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, DECEMBER 2, 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 November 4, 2021 6. 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 7. ADJOURN THE PLANNING AND ZONING MEETING AND CONVENE THE LOCAL PLANNING AGENCY (LPA) MEETING 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. REMOVE FROM TABLE Requires a motion to remove it from the table, must be a 2nd, no discussion and must be a majority vote 1. 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. 8. ADJOURN THE LOCAL PLANNING AGENCY (LPA) MEETING AND RECONVENE THE PLANNING AND ZONING MEETING 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. REMOVE FROM TABLE Reauires a motion to remove it from the table. must be a 2nd. no discussion and must be a majority vote 1. 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 9. UNFINISHED BUSINESS None 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 htto://www.citvofsebastian.org/oublic-inout-methods. However, the public is advised to check the City website for up-to-date information on any 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 569-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. All government meetings in City Council Chambers wilt be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.citvofsebastian.ora unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES NOVEMBER 4, 2021 I. Call to Order -- Chairman Roth called the meeting to order at 6:00 p.m. II. Pledqe of Allegiance was recited by all. III. Roll Call Present: Mr. Roth Mr. Christino (a) Mr. Simmons Mr. Qizilbash Ms. Kautenburg Mr. Hughan Mr. Carter Mr. Alvarez Ms. Jordan (a) Also Present: Ms. Lisa Frazier, AIPC Community Development Director Ms. Dord Bosworth, Community Development Manager Mr. Manny Anon, Jr., City Attorney -- Late Arrival 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 Agenda Modifications Mr. Roth announced that there is full Commission present. All of the commissioners will have input. However, the alternates will not vote on any of the items that call for a vote. As far as agenda modifications, due to a conflicting schedule with the City Attorney, who is coming back from the Supervisor of Elections office in Vero Beach, having certified the recent election ballots, there will be modification of the agenda so that this meeting can move forward. Some of the other items on the agenda will be addressed before the Local Planning Agency (LPA) public hearings. The Chairman stated if the commissioners agree, immediately following the approval of the Minutes, Items VIII through XIII will be addressed. Mr. Roth then called for a motion moving the agenda items VIII through XIII be addressed before Item VI. A motion was made by Mr. Roth and seconded by Mr. Hughan. Roll Call Mr. Qizilbash -- Yes Ms. Kautenburg -- Yes Mr. Roth -- Yes Mr. Alvarez -- Yes Mr. Simmons -- Yes Mr. Carter -- Yes Mr. Hughan -- Yes PLANNING AND ZONING COMMISSIONIOCAL PLANNING AGENCY PAGE 2 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 Vote was 7-0 in favor. Motion passes. V. Approval of Minutes -- October 7, 2021 and October 14, 2021 Mr. Roth asked if all Commissioners have had a chance to review the Minutes from the October 7, 2021 meeting. All indicated they had There being no additions or corrections, Mr. Roth then called for a motion to approve the Minutes of October 7, 2021 as presented. A motion was made by Mr. Simmons, seconded by Mr. Carter, and approved unanimously via voice vote. Mr. Roth asked if all Commissioners have had a chance to review the Minutes from the October 14, 2021 meeting. All indicated they had. There being no additions or corrections, Mr. Roth then called for a motion to approve the Minutes of October 14, 2021 as presented. A motion was made by Ms. Kautenburg, seconded by Mr. Carter, and approved unanimously via voice vote. AT THIS POINT, THE CHAIRMAN MOVED TO ITEMS Vill THROUGH XIII OF THE AGENDA. Vlll. Unfinished Business -- None IX. Public Input Mr. Roth called on anyone from the public who wished to speak on anything that is not on this evening's agenda. There being no one in chambers or on Zoom who wished to speak, Mr. Roth moved to the next item on the agenda. X. New Business -- None XI. Commissioners Matters Mr. Christino stated he understood that staff attended a Metropolitan Planning Association meeting and asked if staff had any comments on it. Ms. Frazier stated she had presented a Power Point presentation. Vero Beach and Sebastian were asked to do a presentation on some of the things that those cities have been working on. She covered the items that she talked about at that meeting. Mr. Christino said he is very interested in those programs and asked if the meeting was open to the public. Ms. Frazier thought that there was some citizen representation present. Mr. Christino asked if there is a way to notify the commissioners prior to meetings such as this in the future. Mr. Christino also inquired about the status of the Squid Lips project. Ms. Bosworth stated the staff is comfortable with their plans for their buildings, and they submitted at PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 3 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 their own risk the building permits. The project was approved at the July 15th meeting, and since then they have gone through the process of getting the structural parts of their building permits reviewed. As of this week the permit for the over -the -water restaurant has been issued, and there will probably be some activity down there soon. Mr. Roth asked regarding the meeting that Mr. Christino talked about, if that is something staff might want to make available to the citizens of Sebastian. Ms. Frazier said that she would suggest waiting until we see what the County does with this information. Mr. Roth added that the attendance tonight brings back up to the surface the work that everyone put together on the Comprehensive Plan. He had submitted a draft of something to go to the media on it, and he does not know what became of that. It gave credit to all those in the City who worked on it. He asked if it would be appropriate to bring that back up, because this is bringing new light to that situation. Ms. Frazier agreed and replied that she had passed it up the chain. She would be happy to ask again if we would like to do an article about it. Mr. Roth reviewed that in the past the City gave an award that was given to a business that had had a very nice architectural design on their new building. That award was given several times, recognizing those businesses for being aware of the concept that Sebastian has been following, i.e. the fishing village theme. That project just fell silent for some reason, and there have been a couple of very nice projects completed. He made a motion suggesting that we bring that back and have the Commissioners as well as members of the staff submit buildings that are in the City that meet those criteria so that they could receive some sort of recognition such as a plaque. He also suggested having the City Council weigh in on that as well. Ms. Frazier suggested that this matter be put on next month's agenda as a recommendation to City Council to bring this program back. Mr. Roth then withdrew his motion and agreed that it should be put on next month's agenda as a recommendation to City Council. It was the general consensus of the commissioners that this matter be brought up on next month's agenda. Mr. Hughan asked Ms. Frazier if the Power Point presentation will be available somewhere so that the public can look at it. She said she would post it. Mr. Roth stated he would like to see it also. Mr. Qizilbash asked regarding the last meeting where there were two large sub- divisions from Dr. Brooks that were addressed. He opined that that matter should be in the hands of Code Enforcement because the appearance of the property as it now exists presents a bad visual. Ms. Bosworth stated that matter has already been brought before the Special Magistrate in 2019. There was a formal order, and they are accruing PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 4 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 $100.00 a day until the sub -division is finished. It is an open Code Enforcement case until it is abated, which is going to be the recording of the final plat. (MR. ROTH THEN RECOGNIZED THAT THE CITY ATTORNEY HAD APPEARED AT THE MEETING.) XII. Citv Attornev Matters -- None XIII. Staff Matters Ms. Bosworth stated about a week after the quasi-judicial hearing on the special use for the Caliber Car Wash, the applicant withdrew their application. So it is not proceeding to City Council, and they will look for another location. Mr. Roth announced that that finishes items VIII through XIII, and the meeting will resume with item VI. VI. Local Planninq Aqencv (LPA) Public Hearings A. LPA Legislative Public Hearing -- Recommendation to City Council -- City of Sebastian Comprehensive Plan 2040 -- New Element: Private Property Rights -- Element 10 Mr. Anon read the item into the record, and Mr. Roth called on staff to make their presentation. Ms. Frazier stated that the State Legislature passed in June 2021 that all local governments are required to add a new element called the "Private Property Rights Element." Staff has added Element 10, and staff could not proceed with adoption of any changes to the City's Comprehensive Plan such as the future land use map that is before the Commissioners this evening, until this element is also adopted. This element will be sent along with whatever future land use maps the commissioners and City Council want to transmit to DEO. She reviewed what is contained in Florida Statute 163.3177(6)(i). She then called for questions/comments from the commissioners. Mr. Qizilbash -- asked why in the statute is says "optional" in the heading. Ms. Frazier explained that this means we can use these words or use something else. Most of the municipalities are using this language. Mr. Roth -- asked if what the Commission will be forwarding on to City Council is Exhibit A that is attached to the Private Property Rights Element. Ms. Frazier said yes. