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HomeMy WebLinkAbout11011995 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE 589-5330 cl FAX (407) 589-5570 (407) AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER l, 1995 7:00 P.M. OR SOON THEREAFTER (FOLLOWING 6:30 P.M. WORKSHOP) CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE iNSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit of ten minutes per spealrer (R-95-33) t. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - No One Available 4. ROLL CALL AGE.lb*DA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 95.084 PGS 1-11 OUASI-JU-DiCIAL HEARING Procedures for Quasi-Judicial Hearings as Follows ('In accordance with R-95-39): Mayor Opens Hearing-Outlines Rules Clerk Administers Oath Disclosure of Ex-Parte Communication Staff Presentation Applicant Presentation. 15 Minutes inquiry of Applicant Proponents' Testimony - 3 Minutes or 10 Minutes f Representmg 5 or More Inquiry of Proponents Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Opponents Informational Testimony- 3 Minutes or 10 Minutes if Representing 5 or More Closing of Public Informational Period Staff Response and Summary - I 0 Minutes Applicant's Rebuttal Presentation - ! 0 Minutes Board and Staff Inquiry ORDINANCE NO. O~9..5,15 - Amending CLUP - Tract F, Unit 17, Sebastian Highlands - 3 Acres (Director of Community Development Transmittal 10/23/95, O-95-15, Application, P & Z Recommendation 4/7/95, Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENSIVE LAND USE PLAN MAP; CHANGING TRACT F IN SEBASTIAN HIGHLANDS UNIT 17 IN THE CITY OF SEBASTIAN, CONTAINING APPROXIMATELY THREE ACRES, MORE OR LESS FROM INS (INSTITUTIONAL) TO LDR (LOW DENSITY RESIDENTIAL); AMENDING ORDINANCE NO. O- 91-17; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst PH Advertised 6/5/95, 1st Reading and 1st PH 6/14/95, Transmitted to DCA, Letters Sent 10/17/95, 2nd PH Advertised Legal Notices 10/18/95, PH and Final Adoption 11/1/95) 2 95.084 PGS 13-22 95.092 PGS 23-32 Bo ORDINANCE NO. O-95-16 - Rezonmg Tract F, Unit 17, Sebastian Highlands - 3 Acres (Director of Community Development Transmittal 10/23/95, O-95-16, Application, P & Z Recommendation 4/7/95, Map) AN ORDINANCE OF THE CITY OF SEBASTLAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO KEZON1NG; KEZONING CERTAIN PROPERTY DESCRIBED AS TRACT F, SEBASTIAN HIGHLANDS UNIT 17 ACCORDING TO TILE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 46, FROM PS (PUBLIC SERVICE) TO RS-10 (SINGLE FAMILY RESIDENTIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT F3ZREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Letters Sent 10/17/95, 1st Reading 10/11/95, PH Advertised Legal Notices 10/18/95, PH and Final Adoption 11/1/95) OKDINPuNCE NO. 0-95-17 - Amending CLUP - Fischer - .584 Acres - U.S. 1 and Old Dixie Highway (Director of Community Development Transmittal 10/23/95, O-95-17, Application, P & Z Recommendation 4/21/95, Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENSIVE LAND USE PLAN MAP; CHANGING THE LAND USE DESIGNATION IN THE CITY OF SEBASTIAN, ON CERTAIN PROPERTY CONTAINING APPROXIMATELY .584 ACRES, MORE OR LESS FROM COR (COlVflMERC~ OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); AMENDING ORDINANCE 0-91-17; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst PH Advertised 6/20/95, 1st Reading and 1st PH 6/28/95, Transmitted to DCA, Letters Sent 10/17/95, 2nd PH Advertised Legal Notices 10/18/95, PH and Final Adoption 11/1/95) 95.092 PGS 33-42 95.041/ 94.196 95.195 PGS 43-50 10. 11. 12. ORDINANCE NO. Ov95-1 ~ - Rezomng - Fischer - .584 Acres - U.S. 1 and Old Dixie Highway (Director of Community Development Transmittal 10/23/95, 0-95-t7, Application, P & Z Recommendation 4/21/95, Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDLA2q RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF .584 ACRES, MORE OR LESS, LYING WEST OF U.S. HIGHWAY 1 AND SOUTH OF OLD DIXIE HIGHWAY, FROM COR (COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVEKABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/11/95, Letters Sent 10/17/95, Advertised Legal Notices 10/18/95, PH and Final Adoption 11/1/95) CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. ho Greiner, Inc. - Airport Runway 4-22 Engineering - Supplemental Agreement No. 2 - Postponed from 10/25/95 (Backup Forthcoming) Waiver of Bid - State Contract Price - Police Department - Three Computers - Compaq - $6,621.00 Total (Chief of Police Transmittal 10/20/95, Letter from FDLE 8/11/95, Quotes) PRESENTATIONS - None COMMITTEE REPORTSLREC OMM~NDATIONS OLD BUSINESS - None NEW BUSINESS - None 13. INTRODUCTION OF NEW BUSINESS FROM THE. PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 14. CITY_COUNCIL MATTERS A. Mayor Arthur Firtion B. Vice Mayor Carolyn Corum C. Mrs. Louise Cartwright D. Mrs. Norma Damp E. Mr. Raymond Halloran 15. C...[TY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. ADJOURaN' ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY TttE CITY COUNCIL grlTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WiLL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSUR~ THAT A VERBA72M RECORD OF TttE PROCEF_~INGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. olo6 F.S.) IN COMPLIANCE WiTH THE AMERICANS WiTH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT rJ~,tST 48 HOURS IN ADVANCE OF THIS MF~TING. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: SECOND READING, PUBLIC ~EARING AND FINAL ACTION ON ORDINANCE 0-95-i5 LAND USE AMENDMENT FOR TRACT F IN SEBASTIAN HIGHLANDS UNIT 17 FROM INS TO LDR " Approved For Sub~ttai By: City Manager '"~./.~'/' I Agenda Number: Dep5. Origin: Community Develooment Date Submitted: 10/23/95 For Agenda Of: 11/01/95 Exhibits: 1. Ordinance 0-95-15 2. Application for Land Use Change 3. Planning & Zoning recommendation dated 4/7/95 4. Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Application has been made by the Sebastian Church regarding Tract F, Sebastian Highlands Unit 17 to change the land use designation from iNS (Institutional) to LDR (Low Density Residential) and to change the zoning from PS (Public Service) to RS-10 (Single Family Residential). At their regular meeting of April 6, 1995, the Planning and Zoning Commission held a public hearing and reviewed the applications for compliance with Sections 20A-tl.6C and 20A-11.8C of the Land Development Code. The Commission's recommendation for approval is attached. At the regular meeting of April 26, 1995, City Council reviewed the requests, directed the City Attorney to draft the appropriate ordinances, and set the first public hearing for the land use amendment. The first reading and public hearing for Ordinance 0-95-15, the land use amendment, was conducted by City Council on June 14, 1995 and approved for transmittal to the Department of Community Affairs. DCA has returned our transmittal of this land use amendment and advise~'~ staff that state law has changed and no longer requires their review for amendments under 10 acres. Therefore, City Council may proceed with the adoption of both the land use and zoning amendments. Page 2 RE.OMMENDED .ACTION Hold public hearing on Ordinance 0-95-15 (land use ,~mendmenU>. adop~ Ordinance 0-95-15. ?]ove .