HomeMy WebLinkAbout11161994 City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTiAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 16, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON iTEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CiTY CLERK,
CITY HALL, 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 often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Merril E. Dewey - Church of the
Nazarene
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS). -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
94.280
PGS 1-18
7. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows
(R-94-54):
- Mayor Opens Hearing
- Clerk Administers Oath
- Staff Presentation
- Affected Parties May Question staff
- Applicant's Presentation - 15 Minutes
- Proponents' Presentation - 3 Minutes*
- Inquiry of Applicants
- Opponents' Presentation - Affected 15 Minutes -
Other 3 Minutes*
- Inquiry of Opponents
- Informational Testimony - 3 Minutes*
- Inquiry of Informational Witnesses
- Mayor Closes Public Information Period
- Staff Response and Summary
- Applicant's Rebuttal - 10 Minutes
- Board and Staff Inquiry
*If representing group of 5 or more - may take up to
10 minutes
RESOLUTION NO~ R-94-63 - Atlantic Gulf
Communities - E & E Development, Sebastian Acres
- Minor Subdivision Plat (Community Development
Transmittal dated 11/8/94, R-94-63, Application,
Atlantic Gulf Letter, LDC Sections, Masteller
Memo, Watters Memo, P & Z Memo, Williams Memo,
Fowler Memo)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR
SUBDIVISION PLAT OF SEBASTIAN ACRES; CONSISTING OF
5.35 ACRES, MORE OR LESS, LYING IN SECTION 23,
TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO
SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT
THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN
RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
94.105
PGS 19-Z6
PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
ORDINANCE NO. 0-94-11 - Amending GMC and MCR
Zoning District Uses (Community Development
Transmittal dated 11/9/94, 0-94-11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
6.1 C. 17. a. OF THE CITY OF SEBASTIAN LAND
DEVELOPMENT CODE TO INCLUDE BAIT AND TACKLE SHOPS AS
A CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION
20A-3.11 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO PERMIT PARKING LOTS WITHOUT BUILDINGS OR
STRUCTURES ON THE LOTS AS A CONDITIONAL USE IN THE
GENERAL MARINE COMMERCIAL DISTRICT; AND AMENDING
CHAPTER 20A, SECTION 20A-3.12 C. OF THE CITY OF
SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT PARKING
LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS A
CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A, SECTION
20A-6.1 C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT
CODE TO ADD AN ADDITIONAL SUBSECTION (33) TO PERMIT
PARKING LOTS WITHOUT BUILDINGS OR STRUCTURES ON THE
LOTS AS A CONDITIONAL USE iN THE MARINE COMMERCIAL
AND RESIDENTIAL DISTRICT AND IN THE GENERAL MARINE
COMMERCIAL DISTRICT OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS
ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, FLORIDA; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
3
94.223
PGS 27-34
10.
94.281
PGS 35-45
ORDINANCE NO.., ~ - Amending Building Height
in GMC Zoning (Community Development Transmittal
dated 11/9/94, O-94-12)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-
3.12 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
FLORIDA, CHANGING THE MAXIMUM BUILDING HEIGHT IN THE
GENERAL MARINE COMMERCIAL DISTRICT TO PERMIT A
MAXIMUM BUILDING HEIGHT OF 35 FEET ON THE WEST SIDE
OF INDIAN RIVER DRIVE AND RETAINING A MAXIMUM
BUILDING HEIGHT OF 25 FEET ON THE EAST SIDE OF INDIAN
RIVER DRIVE WITHIN THE GENERAL MARINE COMMERCIAL
DISTRICT; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORIDA;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR
RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
CONSENT AGENDA
Ail 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.
A®
RESOLUTION NO.. R-94-64 - Vacation of Easement
(City Clerk Transmittal dated 11/8/94, R-94-64,
Application, Survey, Letters of No Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTHWEST FIVE FEET OF THE
SOUTHEAST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE
EASEMENT, OF LOT 81, BLOCK 299, SEBASTIAN HIGHLANDS
UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 7-56J, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
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11.
12.
13.
14.
94.282
PGS 47-71
PRESENTATIONS - Nome
COMMITTEE REpQ~TS/RECOMMENDATIONS
OLD BUSINESS - None
NEW BUSINESS
Discussion and Direction to City Attorney on
Proposed Annexation, Comprehensive Land Use
Amendment and Rezoning (Petition for Annexation,
Map, Land Use and Rezoning Applications, P & Z
Recommendations, Boling Letter, Asher Letter, LDC
Sections)
15.
CITY COUNCIL MATTERS
A. Mr. Robert Freeland
B. Mr. Frank Oberbeck
C. Mayor Arthur Firtion
D. Vice-Mayor Carolyn Corum
E. Mrs. Norma Damp
16. CiTY ATTORNEY MATTERS
17. CITY MANAGER MATTERS
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) 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. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACK (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THiS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THiS MEETING.
City of Sebastian
1225 MAiN STREET n SEBASTIAN, FLORIDA 32958
(407) 589-5330 [] FAX (407) 589-5570
TELEPHONE
SUBJECT: R-94-63 ACCEPTANCE OF
THE MINOR SUBDIVISION PLAT OF
SEBASTIAN ACRES
Approved For Submittal By:
City Manager ~~
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Agenda Number:
Dept. Origin: Community Development
(BC)
Date Submitted: 11/08/94
For Agenda Of:
11/16/94
Exhibits: R-94-63
Applic. for Minor Subdivision
Plat of Sebastian Acres
Authorization letter from
Atlantic Gulf
Section 20A-16.1(C)1 of LDC
Section 20A-16.3 of LDC
Earl Masteller memo of 10-6-94
Allen Watters memo of 10-19-94
P & Z memo of 10-21-94
Tim Williams memo of 11-7-94
James Fowler memo of 11-8-94
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received an application for a minor subdivision
plat from Atlantic Gulf Communities.
The proposed minor subdivision will take the existing Tract C, Sebastian
Highlands Unit 13 and subdivide into four (4) lots.
Since this subdivision is creating 4 lots on existing paved, dedicated
rights-of-way and does not require any extension of offsite improvements,
this proposal meets Section 20A-16.1(C)1 of the Land Development Code for
a minor subdivision.
Pursuant to Section 20A-16.3 A & B of the Land Development Code, the City
contracted with Masteller & Moler, Inc. to review the proposed minor
subdivision plat in accordance with this procedure. The comments
fr°O
,
.
inc° d i toEarlrMastellernare attached for your review. All items have been
· porate ' the revised plat. Also attached are the comments from
H.R.S. (Allen Watters).
The Planning & Zoning Commission has reviewed this minor subdivision in
accordance with the Land Development Code and has recommended approval by
the City Council. The Planning & Zoning Commission did wish to express
their concerns with the City's existing drainage system in this area.
Although they had legitimate concerns with this common problem, they
~nized that this plat met the requirements of the Land Development
Comments from City Attorney Timothy Williams are attached. All items hav~
been corrected on the revised plat except for item 2 which has been
addressed by James Fowler in his letter of 11-8-94.
The original application was submitted by John King who was authorized by
Atlantic Gulf to act as their agent only for the purpose of pursuing
written authorization to subdivide the property.
The property will be transferred to E & E Development of Sebastian, Inc.,
(John A. King, President) prior to the City Council meeting of 11-16-94.
Applicant will provide staff with a copy of the new deed along with a
notarized letter from the title company stating that the transaction has
closed and is in the process of being recorded. Applicant will also
provide staff with a revised application for minor subdivision to reflect
the change of ownership.
~COMME____ND~E~ ACTION
Move to approve Resolution No. R-94-63.
RESOLUTiO__NNO___~. R-94-6______~3
A RESOLUTION OF THE CITY OF. SEBASTIAN, INDIAN RIVER
SUBDIVISIoNCOUNTY' FLORIDA,.PERTAINING TO THE ACCEPTANCE OF A MINOR
PLAT, ACCEPTING THE MINOR SUBDIVISION PLAT
OF SEBASTIAN ACRES, CONSISTING OF 5.35 ACRES, ~ORE OR
LESS, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 3~
EAST, CITY OF SEBASTIAN, INDIAN RIV~F~. COUNTY, FLORIDA,
DIRECTING THE MAYOR TO SIGN THE PLAT, DIRECTING THE CITY
CLERK TO PRESENT THE PLAT TO TH, CLERK OF THE CIRCUIT
COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH,--PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, E & E Development of Sebastian, Inc., owns
certain real property located within the corporate limits of
the City of Sebastian; and
WHEREAS, E & E Development of Sebastian, Inc., desires
to develop a minor subdivision on a portion of its real
property lying in Sebastian, Indian River County, Florida;
and
WHEREAS, E & E Development of Sebastian, Inc, has
submitted a proposed minor subdivision to the City for its
approval; and
WHEREAS, the minor subdivision plat submitted meets all
requirements as set forth in Section 20A-16.3 of the Land
Development Code of the City; and
WHEREAS, the minor subdivision plat bears a Certificate
of Dedication, Certificate of Title, and Certificate of
Surveyor; and
WHEREAS, a Professional Engineer consulting for the City
has determined that all required improvements meet the
_
provisions of the Land Development Code of the City, and ~
WHEREAS, the minor subdivision plat has been reviewed by
the Professional Engineer and the City Attorney, with all
their comments duly noted and corrected on the plat; and
WHEREAS, all other conditions precedent to approval of
plat have been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O~
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that.
Section 1~ PLAT APPROVAL. The plat of Sebastian
Acres, as prepared by James A. Fowler, a Florida registered
surveyor, bearing Certificate of Dedication dated November
16, 1994, is hereby approved due to its compliance with
Section 20A-16.3 of the Land Development Code of the City of
Sebastian.
Section 2. SIGNING OF THE PLAT. The Mayor is
directed to sign the plat.
Section 3. .' RECORDING OF THE PLAT. The City Clerk is
directed to present the plat to the Clerk of the Circuit
Court for Indian River County, Florida, for recording in the
Public Records of Indian River County, Florida.
Section 4. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part
of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it
shall be presumed that the City Council of the City of
2
Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that
the City Council would have enacted the remainder of this
Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full
force and effect.