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 5 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 Mr. Roth then called for anyone from the public who wished to speak on this matter. Seeing no one in chambers and hearing no one on Zoom who wished to speak, Mr. Roth closed public input on this item and called for any deliberations from the Commissioners. There being none, Mr. Roth called for a motion. A motion recommending to City Council that they adopt the Private Property Rights Element, Exhibit A., into the City's Comprehensive Plan was made by Ms. Kautenburg and seconded by Mr. Qizilbash. Roll Call: Mr. Roth -- Yes Mr. Alvarez -- Yes Mr. Qizilbash -- Yes Mr. Simmons -- Yes Vote was 7-0 in favor. Motion carries. Mr. Hughan -- Yes Mr. Carter -- Yes Ms. Kautenburg -- Yes 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 Mr. Anon read the item into the record, and Mr. Roth called on staff to make their presentation. Ms. Frazier placed a map onto the screen and pointed out where these parcels are located. She reviewed what is proposed for these parcels is a mixture of attainable and multi -family apartments as well as some commercial parcels on US 1. She also explained what mixed use is comprised of. Staff feels that this plan meets the consistency criteria of the Comprehensive Plan. She then called for questions/comments on this matter. Mr. Qizilbash -- asked if the parcel which is already in the City is the only one pertaining to mixed use. Ms. Frazier explained all the 29.5 acres are going to change to mixed use -- the parcels in the City and the parcel in the County are going to change to mixed use. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 6 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 Mr. Christino -- asked if there is any intention for that property other than residential. Ms. Frazier stated the applicant has shared with staff that their intent is to have some attainable apartments in an apartment complex and then have outparcels of commercial. Staff then recommended that they request a mixed -use designation. The applicant will come in later to change their zoning to whatever is appropriate. Mr. Roth -- asked if each part of the parcel will require a site plan that is something similar to that in order to move forward. Ms. Frazier stated that is correct. Mr. Simmons -- inquired if the plan is to provide 12 units per acre for the apartments. Ms. Frazier stated that is the applicant's desire, and in the mixed use they are allowed, with incentives, go up to 12 units per acre. Whether they end up being able to get 12 units per acre all depends on their site plan. There being no further questions/comments from the commissioners, Mr. Roth called for public input. There being no one in chambers who wished to speak and no one on Zoom who wished to speak, Mr. Roth asked if there was any further deliberation by the commissioners on this matter. There being none, Mr. Roth called for a motion. A motion approving Item VI B, the LPA public hearing recommendation to City Council of the 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 was made by Mr. Roth. Ms. Frazier requested that a statement to the effect that this plan is consistent with the Comprehensive Plan be added to the motions. Mr. Roth amended his motion to have the wording "consistent with the Comprehensive Plan as recommended by the LPA" contained in his motion, and Mr. Simmons seconded the motion with the addition of the language regarding the motion being consistent with the Comprehensive Plan. Roll Call Mr. Roth -- Yes Mr. Carter -- Yes Mr. Qizilbash -- Yes Mr. Simmons -- Yes Mr. Alvarez -- Yes Ms. Kautenburg -- Yes Mr. Hughan -- Yes Vote was 7-0 in favor. Motion carries. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 7 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 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 Mr. Roth stated that a request has been made to have this item tabled, along with Item VII-A, and called on staff to provide the background on this item. Ms. Frazier explained that these two items are being requested to be tabled until the December 2"d, 2021 meeting. Unfortunately, the newspaper did not publish this particular public hearing notification for the Marine Resources Council properties. Thus, this item cannot be addressed at this meeting, and it will have to be tabled until the December 2"d, 2021 meeting after the newspaper ad has been properly placed. That is the only reason for the request. Mr. Roth called for a motion on this item. A motion that Item VI-C be tabled until the December 2nd meeting due to the lack of appropriate publication was made by Ms. Kautenburg and seconded by Mr. Hughan. Roll Call Ms. Kautenburg -- Yes Mr. Simmons -- Yes Mr. Hughan -- Yes Mr. Qizilbash -- Yes Mr. Carter -- Yes Mr. Alvarez -- Yes Mr. Roth -- Yes Vote was 7-0 in Favor. Motion Carries. D. LPA -- Legislative Public Hearing -- Recommendation to City Council -- Comprehensive Plan Future Land Use Amendment -- Fischer 991h 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/I Commercial/Industrial Land Use to City (GC) General Commercial Land Use Mr. Anon read the item into the record, and Mr. Roth called on staff to make their presentation. Ms. Frazier pointed out the area on the map that is the subject of this application. She stated that Dr. Fischer has requested annexation of this 1.47-acre parcel into the City. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 8 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 As part of his request, he is requesting changing the future land use from County Commercial/Industrial to City Industrial land use. His plan is to basically maintain the use as it is today, which supports the mining activity and the industrial activity in that area. There are no plans at this time, but staff feels that it is compatible and consistent with the Comprehensive Plan. If it is consumed as part of a larger residential area, this particular use could still be for outside storage or parking or civic uses, etc. She called for questions/comments from the commissioners. Mr. Roth -- questioned if this property is bounded by any street or road. Ms. Frazier stated this property's access is through the Vickers Grove Mine property, and it has been verified that any type of use on it would have to show access to the Industrial Park Boulevard road or be a part of a larger development, which it is today. Mr. Qizilbash -- asked if presently this property is land -locked. Ms. Frazier stated it is, and the Vickers Grove is part of the City. It is a shared use for the Vickers Grove Mine, and it will continue to be so. Mr. Christino -- asked if there is an easement that has to be abandoned. Ms. Frazier said there is an easement around the property, and the applicant's attorney is here if you want to get more information regarding that. It is not a right-of-way easement. It is not a utility easement. It is just an easement around two sides of the property, and Attorney warren DIII has submitted a letter explaining this, which is included in this evening's agenda packet. There being no further questions/comments from the Commissioners, Mr. Roth called for public input on this project. Mr. Warren Dill, Sebastian -- Mr. Dill identified himself as the attorney for Dr. Fischer. Regarding the easement issue, in preparing this application he did a title search and discovered that there was a question about two 12-foot strips of land, one on the north which is contiguous with Dr. Fischer's property where the sand mine is. The other one is on the western side. It says that they are two 12-foot strips of land reserved for future roads. He has filed an application with the County for the County to vacate any interest that they might have in those two strips. They have already assured him that they do not have any interest in them. They will be in the near future moving to vacate those strips to the extent they have any interest in them. All the utilities have indicated they have no objection. Mr. Dill feels confident that the County commissioners will move to vacate any interest they have. That should be done within the next 30 days. He added that the City staff has reviewed this, and their opinion is that it is compliant with the Comprehensive Plan, and they recommend that you recommend to City Council that PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 9 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 they approve this land use change. There being no one else from the chambers and no one on Zoom who wished to speak, Mr. Roth closed public input on this agenda item. There being no further deliberations by the commissioners, Mr. Roth called for a motion on this item. A motion that the commissioners recommend to City Council -- Comprehensive Plan Future Land Use Amendment -- Fischer 99t' 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/I -- Commercial/Industrial Land Use to City (IN) Industrial Land Use, this land use change being consistent with the Comprehensive Plan, was made by Ms. Kautenburg and seconded by Mr. Qizilbash. Roll Call Mr. Roth -- Yes Mr. Simmons -- Yes Ms. Kautenburg -- Yes Mr. Carter -- Yes Vote was 7-0 in favor. Motion carries. Mr. Qizilbash -- Yes Mr. Hughan -- Yes Mr. Alvarez -- Yes E. LPA -- Legislative Public Hearing -- Recommendation to City Council -- Comprehensive Plan Future Land Use Amendment -- Fischer US 19 -- 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/I Commercial/Industrial Land Use to City (GC) General Commercial Land Use Mr. Anon read the item into the record, and Mr. Roth called on staff to make their presentation. Ms. Frazier pointed out on the map the parcel that is the subject of this application. The applicant has requested that the property be changed from the County Commercial/Industrial to the City (GC) General Commercial Land Use. Staff believes that this is in compliance with the long-range plans of the City. It is consistent with the Comprehensive Plan, and recommends approval. Mr. Roth called for public input from anyone in chambers or on Zoom who would like to speak on this item. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 10 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 Mr. Warren Dill -- Mr. Dill identified himself and stated he represents Dr. Fischer on this application. There is a very thorough and professional staff report that has been submitted. The property is on US 1. It is currently in the County with a Commercial/Industrial classification. Dr. Fischer is proposing to bring it into the City with a General Commercial (GC) classification, which would restrict a number of the uses that can be put on the property presently under the County zoning. There are no immediate plans to develop the property. He asked for questions from the Commissioners. Mr. Christino -- stated that Dr. Fischer already has. a trade center north of Schumann Drive and asked if this would be something similar. Mr. Dill stated he does not know right now. There being no further public input, Mr. Roth closed public input on this item and asked if the Commissioners have any further deliberation/questions on this item. Hearing none, Mr. Roth called for a Motion. A motion on Item VI E, 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/I — Commercial/Industrial Land Use to City (GC) General Commercial Land Use, which is consistent with the City's Comprehensive Plan, was made by Mr. Qizilbash and seconded by Mr. Carter. Roll Call Mr. Qizilbash -- Yes Mr. Roth -- Yes Mr. Simmons -- Yes Mr. Carter -- Yes Vote was 7-0 in favor. Motion passes. Mr. Hughan -- Yes Ms. Kautenburg -- Yes Mr. Alvarez -- Yes 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. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 11 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 Mr. Anon read the item into the record, and Mr. Roth called on staff to make their presentation. Ms. Frazier stated this is the Cross Creek Estates addition in the southern part of the City. It is surrounded on three sides by City property. There is a request by Dr. Fischer for an annexation of this property. The request includes changing the classification from County — R (Rural) designation to the very low -density residential designation, which is compatible with the adjacent Cross Creek Lake Estates development. The applicant does not have a proposed site plan for the subject property at this time. However, he has represented that this property, as well as the 20 acres adjacent to the east, are proposed to become part of the existing platted development. This will become an extension of the Cross Creek Lake Estates development. The land use element states that the VLD-R shall be comprised of primarily single-family, detached homes on individual lots. Staff believes that this is consistent with the Comprehensive Plan and supports a recommendation of approval to City Council. Mr. Roth called for public input from anyone in chambers or on Zoom who would like to speak on this item. Mr. Warren Dill identified himself and stated that he represents Dr. Fischer with this land use plan change. He requested that after other members of the public speak, he be allowed to come back up and speak to any of the items brought up by other members of the public. He reminded everyone that the purpose of this item tonight is to address the land use plan. There are no development plans coming before the commissioners tonight. In the future there will be a public hearing when the sub -division plat comes before the commissioners, and the public will have another opportunity to have input. This property is currently in the County and currently has a classification of Rural, which is one unit per acre. The County is presently planning to change this in the future to a designation of three units per acre. This property is surrounded on three sides by the City. This will be the final and last phase of the Cross Creek Estates development. There is already preliminary plat approval for the parcel next to this one which is approximately 25 acres. However, Dr. Fischer was able to acquire this property after he had preliminary plat approval on the other property. Dr. Fischer is wanting to put in a second main entrance. There are two emergency access points presently and one main entrance. There will be a second main entrance with gates on the west side of this property. Dr. Fischer is working with the City to get a site plan approved for additional boat parking, which will allow for many more spaces. The staff has reviewed this project carefully and concluded that it is consistent with the Comprehensive Plan. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 12 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 Mr. Christino stated that he looked at this, and it looks like there is a way out for the second exit now that is much easier than the one that was discussed going onto Shakespeare. Mr. Dill stated that will be completely closed once this property is developed. Dr. Jeff Carrier, Sebastian, stated that he has some concerns about this development. He lives on Lanfair, adjacent to the proposed development. He appreciates staff for looking at the low -density impact that this development will have with a maximum of three dwelling units per acre, and the proposed development coming in at three or perhaps two units. He referred to page 160 of tonight's attachment. There is some reference to annexing an additional 20 acres to this 19.58 acres that is proposed in this item. That will come at another time, perhaps, if the developers wish to do that. Taken together, this additional 40 acres provides an impact that might not be immediately apparent in the review of this tonight. Ingress and egress from this area is a concern because the adjacent property owners because, unless Dr. Fischer acquires land a little bit to the south where they can actually get ingress and egress to CR 510, this might be a potential issue. If that is the case, it has the potential to direct traffic into a very small, developed area where the streets are very short and curved. He has a concern that, as this particular development is undertaken, eventually construction vehicles will be used. This is not a neighborhood that was designed for that type of flow through. Furthermore, within the document there is an indication that there might be an extension of Shakespeare all the way to intersect with CR 510. Shakespeare is a one-way street that is a single lane, and the infrastructure is such and the easements are such that it is unlikely that that road could be expanded. If the development goes to its full 40 acres and if these roads are constructed, he has other concerns that biologists would have. He stated he is actually on the Natural Resources Board, and that Board is looking at the low -impact development and development that is consistent with the Comprehensive Plan that says we will take into consideration environmental concerns. There is a small amount of wetland in this area and some native vegetation in this area that is very sensitive. He suggested that his comments are more preemptive than anything else. He stated his group will be back here when this plat plan is finally developed and when these projects are brought forward to City Council. They at least wanted to raise these issues if in fact you are going to approve this. His group applauds the low density. They also have concerns about ingress and egress because, by approving this, traffic patterns and engineering studies will have to be done, and there are going to be considerable concerns in the future. He states that if the Commission's attention is drawn to those now and you are kept aware of these as development proceeds in this particular area, his group would like to have the Commissioners keep those in mind. His group will follow this as it progresses. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 13 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 Michael Roth, Sebastian, lives on Memorial, and Memorial is adjacent to Shakespeare, which is adjacent to the old fish farm which is the property that is being discussed. He stated that several years ago when this development started, they wanted to cut roads to his neighborhood. At that time, the City turned Dr. Fischer down. He was told by Dr. Fischer's son that this wasn't the last of it ... he was going to get his roads through. He hopes that is not the case now. He lives in a very quiet neighborhood. Shakespeare is one way. That was not a problem because there were not that many people living back there. He stated his neighbors and he understand there is going to be development, and they know they are not going to stop that. The neighbors would like to see the development have a low -density classification and the ingress and egress stick to Powerline Road and stay off all the little side streets. He added that, if this is going to be a gated community, that is going to be an entrance to the community. Those people are going to be able to go through and then exit the community to Powerline Road, but the neighbors will not be able to go through there. Ms. Frazier explained that the right-of-way that would be given would be for public access. The right-of-way that is being proposed would be a public right-of-way, so the neighbors would have access. Mr. Roth stated that the residents of the community were promised many things when the original development was done. That did not happen to be the case. Chairman Roth said this project does need to come back here for a final site plan approval, and those things will be considered. The commissioners are well aware of Shakespeare and the problem on that. Amy Speak, Sebastian, resides at 441 Memorial. She and other neighbors want the low density, but they have significant additional concerns. She feels that if there is a gate installed to access the neighborhood, which is going to have a huge impact on the neighborhood. They need to figure out a way to purchase more property or get access to go another way. There are potentially 70 houses that may be built. That means much more traffic up and down two small roads potentially every day. Presently, they do not get that many in a month other than the people who live back there. She really wants the commissioners to think about the future impact that it would have on those who have lived back