%/~ ORDINANCE OF ~ CITY OF SEBAST!-~N, I.N-D!AN RIVER COtINTY, FLORIDA, AM_ENDING THE COMPREHENSI~ ~ USE P~ .~ THE COMPREHENSI~ L~ USE P~ ~P; C~GING T~CT F IN SEBASTI~ EIGHL~S ~iT 17 I~ THE CITY 0F SEBASTI~, CO~AZ~ING APPROXI~TELY ~REE ACRES, ~ORE OR LESS FROM INS (iNSTI~IONAL) TO LDR (LOW DENSITY PROVIDING FOR REPE~ 0F O~IN~CES OR P.~TS OF ORDIN~C~S IN CO~LICT HER~ITH; PROVIDING FOR ~ SERVILITY; ~ PROVIDING FOR ~ EFFECTI~ DATE. ~ER~S, ~he owner of said parcel of proper~y has racuested uhe City Zo change ~he !and use from INS (insuizu~iona!} ~o LDR (Low Density Residenuia!); and ~ER~S, 5he CiU~F Council cf ~he City of Sebasuian, Florida, has considered ~he crizeria idenuified in Secuion 20A-!!.8(C) of ~he Land Deve!opmen~ Code ~cgeuher wi~h Uhe recommended findings and recommendations of i~s suaff and ~!anninq and Zoning Commission; and ~ER~S, ~he Ciuy Council has made Zhe following findings: A. The proposed use is consissenU with ~he o~her eiemenus of zhe Comprehensive Land Use Plan. B. The proposed use is subsuantive retirements of ~he Cizy cf SebasZian Code of Ordinances, particularly ~he Land Deve!opmenZ Code. C. The !and use and deve!oumenZ condiuions a___c~= "~g Uhis parcel have changed since the effaczive daue of mhe exisuing ra~!aUions. The increased urbanization cf ~he Ci~v -~ ~-~ cf ~his properuy has resu!~ed in such changed condisicn The proposed use is compa~ibie with adjacenm land E. Ade~uaua public facilimies and services exism in :he Ciny :o serve the proposed use and :he demand for such use will non exceed the capaciUy for such services and faci!imies. F. The proposed change in use 'will ncc resu!~ in any sicnificann~ . adverse impacts on the natural _..~=-onment=~ ~. G. The proposed use will non adversely affecm nhe propermy values in 5he area, or ~he ge~al hea!mh, safemy and welfare of ~he City or have an adverse imuacn cn 5he financial resources of ~he City. ~. The proposed use will resu!~ in an orderly and local deve!oument paZmern. I. The proposed use is in ~he public interest of the cisizens of ~he City, of ~esas~_an.~ ~ '~ ~OW, THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF %JHE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. COMPRE,=/ENSIVE PLA/~ .~4EArDMENT. Tha~ the real proper~y described as Tract F, SEBASTI.~ HiGHLA=NDS Unic 17, a subdivision according =c ~he plat ~hereof as recorded in P!aU Book 8, Page 46, of ~he Public Records of indian River County, Florida is hereby ~=~ ~ ~'=' zns~_~.~cn=.) co LDR (Low Dens!fy .... =ss,zz_e from iNS (- -~- ~; -~ ' Residential) and Ordinance 0-91-i7 of the Ci=y of Sebasmian is amended accordingly. Section 2. ~AP .~ENDMENT. is hereb, v amended to faf!eon this chanqe in !and use c!assifica~icn. The offic~ =: ~:y Land Use HaD Section 3. NOTIF!~%T!ON. Than uhe C~ny =nell send a c copy cf chis Comprehensive Land Use Plan MaD iesignazion .change nc 5he Deeartmen5 of Ccmmuniny Affairs of ~he Stane of Florida. Section ~. CONFLICT. Al! ordinances or oarts of ordinances ~ conrad~. herewith are hereby reeeaied. Section 5. SElr~RABILIT¥. %n ~he evenn a ccur~ of ccmpenenn ~urisdicticn shall hold or determine 5hen any oarz of Ordinance is invalid or unconstizuziona!, 5he remainder of Or!inance shall nc~ be affected and in shall be presumed City Council of cae City of Sebastian did non intend tc enac~ such invalid er unconstitutional orcvision, it shall further be assumed nhan ~he City Council would have enacted 5he remainder of chis Ordinance without said invalid and uncons~inu~iona! provision, ~hereby causin? said remainder ~o remain in full force and effecc. Section 6. EFFECTI~ZE DAT~. This Ordinance shall become effective ~mmedianely upon i~s adcp~icn~ PASSED BY THE CiTY COUNCIL OF THE C!~£ OF SEBASTIAN, FLORIDA, ON ! ./ F~_~ST ~EADr~G, 'TX=$ DAY OF x. ~.~ .~ , L995. PASSED ~ ~OPTED BY THE CITY CODICIL OF THiS CiTY OF SEBASTiSz~, FLORIDA, ON SECOND ;~ FiN~ R~ZNG, Ti{KS DAY OF , L995. The foregoing Csunci!member by Cauncilmember i~o a vo~e, Ordinance was ~he vote 'was as follows: mcved for adcoUlcn by 'The mouion was seccnded and, upon being put Mayer Arthur L. Firticn Vice Mayor Carsivn Corum Ccunciimember Ncrma j. Damp Ccunci!member Ray Ka!!cran Ccuncilmember Leu!se R. Carswrighu The Mayor thereupon declared 5his Ordinance duly passed and adopted this day of , 1995. ~~~,.~r~v OF SEBASTi~N, FLORIDA ATTEST: By: Arzhur L. Firuion, Mayor Kanh~£n M. O'Ha!ioran, CMC/AAE Approved as to ~orm and Clifzon A. McCle!!and, Jr. Cisy Attorney i i I I i i i I I I I i i I I i I I APPLICATION FOR AMENDMENT OF ~AND USE DESIGNATION CITY OF SEBASTIAN PLANNING AND.~ZONI-NG DEPARTMENT 1225 MAiN STREET, SEBASTIAN,. FLORIDA ~-- -.~--~..~.~.. TELEP}{ONE: 589-5330 ' ' This 'application must be..compl~ed- nd~meturned, with ali. enclosures' referred to her~in, to 't~'~P''~''' ~ ...~.n~ng and Zoning' Board~ec~~7 one week before' the.2schedUled meeting. This apDlicati.~n will ~hen be referred to-the Planning and s~ ~SCZZVES: [ /;~'~-?~ ~ ~AT~ ACC~PTED~ ADDRESS: EX-T-STING LAND USE DESIGNATION: PS REqUeSTED L^ND USE D~.S~SN^'~'~ON: R, 6-~O ACRES TO BE REDES~GNATED: ~ ~ :~., TIIE FOLLOWING ATTACHMENT SIIALL ACCOMPANY' THE APPLICATION: l) ~ Zf the property in question ~s not-~.owned by the a notarized AfFidavid of Ownership.'.,~must accompany L<..':~' - ''7lq%=i'l l ~he application giving the consent:;-af each owner ?'-~'.:~. .... llljjL'll' tO the applicant ~o a~piy for a.. Land use change. ~ ....-.._ ~ 2 .~ A copy of the owner'~ deed mus~ accompany each copy of ~-' 3 M/)r' A certified survey of the area, i'~'""'nOl: platted. 4 ~ The legal description of the parcel(s) proposed to be changed .... 