Section 6__. EFFECTIVE DATE. This Resolution shall
take effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember . The motion was seconded
by Councilmember and, upon being put to
a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum ~
Councilmember Norma J. Damp ~
Councilmember Robert Freeland ~
Councilmember Francis J. Oberbeck ~
The Mayor thereupon declared this Resolution duly passed
and adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
By: __ ~ _
. Arthur L. Firtion
ATTEST. Mayor
City Clerk
(SEAL)
Approved as to Form and Content:
City Attorney 3
1225 MAIN STREET
.
Application No: ~ Date_ /.__~-~'"~'i ?__~_~
Owner Atlanti~c Gulf~ Phone_ 388-55~0L__
Address 182 Delmonte Road, Sebastian, Fl. 32958
Subdivision Name Sebastian Ac[es
Section 23 Township 31 South Range 38 East
ProtectSurvevor James A. Fowler FlaState# 3435
Pro~ect Engineer Fla State #
Zoning Classification RS 10 Land Use Residential
Site Size~s Minimum~
Development
Proposed Units_ per Acre Number of. Lots.
The followmng attachments shall accompany thms application:
1. A copy ?f the. Owner's Recorded Deed.
2. If applicant ~s o~her than the owner, a sworn statement
of authormzatlon Ks required.
3. Twelve (12) copies of all plans. (Three initially for
r~vlew purposes:
4. Fmnal plat requires compliance with Section 20A-16.3
. .
of the Land Development Code, Cmty of Sebastian
5. Existing legal description. ~ . ~.
FEE SCHEDULE
THE FEE FOR A MINOR SUBDIVISION IS $100.00 AS SET FORTH BY
RESOLUTION NO. R-88-06.
WAIVER AND CONSENT
I/We, the owner(s) of the property located atBevin Dr. & Lacoqia St.~
Sebastian, Indian River County, Florida, (the "Property"), hereby
authorize each and every member of the Board/Commission
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 Minor Subdivision
(the "Proceeding").
I/We 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 me/us .voluntarily and
not as a result of any coercion applied, or promises made, by any
I employee, agent, contractor or official of the City of Sebastian.
19 9 ~.
Dated this _~_. ~ day of ,
SW~N to and subscribed before me this ~ day of
My Commission Expires:
Not'ary PuBlic
KATHRYN A. NAPPI
MY COI~IdlSSION f CO 229406 EXPIRE8
Set~mber 20. 1996
ATLANTIC GULF
C O M M U N I T I £ S
August 23, 1994
Jay R. Rust
Sal~ Coordinator · National Land Sales
2601 S. Bayshore Drive
Ivliami, FL 33133-5461
Tel. 3051859-4242 · Fax 305/859.4524
Bruce Cooper
city of Sebastian-Building Dept.
P.O. Box 780127
Sebastian, Fl. 32958
RE: Authorization to Subdivide Property/ Sebastian Unit 13 Tract C
and Unit 17 Tract L.
Dear Mr. Cooper,
Atlantic Gulf Communities is in the process of selling the above
referenced properties to John King and E&E Development. One of the
contingencies of the sale is that the Buyer would be able to
subdivide these tracts into smaller single family lots. This
letter is to authorize John King as our agent, only for the purpose
of pursuing written authorization to subdivide the above mentioned
tracts of land owned by Atlantic Gulf Communities Corporation.
If you have any questions or require any additional information
please do not hesitate to call. Your help is greatly appreciated.
Sincerely,
Jay Rust
CC'
J. Heggy
S. Kupperman
G. Kulczycki
J. King(Buyer)
State of Florida
County of Dade
The foregoing was acknowledged before me this 23rd day of August, 1994.
is personally known to me.
HANNAH L WILSON
COMb11SSlON EXP.
He
DIVISION V. SUBDIVISION OF LAND
ARTICLE XVI. ADMINISTRATION AND PROCEDURES
Sec. 20A-16.1. Applicability.
A. Purpose. The purpose of this division is to assist implemen.
tation of the of Sebastian establish-
City
comprehensive
plan
by
lng procedures and standards for the development and subdivi-
sion of real estate within the cit3'in an effort to, among other
things, ensure legal description, identification, monumentation
proper
and recording of rea] estate boundaries; aid in the coordination of
land development in the City of Sebastian in accordance with
orderly physical patterns; discourage haphazard, premature
uneconomic or scattered land development, ensure safe and con-
venient traffic control; encourage development of an economi-
cally stable and healthful community; ensure adequate utilities;
prevent periodic and seasonal flooding by providing protective
flood control and drainage facilities; provide for management
and/or protection of water resources; provide public open spaces
for recreation; ensure land subdivision with installation of adc-
quate and necessary physical improvements; ensure that the citi-
zens and taxpayers of the city will not have to bear the costs
resulting from haphazard subdivision of land and the lack of
authority to require installation by the developer of adequate
and necessary physical i~provements: and ensure to the pur-
chaser of land in a subdivision that necessary improvements of
lasting quality have been installed.
B. No subdivision of tract of land
Conformance
anywhere in the' incorporated area of the city shall be created
except in conformance with this division. No subdivision shall be
platted recorded shall building permit be issued un-
or
nor
any
less the subdivision meets all the applicable laws of the State of
Florida and has been approved in accordance with the require-
merits of the city as herein established.
C. Major and m£nor subdivisions. All future subdivisions of
land within the corporate limits of the City of Sebastian shall be
1099
§ 20A-16.1. SEBASTIAN LAND DEVELOPMENT CODE
classified as being a "major" or "minor" subdivision, a~ defined
herein, and shall be subject to the regulations of this code as they
apply:
1. Minor subdivision. Any subdivision of land meeting the
following conditions: (1) having four (4) lots or less on an
existing street or road; (2) does not require construction of
a new street or road; or (3) does not require an extension of
any off-site improvements.
2. Mojor subdivisio,. Any subdivision not classified as a minor
subdivision.
D. Adjustrr, ents. After consideration and recommendation by
the planning and zoning commission, the city council may autho-
rize adjustments from this chapter when in its opinion undue
hardship may result from strict compliance. In granting any
adjustment, the city council shall prescribe only conditions that
they deem necessary to or desirable for the public interest. In
making its findings, the council shall take into account the na-
ture of the proposed use of land and the existing use of land in the
vicinity, the number of persons to reside or work in the proposed
subdivision and the probable effect of the proposed subdivision
uPOn traffic, the public health, safety and convenience conditions
in the subdivision and in the vicinity thereof. A fee schedule may
be established by' resolution of the city council.
E. Recording of plats. No final plat of any subdivision shall be
entitled to record in the office of the clerk of the circuit court
until it shall have been approved in the manner prescribed here-
in. If any [unapproved] plat is recorded, the city couucil will
request that it be stricken from the records.
F. Unlawful sale or transfer of property. It shall be unlawful
for anyone who is the owner or agent of the owner of any land in
the City of Sebastian to transfer, sell, agree to sell, convey, or
negotiate to sell such land by reference to, exhibition of or other
use of a plat of a subdivision of such land without having re-
corded an approved subdivision plat is required herein. H such
unlawful use is made of a plat before it is properly approved and
recorded, the owner or agent of the owner of such land shall be
1100
SUBDIVISION OF LAND § 20A-
Sec. 20A-16.3. Minor subdivision procedures.
A. SubmLssioa of plat of record. Any subdivider desiring to
create a minor subdivision, as defined in subsection 20A-16.1(C)
herein, shall submit to the city engineer two (2) copies of a plat of
record for the proposed subdivision in conformance with the regu-
lations herein, as prepared by a land surveyor any
anal
other
requirements of Chapter 177, Florida Statutes:
1. Required content. All plats of record for minor subdivisions
shall be clearly and legibly drawn at a scale of not smaller
than one inch equals two hundred (200) feet and shall
include the following information and any other require-
ments of Chapter 177, Florida Statutes:
(a) The name and address of the owner of the property
being subdivided.
Co) The name and address of the land surveyor who pre-
pared the plat and date of preparation.
(c) All dimensions, expressed in feet and decimals of a
foot, and the North point along with a graphic scale.
(d) The boundaries of the property being subdivided and
of all resulting lots, s~owing all bearings and dimen.field.
sions as determined b~ an accurate survey in the
(e)The location and description of all permanent monu-
ments, set at such critical points and so interconnected
and dimensioned that any registered surveyor
land
can layout lots in the subdivision correctly by refer-
ring to the plat along without any additional information.
The location and ownership of all adjoining property
(D
and the location, names and widths of all adjoining
streets and easements.
(g) The names, location and widths of an~ areas'to be
dedicated to public use and any easements to be dedi-
cated for the installation of utilities, all fully dimen-
sioned and identified.
(h) A key map, showing the relative location of the pro-
posed subdivision to the nearest existing arterial street
intersection and the section, township and range and
tie-in to the nearest section corner.
(i)All signatures shall be made in Indian ink on all
prints of the original plat being submitted.
1103
§ 20A-16.-~.SEBASTIAN LAND DEVELOPMENT CODE
ii) The city council--s certificate of approval shall be on
the page of the record which contains the drawing.
2. Fee. Upon submitting the plat of record, the applicant
shall include a fee, which shall be determined by resolu-
tion of the city council, payable to the City of Sebastian.
B. Review procedures. The city engineer shall coordinate the
review of the plat of record for a proposed minor subdivision
within a time period to be determined by resolution of the city
council. The city engineer shall inform the developer's engineer
that the subnAtta] does or does not meet the provisions of this
chapter:
(a) Copies of the plat of record shall be distributed to the
planning and zoning commission and the city council.
(b) Subsequent to recommendations made by the city engineer
and the planning and zoning commission, the city council
shall approve the development as a minor subdivision or
require the applicant to proceed under the provisions here-
of governing major subdivisions.
C. Filing of the plat. Upon city council approval, the plat of
record for the minor subdivision shall be filed by the applicant
with the city clerk within one hundred ninety (190) days from the
date of approval. Failure to file within one hundred ninety (190)
days shall void said subdivision approval.
cedures.- '
Sec. 20A-16.4. M~or subdivision pr~
A. Optional pre-application procedurcs. Prior to making appli-
cation for preliminary plat approval as specified in subsection
20A-16.4(B), the applicant for subdivision approval may meet
with the city engineer or designated staff review committee (col-
lectively hereinafter referred to as staff) to discuss, informally,
preliminary studies and sketches and their relationship to these
-'-" regulations. This procedure is not mandatory; however, the pro-
cedures provide an opportunity for the applicant to receive staff
assistance and advice prior to expending funds for preparing a
preliminary plat. Applicants wishing to make pre-application
shall be subject to the procedures as provided herein:
1104
MASTELLER & MOLER, INC.