there for many years. She stated there are several species of wildlife, and she is concerned regarding the impact that this development will have on them. She is not saying don't do the neighborhood; she is just saying do the neighborhood right where it is not causing a disruption to the neighbors' peace. Mr. Warren Dill, attorney for the applicant, stated that he understands the concerns that the residents have. His applicant has in the past done his best to accommodate the neighbors. It is a physical impossibility for the applicant to access Powerline Road. He cannot go through Cross Creek and put another entrance in, as there are homes all along there. This is the only means of ingress and egress to this property. There will PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 14 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 be as low a density as possible. The comments of the residents are good comments, but they are not relevant to the land use application. Mr. Roth closed the public input and called on the commissioners for any further comments/questions. Mr. Christino -- stated that when the Commission originally approved the plats the exit off of Shakespeare basically was for an emergency. The City codes require that these be 400 feet apart. Ms. Frazier said that is correct. Mr. Christino stated he did not think that the emergency entrance was sufficient for an emergency vehicle to make the turn. He stated that there should be an alternative to that entrance in case of a hurricane, fire, etc. Ms. Frazier pointed out this 19.58 acres is coming in as an annexation as part of the already existing 25 acres to the east, and that is all that is under consideration this evening. Mr. Roth -- said that the other entrance/exit cannot be just for an emergency. It has got to be another regular entrance/exit. Somewhere it has to be provided for and, if it cannot be, it will have to be dealt with further. Mr. Roth called for a motion on this item. A motion recommending approval to City Council of the comprehensive plan future land use amendment, Cross Creek Addition by 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, which is consistent with the City's Comprehensive Plan, was made by Mr. Roth and seconded by Mr. Alvarez. Roll Call Mr. Hughan -- Yes Mr. Qizilbash -- Yes Ms. Kautenburg -- Yes Mr. Roth -- Yes Vote was 7-0 in favor. Motion carries. Mr. Simmons -- Yes Mr. Alvarez -- Yes Mr. Carter -- Yes Mr. Roth closed the LPA section of this evening's meeting and reopened the Planning and Zoning Commission section of the meeting. 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, PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 15 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 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. Ms. Frazier stated that staff is requesting that this item be tabled for a time certain to the December 2nd, 2021 Planning and Zoning Commission meeting due to the inadvertent lack of public notice in the newspaper. It will be readvertised so that it can be on the agenda for December 2nd Mr. Roth called for a motion to table this item. A motion tabling Item 7A, MRC Conservation Parcels, Marine Resources Council, Applicant, subject parcels being 7.88 acres, more or less, requesting change from City (RS-10) Residential Single Family to City (C), conservation, till the December 2nd, 2021 Planning and Zoning meeting was made by Mr. Roth and seconded by Ms. Kautenburg. • 911f Mr. Roth -- Yes Mr. Simmons -- Yes Ms. Kautenburg -- Yes Mr. Carter -- Yes Vote was 7-0 in favor. Motion carries. Mr. Qizilbash -- Yes Mr. Hughan -- Yes Mr. Alvarez -- Yes B. P&Z Quasi -Judicial Hearing -- Recommendation to City Council -- Land Development Code Rezoning Amendment for a specific site -- Fischer 99t" 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 Mr. Anon read the item into the record. Mr. Roth asked if any of the Commissioners have had any ex parte communications on this item. Mr. Alverez stated he will excuse himself from this item, as he has had some ex parte communication as well as having some financial connection to this project. Ms. Bosworth stated there is a special form that he will need to sign, on which he will need to disclose his connection with this project. (AT THIS TIME MR. ALVAREZ LEFT THE DIAS AND EXITED THE CHAMBERS.) Ms. Bosworth stated that Mr. Christino as the alternate will be voting in place of Mr. Alvarez on this matter. All those who would give PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 16 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 testimony on this matter were sworn in. Mr. Roth called on the applicant to speak on this matter. Mr. warren Dill, attorney for the applicant, stated the commissioners have been presented a very thorough staff report. The use as was mentioned before is going from County IL to City IN, which is an industrial classification that is consistent with all the property surrounding it, including Dr. Fischer's property contiguous on the north side. He asked for questions or comments. There were none. Mr. Roth called on staff to make their presentation. Ms. Frazier reviewed that this is a straightforward request. Should it be annexed into the City, the applicant is requesting a change from County Light Industrial to City Industrial. This is consistent with the current uses of the property. According to the industrial district zoning requirements, the 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. Standards are in place to reduce impacts on adjacent residential districts such as screening and buffering requirements should that come about. The sites surrounding this are currently operating as industrial. Staff is recommending this change and feels that it is consistent with the Land Development Code and supports a recommendation for approval to City Council from the Planning and Zoning Commission. Mr. Roth called for questions/comments from the Commission members. Mr. Christino -- asked if there will be any screening requirements for this parcel. Ms. Frazier stated that at this point there would not be because it is going to continue its current use, which is industrial. Mr. Christino commented that in the future this could potentially be an access to a residential area. There will need to be screening at that point. Ms. Frazier pointed out that the performance standards for industrial adjacent to a residential development would come into play. There being nothing further from the commissioners, Mr. Roth called for public input from anyone in chambers or on Zoom. There being none, Mr. Roth closed the public input. He stated that the applicant now has an opportunity to respond to any issues raised by the public or by staff. Mr. Dill stated he had no comments. There being no further deliberation from the commissioners, Mr. Roth called for a motion. A motion approving the recommendation to City Council of the rezoning amendment for a specific site -- Fischer 99t' Street, Henry A. Fischer applicant, Section 20, Township 31 South, Range 39 east -- subject parcel being 1.47 acres, more or less -- request is PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 17 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 for a change from County (IL) to City (IN) Industrial, said designation being consistent with the Land Development Code of the City, was made by Mr. Christino and seconded by Mr. Carter. Roll Call Mr. Qizilbash -- Yes Mr. Roth -- Yes Mr. Simmons -- Yes Mr. Carter -- Yes Vote was 7-0 in favor. Motion passes. Mr. Hughan -- Yes Ms. Kautenburg -- Yes Mr. Christino (a) -- Yes 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 -- Subject Parcel is 6.17 Acres, More or Less -- Request is for a change from County (CL) Commercial Limited to City (CG) Commercial General Mr. Anon read the item into the record. Mr. Roth asked if any Commissioners have had an ex parte communications on Item 7-C. All stated they had none. Mr. Roth called on the applicant to make their presentation. Mr. Warren Dill, attorney for the applicant, stated he concurs with the professional staff report there is available on this item. Mr. Roth called on staff to present their findings. Ms. Frazier stated the 6.17 acres are located along US Highway 1. The current zoning is in the County for Commercial Limited, and they are requesting a change to Commercial General within the City should this property be annexed into the City. CG is to accommodate general retail sales and services, highway -oriented sales and services, and other general commercial activity. This designation is generally located in highly accessible areas adjacent to major arterials, and this designation is consistent with the long-range plans of the City. Staff recommends approval for this request and finds it consistent with the Land Development Code of the City. Mr. Roth called for questions/comments from the commissioners to the applicant and the staff. There being none, Mr. Roth called for anyone from the public who wished to PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 18 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 speak on this matter. Mr. Warren Dill, attorney for the applicant stated that he has nothing to add and said he would be happy to answer any further questions. There being no one else present in chambers or on Zoom who wished to speak, Mr. Roth closed the public input section on this item. (AT THIS POINT, MR. ALVAREZ REJOINED THE MEETING AND TOOK HIS PLACE AS A REGULAR VOTING MEMBER OF THE COMMISSION.) There being nothing further from the staff and there being no further deliberation of the commissioners, Mr. Roth called for a motion. A motion approving the 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 - subject parcel being 6.17 acres, more or less -- request is for a change from County (CL) Commercial Limited to City (CG) Commercial General -- said designation being consistent with the Land Development Code -- was made by Mr. Alvarez and seconded by Mr. Qizilbash. Roll Call Mr. Hughan -- Yes Mr. Qizilbash -- Yes Ms. Kautenburg -- Yes Mr. Roth -- Yes Vote was 7-0 in favor. Motion passes. Mr. Simmons -- Yes Mr. Alvarez -- Yes Mr. Carter -- Yes D. 