5 _~_ A drawiag or map showing the zoning' classifications of all parcels of adjacent !and within 300 feet of ~he subjec~ property. '. WAIVER AND CONSENT ~~ the owner(s) of the property located at , ~stian, Indian River County, Florida, (the "Property"), hereby authorize each and every member of the Board/CommisSion of the City of Sebastian (the "Board"/"Commission") to physically enter upon the property and view the Property in connection with my/our pending (the ,'Proceeding"). I/Wa.. hereby waive any objection or defense I/we may have, due to the quasi-judicial nature of the proceeding, 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~u~ voluntarily and not as a result of any coercion applied, or promises madef by any employee, agent, contractor or official of the City of Sebastian. Dated this ~ day of .... SWORN to and subscribed before me this /~ day of No t~a~ Public My Commission Expires: (2) 6) 7~ less ~han 5 acres 5 - 100 acres ~? $225.00 more than i00 acres $500.00 $750.00 The undersigned understands that this application mus~ be com~!ete and accurate before consideration by the ~!anning and Zoning 8oard of the City of Sebastian. DEP6SE, AND gAT THA~: ..... ' f AM THE OWNER AM THE LEGAL ~ESPRESENTAT!VE OF THE OWNER OF THE ~ROPERTY QSSCRIBED WIIICI.! IS THE SUSJECT MATTER OF THIS APPLICATION, THAT ALL TIIE ANSWERS TO THE QUESTIONS ~N SAID APPLICATION AND ALL SKETCIIES AND DATA AND MATTER ATTACHED TO AND MADE A ~ART' OF SAID APPLICATION ARE IIONEST AND TRUE TO THE SEST OF MY KNOWLEDGE AND BELLEF. SIGNATURE Names and addresses of surrounding property owners within 300 f t of the boundary lines. A check, money order or cash in the amount .of made payable to the City of Sebastian. FSE SC mDUL SWORN TO AND SUBSCRIBED BEFORE ME, ?HIS ~AY OF '~P-F' NOTARY: ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPLICATION CONFERENCE TIIROUGI{ TIlE PLANNING AND ZONING STAFF SECRETARY PRIOR TO THE APPLICATION TO 2ESOLVE OR AVOID PROBLEMS CONNECTED WrTII. THE PROPOSAL. City of Sebastian 1225 MAIN STREET = SE:;RASTIAN, FLORIOA 329S8 TF__L~PHONE (4.07) 589-5330 a FAX (4.07) .589-5570 MEMORANDUM gATE: TO: FROM: REFERENCE: April 7, 1995 Mayor, City Council Dorri Boswor%h, Secreta~/~,,'~ Planning and Zoning Commission Proposed Zoning and Land Use Change kt its regular meeting of April 6, 1995, the Planning and Zoning Commission passed a motion to recommend to City Council to approve a Zoning change from PS (Public Service) to RS-10 (Single-Family Residential), and a Land Use change from INS (Institutional) to LDR (Low Density Residential) for Tract F of Sebastian Highlands Unit 17. The applicant is the Sebastian Christian Church. The proposed change in zoning and land use will allow for possible future sales of property, which in turn will be used to fund their new church. TRACT LIMITS C1-1~y I ILIITS City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 SUBJECT: PUBLIC HEARING AND FINAL ACTION REGARDING ORDINANCE 0-95-16 REZONING TRACT F IN SEBASTIAN gIGHLANDS UNIT L? FROM PS TO RS-10 Appr'~ved For Submittal By: Agenda Number: Dept. Origin: Community Deveiooment Date Submitted: 10/23/95 (B,~~L~'/~ For Agenda Of: 11/01/95 Exhibits: I. Ordinance 0-95-16 2. Application for Zoning Change 3. Planning & Zoning recommendation dated 4/7/95 4. Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Application has been made by the Sebastian Church regarding Tract F, Sebastian Highlands Unit 17 to change the land use designation from !NS (Institutional) to LDR (Low Density Residential) and to change the zoning from PS (Public Service) to RS-10 (Single Family Residential). At their regular meeting of April 6, 1995, the Planning and Zoning Commission held a public hearing and reviewed the applications for compliance with Sections 20A-11.6C and 20A-11.8C of the Land Development Code. The Commission's recommendation for approval is attached. At the regular meeting of April 26, 1995, City Council reviewed the requests, directed the City Attorney to draft the appropriate ordinances, and set the first public hearing for the land use amendment. The first reading and public hearing for Ordinance 0-95-15, the land use amendment, was conducted by City Council on June 14, 1995 and approved for transmittal to the Department of Community Affairs. DCA has returned our transmittal of this land use amendment and advised staff that state taw has changed and no longer requires their review for amendments under 10 acres. Therefore, City Council may proceed with the adoption of both the land use and zoning amendments. The City Attorney drafted Ordinance 0-95-16 regarding the zoning amendment and City Council approved the first reading on October 1!, 1995. ~,, Page 2 RECOMMENDED ACTION Hold public hearing on Ordinance (]-95-16 /zoning amendment). adopt Ordinance 0-95-16. Move to .%N ORDi~ANCE OF THE CITY OF SEBASTI.~N, iArDi.%/~ RZVER C0~Y, FLORIDA, PERTAIniNG T0 R~ZONI~G; REZONI~G C~RTAIN PROPERTY DESCRIBED AS T~CT F, SEBASTI.~ HIGE~S ~IT !7 ACC0~ING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK PAGE %6, FROM PS (PUBLIC SERVICE) TO RS-10 (SINGLE ~ILY RESIDE~IAL); PROViDInG FOR RE~E~ OF 0RDIN~C~S 0R P.~TS 0F 0~IN~C~S CONFLICT HER~i~; PROVIDING FOR SEVE~IL!TY; ~ PROVIDING .~ EFFECTI'~ DATE. ~EREAS~ ~he owner of Zhe parcel of properu~f descTibed her~in has peziuioned ~he ciuy of Sebasuian for a change in 5he zoning of said prcperuy; and , ~.~y Council has provided ncuice cE 5he proposed zoning change and conducted a uubilc hearing uo receive cizizen inpuu; and ~EREAS, Zhe Ciuv Ccunc~ of 5he City cf Sebasuian, Florida has considered 5hec~_u~__a-~ =~ idenuified in Secuicn 20A-~ ..... ~,'~) of 5he Land Deve!opmenu Code tcqeuher wiuh the recommended findings and recommendauicns of ius suaff and Planning and Zoning Commission; and '~ER~S, ~he CiZv Council has made 5he =~ _ ~=_ow=ng findings: A. The proposed use is consissanu wi~h ~he goals, ou~ec~ves and cuber =!emenus of ~he Comprehensive Land Use D~an. B. The proposed use is in ccnfo~i~; wi~h ~he subsSanzive ~= ;~= ' - of 5he ~_~__~menu= cf Sebastian Code cf Ordinances, parnicuiariy uhe Land Deve!opmenu =Code. · ._~z .... pme_u condi:ions regulauions, as uhe earsel has been annexed into D. The proposed use is ccmpaCible with adjacenu !and ~ses~ - - ~ ~ ==c=-'--les and se!~..;ices exisu in uhe City,to serve uhe proposed use and ~he demand for such use will ncu exceed ~he capacity for such services and faci!iuies. F. The proposed ,change in use will nc~ resu!~ in any significanu adverse impacUs c.n = = ~h~ nauur~! environment. G The proposed use - ~ ~ ~ -- - _ _ w___ ncc adversely azzecU ~he uroperuv values ~n :he =~= .... ..... -_._a, cr ~he general aeazzn, safely and welfare of ~he Cisv cr have an adverse imuac5 cn ~he financial resources of ~he City. H. The proposed use will resu!z in an order!v and local deve!cpmenu pauZern. i. The proposed use is in ~he public inZeresu of ~he cisizens of ~he c~u~ ~ -_ ycu Sebasuian. NOW THEREFORE, BE ~- 0~AiNED BY THE Ci~ C0%~CiL 0F THE C~T~ 0F SEBASTI,~N, E~I.~ R?~R C0~TY, FLORIDA, as follows: Section I. PROPER~I. The change in zoning classificaLion creaLed by the adcpuicn of this Ordinance shall apply ~o the following described rea! proper~y: =2~C. F, SEBASTI.~ H!GH~S Uni~ !7, a subdivision according ~e ~he u!a~ ~herecf as recorded in Plau Book 8, Psqe 46, of :he Public Records of indian River CsunZy, Florida. Section 2. DISTRICT. The real prcperzy described in .