~ CONSULTING ENGINEERS ~
October 6, 1994
Mr. Bruce Cooper, Building Official
City of Sebastian
Post Office Box 127
Sebastian, F1 32958
'RE:
Prelimiary Plat of Sebastian Acres
City of Sebastian, FL
Dear Bruce:
In accordance with your request, i have reviewed the
referenced plan consisting of one (1) sheet prepared by James
A. Fowler and dated September 1, 1994. The proposed project
site is 5.35 acres,and is located at the intersection of
Laconia Street and Bevin Drive. Both streets have been
improved. The proposal is to divide this 5.35 acre site into
four (4) individual building lots, each with a minimum lot size
of 52,430 SF per the plan. The subdivision of one lot into
four lots or less qualifies this referenced proposal as a
"Minor Subdivision." As such, I have reviewed this Minor
Subdivison as compared to the Sebastian Land Development Code
Section 20A-16.3. i offer the following comments for your
consideration:
graphic scale should be added to the plan.
2. The ownership of all adjoining property (lots #1 thru
#4 and Lots #23 thru #29 of Block 326) should be added to
the plan.
It is my recommendation that this plat be approved subject
to the above commem~.s b~J.ng added to the plan.
Very truly yours,
MASTELLER & MOLER, INC.
President
EHM/vk
File #9479HA
(bc100694)
;,,,, 1623 N. U.S. Highway 1, Suite B2
Sebastian, FL 32958
7380 Murrell Road, Suite 106
(407) 589-4800
(407) 589-2742 Fax
Melbourne, Florida 32940
(407) 255-1175
(407) 253-4439 Fax ~
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICE~
HRS - INDIAN RIVER COUNTY PUBLIC HEAL'I~H UNIT
ENVIRONMENTAL HEALTH TELEPHONE (407) 776-6321
1900 27TH STREET SUN-COM 240-~321
VERO BEACH. FL 32960 FAX 778-6303
INTEROFFICE MEMORANDUM
October 19, 1994
TO:
FROM:
Bruce Cooper
Sebastian Building Department
D. A. 11en Watters ~~'~
Environmental Spedi;alist II
HRS-Indian River County Public Health Unit
SUBJECT:
Sebastian Acres Subdivision
Tract C, Sebastian Highlands, Unit 13
Indian River County, Florida
The proposed subdivision meets the minimum lot size
requirements in accordance with Chapter 381 Florida Statutes
and Chapter 10D-6 Florida Administrative Code for single
family homes served by private water and individual onsite
sewage disposal systems.
We have no further comments.
LAWTON CHILES, GOVERNOR
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
October 21, 1994
Mayor, City Council
Dorri Bosworth, Secretary
Planning and Zoning Commission
Minor Subdivision Application
Tract C, Sebastian Highlands Unit 13
At its regular meeting of October 20, 1994, the Planning and Zoning
Commission passed a motion to recommend to City Council to approve
the minor subdivision plat (Sebastian Acres) prepared by James A.
Fowler for John King (agent for Atlantic Gulf) dated 9/1/94,
revised 9/29/94, label 3162-B.
This approval is subject to the conditions outlined in a letter
from Masteller & Moler dated October 6, 1994.
The Planning and Zoning Commission would also. like the City Council
to be aware of their concerns of the drainage situation in that
area, present and future, with regards to the development of this
proposed minor subdivision.
: db
11-0 -94 02:I9PM FROM POTTER, MOCLELLAND P02
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TO: BRUCE cooPER I
· I have reviewed the above plat and have the following I
comments:
w/,1. There is a ty~o~ra~hical error zn the surveyor's I
certaficate, which e~ates "... certlfy~heon November 1, 1994..."
2. The certifacate states that the survey was completed on i
November 1, but the annotation below notes that it was prepared on
Ocuober 25th. . i
/3. The first No=ice states that no constructaon, trees, or
.hrub, will be place~ in the e~.ement, without ~ approval. I
/ 4. We suggest that the Caty certify that it has accepted the I
easement, dedicated to it. The followin~ language could be used:
. CERTIFIT. OF ACCEPT~. CE OF DEDICATION I
This as to certify that the Caty Council of Sebastian,
Florida, accepts all easements dedicated for publac use I
of this plat.
Attest: .... ~ May~x I
CitY~lerk I
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/ 5. The certifzcate of approval by the Czty Council sta~es
that we as City Attorneys certify that all documents and suretzes
relating to the plat have been reviewed and approved; this is not
required by the statute or ordinance and should be dele%ed.
' 6. The following language should be deleted from the
Certificate of Dedication:
Approved clrxveways may cross these easement~
where they abut ro~d right-of-way.
This would be covered by ordinance.
P. O. BOX 1677
VERO BEACH, FL 32961-1677
PHONE: (407) 562-4744
FAX: (407) 562-0963
JAI ES A. FO LEE
Land Surveying
Company
THE BOUNDARY HUNTER
November 8, 1994
Timothy M. Williams, Esquire
Potter, M¢Olelland, Marks & Healy, P.A.
Sebastian, Fl 32958
RE: SEBASTIAN ACRES
Dear Mr. Williams:
1994.
Attached herewith please fred the revised plat of Sebastian
Said plat was revised per your memo to Brace Cooper dated November 7,
Rcgarding Note # 2, please be adviscd that we actually prepared thc plat
on October 25, 1994 and I completed the monumentation in the field on
November 1, 1994. State plat law states that I have to date the plat the day the
survey was completed and the actual day the survey was prepared.
Sincerely,
S A. FOWLER, L.S. ~--~'- '
JAF/cet
City oJ Sebastian
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589~5570
- -±± REGARDING GMC )-
AND MCR ZONING DISTRICTS ) Dept. Origin: Community Development
) (BC
) Date Submitted: 11/09/94
)
Approved For Submittal By: ) For Agenda Of: 11/16/94
)
City Manager ~/~.~ ) Exhibits: Ordinance 0-94-11
)
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
SUMMARY STATEMENT
At their regular meeting of October 12, 1994, the City Council approved
the first reading of Ordinance 0-94-11 to amend the GMC and MCR Zoning
Districts to allow parking lots (without structures) as a conditional use
and to amend the MCR Zoning District to allow ~ait and tackle shops as a
conditional use. A public hearing was set for November 16, 1994.
RECOMMENDED ACTION
Move to adopt Ordinance 0-94-11.
ORDINANCE NO. 0-94-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A,
SECTION 20A-6.1 C. 17. a. OF THE CITY OF
SEBASTIAN LAND DEVELOPMENT CODE TO INCLUDE
BAIT AND TACKLE SHOPS AS A CONDITIONAL USE IN
THE MARINE COMMERCIAL AND RESIDENTIAL
DISTRICT; AMENDING CHAPTER 20A, SECTION
3.11 C. OF THE CiTY OF SEBASTIAN LAND
DEVELOPMENT CODE TO PERMIT PARKING LOTS
WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS
A CONDITIONAL USE IN THE GENERAL MARINE
COMMERCIAL DISTRICT; AND AMENDING CHAPTER 20A,
SECTION 20A-3.12 C. OF THE CITY OF SEBASTIAN
LAND DEVELOPMENT CODE TO PERMIT PARKING LOTS
WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS
A CONDITIONAL USE IN THE MARINE COMMERCiALAND
RESIDENTIAL DISTRICT; AMENDING CHAPTER
SECTION 20A-6.1 C. OF THE CITY OF SEBASTIAN
LAND DEVELOPMENT CODE TO ADD AN ADDITIONAL
SUBSECTION (33) TO PERMIT PARKING LOTS WITHOUT
BUILDINGS OR STRUCTURES ON THE LOTS AS A
CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT AND IN THE GENERAL MARINE
COMMERCIAL DISTRICT OF THE CODE OF ORDINANCES
OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING
FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
THE INCLUSION OF THIS ORDINANCE IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
FLORIDA; PROVIDING A SEVERABILiTY CLAUSE;
PROVIDING FOR RATIFICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has determined that it is. in the public interest to permit bait and
tackle shops in the Marine Commercial and Residential District as
a conditional use and to permit the utilization of lots or parcels
for off-street parking without a building or structure on the lot
or parcel; and
WHEREAS, the city Council of the city of Sebastian, Florida,
finds that Section 20A-6.1 C. 17. a. of the Code of Ordinances,
City of Sebastian, Florida, should be amended to include bait and
tackle shops as 'a conditional use in the Marine Commercial and
Residential District; and
WHEREAS, the City Council of the City of Sebastian, Florida,
finds that Section 20A-3.11 C. of the Code of Ordinances, City of
Sebastian, Florida, should be amended to include parking lots
without buildings or structures on the ~ots as a conditional use in
the General Marine Commercial District, and
WHEREAS, the City Council of the City of Sebastian, Florida,
finds that Section 20A-3.12 C. of the Code of Ordinances, City of
Sebastian, Florida, should be amended to include parking lots
without buildings or structures on the lots as a conditional use in
the Marine Commercial and Residential District; and
WHEREAS, the City Council of the City of Sebastian, Florida,
finds that Section 20A-6.11 C. (33) of the Code of Ordinances, City
of Sebastian, Florida, should be added to include parking lots
without buildings or structures on the lots'as a conditional use in
the Marine Commercial and Residential District and in the. General
Marine Commercial District.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL ~F THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows.
Section 1. That Chapter 20A, Section 20A-6.1 C. 171. a. of the
Code of Ordinances, City of Sebastian, Florida in the City of
Sebastian Land Development Code is hereby amended to read as
follows:
Sec. 20A-6.1 C. 17. Marine Commercial Activities.
a. Applicable zoning districts. The following commercial
activities shall be permitted conditional uses within the MCR
zoning district:
(1) Restricted
convenience
accessories.
(2) Restaurants -and lounges, excluding drive-in and
fast food facilities.
goods and marine
(3) Commercial wet storage and boat rental.
(4) Commercial dry storage.
(5) Business and professional offices.
(6) Marine fuel sales.
(7) Waterfront related,community facilities, including
sanitary pumpout facilities.
(8) Yacht clubs.
(9) Bait and tackle Shops.
(10) Other similar uses.