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 Mr. Anon read the item into the record. Mr. Roth asked if any commissioners have had any ex parte communications on Item 7-C. There being none, Mr. Roth called on the applicant to make their presentation. Mr. Warren Dill, attorney for the applicant, stated he concurs with the professional staff report that is available on this item and that the project is consistent with the RS zoning PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PAGE 19 MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 around the property, including within Cross Creek and including next door in the Highlands. The applicant will do his best to reduce the impacts of this project. He thanked everyone this evening for their time and patience. Mr. Roth called for staff to present their findings and analysis on this item. Ms. Frazier stated that the rezoning request before the commissioners this evening is from County A-1 to City RS-10, Residential Single Family which is compatible with the existing adjacent Cross Creek Lake Estates development. All of the zoning surrounding this property except to the south is RS-10. A potential right-of-way alignment to CR-510 is being proposed. This road right-of-way will be a public road right-of-way. It is essential to provide access to CR-510 and provide alternative safety routes to residents within the Highland neighborhood during evacuations and other emergency actions. Staff stated it is consistent with the City's Land Development Code and supports a recommendation of approval to City Council. Mr. Roth called for questions of the applicant or staff by the Commissioners. Ms. Kautenburg -- Regarding bringing this property into the City, it was being brought in as zoning classification VLD, Very Low Density, and now it is being called RS-10. She asked whether those two are the same classification. Ms. Frazier stated no, the VLD is only for the land use. The RS-10 is due to the rezoning. Mr. Roth -- Regarding the fact that there are wetlands on this property, there is a need to make sure that that this is addressed properly, with regard to a second entrance/exit. Hearing nothing further from the commissioners, Mr. Roth called on anyone from the public either in chambers or on Zoom who wished to speak. There being no one, Mr. Roth asked for additional input from the applicant. Mr. Dill had nothing further to add. There being nothing further from the commissioners or staff, Mr. Roth called for a motion. A motion approving the recommendation to City Council of Land Development Rezoning Amendment for a specific site -- Cross Creek Addition -- Henry A. Fischer, applicant, Section 31, Township 39 South, Range 30 East -- subject parcel being 19.58 acres, more or less -- request is for a change from County Agriculture 1 to City (RS-10) Residential Single Family -- said designation being consistent with the Land Development Code -- was made by Ms. Kautenburg and seconded by Mr. Simmons. PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OF REGULAR MEETING OF NOVEMBER 4, 2021 Roll Call Mr. Roth -- Yes Mr. Simmons -- Yes Ms. Kautenburg Mr. Carter -- Yes Vote was 7-0 in favor. Motion carries. XIV. Adiourn Mr. Qizilbash -- Yes Mr. Hughan -- Yes Mr. Alvarez -- Yes There being no further, the meeting was adjourned by Mr. Roth at 8:35 p.m. Date: jg PAGE 20 FORMA 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MEIUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS uwwmrr~-- 1aa--+waoa E1111k cE i. LJA Me1- A c2,-t � UNUMADURM !�e 7.,�J f4 A) DOE ON Wi= VOTE 0 AJ,> r�OF AuncMM.ottcaaurnm THESDARD.CCL9MOOMMZBSOLAUTHDRffYCRCOMNVMCN VACM1 SLUE ISAUPOTOP. OO�tMICCALAGENCY gOCOUNTY ;,).=.P0UT1rAL6L*0N0ft • O E ECTM -KOMM a WHO MUST FILE FORM 813 This farm Is for use by any person seining at dw may, city. or Oder tacat tevet of gav+emmerd an an appoNed or etectod board, cowM, oorrmnissfon. a dvorfty. or corror MmL It applies to members of advisory and ran-adhrisory bodies who are prmsenied wb a voft oonflct of fateved under Section 112.3143, Florida Stabdit Your mq rWbiliifes under the law when faced wfth votirhg on a measure In wtdch you have a cwMd of irdersst wfU vary Woodsy depending on whether you hold an electkre or appoindive posfilon. For Ids reason, please pay dose aftendo, to the instructions on this town begm completing and Mhtg the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.31439 FLORIDA STATUTES A person hording elective or appoladve cou*. municipal. or other local publo office MUST ABSTAIN from voting on a meaure which would Inum to his n essuro �d � b ph or loss of dian a govern q;er y y whorn he or do b robbed (bxAaft the Patent, wAold ary. or sibs organs Jon of a priradpal by which he or she Is reWne* to the spimbl private goln oor�Ew= of a rolaft ort* the special pd abe gain or km of a business . C i i wit , N.618. C0 ilm6 0f0cmMt0*y p�rd (CRAO) uaf Sea 163.356 or 163.35T. F.8., and often of htdependent spedaf tans dMrhb an a cne =% one,vote basis are not prohWed from vaftng In that copadty. For Purposes of this law. a "dive' fthides ordy the ofifcWs father, aroiitr, son. daughter. husband, wife, broom, slsbK fatherdn.taw. Dowd w, sWAMIaw, avid dancgltbe 4Waw. A tolness.,;.ate' means any Person or w ttY engaged In or carrying on a bushtess wft prise with the otiWor as a pat w, joint vent m. ooawner of property. or oorpomb dauethdder (where the doom of the wMadon are not Usted on any national or mgbW stock coal wwn ELECTED OFFICERS: In addidon to abstaining from voting In the aftw*ns desadnd dove. you must the oontft PRIOR TO THE VOTE BEING TAKEN by RN* stating to tits sesembly the nstum of your interest In the measure an which you are abstsinfng from vottng: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by compteft and ift this form with the person respondble for recording the minutes of the meeft. who sttodd incorporate fhe form In the nftdes. APPOINTED OFFICERS: Although you must abstain froth voting In ft- SNOtions described above, you are mat prohfblted by Seaton 112.3143 from othewAse etbM In these nun A A However, you mast a the naft= of the cwd t before making any alWW to Influence tte derision. whether oraay or In writing and whwher made by you or at ymtr dhecdon. IF YOU WMND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must can fro and file thds tort (before nhatdrrg any amempt to bditterme the dedsion) wOh tie person rasponsbie fbr ring the minutes of to nt eft who wgt Incorporate the form in the crtinukas. (ConWhued on page 2) CE FORM e5 - EFF 10=3 PAGE 1 Adopted by eoie- in ce In Mule 34-7.010(ift F.A.C. APPOINTED oFI�cERs (, • A aW of the form nwst be provided intmedW* to the osier membem ofthe agency. • The bm awst be rend publicly at the next rneeft aft the foam Is Wed. IF YOU MAKE NO ATTBAPTTO INFLUENCE THE DECISION EXCEPT BY OiSCIiSSIONATTHE MEETING: • You must disclose orally Ow nature of yourcorct In the measure before pard cip affgig • You nuotamplete the Conn acid f1e ft wtft 15 days after the vote occurs withthe person arepansbe for reowft ttte nrinutas of the nuetbtg, who must bmporate the form In 0te n*nrt & Acoµy ofthe farm must be provided Inunedlateiy to the o0m members of the agency. mW the form owd be read put * at the need meeffrig after die farm is O d. DISCLOSE! O LOCAL OFFICER'S INTEREST �,17'. 4 t_,) A rt.e.-L— A : by disclose that on /i D y 20 ?- (a)A measure come orwffl came before my agency chid~ (check an or more) Inured to my special private oWn or ions: inured to the special gain or toss of my budness ate, .,_ Inured to the spedat gala or loss of my releftve, Inured to the spedat gab or loss of , by wham 1 am retained, or btr rad to lire special gain or lass of , which Is the pwW admidlary, or slbF tg rya !:V. a Soil or wry of a ~ W'tft ho m18b-sed Otte. (b) The nmsme before my agency and the mbure of my coring liderest In the measure is as foliowm % �! A. /t G If disclosure of spWfle lnbnrMm would violate corttEderratiatity or pdvMp pursuant to law or nrtes goveming afbameys. a public officer, who is also an aftmy, may comfy with the disdbstme sign qulnasntentts of thts section by dt clostng the nah ne of the btfer" in such a %W as to provide the public whh raft of the caricL Data stnatiffe� NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY RROUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. narnuAAND. OR A CIVIL PENALTY NOTTO EXCEED $10.000. CE FORM 68 - EFF.10 013 FADE 2 Ad0pWdbyWftWW in Rule 34-7A10(1 XQ. FA.C. On Y S HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency November 4 2021 December 2, 2021 ITEM 6-.C,. 7.A.1 LPA Legislative Public Hearing — 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 Zoning 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) c. Site Characteristics (1) Total Acreage: 7.88 acres (2) Current Land Use(s): Conservation 6. Comprehensive Plan Consistencv 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 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 12/02/2021 PREPARED BY DATE 2 a Permit Application No. .#1 _R.Mh City of Sebastian C.M.MDevelopment Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: Marine Resources Council of East Florida, Inc. Address: 3275 Dixic Highway NE, Palm Bay, FI.32905 Phone Number: ( 32 I) 725-7775 FAX Number: E-Mail: t ;aity(g)nrcirl.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): I B. Site Information Address: 9140 861h Ave. Vero Beach, FL 32967 Lot• Block• Unit Subdivision• 13 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 Family - Improved (0100) C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarvl: �11tt: prul�r�scs this parcel he rezoned from residential to conservation as part of the City adopted tit. Sebastian River Greenway. 'Phis designation is mandated by MRC`s contract and DATE RECEIVED: / / FEE PAID: $ RECEIVED BY: D. Proiect Personnel: Agent: Name: Address Phone Number E-Mail: I Attorney: Name: Address Phone Number. ( ) E-Mail: Engineer: Name: I Address Phone Number: ( ) E-Mail: Surveyor: Name: Address Phone Number: ( ) E-Mail: Permit Application No. . _ FAX Number: ( ) FAX Number: I FAX Number: ( ) FAX Number: ( I, ` { r < ( Stc L 111 , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER _ I V TEAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS TH SUBJECT MATTER OF THIS ,DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE D BELIEF. DATE' / SWORN TO AND SUBSCRIBED BEFORE ME BY, WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION. THIS:4 ,DAY OF N .