~-na._c_ hereby rezoned zrom ~ {Pu~i~- Service) to RS !0 {S~c~=-Familv Residenuia!) . Section 3 ZONING ,~APS ~= official ~ ....... _~Uv Zcnim= Map ~'-~ amended Co ~=~:=~ -' '- ' - ._n~= chance in zcninc il--rico. Section %. CONFLICT. All ordinances or paros of ordinances in toni!ici herewiUh are hereby repealed. Section 5. SEVERABiLITY. in ~he even5 a couru of compecenu jurisdicUion shall hold cr deuermine ~hau any paru of Ordinance !s -_;=,_d or unccnsciuucicna!, 5he remainder of cie Ordinance sha~_ ncz be affecUed and iu shall be presumed tha~ ~he City Ccunci~ of ~he Cloy cf Sebasuian did ~ot inuend uo enacz such invalid or ~ -~-~ ~ unc~ns~_=uc,cn=! provision. ~ snal! furuher be assumed ~hau uhe Ciuy Council wcu!d have enacted 5he remainder of Ordinance w~uhcu5 said ~nva!id and unconsuiuuzicnai provision, ~herebv causing said remainder ~o remain in full force and Section ~. EFFECTIVE DATE. This Ordinance shall become effecUive immediace!y upon i~s adcu~ion. PASSED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, ON FIRST R=~ADiNG, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CiTY ~ ~ C~C~ OF TMiS CI=. OF SEBA~TI~M, FLORIDA, ON SECO~ :~D FINAL ~E~iNG, THiS DAY OF , 1995. The foregoing Counci!member by Counci!member Ordinance was moved for adouzion The mozicn was seconded and, upon being Mayor Arthur L. Firuion Vice Mayor Carolyn Csrum Counciimember Ncrma J. Dame Counci!member Kay Hal!or~n Councilmem~er Louise R. Ca_~,v===n_~' ~ The Mayor nhereupon declared ~his Ordinance duly passed and adooued this day of , !995. CiTY OF SEBASTIAN, FLORIDA ATTEST: By: Aruhur L. Firslon, Mayor KaUhryn M. O'Hai!cran, CMC/.a=~E (SEAL} Approved as to Form and Content: C!ifzcn A. McC!e!!and, Jr. Cizy A~norney APPLICATION FOR ZONING CIIANGE CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT m- · TELEPt{ONE, 589-5330 This application must be completed and returned, with ali enclo I referred to herein, to the P~anning and Zoning Soard secret sures before the scheduled meeting. This application will then beary one wee~o the Planning and Zonin~ Board for study and reco~endations, referred I DATE REC~IVED~ /'-~.~V'~ . ~ATE ACCEPTED, APPLICANF ~ ~ ADDRESS: LAND USE CLASSI~ICAT!ON~~;~CRES TO ~E REZONED~ m EXISTING USE: m .. 'm.m,' ~ ? ":j" t'~ ...... REASON FOR ~TITION7 '~ ~ ' ~. ~ '~' ~ ARE ANY STRUCTURES NOW LOCATED ON TIlE PROPERTY? m Tile ~OLLOWING ATTACHMENT~ SHALL ACCOMPANY THE APPL~CATION, m 1)/~J if the property in question is not owned by the applicant, a notarized Affidavit of Ownership must 'accompany %he apolication giving the consent of each owner to the applicant to apply for m [and use change. . · a 2) ~ A copy of the Owner's deed must accompany each copy m _~ this application. ~) /~'~ A certified survey of the area, if no~ plabted. , ? ............... m 4) ...~ The legal de~cription of the parcel(s) pro osed ~ to be rezoned'. P ~) ~ A drawing or ~ap showing the zoning classifications ~ of all parcels of adjacent land within 300 feet of the subject proper~y (2) 6) 7) Names ~nd acldresse.~ oF.- su~ound±ng proge~ty owners within 300 ft of the boundary lines. A check, ~oney order o~ cast~ in the amount of $ ~d'~'C~C>' made payable to tile City of Sebastian. less than 5 acres 5 - i00 acres more than 100 acres FEE SCI{EDU LE $225.00 $$00.00 $750.00 The undersigned understands that this application must be complete and accurate before consideration by the Planning. and Zoning 8oard of the City of Sebastian. S'WTZ COUNT Or DEPOSE AND SAY THAT, ] AH THE OWNER ~I AM TIlE LEGAL RESPRESENTATIVE OF TIlE OWNER OF THE PROPERTY T'IAT ALL T'IE ANSWerS TO TII~ QgESTIONS ~N SAID APPLICATION AND ALL SK~T~JI~S AND DATA AND MATTER ATTACllED TO AND MAD~ A PART O~ SA~D APg~I~ATION A~ ~ION~ST AND 'Pi~ TO TIi~ BEST O~ MY, ~ SIGNATURE / SNORN TO AND SUBSCRIBED BEFORE ME, T~IIS Z/SF' DAY OF ~~ NOTARY Lgl8 A. SLA'n'~F ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPLICATION CONFERENCE 'FtlROUGtl TIlE PLANNING AND ZONING STAFF SECRETARY PRIOR TO TIIE APPLICATION 't'O RESOLVE OR AVOID PROBLEMS CONNECTED WITll TIlE PROPOSAL. City o/ Sebastian 122§ MAIN STREET o SF_.BASTIAN, FLORIDA 32958 TELEPHONE (407) 58g-5330 = FAX (407) 589-5570 MEM ORAND UM DATE: TO: FROM: R~FERENCE: April 7, 1995 Mayor, City Council Dorri Bosworth, Soc~=ta~ ~lann~ng and Zon&ng Commission Proposed Zoning and Land Uss change At its regular meeting of April 5, 1995, the Planning and Zoning Commission passed a motion to recommend to City Council to approve a Zoning change from PS (Public Service) to RS-10 ($ingle-Famil? Residential)t and a Land Use change from Z~S (Institutional) to LDR (Low Density Residential) for Tract F of Sebastian Highlands Unit 17. The applicant is the Sebastian Christian Church. The proposed change in zoning and ~and use will allow for possible future sales of pro~erty, which in turn will be used to fund their new church. TRACT J -.'..'~qo( o,l City of Sebastian 1225 MAIN STREET cl SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 SUBJECT: SECOND READING, PUBLIC HEARING AND FINAL ACTION ON ORDINANCE 0-95-17 LAND USE AMENDMENT FOR FISCHER PROPERTY FROM COR TO CL Approved For Submittal By: City Manager [~. Agenda N~moer: Oep~. Origin: Community Develoument (BC/~ Date Submitted: 10/'23/95 For Agenda Of: 11/01/95 Exhibits: 1. Ordinance 0-95-17 2. Application for Land Use Change 3. Planning & Zoning recommendation dated 4/21/95 4. Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT An application has been submitted by Mr. Cart A. Fischer regarding a portion of his property located at the south corner of U.S. Highway and Old Dixie Highway to change both the land use and zoning designations from COR (Commercial Office Residential) to CL (Commercial Limited). At their regular meeting of April 20, 1995, the Planning and Zoning Commission reviewed the applications for compliance with Sections 20A-11.6C and 20A-11.8C of the Land Development Code. The Commission's recommendation for approval is attached. At the regular meeting of May 10, 1995, the City Council reviewed the requests, directed the City Attorney to draft the appropriate ordinances and set the first public hearing for the land use amendment. The first reading and public hearing for Ordinance 0-95-17 (the land use amendment) was conducted by City Council on June 28, 1995 and approved for transmittal to the Department of Community Affairs. DCA has advised staff that because of changes in state law, they are no longer required to review amendments under 10 acres. Therefore, City Council may proceed with the adoption of both the land use and zoning amendments. Page 2 RECOMMENDED ACTION Hold second public hearing on Ordinance 0-95-17 (land use amendment/. ~ove %o adopt Ordinance 0-95-18. ORDINANCE 0-95- /7 AN ORDINANCE OF THE CITY OF SEBASTIAI~, I/TDIAN RIVER COUNTY, FLORIDA, AM-ENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENSIVE LAND USE PLAN MAP; CHANGING THE LAND USE DESIGNATION IN THE CITY OF SEBASTIAN, ON CERTAIN PROPERTY CONTAINING APPROXI~ATELY .584 ACRES, HORE OR LESS FROM COR (COMM-ERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); A/~ENDING ORDINANCE 0-91-17 PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEI~EWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of a parcel of property has recfuestad the ciuy to change the land use from COR ICOM~4ERCIAL OFFICE RESIDENTIAL) TO CL (COM~ERCIAL LIMITED); and WHEREAS, the City Council of 5he City of Sebastian, Florida, has considered the criteria identified in Section and b(2) of the Land Development Code together with the recom~ended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is consistent with the other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The land use and development conditions affecting this oarce! have changed since the effective date of the existing regulations. The increased urbanization of the City in the vicinity of this property has resulted in such changed condition. The proposed use is compatible with adjacent land ~ses. E. Ade.