Section 2. That Chapter 20A, Section 20A-3.11 C. of the Code
of Ordinances, City of Sebastian, Florida in the City of Sebastian
Land Development Code is hereby amended to read as follows:
C. Conditional uses. In this district as a conditional use
a building or premises may be used for only the. following
conditional uses upon compliance with applicable conditions stated
in Article VI and all other applicable provisions of this code,
including site plan review and performance criteria. The planning
and zoning commission shall ascertain if such conditions and
3
provisions are satisfied. Appeal of such decisions by the planning
and zoning commission shall be heard by the city council.
Conditional uses: Waterfront or marine related specialty
shops, home occupations, restaurant and lounges (excluding drive-in
and fast food facilities), boat rental, marine fuel sales, yacht
clubs, business and professional offices, public and private
utilities, public protective and emergency services, hotels,
motels, cultural and civic activities, public or private not-for-
profit clubs, public parks and recreation areas, ~a~ing lot~~s
without buildings or structures on the lot, and accessory uses.
Section 3. That Chapter 20~ ~'~"~n 20A-3.12 C. of the Code
of Ordinances, City of Sebastian, Florida in the City of Sebastian
Land Development Code is hereby amended to read as follows:
C. Conditional uses. In this district a building or
premises may be used for the following conditional uses upon
compliance with all applicable conditions stated in Article VI and
all other applicable provisions of this code, including site plan
review and performance criteria. The Rlanning and zoning
commission shall ascertain if such conditions and
provisions
are
satisfied. Appeal of such decisions shall be heard by the city
council.
Conditional uses: Bars and lounges, waterfront general
commercial activities, public parks and recreation, public and
private utilities, public protective and emergency services,
hotels, motel and transient quarters, parking, lots without a
building or structure on the lot, and accessory uses.
Section ~ That the Code of Ordinances, City of Sebastian,
Florida in the City of Sebastian Land Development Code is hereby
amended by adding to Chapter 20A, by adding a Section to be
numbered Section 20A-6.0 C. 33. which shall read as follows:
33. Parking Lots
a. Applicable zoning districts. Parking lots without
a buildi?g or structure on the lot or parcel shall
be permitted, as a c~nditional use within the
following zoning distr~cts: Marine Commercial and
Residential District and the General Marine
'"'~: Commercial District. A structure for the purpose
.· of this Section means an edifice or building of any
~/ kind- '
b. Conditional use criteria. Parking lots· without a
building or structure on the lot or parcel will be
allowed in the Marine Commercial and Residential
District and the General Marine Commercial District
provided the following conditions are met: ·
(1) A site plan must be submitted and approved by
the Planning and Zoning Commission in
accordance with Article X of the Land
Development Code. ~
t (2) All parking lots mUst be landscaped in
i~ accordance with Article XIII of the Land
~ Development Code.
Section ~ Ail provisions of the city of Sebastian Land
Development Code which are not specifically amended by this
Ordinance are hereby ratified and confirmed.
Section 6. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed. If any provision of this Ordinance
is held to be invalid or unenforceable by a court of competent
jurisdiction, the other provisions of this Ordinance shall remain
in full force and effect.
Section 7. It is the intention of the City Council of the
City of Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this Ordinance shall become and be
made a part of the Land Development Code of the City of Sebastian,
Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intention; and the word "ordinance"
may be changed to "section", "article" or other appropriate words
to accomplish such intention. ·
Section 8. This Ordinance shall become effective immediately
upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY 'OF , 1994.
PASSED AND ADOPTED BY T--~-CITY COUNCiL"'6F THiS CITY"~F sEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF
, 1994.
The foregoing Ordinance was moved for adoption by
Councilmember The motion was seconded
by Councilmember and, upon being
into a vote, the vote was as follows:
Mayor Arthur L. Firtion ....
Vice Mayor Carolyn Corum ....
Councilmember Norma J. Damp ....
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck ~--- --~ ~
The Mayor thereupon declared this Ordinance duly passed
adopted this ~ day of .... , 1994.
CITY OF SEBASTIAN, FLORIDA
By: ......
Arthur L. Firtion, Mayor
ATTEST:
(Seal)
Approved as to Form and Content:
City Attorney ,
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ORDINANCE NO. 0-94-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A,
SECTION 20A-3.12 OF THE CITY OF SEBASTIAN LAND
DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE
MAXIMUM BUILDING HEIGHT IN THE GENERAL MARINE
COMMERCIAL DISTRICT TO PERMIT A MAXIMUM
BUILDING HEIGHT OF 35 FEET ON THE WEST SIDE OF
INDIAN RIVER DRIVE AND RETAINING A MAXIMUM
BUILDING HEIGHT OF 25 FEET ON THE EAST SIDE OF
INDIAN RIVER DRIVE WITHIN THE GENERAL MARINE
COMMERCIAL DISTRICT,-- PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION
OF THiS ORDINANCE IN THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR
RATIFICATION,~ AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has determined that all zoning districts adjacent to Indian River
Drive other than the General Marine Commercial District allow
maximum building heights of 33 feet west of Indian River Drive; and
WHEREAS, the City Council of the City of Sebastian, Florida,
finds that it would be in the best. interest of the City that
Section 20A-3.12 of the Code of OrdInances, City of Sebastian,
Florida, be amended to permit a 35 foot maximum building height
west of Indian River Drive,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Chapter 20A, Section 20A-3.12 of the Code of
Ordinances, City of Sebastian, Florida, in the City of Sebastian
Land Development Code is hereby.amended to read as follows:
Sec. 20A-3.12. GMC, General Marine Commercial District.
A. Purpos~ ~.nd intent. The GMC, General Marine Commercial
District, is established to implement comprehensive plan policies
for managing land designated for marine waterfront commercial
development.
B. Permitted uses. In this district, as a permitted use, a
building or premises may be used for only the below stated uses.
All applicable provisions of this Code shall be satisfied,
including site plan.review and performance criteria.
Permitted uses. Wet or dry storage of boats, boat sales and
rental, marine power sales and service, bait and tackle shops,
business and professional offices, restaurants (excluding drive-
ins), fish markets, marine related specialty retail sales and
services, yacht clubs, medical services and accessory marine
related uses.
(Ord. No. 0-93-01, § 35, 2-24-93)
C. Conditional uses.~ In this district a building or
premises may be used for the following conditional uses upon
compliance with all applicable conditions stated in Article VI and
all other applicable provisions of this code, including site plan
review and performance criteria. The planning and zoning
commission shall ascertain if such conditions and provisions are
satisfied. Appeal of such decisions shall be heard b~ the city
council. .
Conditional uses. Bars and lounges, waterfront general
commercial activities, public parks and recreation, public and
private utilities, public protective and emergency services,
hotels, motel and transient quarters, and related accessory use .
D. ~esidential uses as special uses. This district is
intended principally to accommodate marine related waterfront
commercial needs of the city. Nevertheless, residential uses as
specified may be permitted as a special use permit if approved by
the city council based on compliance with general criteria
regulating special use permits pursuant to section 20A-2.6 and all
applicable provisions of this code, including site plan review,
performance standards and special criteria cited below:
1. Density: The density shall not exceed twelve (12) units
per acre. Land in nonresidential land use shall not be
used in calculating residential density.
2. Minimum green area: The minimum green space shall be
fifty (50) percent of the land use for residential uses,
the same as for any other use within the GMC district as
stated in subsection 20A-3.12(E) (6).
3. Minimum living area: The minimum floor area required for
a single-family dwelling, excluding porches, terraces,
attached garages, carports and other unenclosed areas,
shall be one thousand (1,000) square feet.~
Every single family dwelling unit shall be required to
provide a garage or carport. If a carport ~r similar
unenclosed Vehicle storage structure is provided then the
principal structure shall contain a fully enclosed
utility storage area of at least sixty (60) square feet
which shall be designed as an integral part of the
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principal structure. If a fully enclosed garage is
provided, then no utility structure shall be mandated.
Duplex. 750 square feet per unit; efficiencies: six
hundred (600) square feet per unit; one bedroom unit:
seven hundred (700) square feet per unit; two (2) bedroom
unit: eight hundred fifty (850) square feet per unit;
three (3) bedroom unit: one thousand (1,000) square feet
per unit; and each additional bedroom: add one hundred
(100) square feet per bedroom addition.
Minimum side yard setback: A side yard setback of
fifteen (15) feet is required.
Minimum distance between residential structures on the
same lot: 20 feet.
Parking and internal circulation: All off-street parking
requirements of section 20A-8.2 shall be complied with by
both nonresidential and residential uses.
Size and dimension criteria:
Minimum lot size: None; except ten thousand (10,000)
square feet for new subdivisions approved subsequent to
the adoption of this ordinance.
Minimum lot width: None, except sixty-five (65) feet for
new subdivisions approved subsequent to the adoption of
this ordinance.
3. Maximum building height:
(a) East side of Indian River Drive: Twenty-five (25)
feet. .
(b) West side of Indian River Drive. Thirty-five (35)
feet.
4. Minimum building setbacks from property lines.
(a) Front yard: 25 feet; provided, however, that the
City Council may grant a waiver of this requirement
up to a minimum of fifteen (15) feet on lots
fronting the Indian River where it is impractical
and unreasonable to accommodate such a setback due
to the narrow depth of the upland area measured
from the front property line to the mean high water
line. Notwithstanding anything to the contrary in
the foregoing, this provision is not intended to
waive the off-street parking and on-site back-up
and turnaround area requirements of section 20A-8.2
of this Code.
(b) Rear yard: 15 feet.
(c) Side yard: 15 feet. ~
(Ord. No. 0-93-01, § 24, 2-24-93)
5. Maximum building coverage: 30 percent.
6. Minimum green area: 25 percent for nonresidential
development and fifty (50) percent for residential uses.
Where residential and nonresidential development is to be
located on the same site, the following pro rata open
space requirement shall be enforced:
OS = (NRA x .25 TA) + (RAx .5 TA)
( TA ) )
(Ta
os = open space
NRA = Nonresidential acreage
RA = Residential acreage
TA = Total area
Section 3~ All provisions of the City of Sebastian Land
Development Code which are not specifically amended by this
Ordinance are hereby ratified and confirmed.
Section 4. All provisions of the .City of Sebastian Land
Development Code which are not specifically amended by this
Ordinance are hereby ratified and confirmed.