-_ k- , 2021 NOTARY'S SIGNATURE (_ _ �_ .A ' PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION _(= f JAA 42 W R I� lL i y SEAL: NOWY Pubk Shh GI FIpIOa Jessica A Dnlb / EMy Cfff" W GG 209434 a. we' EON 02WI2023 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, X— 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. 1/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. T IS WAIVER AND CONSENT I. BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, R PRO IS E, BY PLOYEE, AGENT, CONTRACTOR OR OFFICIAL F THE C% OF SEBASTIAN. e - ATURE DA Sworn to and subscribed before me by 1%" " (hr who is pe nal a iQ�e or produced as idenfification, this 25 day of k ..,. -i 20,-I Notary's Signature Printed Name of Notary Commission No./Expiration Seal. YA 3.0 a 1 r11 ao� c Notary Public SWO or Florida Jessica A Davis +� My Conmlealon GG 299434 +gyp, Expires 0200712023 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 ,IPLICANT d� ��� A WLEDGME-0Jfi DAp � Permit Application No Supplemental information IiOMfOFOf11CANKU� 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: 3.95 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. The proposed changes support policies and objectives of Goal 5.1 Protection and Conservation ol`Natural Resources. There are no ewected imuacts on other elements of the 11an 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 elan. 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 not been land use changes that are relevant to the proposed aniendment. 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 rezoning will ensure that MRC can continue to manage the land as a natural habitat as required by the Florida Conimunilies Trust PWBUM 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 Tttrrting Scient:e into At-tion �"_'-'51 W,, I lwy NE, Nim Bay, rL339n5 . (121) i2F-7 75 • N'N'N'.SziVl•'Th�IRI-ury;. - _ ....., 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 p 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. Parcelid 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 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 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. .na City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Marine Resources Council of East Florida, Inc. Address: 3273 Dixie I iighway NF, Palm Bay, FL 321905 Phone Number: ( 321) 725-7775 FAX Number: E-Mail: Laity(gimrcirl.org Owner (If different from applicant) Name: Address: Phone Number: ( ) - FAX Number: { ) - E-Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES 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. Vero Beach, FI. 32967 Lot: Block: Unit: Subdivision: 13 Seb His unit 13 (140022.54) Indian River County Parcel #: 31382600001000400005.0 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): NIRC proposes this parcel be rezoned from residential to conservation as part of the City adopled tit. Sebastian River Greenway. 'Phis designation is mandated by MRC's contract and iAaAagun t IN;=.. with Lnitaos Tru"_I. DATE RECEIVED: / / FEE PAID: $ RECEIVED BY: ( D. Proiect Personnel: Agent: Name: Address Phone Number E-Mail: Attorney: Name: Address Phone Number: ( ) E-Mail: Engineer: Name: Address Phone Number: ( ) E-Mail: Surveyor: Name: Address Phone Number: E-Mail: FAX Number: ( FAX Number. ( FAX Number: ( FAX Number: ( Permit Application No. I, 1. t 54 �1 , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ZI AM THE OWNER I 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS \ ACCURATI AtjD TRUE TAND AT ALji&B THE T OF INFORMATION. MAPSAN, DATA D BET EF ND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ob S/a IGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY _je Y>; e'. bo 'S WHO IS PERQNAI ty KNr1NIN To uE OR PRODUCED AS IDENTIFICATION, THIS ' tL DAY OF AJa.,4 V // , 202.L. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY �sS. @_ r . S COMMISSION NO./EXPIRATION cc. 44, tl SY I ] H 19n .7 L SEAL NWry Public Stab of Florida Jessica A Davis ONONA a E+pim O22/0 023 262a3a 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. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE CIUASI JUDICUIL 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 IS DE, BY ANY MPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE ITY OF SEBASTIAN. BSI TURE DATE Sworn to and subscribed before me by J21,51 Cn who is personal) known to me or produced as iden 1 IcaUon, this rti day of //f .}.,�> , 20.2j_. Notary's Signature h..11li� Printed Name of Notary le i ra A DA"' Commission No./Expiration Cr,1g4k3v _ _a��i an23 Seal: Nosey Pudic Sets or Flnlaa Jessica A Davis ♦ 4W EWw0200712uaafon� 299431 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. NOWLEDG T DATE / Permit Application No. ,A., $ Supplemental Information 11010OrWMAN&A" 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: 3.93 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. Hic piupused changes support policies and objectives of Goal 5.1 inflection and Conservation of Natural Resources. There are no exvected imnacts on ether elements or the plan or City ordinance%. 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Ycs, thcrc are no conflicts of the proposed amendment with ether elements cif 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 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 rezoning will ensure that MRC can continue to manage the land as a natural habitat 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 Turning Science into Action I)i<iv Ik, Nli, Palm Bay, FI-329n5 •(121)i25-n5. N-ww.Savc9'hcIR I.,+rg 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, ) 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. Parcelid 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 OwnerCityStZlp 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, 01/20/2006 12:41 PM DOC STAMPS D $7910.00 m :J M n 0 m 93 m C m o F y tl Z :5 ct R o d :3 N m REC.FEE:$120.50 DOC.STAMPS:$7,910.00 �of 1 #12780 & #12780a This Instrument Prepared By: EXlafir31T Cli£ Turner Security Title of Indian River, Inc. 3710 - 20" Street Vero Beach, Florida 32960 WARRANTY DEED THIS INDENTURE, made this 29th day of December, A.D. 2005, between Wayne Lawrence, a single adult, of the County of Indian River in the State of Florida, grantor, and to Marine Resources Council of East Florida, Inc., a non-profit Florida Corporation, whose post office address is 3275 Dixie HWY. NE, Palm Bay, FL 32905, grantee, (Wherever used herein the terms "grantor') and "grantee" include all the parties to this instrument and their heirs, legal representatives, successors and assigns. ^Grantor" and °grantee" are used for singular and plural, as the context requires and the use of any gender 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 -namvi 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: SIGNA OFF RST S� William C. Turner (PRINTED, TYPED OR STAMPED NAME OF FIRST WITNESS) PRINTS b/ v ha- ED R S ra- 4 NAME OF SECOND WITNESS) STATE OF Florida COUNTY OF Indian River BY� Wayne LawrenL4 w0NE (.Etc (PRINTED, TYPED OR S OF GRANTOR) (PRINTED, TYPED/ OR STAMPEI? A )9RESS OF GRANTOR) V-49 3a9� The foregoing instrument was acknowledged before me this 29th day of December 2005, by Wayne Lawrence. He is personally known to me or who has produced Drivers License as identification ��✓_ (NOTARY PUBLIC) C(��(/p SEAL (SSGNATURE OF N6c; PUBLIC) William C. Turner (PRINTED, TYPED OR STAMPED NAME OF NOTARY PUBLIC) Commission No.: My Commission Expires: i11512.Q0 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 dowmast prepared by: Chnstme K Cosby Florida Commit Trust Departm�ant of sty Affairs 2555 Shumard Oak Blvd. Tatlshassoey FL 32399 FLORmA COADAUNITIES TRUST FF3 AWARD # 03-044-FF3 St. Sebastian River Greenway FCT Contract# o! • e., . s,•, ...?- vV GRANT AWARD JOkGRFYIJWWIh j THIS AGREEMENT is entered into this A day of?gg& BIZ, 20059 by and between the FLORIDA COMWUNITIFIS TRUST ("FCT"),, a nonreg story agency within the State of Florida Department of Cow Affairs, and MARINz RESOURCES COUNCII. OF EAST FMRIDA, INCH, a nonprofit eavir0 al o-g,ism ad ("Recipient'), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, described, and the lauds acquired with such proc cads and as desabeil in Flit "A" attached hereto and made a part hereof ("Project Site"), as shall be nevessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement pravisioas of Chaps 259.103, 259.1051, and 390, Florida Statutes. V�VHEREAS, Part III Chapter 380, Florida Statutes, the Florida Comes Trust Act, creates a nogregulatory agency within the Department of Community Affairs,, which will assist local governments in bringing into compliance and imp the conservation, . l io vt Mon and open space, and coastal elements of their comprehensive plans or m conserving natural resourves and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Comnsrrities Trust Aids WHEREAS, Section 259.105(3xc), F.S., of the Florida Forever Act provides for the distribution of twenty- two p ;. f. (220A) less certain reductions of the net Florida Foram Revenue Bond proceeds to the Department to provide land acquisition grants to local governments and nanpr4A envirnm Ieatal v " ns through the FCT for 0+oquisi1 ian of W„ r-b sed p n*cts, urban open spaces, natural resource conservation areas, parks, and outdoor recreation areas to im�pletrueat local %amufmcutaw V plansl . the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is erc+cluded from the gross income of Bondholders for federal income tax purposes; Rule Chapter 9K-7, Florida Adminisbadw Code (F.AC.), aUthoriaes FCT to GAA103494-FF3 12M2005 impose conditions for fimdiog on those FCT app icxnnts whose proj,. is have been selected for fwxdi% in accordance with Rule Chapter 9K-7, F.A.C.; WHMAS, the FCT has approved the terns 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 375.0511, 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 Improvement Trust Fund upon the figure 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 die 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 A,v 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 receipt and sufficiency of which is hereby acknowledged, FCT and Recipient do hereby contract and agree as follows: L GOOMAL CONDITIONS 1. Upon execartion 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 County, Florida, and referenced in the warranty deed vesting fee simple title to the Project Site in the Recipient, and in such and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in comrection 2. The Recipient and FCT agree that the State ofFlorida Department of Envirormrenl Protection will EL rward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendnnent is required to this Agreement so that the tax exempt status of the Florida Forever Bonds is not jeopardized, FCT and Recent shall amend the �. M ...ent accordingly. 