~uate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such se_~vices and facilities. ~ The proposed change in use ~' - wi__ no~ result in any significant adverse impacts on the natural environment G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the city. H. The proposed use will result in an orderly and local development pattern. !. The proposed use is in the public interes~ of the citizens of ~he City of Sebastian. NOW, THEREFORE, BE IT ORDAI1TED BY THE CITY COUNCIL OF THE CITY OF SEBASTI3~N, II~DIAN RIVER COUNTY, FLORIDA, as follows: SectioD 1. COMPREHENSIVE PLAN AMENDMENT. That the real property described as follows: A parcel of land !ying in the northwest 1/4 of Section 17, Township 31 South, Range 39 East, Indian River County, Florida, being more particularly described as follows: Commence at the inter~ection of the West right of way line of U.S. Highway One (a 120 foot wide right of way) and the North line of Sebastian Highlands, Unit 7, as recorded in Plat Book 6, Page ~ of the Public Records of Indian River County, Florida; thence N 25~22'!7'' W along said west right of way of U.S. Highway One a distance of ~79.35 feet to the point of beginning; thence S 6~°37'43,, W a distance of S~.00 feet; thence N 7!~!S'00'' W a distance of 79.88 feet; thence N 3!~58'3!', W a distance of 170.22 feet to the South right of way line of Old Dixie Highway (a 50 foot wide right of way); thence N 7~26'37" E along said South right of way line a distance of 145.0! feet to the aforesaid West right of way line of U.S. Highway One; thence S 25"22'17" E along said West right of way line a distance of 195.00 feet to the point of beginning. Containing 0.584 acres more or less. is hereby reclassified from COR {COM/~ERCIAL OFFICE RESIDENTIAL) TO CL (COPEqERCIAL LIMITED) and Ordinance 0-91-17 of the City of Sebastian is amended accordingly. Section 2. MAP AMENDMENT. The official City Land Use Map is hereby amended to reflect this change in land use classification. Section 3. NOTIFICATION. That the City shall send a certified copy of this Comprehensive Land Use Plan Map designation change to the Department of community Affairs of the State of Florida. Section 4. CONFLICT. Ail ordinances or pal-us of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or dete_~-mine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall fur~her be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTI~ DATE. This Ordinance shall become effective immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE C=T.~ v OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THiS CITY OF SEBASTIAN, FLORIDA, ON SECOND .~ND FINAL READING, THiS DAY OF , 1995. The foregoing Ordinance was Councilmember by Councilmember into a vote, the vote was as follows: Mayor Arthur L. Firnion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Ccunci!member Ray Ha!!oran Counci!member Louise R. Cartwriqht moved for adoption by The motion was seconded and, upon being put The Mayor thereupon declared this Ordinance duly passed and adopted this day of ., !995. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Fir~ion, Mayor Kathryn M. O'Ha!loran, CMC/AAE (SEAL) Approved as to Form and Content: Clifton A. McClet!and, Jr. City Attorney APPLICATION FOR AMENDMENT OF LAND USE DESIGNATION CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA TELEP~{ONE: 589-5330 This application must be completed and returned, with all enclosures referred to herein, to the Planning and Zoning Board secretary one week before the scheduled meeting. This application will then be referred to the Planning and Zoning Board for s~udy and recommendations. DATE RECEIVED: APPLICANT: ADDRESS: OWNER: ~.~, ,~.,~.. ADDRESS: DATE ACCEPTED: ,~, ,',~ -~<,,k,..,~.a. PHONE: EXISTING LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR PETITION? ~f_ ~-~ -u~-T ACRES TO BE REDESIGNA'I'ED: ~c_ ~G~t EXISTING USE: ~4~. Sw ~ a~ PROPOSED USE: TIlE FOLLOWING ATTACI[MENT SIIALL ACCOMPANY THE APPLICATION: If the property in question is not owned by the applicant, a notarized Affidavid of Ownership must accompany the application giving the consent of each owner to the applicant to app.ty for a land use change. A copy of tile owner's deed must accompany each copy of this application. A certified suruey of tile area, if not platted. 5 The legal description of the parcel(s) proposed to be changed. A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of tile subject property. (2) Names and addresses of surrounding property owners wit]~in 300 ft of the boundary lines. A check, money order or cash in the amount .of $ ~5'.0© made payable to the City of Sebastian. ' less than 5 acres 5 - 100 acres more than 100 acres FEE SCIIEDULE $225.00 $500.00 $750.00 i AGE APPgl~AN~S ARB BN~OURAGgD z~~u"-~A~:~,Frg~AT~ON ~ONFBRgN~g TIIROUCII TIlE P~ANNING AND ~ON~NG STAF~ SE~RS~AR~ PRIOR TO TIlE APPLiCATiON TO RBSOgVB OR AVOID PROBBgHS CONNB~TSD N~T]I THE PROPOSAG. SWORN TO AND SUBSCRIBED BEFORE ME, THIS The undersigned understands that this application [nust be complete and accurate before consideration by the Planning and Zoning Board of the City of Sebastian. s'r^TE COUNT I, ~ ~ ~; ~ ~c~ ,BEING FIRST DULY SWORN, DEPOSE AND 'SAY TIIAT: .X~ I AM THE OWNER I AM TIlE LEGAL RESPRESENTATIVE OF TiIE OWNER OF T~IE PROPERTY DESCRIBED WIIICII IS TIlE SUBJECT MATTER OF T}{IS APPLICATION, T}IAT AL~ TIlE ANSWERS TO TIlE QUESTIONS/IN SAID APPLICATION AND S Z CneS AND DATA OF SAID APPLICATION ARE IlONEST A~ ,'I'~UE TO T~IE BEST OF MY City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407} 589-5570 ME M 0 RAND UM DATE TO: FROM REFERENCE: April 21, 1995 Mayor, City Council Dorri Bosworth, Secretar_~~ Planning and Zoning Commission Proposed Zoning and Land Use Change At its regular meeting of April 20, 1995, the Planning and Zoning Commission passed a motion to recommend to the City Council to approve a request for a zoning and Land Use change from COR (Commercial office Residential) to CL ( Commercial Limited) for a piece of property approximately a 1/2 acre in size located at the southwest corner of Old Dixie Highway and U.S. Highway #1. The change in zoning and land use would allow for expansion of the existing restaurant, currently able to occupy not more than 40% of the building's 1st floor. The Planning and Zoning Commission reviewed the proposal in accordance with Section 20A-11.6C and Section 20A-11.8C of the Land Development Code and found it met all criteria. Their recommendation includes that the applicant adjust the legal description of the parcel so that the conditional use criteria for restaurants in the proposed CL zoning and land use can be complied with (Section 20A-6.1C(26)b(1) and b(2)). City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PUBLIC HEARING AND FINAL ACTION QN ORDINANCE 0-95-18 REZONING FISCHER PROPERTY FROM COR TO CL Approved For Submittal B~V: Dept. Origin: Community Develooment Date Submitted: For Agenda Of: Exhibits: 1. 