Section 5. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed. If any provision of this Ordinance
is held to be or by a
unenforceable
invalid
court
of
competent
jurisdiction, the other provisions of this Ordinance shall remain
in full force and effect.
Section 6. It is the intention of the City Council of the
City of Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this Ordinance shall become and be
made a part of the Land Development Code of the City of Sebastian,
Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intention; and the word "ordinance"
may be changed to "section", "article" or other appropriate words
to accomplish such intention.
Section 7. This Ordinance shall become effective immediately
upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF , 1994.
PASSED AND ADOPTED BY T---~-CITY COUNC-~--O~-T~OF~BASTiAN,
FLORIDA, ON SECOND 'AND FINAL READING, THIS DAY OF
, 1994. -- .
The foregoing Ordinance was moved for adoption by
Councilmember . The motion was seconded
by Councilmember and, upon being put
into a vote, the vote was as follows:
Mayor Arthur.L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
City Attorney
7
1225 MAIN
RIDA 32958
I TELEPHONE (07) 589-5330 u FA (407) 589-5570
I AGENDA FORM
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I SUBJECT. ) Agen a . -
Resolution No. R-94-64 )
Vacation of Easement ) Dept. Origin: City Cler~'
)
) Date Submitted: 11/08/94
I Approv~.~ for Submittal ~ )
) For Agenda of: 11/16/94
I
. ~,~ ) Exhibits: R-94-64
city Manager~,/_~w' ) Application
I ~ ) Survey
) Letters of no
) objection from
I ) Utilities
i EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: N/A ' BUDGETED: N/A REQUIRED: N/A
I SUMMAR~Y STATEMENT ._
I The City of Sebastian has been requested to grant approval for an
abandonment of easement for the Northwest five feet of Southeast
twenty foot Public Utility and Drainage Easement of Lot 81, Block
i 299, Sebastian Highlands Unit 11.
Staff and the Utility Companies have been notified and have no
i objections to the request. .
RECOMMENDED ACTION
I Move to approve Resolution No. R-94-64, abandonment of easement
for the Northwest five feet of the Southeast twenty feet of Lot 4,
IBlock 299, Sebastian Highlands Unit 11.
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RESOLUTION NO. ~-6~ '
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTHWEST FIVE FEET OF THE SOUTHEAST
TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, OF
LOT 81, BLOCK 299, SEBASTIAN HIGHLANDS UNIT_ 11,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7 55J,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
.
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH,~ PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
Section 1. VACATION OF EASEMENT. The city of Sebastian,
Indian River County, Florida, does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The Northwest five feet of the Southeast twenty foot
Public Utility and Drainage Easement of Lot 81, Block
299, Sebastian Highlands Unit 11, according to the plat
thereof, recorded in PBI 7-56J, of the Public Records
of I?dian River County, Florida. .
Section 2. REPEAL. All resolutions or parts of resolutIons
in conflict herewith are her&by repealed.
Section 3. RECORDING. This resolution shall be recorded in
_
_
the public.records of Indian River County, Florida.
Section 4. EFFECTIVE DATE. This resolution shall be in
full force and effect immediately upon its passage.
The foregoing Resolution was moved for adoption by
Councilmember ___ _. The motion was seconded by
Councilmember ~_ and, upon being put to a vote, the
vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Francis J. Oberbeck
Councilmember Norma J. Damp
Councilmember Robert J. Freeland
. The foregoing Resolution was duly passed and adopted by the
City Council of Sebastian, Florida, this day of
__~, 19~. ~
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtio~ay0r
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in Indian River County, Florida, to
take acknowledgements, personally appeared Arthur L. Firtion
and Kathry.n M. O'Halloran known to me to be Mayor and City
Clerk respectively, and ne~?~r ~ them took an oath.
WITNESSmy hand and seal in Indian River Cou-nty, Florida, the '
day of , 19 .
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires:
Approved as to Form and content:
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26 SEPTEMBER 1994 I
DEAR SIR:
PLEASE ACCEPT THIS LETTER AS NY AUTHORIZATION TO PERMIT I
HILLIAN BALLOySH TO ACT ON NY BEHALF WITH RESPECT TO OUR REQ ES
TO ABANDON 10 OF EASEMENT ON LOT 81 BLK 299. m
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(This ~ shall ~o be ~ unless c~omplete~ tn full[ '-~
ADDRESS=
TELEPHONE NO f407-589-7472 TYPE OF ENTITY:* .... i~iv!du~l .
LEGAL DESCRIPT[ON OF REAL PROPERTY ON WiIICH EASEMENT EXISTS=
Lot 81 Blk 299 ~it 11 ~tian Bights . . .
(Afta~'h d~Cr~ption on a~tac~e~t i~ necessarY) " '
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED=
(This item to be fflledf~y Building Official)
TYPE OF EASEMENT:
APPROXIMATE SIZE OF EASEMENT: ~*~feet fn length~in width
.
PURPOSE FO~ REQUEST TO VACATE.~
to ~ild a ~i~ing ~1
(~xpiaf~ tn"'de~il 'your need to re'~eaae this easement)-.
I IlER~ CERTIFY that ~, the Applicant, own the real property on
which ~e eese~ent [ request to vacate exists, or I ~m authorfze~
to p~ent this regueat toe,cate by the owner of the reel
~lea~e p~int''Name Here
Attach hereto the follow~ng= '
( ) 1. Map, plat, su~ey, or clear drawing at least 8 1/2 x 11
showing the parcel of land on which the easement ex~sts,
with parcel(s) of lend adjacent to the easement requested
to be vacated. SilOW TILE gASEM~T ChEmRaY ON DR~WING.
( ) 2~ Complete legal description of the parcel of land on ~h~ch '
(N/A) the easement ex~sts if ~he full deecrlp~ion canmot be
placed on the lines provided above ~or the description.
( ) 3. Written authorization of the owner of the parcel of lend
(N/A) on which the easement exists if the applicant is not the
owner.
( ) 4. IF IT IS NECESSARY TO GE~T BACK ANOTI[ER EASEMENT TO
N A) REPLACE Tile EASEMENT THAT [S TO BE VACATED, ATTACH A DEED
( / OF EASEMENT TO ACCOMPLISI[ THE DEDICATION ~F TIlE NEW EASEMENT.
( ) 5. At~ach a check or money order payeble to The City of
Sebastian" upon submittal of this ~pplfcation to the
Office of the City Clerk. This application fee fs not
~ --~ - _ ...... - -~'.~/
~ / II ~v~ =~.2~' '-~ ~.~
BOUNDARY SURVEY ~
LOT 81, BL~K 299, SE~STIAN HI~NDS UNIT 1 I, ACC~NG
~ ~E ~T ~ER~ ~ RECORDED IN ~T B~K 7 PA~S 56 ~1 V~ARA ~V/A~ ~V/AV'
FL~DA. :.
SUgaR'S ~S: L~ND:
1. B~RINGS SHO~N ARE BASED ON ~E CEN~RLINE ~ CONCHA O ' ~ ~' IR~ REBAR ~ ~C ~P '~
2, ~ INSTRUMENT OF R~ORD REFLE~NG ~EMEN~, RIGH~ ~ ~- 5~ ~ NAIL b 1-114 DISK
WAY AN~R O~NE~HIP ~ERE FURNI~ED ~ ~IS ~RVEYOR
3. ~IS SURVEY IS NOT INTENDED TO L~TE ~ISTIHG UNDERGR~ND ~B CONS~U~ON,
F~NDATIONS, ENCROACHMENTS OR ANY IM~EME~ ~CE~
~ SHO~N. ~EPARED
· · ~A$ ~NDALL C~RLE, ~OFESSiONAL ~ND $URVE~R
4. ~E LOT SHO~N HEREON 15 L~TED IN FL~ Z~E X PER 10749 HIGH~AY U.S. 1. ~ITE A, SEBASTIAN, FLORIDA
FL~ INSURANCE ~ MAP 12~1C~7g E, DATED JULY 2. lgBg. ~ONE (40~ 388~520
5, EL~A~ON5 BASED ~ ASSUMED DA~M ELEVA~ ~.~ CER~FIED CORR~ TO 1HE BEST 0F ~Y K~E A~D BEUEF IN
~SUMED ON ~E CENTERLINE OF CONCHA ~RIVE. CONFORMI~ ~iTH THE MINIMUM ~CHNIC ~L ~TANDRRDS S~ FOR~
BY ~E FLORIDA ~O OF ~ND SURVEYOR~, ~ANT ~ SE~i~
ABBREVIAteS: 472.027 ~ ~E ~L~IDA STA~ES AND 2 I~H~ ANO CHA~ER 61GI 7
P.~T M.M~RED ~-RIGHT OF ~AY ~-AIR CONDm~ FLORIDA ADMINi~ C~E, ~IS ~ IS ~ARED AND
~-~DIU5 A-ARC LENG~ D-DELTA ( CENT~L AN~E ) CER~FIED ~ 1HE EXCLUSIVE USE OF ~E CLIENT ~ CLIEN~ NAMED
~-CE~RLINE C~.~ERED ~-~ND SURV~OR HER~N, ~IS ~J~ IS NOT VALID ~TH~ ~E ~BOSSED
O.U.L~VERHGAD UTILI~ LINES CONC.~ONCRETE SUR~5~ ~ lq[ ~R~ED, ~
PU~E*mBUC u~u~ ~ O~INA~E E~EMENT /
PL~PROFESgONAL ~ND ~R~YOR - .. . _
LB-~NDSURVEYING BUSINESS IHUMA~ ~NUALL LELKLL, ~L.~. 4~
12, PAGE 2~-30 SHEET 1 OF ~ PROJEU NUMBER 94-142
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CITY Of SEBASTIAN
OFFICE OF CITY ENGINEER
P.O, BOX 780127
Sebastian, Florida 32978-0127
(305) 589-5490
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FIELD INSPECTION REPORT
THE FOLLOWING WAS NOTED
Project
Wi~ T~p
°it
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ICOPIE~ TO
FIELD REPOR'~
City of Sebastian
1225 MA~N STREET o SEBASTIAN. FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 I
October 6, 1994 i
Richard Votapka i
Sebastian Utilities
1225 Main Street ·
Sebastian, Florida 32958
Dear Sir: I
The City of Sebastian' has been requested to grant approval for an
abandonment of the Northwest ten (10) feet of the Southeast
twenty (20) feet of Lot 81, Block 299, Sebastian Highla.nds Unit ·
11. A copy of the survey is attached for your information.
_
In compliance with. City of S.ebastlan Ordinance #0-76-4, June 14,
1976, you must respond in writing within fifteen days. --
Should you have any questions concerning- this matter, please I
contact my office at 589-5330 between the hours of 8.00~ A.M.
and 4:30 P.M.