3. This Agreement may be amended at any tinge. Any amendment must be set forth in a written instrument and agreed to by both the Recipient and FCT. 4. This & and the covenants and remictions contained herein shall run with the Property herein descri1nd and shall bind, and the benefits, shall inure to, 6047 dy, the FCT and the GAAW-044-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 registered 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 aq)eMed delivery services or upon actual receipt if sent by registered mail. FCT: Florida Comities Trust Department of Community Affairs 2555 Shumard Oak Blvd. TalZahtssse_ FL 32399-2100 ATTN: Program Manager Recipient: Marine Resources Council -of East Florida, Inc. 3275 Dbde Ifighway 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. II. PROJECT SITE REQUEREWNTS E IPOSED BY CHAPTER 2599 CHAP &iLR 3759 AND CHAP & Aa. 380, PART M FLORIDA STA Y 04 tmis 1. If any essential team or condition of this grant are 1 is violated by the Recipient or by some third party with the lamowledge 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 Truce of the Internal Trust Fund The FCT shall treat such property in accordance with Section 380.508(4xel Florida Statutes. 2. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreemea with the tranX;.. ,, � containing such covenants, clauses, or other restrictions as are sufficient to protect the interest 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 apprcn,i o the transaction. GAA1034M-FF3 12J1/2005 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 government or naf*rofit organization which 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 timeog is taken by any governmental body through the exercise or the threat of the exercise of the power of emin � : x domain, the Recipient shalt 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 mamma' as is consiwith the Agreement. The FCT shall make any such insuuano proceeds or condemation 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, reps or restoration of the Project Site alter notice from 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 defauh he Notwithstanding any of the foregaio t FCT will have the right to seek speafic performance of any of the covenants and restrictions of this Agreem ... t the constsuc ion and operation of the Project Site. DL PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON T' I RECIPIENT 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and .historical resources and for passive, natural resource4msed public outdoor .�6, „;,ton which it; COmpstr'ble with the conservation, protection and enhancement of the purpose Project Site, along with other related uses neces.4ary for the accomplishment of this. The proposed uses for the Project Site are speccally 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 demon assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor ; :,.►. lion uses as appropriate. If an amendment to the Recipi „4,,. fs oomph plan is required to comply with this paragraph, the amendmt shall be proposed at the next comprehensive plan samendment cycle available to the Recipient. 4. Recipient shall ensure, and provide evidence thereofto FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulationsy including zoning ordinances and the adopted and approved Jmsive plan for the jurisdiiation 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. S. The Recipion 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 duly 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 structures, b . improvements, signs, vegetation removal or land eherations will not adversely impact the natural resources of the Project Site. The approval by FCT of the Recipient's management plan addressing 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 prohited unless prior written authorization has been obtained fi the Department of State, Division of ITis�oricai Resources. 9. The Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, natural resource -based public outdoor tonal site in all signs, literature and advertising regarding the Project Site. The Recipient shall erect a sign(s) id ' ' the Project Site as being open to the public and as having been putdhased with fimds from FCT and Recipient. IV. OBLIGATIONS INCURRED BY RIDL i r xAXT AS A RESULT OF BOND PROCEEDS BEING U 0 TO PURCHASE THE PROJECT SITE 1. If the Project Site is to remain subject, after its acquisition by the State and the Recipient, to any of the below listed activities or '...b � wak the Recipien shall provide at least 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to FCT such 1 6 ation with respect thereto as FCT sonft requests in order to evaluate the legal and tax consequences of such activity or interest: a. any lease of any interest in the Project Site to a non -governmental person or organization; b. the operation of any concession on the Project Site to a non -governmental person or organization; GAA1034044-FF3 12/ 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 organization; d. any use of the Project Site by non -governmental persons other than in such person's capacity as a member of the public; e. a managemEent contract of the Project Site with a nongovernmental person or organization; and f. such other activity or interest as may be specified from time to tune in writing by FCT to the Recipient. 2. Recipient agrees and acknowledges that the following events, and ciraunstances may not be permitted on the Project Site as they may have negative legal and tau conse+queaces under Florida law and federal hwome tax law: a. a sale of the Project Site or a lease ofthe Project Site to a non-governnufflW person or organization; b. the operation of a concession on the Project Site by a non -governmental person or orltaniioa; C. a We ofthiags 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 cxpected at the date of the issuance of any series of bonds from which the disbursement is to be made; e. any use of the Project Site by non-6 mum � . Ea., I persons other than in such persons capacity as a member of the , ; ,;,: :,1 public, £ a maaagenrent contract of the Project Site with a nongovernmental person or organization; and g. such other ac 4 or interest as may be specified from time to time in writing by FCT to the Recipient. DELEGATIONS AND CONTRACTUAL ARRANdOMqTS BET'VVFEN TIE REtYriwqT AND OTFM GO AL BODIES, NOT FOR PROFIT Fir Y i i =S, OR NON GO AL PERSONS FOR USE OR mAxACAmENT OF THE PROJECT SITE WILL IN NO WAY REU EVE THE REt it ii�N'T OF THE RFSPONSi U TY TO ENSUItE THAT TIC GAA103-044-FF3 12/ 2005 6 COMMONS BoIPOSED HEREIN ON TIE PROJECT SITE AS A RESULT OF UTILIZING BOND PROt,="S TO. ACQUIRE THE PROJECT STTE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V. CONDITIONS THAT ARE PARiLit v o AR TO THE PROJECT SITE AS A RESULT 'OF THE FCT APPROVED MANAGEN"A a PLAN l . Two or more resource4ased outdoor recreational flicififies, including a wildlife observation platform and nature trails shall be provided. The fhalities shall be designed and located with minimal impact to natural resource on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall admowledge 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 prograanming shall be established on the Project Site. 6. A biological inventory of the natural con u1nities 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 7. The natural connmunities that occur on the Project Site shall be preserved and appropriately managed to ensure the long -team viability of these communities. 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 potentially utle the site. The development of the M-uagement Plan shall be coordinated with the Florida Fish and Wildlife Conservation Commission=s Office of Enviromnental Services to ensure the pion 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 imp] a plan to improve water quality in the area including ceasing agricailtural activities. 8. Any proposed stormwater facility for the Project Site shall be designed to provide � w. ":zonal GAA103-044-FF3 12/1/2005 7 open space or wildlife 9. Areas around the nature center, parking areas and along the road right-of-ways shsU be landscaped with native plant species to provide wildlife habitat and enhance the fimcdon and appearance of the Project Site. 10. The degraded upland and disturbed wetlands shall be restored to a natural community in terms ofhiological composition and ecological fimction. 