2, 3. (BC) ' 10/23/95 ,,~ 11/01/95 Ordinance 0-95-t8 Application for Zoning Change Planning & Zoning recommendation dated 4/21/95 Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT An application has been submitted by Mr. Carl A. Fischer regarding a portion of his property located at the south corner of U.S. Highway ~1 and Old Dixie Highway to change both the land use and zoning designations from COR (Commercial Office Residential) to CL (Commercial Limited). At their regular meeting of April 20, 1995, the Planning and Zoning Commission reviewed the applications for compliance with Sections 20A-11.6C and 20A-11,8C of the Land Development Code. The Commission's recommendation for approval is attached. At the regular meeting of May 10, 1995, the City Council reviewed the requests, directed the City Attorney to draft the appropriate ordinances and set the first public hearing for the land use amendment. The first reading and public hearing for Ordinance 0-95-17 (the land use amendment) was conducted by City Council on June 28, 1995 and approved for transmittal to the Department of Community Affairs. DCA has advised staff that because of changes in state law, thev are no longer required to review amendments under 10 acres. Therefore, City Council may proceed with the adoption of both the land use and zoning amendments. The City Attorney drafted Ordinance 0-95-18 regarding the zoning and City Counclt approved the first reading, on October i!, 1995. Page 2 RECOMMENDED ACTION Hold oubl{" hearing on Ordinance (]-95-18 {zoning amendment adopt Ordinance 0-95-18. Move to A~ ORDINANCE OF T~E CITY OF SEBASTIA/{, INDIAN RIVER COUNTY, FLORIDA, REZ©NING CERTAIN PROPERTY LO~TED iN ~H.E NORTH CENTRAL SECTION OF T~E CI~f, COMPRISED OF .584 ACRES, MORE OR LESS, LYING WEST OF U.S. ~IG~A~ ! .~ SO~ OF OLD D!Xi~ EIG~AY, FROM C0R OFF~C~ RESIDE~) TO CL (CO~RCI.~ LIMITED); PROVIDING FOR REPE~ OF O~IN~CES OR P.~TS 0F O~IN~CES IN CONFLICT HEREWITH; PROVIDING FOR SE~ILiTY; _~ PROVIDING EFFECTI~ DATE. WHEREAS, the owner of the parcel cf property described herein has peuinioned the City of Sebastian for an amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided nc~ice of ~he proposed zoning change and conducted a public hearing zo receive citizen inDu5; and WHEREAS, the Ci~£ Council of the Ci~v of Sebastian, Florida, has considered ~he criteria identified in Section 20A-ii.~{c of ~he Land Deve!cpmen~ Code together with ~he recommended findings and recommendations cf izs ~zaff and Planning and Zoning Commission; and WHEREAS, 5he Ci~V Council has made ~ke following findings: A. The proposed use ts consistent wi~h ~he goals, object!yes and other e!amen~s of the Comprehensive Land Use Plan. B. The proposed use is in conformity wi~h the subsuanHive recuiremenHs of ~he City of Sebaszian Code of Ordinances, parEicuiariy 5he Land Deve!comen~ Code. C. The land use and deveiopmen~ conditions affecting ~his oarce! have changed =~nc= 5he =~-~=~ = e of ~he exisc~ reguiau!cns, as ~he oarce! has been annexed into cke CiUy. . ! The proposed use is compacib!e winh adjacent land E. Adequama public facilities and se~zices exism in the ~zzz :o serve the proposed use and Uhe demand for such use wi!! ncc exceed the capacizv for such ser~rices and facilities. F. The proposed change in use will nc: resui~ in any significant adverse impacts on the natural environment. G. The .ProPosed_ use w_~, ncU adverse!v_ a~_c~=== ~ ~he proper:V v~iues in the area, cr :he genera! kea!Sh, safeny and welfare of %he Ci:y cr have an adverse immac-~ on nke financial resources of the City. iff. The proposed use will result in an order!v and local deve!opmenU paEtern. !. The proposed use is in :he public interest of the cinizens of t~e CiZ~£ of Sebas:ian. ~OW THEREFORE, BE IT ORDAINED BY THE Ci?f CODICIL OF THE CITer OF SEBASTIAN, i,_N-D!A~ Ri~R COUNTY, FLORIDA, as follows: Section !. PROPERTY. The change in zoning c!assificauion creamed by ~he adoption of ~his Ordinance shall apply to 5he following described real proper~y: A parcel of land Iyinq in the northwest i/4 of Section 17, Township 31 SouUh, Range 39 Eas~, indian River Ccunuy, Florida, being more uarzicu!ar!v described as follows: - Commence aU nhe innersec~ion of the West righ: of way line of U.S. Highway One (a 120 foot wide righU of way) and the Ncr:h line of Sebasnian Highlands, Uni: 7, as recorded in Pla: Book ~, Page 6 cf the Public Records cf indian River Ccunzy, Florida; thence N 25°22'!7'' W a!cng said wesz righz of way of U.S. Highway One a dis:ance of S79.3~ feeE 5o zhe pein: of beginning; thence S 6~37'43', W~ dismance ~ ~3 00 f -~ :hence o~ , ,, · e=~; ~ 7! =~ 00 W a dis~ance of 79,~8 leon; thence N 3!°58'31'' w a distance of i?0 22 f--~ ~ the Souuk righ~ on way ~_ne of Old DZxia Higaway {a SO fcou wmde right of way); ~hence N T6026'37" E along said South ri~h~ of way ~ inea distance cf !4S.0~ ==== ~s ~he aforesaid Wes~ righn of way line of U.S. Highway One~ nhence S 25°22'17'' E along said Wes5 riyhz of way line a distance of 195 00 fe_n ~c the :cin~ c= Deginnlng. .Containing 0.~8{ acres ~cre cr !ess. Section 2. DISTRICT. The real property described in this 0rdinaxce is i~=~=bv rezcned from CCR (Commercial Office Resident!al) ~o CL ( ~ ~ ~ ~ ~ . Section 3. ZONING Y iAPS. The official City Zoning Map shall be amended ~o reflect ~his change in zoning dismrict. Section ~. CONFLICT. k!! criinances or oarzs of ordinances ~ in conflic~ herewith are hereby remeaied. Section 5. S~%-~RABILITY, %n nhe evenm a ccur~ of competent ~urisdiccion shall hci.i cr denermine 5ham anv oarc cf 5his Ordinance is invalid or unconstitutional, the remainder of nhe Ordinance shall ncn be affected and in shall be presumed nha~ mhe Ciny Ccunci! cf ~ke Cinv of Sebastian did no~ inmend ~o enac~ such invalid cr unccns~inuzicnai orovisicn, it shall further be assumed ~ha~ ~ke City Council wcuid have enacted mhe remainder of ~his Ordinance without said invalid and uncenstituziona! prevision, ~kereby causing said remainder to remain in full force and effecm. Section ~. EFP~CT%~-~ DAT~. This Ordinance shall become effecn~-=_~ immediane!v upon ins adcpnion. PASSED BY THE CITY C©O~CIL OF THE CITY OF SE~ASTI.