Sincerely yours, I
I
Kathryn
M~. O'Halloran, CMC/AAE
City Clerk
Attachment ~f,.~. ~o~-$ "~.~' t~4,.-.a '~ ,,,.~.~t% I
(\ws-form/aban-let) ~ ~v~'~t ~~.
, o~-~.
o F~ ~407) ~70
T~EPHONE (,407) 56~B330 .~~
~ J ·
OC~Ob-T 6, 1994
$OU~ern Bell Telephone
~ 300 O~eechobee Roa~
~. pi~rc., ~,ori,a 3494?
hessian has been re~es[ed to ~an= approval
The Ci=y o~ S~ _. ' .... '~wes~ =eh (10) fee= o~,~e. So~ghe~S=.._=
aba~donme~ o[ ~e
twenty (20) feet o~ Lot 81, ~locX 299, SebaStian ~ig~&a~us un~v
11. A copy of the survey ia a~taohed for your info~a~on.
In compliance with City of Sebas~ia~ Ordin~noe ~0-76-4, June 14,
1976, you mus= respond in writing w~in f~fteen days.
n ues~ions concerning =~is mat~er,, please _
Should you hav~ a ~g=~ ~n ~atween the h~ur~ of 8.00 A.M.
co~tac~ my office au ~o=-~
and 4=30
Sinc~elY yours,
K~=hryn ~- o'Halloran, ~C/~$ ' ·
C~tY Clerk ,
KOH:lm~ ~0~0~ ' ,
1225 MAIN STREET o SEBASTIAN, FLORIDA 3295b~E~I~D L~TTEH
TELEPHONE (407) 589-~0 u FAX (407) 589-5570 i
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October 6, 1994 I
Lew Gilliland I
F. P. &L.
1698 N. Central Avenue
Sebastian, Florida 32958
The clty of Sebastian has been requested to grant approval for an I
abandonment of the Northwest ten (10) feet of the southeast
twenty (20) feet of Lot 81: Block 299, Sebastian Highlands Unit
11. A copy of the survey ls attached fo.r your information. I
In compliance with City of Sebastia? Ordinance #0-76-4, June 14,
1976, you must respond in writing w2thin fifteen days. I
Shoul~ you have any questions concerning this matter, please
contact my office at 589-5330 between the ho~rs of 8=00 A.M.
and 4:30 P.M.
Singly yours,
city Clerk
(\ws-form/aban-let). i
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I h n e asement
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I FALCON CABLE MEDIA 710 Washington Street, P.O. Box 7~249, Seba~ian, Florida 32978, Tel: (407) 589-3~6
TELEPHONE (407) 589-5330 [] FA (407) 589-5570
SUBJECT: PROPOSED ANNEXATION, LAND ) Agenda Number:
I USE AND ZONING AMENDMENT FOR )
ALTIER/FLOOD/DANNER ) Dept. Origin: Community Development
) -- (BC)
I Approved For Submittal By: ) Date Submitted: 11/03/94
)
~ /~ ) For Agenda
Of:
11/16/94
City Manager ~Y~.~ )
I - ~-~ / Exhibits:
)
) 1. Petition for Annexation by
) Rene VanDeVoorde, agent
I ) 2. Location map
· ) 3. Application for Land Use
) 4. Application for Zoning Change
i ) 5. Land use recommendation from
) P & Z dated 10-21-94
) 6. Zoning recommendation from
) P & Z dated 10-21-94
I ) 7. Stan Boling letter of 11-1-94
) 8. Harry Asher letter of 10-28-94
) 9. Section 20A-11.8C of LDC
I ) 10. Section 20A-11.6C of LDC
I
EXPENDITURE AMOUNT ' APPROPRIATION '
I REQUIRED: BUDGETED: REQUIRED:
ISUMMARY STATEMENT
i annexation was submitted by Rene VanDeVoorde,
A
petition
for
a
voluntary
agent for Joseph R. Altier, Joseph M. and Hazel M. Flood, and Lloyd C. and
Marian C. Danner. Mr. VanDeVoorde has also submitted applications to
Iamend the land use designation from M-2 (County: multi-family, 10 units
per acre) to CG and change the zoning from RM-6 (County: multi-family,
6 units per acre) to CG.
I At the request of one of the property owners, staff reviewed the existing
City limits in that area and recommended that all owners in this gap along
U.S. 1 participate in the voluntary annexation. Unfortunately, three
I parcels are still not agreeing to the annexation, proposal you
The
before
does not create an enclave, and therefore, would not be in violation of
i the Florida Statutes regarding annexation requirements.
existing
along
!
A public hearing was held by the Planning & Zoning Commission on october
20, 1994, to discuss the proposed land use and zoning amendments. Section
20A-11.8C lists the criteria for consideration by the Commission regardi~
the land use amendment. The Planning & Zoning Commission determined tha_~
the proposal was consistent with this criteria and no items were found to
be of concern. Objective 1-1.2 of the Comprehensive Plan regarding the _
allocation of commercial development was used as a reference regarding
compatibility with and impact on other surrounding commercial activities,l
relationship to surrounding land uses and natural systems.
Section 20A-11.6C lists the criteria for consideration by the Planning &
Commission regarding the proposed zoning change. This criteria is
identical to the above mentioned section for land use. The subject
properties are vacant and therefore would not result in any incompatible
land uses. The proposed Commercial General zoning would be consistent
with surrounding areas and does abut a major arterial road. This would
appear to have no economic effect on the property values in the area and ·
would support orderly development.
Since this petitioned area is directly across from the new Walmart
project, staff would recommend that an agreement be reached with Indian
River County to service the annexed property with water and sewer. This ·
would be similar to the agreement which was done for the Walmart property·
and would alleviate concerns regarding demands on our existing public
facilities and services.
Recommendations by the Planning & Zoning Commission for approval of the
proposed land use and zoning amendments are attached.
RECOMMENDED ACTION-
Select public hearing date for Comprehensive Plan amendment.
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PETITION FOR VOLUNTARY ANNEXATION
TO THE CITY OF SEBASTIAN
INDIAN RIVER COUNTy, FLORID%
Petitioners, Joseph R. Altier, trustee of the Joseph R. Altier Revocable
Trust Agreement Dated November 8, 1990, Joseph M. Flood and Hazel M. Flood, and
Lloyd C. Danner and Marian C. Danner, petJ. t~on the City of SebastJ. an, Florida for
voluntary annexation of the fol].owino deac~ibed rea]. propertyi
Parcel #1, #2, and. #3, ali_ de,cfi, bed J.n attachment
1. This is a petition for voluntary annexation in accordance wi. th SectJ. on
173..044 of Chapter 171, F!or~d~ Statutes, 1975.
2. Said property sought to be voluntarily annexed lies completely within
the same county as the City of Sebastian, to-wit: Indian River County, Florida.
3. Said property is situate in an unincorporated area of Indian River
County, Florida, and does not lie within the corporate limits of any other
municipality.
4. Said property is contiguous, to the corporate boundaries and city
limits of the City of Sebastian, such that a substantial part of the boundaries of
said property is cotermi'nous with the corporate boundary and city limits of said
city.
5. Annexation of said property will be a reasonably compact addition to
the incorporated territory of the City of Sebastian and will not create enclaves,
pockets or finger areas in serpentine patterns.
6. A certified copy of ~ duly recorded warranty deed to grantees Joseph
R. Altier, trustee~ Joseph M. F!ood and Hazel M. Flood and LlOyd C. Danner and ·
Marian C. Dannerx which said deeds contain the description and includes the prooerty
soucht to be ~oluntarily a. nne~ed 5~re~.n, J~ marked "ExhJ. b~.t B", "Exhibit C" and
"Exhibit D" and attached hereto.
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· ~_o~_pph._~.~ ........ ~!~r, .tru.~tee, .... qg~e~]!.. H..~_.. F~PO~ and Haze.! ~.-F~9o~ an~
Lloyd C. Danner and Marian C. Danner have a fee simple estate i~) and to the l%nd
described in said deeds and have full ~ower 'and authority to convey, grant, and
encumber both the legal and benef~.cial interests in the rea). property described in
said deeds, and therefore and furthermore this Petition bears the signature of the
agent of the owners of the property proposed to be annexed.
8. a sketch of said property, which shows the re~.ationship between the
boundaries of the City of Sebastian and the pro~erfiy prouo~(.d for aDnexation is
marked "Exhibit E" and attached hereto and made a part hereof.
WHEREFORE, Petitioners, Joseph R. Altie.r~ trustee, Joseph M. Flood and
Hazel M. Flood and Lloyd C. Dam]er and. Marian C. Danner requests the City Council of
the City of Sebastian, F].orida, at a regular meeting to adopt a non-emergency
ordinance to annex the property in this petition, and to redefine the corporate
boundaries and City Limit~ of the City of Sebastian, Florida, to include said
property, and, that upon proper publication once a week for four (4) consecutive
weeks, said ordinances be passed and adopted and thereafter filed with the Clerk of
the Circuit Court of Indian River County, Florida and with the Department of State
Petitioner
Rene' G. VanDeVoorde as ageDt for
Joseph R. Altier, trustee, Joseph
N. Flood & Hazel M. Flood and Lloyd.
Danner & Marian C. Danner
STATE OF FLORIDA
COUNTY OF INDIAN RIVER '
THIS DAY personally appeared before me, the undersigned, Rene'
VanDeVoorde, to me known, who being first duly sworn, says:
That he has read and signed the within and foregoing Petition for
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V~luntary Annexation and that he i~ the a_oent for the Petitioners therein 'named and
I" that the statements contained in said Petition are true.
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I Pet~t~.o~.er
Re~e' G. VanDeVoorde, agent for
Joseph ~. Altier, trustee, Joseph
M. F~ood & Hazel M. Flood and Lloyd C.
I Danner & Marian C. Danner
i by th~Petitioner who is personally known to me and who did/did not take an oath.