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 p , 41M 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 CouncWs List of Florida's Most Invasive Species to assist in identifying, invasive exotics on the Project Site. 12. A feral antral removal program shell be developed and' as necessary, for dogs, cats, ducks, hogs, and other non -naive wildlife that may be found on the Project Site. 13. Management of the Project Site shell be coordinated with the land managers of other conservation and preservation lands in the project area, including the Florida Department of FatvironmaemW 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 6o 6 y j . J � � � w, zement of proposed development activities in that area. AU planned activities involving known archaeological sites or identified stte areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. A protection plan shall be developed and implemented in conjunction with the Division of Wiistoric 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 waikways and bicycle fscalities that link the Project Site with adjacent residential neighborhoods. Bike parking stands shall be installed at the Project Site to provide an alb to automobile transportation to the Project Site. 16. The devet.,pm w.J-t and management of the Project Site shall be coordinated with the agencies manag,ing the bike trail and St. Sebastian River Buffer Preserve, to ensure the Project Site is nn--named 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. CLAA\03-044-FF3 12/lt 05 8 18. Proposed site improvements shall be designed and located to 'minimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 19. The requirements unposed by other grant program holds that may be sought for activities associated with the Project Site shall not conflict with the terms and conditions of this As, at. ;0. 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, resources, background, qualifications, and competence to manage the Project Site in perpetuity in a reasonable and professional manner. This Agreement including FacbtM W embodies the pwi' P. agreement between the parties. IN WITNESS WI[EREOF, the parties hereto have duly executed this A„ .ament. Witness: Print Name: Print Nance: STATE OF FLORIDA MARME RESOURCES COUNCIL OF EAST , pro Norma co ration i By: David Botto, Board Chairman Approved as to Form and Legality: By. Print Name: COUNTY OF MAN RIVER Afr The fategair6i ' v was admoW1pd before me this $ day of J�tt 0*%....bc.4 2005, by David Botto, Board Chairman of the Marine Resources Council of East Florida, Inc., on behalf of the corporation, and who is pe:^sonally known to me. •"" • Kri�ttns Gray woo MY COMMUM 0 DD214872 E)�lMS May A 2007 b0MM7FIRII TROY FASN SNSWt M W— GA.A1034044-FF3 12/1/2005 9 Notary Public Q Print Name: Commission No. My Commission Expires: r I :ttt. FLO COr�xtju&S TRUST By: KumbaH e, Director, Division of Housing and Community Development Date: % Z. • Z.Z. • o:r Appro to.form and : By: 04 �( , Christine Ni Cosby, Trust Co STATE OF FLORIDA COUNTY OF LEON The fo o instrwas acknowledged before me this day of h� , m$ �B ument 20039 by KimbaD Level Director, Division of Housing and n Y Development. S personally known to me. N blic pfintNam Commission No. My Commission GAA103-044-FF3 12/l/2005 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 an a SEBASTtA HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission A1ovember 4, 2021 December 2, 2021 ITEM 7:Pe 8.A.1 P&Z Quasi -Judicial Hearina — 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 Acreaoe: 2) Current Land Use(s): 3) Current Zonina: 4) Adiacent Prooerties 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. 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 Comaatibility: 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 12/02/2021 PREPARED BY DATE 2 Permit Application No City of Sebastian xnrLa.axwisuuu Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) (Jame Marine Resources Council of East Florida, Inc. Address3275 Dixie Highway NE Phone Number: ( )321-725-7775 FAX Number: ( ) E-Mad Caity@mrcirl.org Owner (if different from applicant) Name Address Phone Number ( ) FAX Number: ( y E-Mail Title of permit or action requested: PLEASL COMPLE 1 L 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 SHAI I BE INCLUDED ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM, A. Project Name (if applicable): I B. Site Information Address 9140 86th Ave. Vero Beach, FL 32967 Lot' Block: Unit: 13 Subdivision: Seb His unitl3 (140022.54) Indian River County Parcel #: 31382600001000400004.0 Zoning Classification RS-10 Future Land Use: Conservation Existing Use Single Family - Improved (0100) Proposed Use: Conservation C. Detalied 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 Dart of the Citv adoqted St Sebastian River Greenway This designation is mandated by MRC's contract and management plan with the Florida Communities Trust DATE RECEIVED: _/_/, FEE PAID: $ RECEIVED BY: Permit Application No D. Project Personnel: 1 Agent: f Name: ' Address Phone Number. ( ) FAX Number: ( ) I E-Mail: Attorney: Name. } Address Phone Number ( ) Ilj FAX Number ( ) E-Mail: Engineer: Name Address Phone Number ( ) FAX Number: ( ) E-Mail. Surveyor: _ L_ Name Address , Phone Number. ( ) FAX Number: ( ) E-Mail: 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 APPLI(:Ail , AND TIIAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATEND TRUE E BEST OF Y KNOWLEDGE AND BELIEF. SIGNATURE DATE r SWORN TO AND SUBSCRIBED BEFORE ME BY Jl�f.. ti IAAJ•S WHP IS; Y eNrn �t!A lrn I,.c OR PRODUCED AS IDENTIFICATION. THIS �O-�DAY OF Q✓t...>+' , 20�. NOTARY'S SIGNATURE PRI14TED NAMF OF NOTARY COMMISSION NO./EXPIRATION Ats@V 34 a 111 .lc a � SEAL y NouryPudic Sub crfblidaEom �2029 Z6W34 Permit Application No The following Is required for all comprehensive plan amendments, zoning amendments (Including rezoning), sift plans, condltlonal use permits, special use permits, variances, exceptions, and appeals. I/WE, kC [HE 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 BOAR U/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNEC 1ION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IANE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCFEDINGS. RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED. OR PROMISES M Y ANY EMPL EE, AGENT, CONTRACTOR OR OFFICIAL OF TyE CITY Op SEBASTIAN. � �Sf�a-1 ;$1 TORE DATE Sworn to and subscribed before me by . V 44,,.rt% W 0.. who is personally known to me or produced as identification, this aSA, day of A, . f,._F 20�. Notary's Signature IL J ti Printed Name of Notary c el IN Th V: Commission No./Expiration C, , a4N43y LEW .9l-t 1-3n)_z Seal Nobry Public Stab R Fbnda Jessica A Davb J My Commlaabn GG ppdyt e 6Wirae a?/07ROI7 Permit Application No. _ °m` Supplemental Information Rezoning Request ATTACH ADDITIONAL. PAGES IF NECESSARY. HOME OF PELICAN ISLAND t 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 Greenwav The proposed rezoning is consistent with manv of the policies 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 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 Desionahons 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 nrntenfin_Q this parnal as. rpncprvation 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 fnritittg Science into Action ...... - 122v r)nio Wv,•r NE, Palm Bar, Pi 42005 . (121)725-7775 ..vw,-.5avvTh0R1 org 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 ti 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 Permit Applicatinn No as City of Sebastian Rorer or rusarawm Development Order Application Applicant (if not owner, written authorization (no tan%zedI from owner is required) Name Marine Resources Council of East Florida, Inc. Address: 3275 Dixie Highway NE Phone Number ( )321-725-7775 FAX Number: ( ) E-Mail Caity@rnrcirl.org I Owner (If different from applicant) ) Name Address Phone Number ( ) FAX Number: ( ) E-Mail j 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 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALT BF INCI UDEO 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 umt13 (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 oTcooses ims cereal be rezoned from residential to conservation as can of the Citv add St Sebastian River GreenwaV This designation is mandated by MRC's contract and management plan with the FloridalCommunities Trust. DATE RECEIVED: / / FEE PAID: $ RECEIVED BY: Permit Application No D. Project Personnel: Agent: Name Address Phone Number ( ) FAX Number: ( ) 1 E-Mail. f L Attorney: f� Ij Name fAddress 1 Phone Number I ) FAX Number: ( ) E-Mail 1 Engineer: ; Name: Address Phone Number. { ) FAX Number: { E-Mail 1 Surveyor: - Name; 1I Address 1 Phone Number ( ) FAX Number: ( ) E-Mail C 1 BEING FIRST DULY SWORN, DEPOSE AND SAY THAT; I AM THE OWNER _ I AM THE I EGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS TH�UBJECT MATTER OF THIS MAPS, DATA ACCURATE N NTXUTTIiLL T TEOF MY KNATOWLEDNDIOR SKETCHES PROVIDED IN THIS APPLICATION ARE GE AND BELIEF. NATURE DATE SWORN 10 AND SUBSCRIBED BEFORE ME BY Yr4, CA Nk,. I vVI 10 IS PERSONALLY KNO'yC,T�.�O ME OR PRODUCED ASIDENTIFICATION, THIS it. -DAY OF �•d•-,� / .20_ZL. NUI ARYLS SIGNATURE �/� /� l /\ — ..I -PRINTED NAMF OF NOTARY /v, S COMMISSION NO /Ex PIRATION C C_�Y•34 SIiAL hoary Pudic State ar FkV Jessica A Davie qp'Mr �om�uermi GG 200,134 E,4 02r0)r2023 Permit Application No The following In required for all comprehenalve plan amendments, zoning amandmsnts (including rezoning), site plans, condlllonai use permits, special use permits, variances, excepttiona, and appals. IME. �__ 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. ME HEREBY WAIVE ANY OBJECTION OR DEFENSE ME MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESUL TING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY L,LAIM 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 VVVAIVERAW CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR ROMISES BY A EMPL EE, AGENT, CONTRACTOR OR OFFICIAL OF TH CITY 9� SEBASTIAN. Jli 7 87; 1 ATURE DATE Sworn to and subscribed before me by, �.fh.r.. (2w.S who is person known Tome or produced as identification, this 14L day of A-i- —1- 2021_ Notary's Signature I r�,11 .V� Printed Name of Notary Commission No/Expiration Seal Won, Public Stet of Fb rWe Jessica A Davis L My Cowie" n GG 299134 p«� Eq+llee 07NT12023 Permit Application No. _ "SEASA "" Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. HOME OF PELICAN ISLAND 0 1 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 Rivet Greenwav The rimnosed re;nnino is consistent with manv of the nolines 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. I he proposed rezoning is to 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 Desionetions 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 Turning Science into Action -- I )NIv I Iwv NC, Palm Rae, FI- 12905 • (121)725-7—/75 . w•ww.SavVFheIRl .ory, 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 g 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, 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