~, FLORIDA, .ON FIRST READING, THiS DAY OF , 1995. PASSED A=NID .~DOPTED BY ~uE C~=. COUNCIL OF THIS CiTY OF SESASTiA~N, FLORIDA, ON SECOND AI~D FINAL READING, ~___S DAY OF , 1995, The fcregoinc Councilmember bv Counci!member inuo a voua, the vcz= was as fo!!cws: moved for adcmcion by The mcnion was -~ ~=~ and, umon being puz Mayor Arzkur _. Fir%icn Vice Mayor Carolyn Cerum Counciimember Ncrma J. Damp 'Counci!member Ray Haiicran Counciimemoer Louise R. Carzwrighc The Mayor. ~he~eumcn_ ~ dec!a~=d__ this Ordinance duly passed_ and adcoted ~ - Un_s day o7 , 1995. CITY OF SEBASTIAN, FLORIDA Aruhur L. Firticn, MaYor Kauhryn M. O'Ha!!cr~n, CMC/AAE (SEAL) Approved as to Form and ConZent: C!ifuon A. McCle!!and, Jr. City Attorney I I I I i I I I I I I I I i I I i I I APPLICATION FOR ZONING .ANGE CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT TELEP~ONE: 589-5330 This applicatio, must be completed and returned, wit~ all' enclosures referred to herein, to the Planning and Zoning Board S~cretary one week before the scheduled meeting. This application will tl~en be referred to the Planning and Zoning Board for study and reco~nendations. DATE RECEIVED~ '5{[~'%~ DATE ACCEPTED, APPLICANT: Cart A. [ischer P}[ONE, 589-8088 ADDRESS, 10741 US-t, Sebastian, FL 32958 OWNER, Same as. Applicant PHONE ADDRESS: EXISTING ZONINGs. Cmmm~ricat nm Re~id~nti~EQUESTED ZONING: £~mmmr4rml l/m~¢d . LAND USE CLASSIFICATION, EXISTING USE: C0mm~rical 0ffJc~ and R~t.r~nt PROPOSED USE: P¢~t,rmne REASON FOR PETITION7 for this use. kCRES TO BE REZONED: 1 acre +/- C0R does not allow Resturants to use more than. 40% of 1st floor ARE ANY STRUCTURES NOW LOCATED ON T}IE PROPERTY? Yes THE FOLLOWING ATTACHMENTS SHALL ACCOMPANY TNE APPLICATION: If the property in question is not owned by the applicant, a notarized Affidavit of Ownership must accompany the application giving the consent of each owner to the applicant to apply for a land use change. 2) X A copy of the owner's deed must accompany each copy Of this applica_~t~on. X A certified survey of the area, if not platted. X Tile legal description of the parcel(s) proposed to be rezoned. 5) A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of the subject property. (2) 6) X__~___ Names a~]d addresse.,~ of surrounding property owners w.ithi, 300 ft of the boundary lines. 7) X A check, money order or cash in the amount of $~9~ nn made payable to the City of Sebastian. ~ ..... FEE SCIIEDULE less than $ acres 5 - 100 acres more than 100 acres $2.25.00 $500.00 $750.00 The undersigned understands that this application must be complete and accurate before consideration by the Planning and Zoning Board of the City of Sebastian. STATE OF ~lorida COUNTY OF Indian River I, Carl A. Fischer ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT~ XXX I AM THE OWNER I AM '?liE LEGAL RESPRESENTATIVE OF T~IE OWNER OF T}{E PROPERTY DESCRIBED W[iICI[ IS TI~E SUBJECT MATTER OF TI{IS APPLICATION, 'Iq{AT ALL T}[E ANSWERS TO T~[E QUESTIONS IN SAID APPLICATION AND ALL SKETCh,ES AN,D, DATA AND MATTER /~'I"I'A~IIED TO AND MADE A PART OF SAiD APPLZCA?ION ARE ItONEST AN~ TR~E TO TIIE BEST OF MY.' SWORN TO AND SUBSCRIBED BEFORE hiE, TIIIS /'z~ DAY OF/~,'"~,'gd~.. NO'rARY: ~,-.j~L._t.~,/,_ ~ '~Fn/. "'~..'~:"" SHERY~ANNE FOy ='*: ':,:-. ~ COMMISSION//C04~7882 EXPIRES ~--'~--' November 29. 1998 ALL APPI',ICANTS ARE ~NCOURAGED TO SCIIEDUI'.E A PRE-APPr. ICA?ION CONFERENCE TiIROUGil TIlE PLANNING AND ZONING STAFF SECRETARY PRIOR TO TIlE APPLICATION TO RESOLVE OR AVOID PROBLEMS CONNECTED Nlq'Il TIlE PROPOSAL. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIOA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: April 21, 1995 Mayor, City Council Dorri Bosworth, Secretar~ - Planning and Zoning Commission Proposed Zoning and Land Use Change At its regular meeting of April 20, 1995, the Planning and Zoning Commission passed a motion to recommend to the City Council to approve a request for a Zoning and Land Use change from COR (Commercial office Residential) to CL ( Commercial Limited) for a piece of property approximately a 1/2 acre in size located at the southwest corner of Old Dixie Highway and U.S. Highway #1. The change in zoning and land use would allow for expansion of the existing restaurant, currently able to occupy not more than 40% of the building's 1st floor. The Planning and Zoning Commission reviewed the proposal in accordance with Section 20A-11.6C and Section 20A-11.8C of the Land Development Code and found it met all criteria. Their recommendation includes that the applicant adjust the legal description of the parcel so that the conditional use criteria for restaurants in the proposed CL zoning and land use can be complied with (Section 20A-6.1C(26)b(1) and b(2)). CITY LIMITS CITY LIMITS VICKERS GIRO LDR STORMWATER MANAGEMENT (TRACT A) City of Seba. tian TELE~M(DNE (407~ 5Bg-~330 FAX ~07-58g-5570 -Waiver of Bid for 'Three Computers To Be PurchaSed Under State Contract Amorcved For Submittal C_~¥ Manager De_Or. Crigin Po lice//~ Date Sub,nittsd 10/20/95 For Aqenda Of 11101Z95 ~xhibits: Letter from Florida Lawgufor~n~ Department, dated 8/11/95 Price quotations from Technology Partners, Veto Beach EXPENDITURE REQUIRED: $6,621- AMGUNT BUDGETED: $8,390 REQUIRED: SUMMARY STATEMENT The police department meeds to purchase three computers for the following functions: 1. Co~-,nications Canter, to upgrade the computer used for the Florida Crimm Information Center. This is mandated by F.D.L.E. (refer to a~tached letter), F.D.L.E. will provide the required software cost for this system. Cost for this s~stem is: $3,099 which includes $8~9 for a three year, 2~ hour on site maintenance contract. 2. Evidence room, P.C. computer ~ith software and barcoding equipment. Barcoding equipment and software ~ill be provided at no charge. Cost for this s~stem is: $1,761. 3. Detective Division, P.C. computer with mouse, monitor and memory upgrade. Cost for this system is $1,761. All of the hardware and software are made by Compaq and all prices quoted are from ~he State of Florida contract- (Copy attached). RECOMMENDED ACTION Approve waiver of bid and authorize the purchase of three P.C. computers for the police department for a total of $6,621. plus shipping and miscellaneous charges. FDLE Florida Department of Law Enforcement James T. "Tim" Moore Commissioner August l l, 1995 P O_ Box 1489 Tatlahassee, Florida 32302 (904) 488-8771 TO: Florida Police Chie£s FROM: James T. 7oor!.: ('omm SUBJECT: FCIC II TechniCal Update,.