I ~ ~ic? S~e o~
My commission expires:
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That ~art of Lots ~ and ~ of ~U£NG~N SUBDiViSiON, lying Nast of U.~. Highv~y #~,
West ~f Fleming ~rant Line, described as follows: :
The Point of Beginning formed by the intersection of the Easterl ri
U.S. Highwa #1 w' ~ - Y ght-of-way of
Y . lth .he common boundary between Lots 23 and 24 of ~AUREGAN;
~c~r~'~9.~r~terly along the East,fly right-of-way of U.S. Highway #1 a
..=.~ ,~_ ,~ . , .. · , more or less, to the intersecting point
-=~= u=~e :~em!~g =rant ~lne;~
Thence proceed Southeasterly along said :lemina Grant Line, a distance of 323.91
feet, more or less; '
Thence Proceed Northwesterly along said Easterly right-of-way, a distance of 168.03
feet to the Point of Beginning;
All in ~AUREGAN, Fleming Grant, according to the Plat filed in the office of the
Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75, and
refiled in the Office of the Clerk of th~ Circuit Court of St. Lucie County,
Florida, in Plat Book 1, Page 178 and 179, said land now lying and being in Indian
River County, Florida; being Section 30 Fleming Grant.
All of Lot 22, lying East of U.S. Highway %1 of WAUREGAN SUBDIVISION. The point of
beginning formed by the common boundary between Lots 22 and 23, where it intersects
with the Easterly right-of-way for U.S. Highway %1. Thence run Northwesterly, along
said Easterly right-of-way, a distance of 318.12 feet, thence run Northeasterly
along the common boundary of Lots 22 and 2~, a distance of 168.50 feet, intersecting
with the Fleming Grant line; thence run Southeasterly, along Fleming Grant lin~, a
~istance of 315.0 feet, thence run Southwesterly along the common boundary of
22 and 23, a distance of 207.05 feet, to the point of beginning.
A1~ in WAUREGAN, according to the plat filed in the Office of~ the Clerk of the
Circuit Court of Brevard County, Florida in Plat Book 1, page 75; and refiled in the
office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book
1, pages 178 and 179; said land now lying and being in Indian River County,
Florida.
PARCEL #3 '
That property located in Wauregan Subdivision lying east of U S Highway #1, We~t of
Fleming Grant line, and a part of Lot 23, Wauregan, as follows:
The point of beginning being the point of intersection formed by the Easterly right-
of-way of U.S. Highway #1 with the Northerly boundary line of Lot 23. From said
point of beginning proceed Northeasterly along the Northerly boundary of Lot 23, a
distance of 207.03 feet to the intersecting point with Fleming Grant line; thence
Southeasterly along said Fleming Grant line, a distance of 157.5 feet; thence
proceeding Southwesterly on a line which bisects Lot 23 into North ad South halves,
a distance of 229.27 feet, more or less, to the intersecting point with the Easterly
right-of-way of U.S. Highway #1; thence Northwesterly along said Easterly right-of-
way a distance of 159.06 feet to the point of beginning. All located in Wauregan
subdivision, lying in Section 30 Fleming Grant, according to Plat filed in the
office of the Clerk of the Circuit Court of Brevard County, Florida in Plat Book !,
Page 75, and refiled in the office of the Clerk of the Circuit Court of St. Lucie
County, Florida in Plat Book 1, Pages 178 and 179, said land now lying and being in
Indian River County, Florida.
·
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APPL.I..CATION 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 herei~, to the Planning and Zoning
Board secretary one week before the scheduled meeting.
then be referred to the Planning and
application
will
Zo~ing Board for study ~r~d reco~ml~endatio~]s.
DAFE' RECEIVED: ~--0- ~ DATE ACCEPTED:
~ n
APPLICANT.. Rene' G. VanDeVoorde, agen~HONE: (407) 589-4353
ADDRESS: 1327 N. Central Avenue, Sebastian, FL 32958
joSePh P~ Alfie~'~ Trustee
OWNER~os~ "M, Fi~& H~zel_M,... F~ PHONE: (407) 589-4353
Lloyd C~anner & Marian C. Danner
ADDRESS.' 1327 ~,. Centr_a. 1 Avenue, Sebastian, FL 32958
EXi STING LAND USE DESIGNATe, ON: M-2
REQUESTED LAND USE DESIGNAIION: CG
REASON FOR PETITION? to ~t moro annronrL~t~Jds8 ~f ~r~ertv
ACRES TO BE REDESIGNATED:.. ~,0 .....
EXIST]N(] USE: Vacant ·
PROPOSED USE: C0mmTcial -
TilE FOLLOWING ATTACIIMENT SIIALL ACCOMPANY THE APPLICATION:
.
l)__L If the property ~n 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 apply for a land use change.
this applicati°nl, ' '
2) X__ A copy of the owner's deed must accompany each copy of
3) X A certified survey of the area, if not platted.
4) __ X The legal description of the parcel(s) proposed
to be changed. ·
5) ~ A drawing or map showing the zoning classifications
of all parcels of adjacent land within 300 feet of
tile subject property.
6 (2) ' I
)__~ Names and addresses of surrounding property owners I
within 300 ft of the boundary lines. ~m I
7) ~ A check, money order or cash in the amount-of $~8~.
~ made payable to the City of Sebastian.
less than 5 acres ' ' $225.00 I ~._
5 - 100 acres $500.00 ~ I
more thai] 100 acres $750.00
The undersigned understands that this a,pplication must be I
complete and accurate before c°nsiderat~on by the Planning
and Zoning Board of the City of Sebastian.
STATE OF ~"~F~ COUNTY OF ~rN~>~A;J ~%~e~%~ I
AND SAY THAT. I AM
DESCRIBED WIIICH IS TII,E.'SUBJECT MATTER OF THIS APPLICATION, _
THAT AL~ TIlE ANSWER.S, PO Tile QUESTIONS IN SAID APPLICATION AND
ALL SKE~CIIES AN.D, DATA AND MATTER 'ATTACHED TO AND MADE A PART' I
OF SAiD APPLICAqION ARE I'IONEST AND TRUE TO THE BEST OF MY
KNOWLEDGE AND BELIEF. ·
· SiGNA~ UR~ ' ..... , I
~,~°~ ',:o ~',,~ ~,~,~o~ ~o ~.so~w o, ~,,o~ ~o~.~ ·
CONNECqED WITII THE PROPOSAL. I
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APPLICATION FOR ZONING CHANGE
CITY OF SEBASTIAN PLANNING.AND ZONING DEPARTMENT
TELEPHONE. 589-5330 -
This application must be completed and returned, with ali enclosures
referred to herein, to the Planning and Zoning Board S~cretary one week
before the scheduled meeting. This application will then be referred to
the Planning and Zoning Board for study and recomendations.
DATE RECEiVEDi · DATE ACCEPTED~
APPLICANT, Ren~ent PHONE,
ADDRESS, 1327 N. Central Avenue, 'Sebastian, F1 32958
J0seph--P.' Ai~i~r~ Tr~te~
OWNER,~x~h~__ M_ ~]ood & Hazel...M. F~oodP}[ONE, (407) .~9-4353
Lloyd C. Danner & Marian C. Danner
ADDRESS~ !3~7 N~ C~ntr~] Avenue. Sebastian. FL 32958
EXISTING ZONING~ RM-6 REQUESTED ZONING~ CG
LAND USE CLASSIFICATIO", . M-~ kCRES TO BE REZONED~ ~'~0
'EXISTING USE, vacant land
PROPOSED USE, commercial '
REASON FOR PETITION? to get more appropriate use of property
ARE ANY STRUCTURES NOW'LOCATED ON THE PROPERTY? no
THE FOLLOWING ATTACHMENTS SHALL ACCOMPANY THE APPLICATiON~
1) ~× If the property in question is not owned by the applicant, '
a notarized Affidavit of Ownership must accompany the applicatic
~iving the consent of each owner to the applicant to apply for a
land use change. .
2) X ~.~opy of the owner's deed must accompany each copy Of
_~ [nzs application.. . .
3) x A certified survey of the area, if not platted. : ...........
4)~xThe legal description of the parcel(s) proposed
to be rezoned.
5)__~_ A drawing or map showing the zoninG classfficat~_ons
parcels of adjacent land within 300 feet of '
of
all
the subject property.
application
6) ~ Names and addresses of surrounding property owners
"' -- w,Lthin 300 £t o~ the boundary
7).. ~__. A check, money order or cash in the amount of $~5'.;r~
made payable to the City of Sebastian.
less than 5 acres $225.00
5 - 100 acres $500.00
more than 100 acres $750.00
The undersigned understands that this application must be
complete and accura[e before consideration by the Planning .
and Zoning Board of the Czty of Sebastian.
STATE OF ~o~%~ COUNTY OF I~I~M ~
........ : , ,.~ ....
ALL SK~TCIIES AND DATA AND HA PTER AT'I'ACIIED TO AND HADE A PART
OF SA~D APPLICATION ARE IIONBST AND TRUE TO Tile BES'I' OF HY,
KNO~I,EI)GE AND BELIEF.
~LL ~PPL~N'~ ~ ~NffOU~D ~O S~I'I~DUB~ ~ P~-~PP~~ON
P~IO~ ~O '1'11~ ~PP~T~ON TO ~BO~V~ O~ ~VOID P~OBL~HS
CONN~ff'I'~D ~Tll ~
i M MORANDUM
DATE: October 21, 1994
i TO: Mayor, City Council
i FROM: Dorri Bosworth, Secretary
Planning and Zoning Commission
i REFERENCE: Proposed Land Use Change
i At its regular meeting of October 20, 1994, the Planning and Zoning
Commission passed a motion to recommend to City Council to approve
a Land Use change from M-2 to CG on Parcels #1, #2, #3 as
I designated on exhibit A in accordance with Section 20A-11.8 (C) of
the Land Development Code.
I :db
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 I
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
I
MEMORANDUM I
DATE: October 21, 1994 .
TO: Mayo~, City Counc~l I
FROM: Dorr~ Bosworth, Secretary
Planning and Zoning Commission I
REFERENCE: Proposed Zoning Change I
At its regular meeting of October 20, 1994, the Planning and ZoninQ
Commission passed a motion to recommend to City Council to approv~ I
a Zonl~g.change from RM-6 to CG onParcels #1, #2, #3 as designated
on exhibit A in accordance with Section 20A-11.6 (C) of the Land
Development Code. I
: db I
!
Telephone: (407) 567-8000
November 1, 1994
BOARD OF COUNTY COMMISSIONERS
Bruce Cooper, Development Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: Annexation Proposed by Rene VandeVoorde on North US #1
Dear Bruce:
Planning staff, utility services, and county attorney's office
staff have reviewed the proposed annexation. Although county staff
have no objection to the proposal, the following comments are
offered for your consideration:
1. As mentioned in your October 13, 1994 memo to the Sebastian
Planning and Zoning Commission, a "cleaner" annexation would
involve all of the properties located within the city limits
"gap" along US 1 in the subject area.
2. The subject property is mature sand pine scrub. Therefore,
the site may support listed scrub species and could be subject
to endangered species act requirements.
3. In accordance with Florida Statutes 171.-062(2), if annexed,
the property would be regulated by its county land use plan
designation until the City's land use plan is amended. The
subject property is currently designated M-1 (Medium Density
Residential 1, up to 8 units per acre).
4. Please find attached a memo from Harry Asher, County Utility
Services Assistant Director.
Should you have any questions regarding any of these matters,
please do not hesitate to contact me at (407) 567-8000, extension
253.
Sincerely,
Stan Boling, -~ICP
Planning Director
SB/ca
cc: Robert M. Keating, AICP Will Collins
Harry Asher Sasan Rohani, AICP
Roland DeBlois, AICP Ruth Jefferson TM #95-90
u\c\s\vandevoo. 11:r
· UTiL(CTYSEB.HEA)sb
INDIAN RIVER COUNTY ~~T~~'~
TO. STAN BOLING, DI ECTO :
PLANNING DIVISION ,
FROM: HARRY E. ASHE~ .
ASSISTANT DIRECTOR OF UTILITY SERVICES
SUBJECT: CITY OF SEBASTiAN - ANNEXATION - US 1 '
The Department has reviewed the attached map concerning the annexation of the noted property
from the County to the City of Sebastian.
The Department would request.confirmation from the applicant that their request also removes the
property from the County Utility service area. .
The City has previously assigned the surrounding City properties to the County for utility service
(copy attached). ·
Please advise if I can be of further assistance. ' "·
HEA:sb ,
,-
.
LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.8.
No application under this section shall be reviewed by staff
or any board, commission or the city council until such
application is fully completed and submitted with the ap-
propriate fee.
B. Administrative review. The city clerk shall forward Compre-
hensive plan amendment applications to all appropriate admin-
istrative stafffor their review and comment. The application shall
be reviewed for conformance with the requirements of this chapter.
C. Planning 'and zoning commission review. The planning and
zoning commission, regardless of the source of the proposed com-
prehensive plan amendment, shall hold a public hearing thereon,
with due public notice. The planning and zoning commission shall
submit a written report and recommendation concerning the pro-
posed comprehensive plan amendment to the city council for of-
ficial action. In its deliberation, the planning and zoning commis-
sion shall consider the following criteria:
1. Consistency with other elements of plar~ Whether the pro-
posal is consistent with the other elements of the compre-
hensive plan. Any inconsistency shall be identified by the
commission.
2. Conformance with ordinances. Whether the proposal is in
conformance with any applicable substantive requirements
of the city of Sebastian Code of Ordinances, particularly
the land development code, and/or whether the proposed
amendment will require amendments to any ordinances of
the city.
3. Changed conditions. Whether, and the extent to _which,
land use and development conditions h~ive changed since
the effective date of the existing regulations involved which
are relevant to the proposed amendment.
4. Land use compatibility. Whether, and the extent to which,
the proposal would result in any incompatible land uses,
considering the type and location of uses involved.
5. Adequate public facilities. Whether, and the extent to whi_ch,
the proposal would result in public facilities and services
exceeding the capacity for such services and facilities ex-
Supp. No. 15 771
§ 20A-11.s. SEBASTIAN LAND DEVELOPMENT
isting or programmed, including transportation, utilities,
drainage, recreation, education, emergency services and
~imilar necessary facilities and serVices.
6. Natural environment. Whether, and the extent to which,
the proposal would result in significantly adverse impacts
on the natural environment.
7. Economic effects. Whether, and the extent to which, the
proposal
would adversely affect the property values in the
area, the general health, safety and welfare and impact the
financial resources of the city.
$. Orderly development. Whether the proposal would result in
an orderly and local development pattern. Any negative
effects on such patterns shall be identified.
9. Public interest enabling act. Whether the proposal would be
in conflict with the public interest, and whether it is in
harmony with the purpose and intent of this chapter and
its enabling legislation.
10. Other matters. Other matters which the planning and zoning
commission may deem appropriate.
D. Action following reviews by city planning and zoning com-
mission. At~r review of the proposed comprehensive plan amend-
ment, and the revision relating to thereto, the city clerk shall
place the proposed amendment, with comments from the plan-
ning and zoning commission, on the next available meeting agenda
for city council review and possible direction from city council to
the city attorney for preparation of an ordinance. The applicant
shall be advised of the time and place of the city council ~neeting.
After an ordinance has been prepared by the city attorney, the
city clerk shall schedule the first reading of the ordinance re-
garding
the proposed comprehensive plan amendment on the next
regularly scheduled council meeting. The first reading shall be a
public hearing, at which time the city council will consider ap-
proval of the ordinance and whether to submit the proposed
amendment to the Department of Community Affairs, State of
Florida (DCA) for review and comments. Notice of the first public
hearing shall be as required by general or special law.
Supp. No. 15 772
§ 20A-11.6. SEBASTIAN LAND DEVELOPMENT CODE
3. Property owner(s). An amendment to the zoning
ordinance
may be initiated by a petition signed by a property owner,
or the property owner's authorized agent. Such petition
shall be submitted to the office of the city clerk together
with a fee as shall be determi~ed by resolution of the city
council. As may lots or parcels of property as the applicant
desire may be included in an~ single petition if they
may
constitute one contiguous [parcel]. The petition shall be
submitted on an application form prescribed by the city
clerk. The application.shall include, but not be limited to,
the following:
(a) Property description. The application shall describe by
legal description and by street address, where possi-
ble, the property to be affected by the proposed change.
(b) Current and proposed comprehensive plan land use
map designation. The current and proposed compre-
hensive plan land use map designation for the subject
property shall be identified.
(c)Current and proposed zoning. The current and pro-
posed zoning for the subject property shall be identified.
(d)Existing and proposed use. The existing and proposed
use of the subject property
shall
be
stated.
(e) Disclosure of ownership. The application shall include
a verified statement showing each and every individ-
ual having a legal and/or equitable ownership
.person
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 corpo-
rate officers shah be sufficient.
B. Administrative review. The city clerk shall forward zoning
change petitions, for which appropriate fees have been submit-
ted, to all appropriate administrative staff for their review and
comment. The application shall be reviewed for conformance with
the requirements of this chapter. ~
C.. Planning and zoning commission review. ~ he planning and
commission, regardless of the source of the proposed zone
zoning
change petition, shall hold a public hearing(s) thereon, with due
public notice. The planning and zoning commission shall submit
766
LEGAL BASIS AND GENERAL PROVISIONS § 2
a written report and recommendation concerning the proposed
change of zoning to the city council for official action. If the
planning and zoning commission denies the requested zone change
or amendment, this action shall be deemed final unless such
action is appealed to the city council pursuant to subsection
20A-11.3(C)(4). In its deliberations the planning and zoning com-
mission shall consider the following criteria:
1. Consistency with plan. Whether the proposal is consistent
with the comprehensive plan. Any inconsistencies shall be
identified by the commission.
2. Conformance w£th ordinances. Whether the proposal is in
conformance with any applicable substantive requirements
of the City of Sebastian Code of Ordinances.
3. Changed conditions. Whether, and the extent to which,
and development conditions have changed since
land
use
the effective date of the existing regulations involved which
are relevant to the amendment.
4. Land use compatibility. Whether, and the extent to which,
the proposal would result in any incompatible land uses,
considering the type and location of uses involved.
5. Adequate public facilities. Whether, and the extent to which,
the proposal would result in demands on public facilities
and services, exceeding the capacity of such facilities and
services, existing or programmed, including transportation,
utilities, drainage, recreation, education, emergency set-
vices, and similar necessary facilities and services.
6. Natural environmen~ Whether, and to the extent to which,
the proposal would result in significantly adverse impacts
on the natural environment. '
· 7. Economic effects. Whether, and the extent to which, the
proposal would adversely affect the property values in the
area, or the general welfare.
8. Orderly developmen~ Whether the proposal would result
in an orderly and local development pattern. Any negative
effects on such pattern shall be identified.
9. Public interest; enabling ac~ Whether the proposal wot~ld
be in conflict with the public interest, and whether it is in
767
§ 20A-11.6. SEBASTIAN LAND DEVELOPMENT CODE
harmony with the purpose and interest of this ordinance
and its enabling legislation.
10. Other matters. Other matters which the planning and zon-
ing commission may deem appropriate.
D. Action following reviews by city planning and zoning com-
mission~ If an appeal to a decision of the planning and zoning
commission is filed, the city clerk shall transmit copies of the
petition, the comments and the minutes of the planning and
zoning commission meeting to each member of the city council at
least seven (7) days before the council shall consider the appeal.
The city clerk shall notify the applicant of the time and place of
the meeting at which the council will hear the appeal. Should the
council tentatively approve the petition, the city council will
proceed to hold a public hearing(s) on the petition.
Should the planning and zoning commission approve the peti-
tion, the city clerk shall transmit copies of the petition, all com-
ments and the minutes of the planning and zoning commission
meeting to each member of the council at least seven (7) days
before the council shall consider the petition. Should the council
tentatively approve the petition, public hearing(s) shall be held
on the petition.
E. City colmciI review. The city council shall hold a public
hearing on the requested zone change petition or amendment,
with due public notice, if any change is to be considered and shall
then act on the proposed change. An affirmative vote of three (3)
members of the city council is required for favorable action on a
zone change petition or amendment for which the planning and
zoning commission has recommended denial. In its deliberations
the city council shall consider the criteria identified in section
20A-11.6(C) above together with the findings and recommenda-
of the lanning and zoning commission. Any modifications
t~ons . P . . · · ' mmen
or revisions to the planning and zoning commms~on s reco -
dation which involve a greater area of land to be rezoned or a
more intensive zoning classification shall be the subject of an
additional public hearing before the city council with due notice