-../ Lawton Chiles, Governor Sandra B. Mortham, Secretary of State Robert A. Butterworth, Attorney General Robert F. Milligan, Comptroller Bill Nelson, Treasurer Bob Crawford, Commissioner of Agriculture Frank T. Brogan, Commissioner of Education /995 Recently, numerous questions Imve surfaced regarding implementation of FCIC II and the cost associated with hardware and soft'ware requirements for the local agency. As you know, FCIC II is a phased approach to replacing the entire FCIC system. The first' phase is the replacement of the statewide network. Along with the replacement of the network will come acquisiti4n of workstation hardware and the distribution of FCIC II Workstation So~vare. When the network is completed. [he Message Switch and FCIC Hot Files will be replaced. Finally, many of the other FDLE computer functions will bl moved to a new processor. The following describes the current status and provides timetines for the first phases oft~ FCIC Ii program. FCIC II Network ~ FDLE is acquiring network servi[es from the State Division of Communications (DIVCOM). D[VCOM has selected a vendor for the statewide network and will begin installing the switches for the network within the next 90 days. Pilot sites for computer interface~ have been selected and agencies notified. Additional pilot sites for terminals that are directly connected to FCIC c~nnot be finalized until we know the vendor's network installation schedule, nor can we establish a specific statewide ~:CIC II implementation schedule. However. we plan to have every FCIC agency on the new network by Summer, 19~6. As soon as we receive the necessary information from the network vendor, we will make the pilot site selection ~nd notify those agencies who are selected as test sites. FDLE will pay the costs to moveie×isting FCIC agencies fi.om the old network to the new neu, vork. Initially, the new FCIC II network will only includi terminals that are on the current FCIC system. Additional terminals cannot be ~cied to the new FCIC II network until the FCIC message switch is upgraded. This · l upgrade is scheduled for m~d-year [ 997. Committed to Service * Integrity · Respect * Quality FCIC 11 Workstation FCIC II requires, at a minimum, an Intel 486DX66 personal computer. The purchase of this equipment will be the local agency's responsibility.. } This workstation can be purchased for less than $3,000. With the continual advancements in technology an'd th~ ever changing personal computer market, however, the 486 computer may not be the most cost effective solution for your agency. An alternative which may provide you greater capabilities is the Pentium-based computer operating at 75 MHz or faster (commonly referred to as I>-75). The estimated cost of the Pentium computer is around 53,000. The FCIC II workstation sof~ware will be operable on any personal computer meeting at least these minimutrt requirements~ Several agencies have requested to participate as pilot agencies for the workstation sof~vare. Selection of these agencies and timing of installation of the new frame relay network will depend on the installation of the new network by th~ DIVCOM vendor. If your agency has volunteered to be a pilot site, you should have the personal computer available for connection by October 1995. If your agency is not a pilot agency, you should have the personal computer available for use between February and April 1996. FCIC II Workstation Software: We are in the process of acquiring the FCIC II workstation soflware. FDLE will license this software to all agencies for each terminal currently directly connected to the FCIC system. This workstation software will be provided hv FDLE at no cost to the users. Any updates for this software to insure compatibility with FCIC II or NCIC 2000 will also be provided at no cost. ~CIC 2000 Implementation: FDLE will support the FBI's NCIC 2000 system services which are tentatively scheduled to become operational in February 1998. One of the major services to be provided is the imaging capability that will provide photographs of wanted and missing persons, stolen property, and guns. Hardware requirements to handle the imagining capabilities are unknown at this time. However, FDLE will minimize the need for additional hardware (particularly the Imagining Processor System-IFS Card) as much as possible. The implementation of NCIC 2000 will also require updating the FCIC II workstation sol,ware. FCIC agencies will receive updated versions of the workstation software to accommodate NCIC 2000 at' no cost. We hope this information will provide you and your staff with the necessary information to achieve an orderly and successful migration to FCIC IL If. you have questions or need assistance, please contact Director Jim Sewetl at (904) 4811-3961, CIO John Ridgeway~t (904) 488-6041 or FCIC II Program Manager Brenda Owens at (904) 488-t376. }' JTM/JD$/rg .. i ~ I .... ~ ~ /I I !il? : I VF_.RO BE.ACH, ,FL · (4117) '~34-35~ - .F~ (407) ~4. F°llce Ispatch Computer EXPIRE S Subject to contract TO: Mr. Jay 8~nncll ~ C)~ of SeDastlan ~01ice ~padment (407)589-5233 Sebas~an, FL Compaq Prolinea 'lSGOX~Model ~30~. Sta~e c~ntract pa~ ~17~200-O0~ Compaq 150 15" S.V G A~ Monitor. 1 Yr Wa~an~ ' 8 M~ Memo~ module ~ 177T13 340/080 MB Tape Oriv~ wlCompress~on. #1g7082-001 OPTION~ NetFtex ENET/i$^ Controller Compaq State Contract Compaq State Compaq State Contract Comp,aq State Contract Compaq State Contract Notes TeChnology Pactnent is Acer, D~-C. Hewlett-Packard and Compaq AuthoH~ We A~p~ Cash. ~he~. Vis~, AMGX, M~te~rd, Quotation. Hardware 1 .PHONE :FAX $1,;~42.00 $377.00 $338.00 $293.00 $100.00 $1,242.00 $377.00 $338.00 $293.00 $2,250.013 TO: Mr. Jay Elennert City of Sebastian Sebastian, FL i, RTNER ~JiO TAT (407).~B9-§;~ 33 :PI.lONE :FA){ ~e~artrnent ION Nole.~ Our Commerc'iai (non-',eework) ~ow'~uiting Rate: :~O5/hr $750.00 $750_00 $849.00 Tax reqd on eervicen eupptied wilh han:~waf,e, e He, dwefe Leage, Call for $ Quotation - 3e~vlce8 J , RTNER City ot Sebastian ~ ~pa~nt S~astlan, FL Compaq Ptalinea 42g/w. ~tate contract part #1722[~ 140 Color Monitor. ~S. A~elControl J210506- 340/~80 Mffi Tape Ohve ~Compresstan. ~19T082-001 (407)§89-5233 :PHONE :FAX Compaq State Contract Compaq 5tate Contract Compaq State Contract $1,177.00 $291 O0 $293 O0 Quotation - Hardware 3 $1,177.00 $~_91 OO $293 O0 $1,781.00 Page r .- I I --'NS NED 0~-' : -" ,' rt '-/l~'G~l L~,P'OiJD It-Il:_ ARTNERS "',,,; (407) ~ I~bi ity Cornaa~ P~linen '1860X~Mode1420/w. Slate contr~ pa~ 140 Color MonitoL ES~ AssetConffol J210506- 001 340/B80 MB Tape Drive. wtCompresstan. ~1~T082.001 Compeq Autha~eel · We Ac~'~t Cash, C,~ck, L-as,r~l Quotation - Hardware 3 (407)§89-~233 :Pt tONE :FAX Compnq state Contract Compaq State Contr~m Compaq State Contract $1,177.00 $291.00 $293 O0 $1,177.00 S293 oo $1,7~1.00