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Home My WebLink About02272002HOMF. OF PELICAN ISLAND $1=I3ASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 27, 2002 - 7:00 P.M. 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 will address the City Council with respect to agenda items immediately before deliberation o£ the item by the City Council - limi! of ten minutes per speaker (R-99-21) CALL TO ORDER 2. 3. 4. PLEDGE OF ALLEGIANCE INVOCATION - Moment of Silence ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majority vote of City Council members (R-99-21) 02.021 A. 02.018 B. 02.018 C. 02.018 D. 02.018 E. 02.018 F. PROCLAMA_TIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS Certificate to Employee of the Fourth Quarter Certificate of Appreciation to Louise Kautenberg, Board of Adjustment Certificate of Appreciation to Clive Beckwith, Board of Adjustment Certificate of Appreciation to Paul Duffy, Board of Adjustment Certificate of Appreciation to James Schmitz, Board of Adjustment Certificate of Appreciation to Harry Marshall, Board of Adjustment 7. cI'rY ATTORNEY MATTERS 02.022 1-20 02.023 8. 02.035 9. 10. 02.018 11. 21-31 02.036 33-34 02.025 35-38 02.037 39-40 02.038 41-42 02.039 43-50 Chamber of Commerce Comprehensive Property Settlement and Escrow Agreement (City Attorney Transmittal, Agreement) Clarification Regarding Process for Code Enforcement Fine Collections CITY MANAGER MATTERS A. Ron Rigby - Capital Sanitation Update CiTY CLERK MATTERS CITY COUNCIL MATTERS B. C. D. E. Mr. Majcher Mr. Hill Mr. Coniglio Mayor Barnes - Request City Council Consensus for Variance Hearing Schedule Mr. Barczyk CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. Them 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. Approval of Minutes - 2/13/2001 Regular Meeting Authorize the City Manager to Attend the Florida City and County Management Association (FCCMA) 56th Annual Conference on May 23-26, 2002 at the Sarasota Bay Hyatt Hotel (City Manager Transmittal 2/15/02) Adopt Attachment E-6 Resolution forAssistance under the Florida Inland Navigation District Waterways Assistance Program (City Manager Transmittal 2/20/02, Attachment E-6) Approve Sebastian River Art Club Shows at Riverview Park on 10/19/02, 11/16/02, 12/14/02,1/18/03, 2122+2/23/03,3/22/03 & 4/12/03 - 8:00 a.m. to 5:00 p.m. (Parks Transmittal 2/20/02) Approve 2nd Annual Learning Nest 5K Run at Riverview Park on 6/1/02 and Closing Indian River Drive from Davis South to Harrison (Parks Transmittal 2/21/02, Letter) Resolution No. R-02-07 Final Plat for Fischer Lake Island Phase III (GMD Transmittal 2/22/02, R-02~07) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND PHASE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 2 02.040 51-66 02.020 67-70 02.041 71-118 02.042 119-138 Go Resolution No. R-02-06 - Vacation of Easement - Russo (GMD Transmittal 2/19/02, R-02-06, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 11 AND 12, BLOCK 118, SEBASTIAN HIGHLANDS, UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 12. PUBLIC HEARING Procedures for public hearings: (R-g9-21) * Mayor opens Headng . Attorney Reads Ordinance or Resolution * Staff Presentation . Public Input - Limit of Ten Minutes Per Speaker , Staff Summation . Mayor Closes Headng Council Action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name forthe record A. Ordinance No. O-02-05 Bicycle Re.qulations (City Attorney Transmittal 1/17/02~ 0-02-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA CREATING SECTION 98-9 BICYCLE REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Reconsid,,e. ration of Ordinance No. O-00-05, Lame Scale CLUP Amendment from LD (Low Density) to IN Industrial for Property Located South of Gibson Street Containing 14.85 Acres,,,,,M, ore or Less- CNK, inc. (GMD Transmittal 2/22/02.0-00-05, Ap~3!ication, Map, Staff Report, P& Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Reconsideration of Ordinance No. O-01-22, Rezonin.q from RE-40 to IN (Industrial) Containing 1.4.~5 Ac_r_es More or Less - CNK, Inc. (GMD Transmittal 2/22/02~O-01-22, Application, Map, St.a._ff Report, P & Z Recommendation) This Public Hearing is Quasi. Judicial (procedures on back of agenda) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOTS 16, 27 & 28, SECTION 30, Fleming Grant, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTRIAL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othe/wise on the agenda - sign-up required - limit of ten minutes for each speaker 14. COMMITTEE REPORTS/RECOMMENDATIONS 1- Tree Advisow Board 02,043 139-142 1. Present 2002 Work Plan (Board Transmittal 2/8/02, Plan, Minutes) Code Enforcement Board 02.028 143-158 Interview, Unless Waived and Appoint One Regular Member - Term to Expire 3/2005 (City Clerk Transmittal 2/21/02, Applications, Advertisement, Board Members) 15, OLD BUSINESS - None 16. NEW BUSINESS 02.044 159-160 02.045 161-164 17. Approve. Selection and Ranking of Architectural Firms and Authorize Staff to Begin Contract Negotiations with REG Architects, Inc. (GSA Transmittal 2/20/02, Matrix) Authorize the Emergency Slip Lining of Barber Street Pipe by Lanzo Lining Services in the Amount of $35,280.00 (Public Works Transmittal 2/19/02, Quotes) ADJOURN (All meeting shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majorfty vote of City Council) 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 VERBA TIM 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 ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Procedures for Quasi-Judicial Hearing 2. 3. 4. 5. 6. 8. 9. 10. 11. Mayor Opens Hearing City Council Members Disclose Ex-Parte Communication Applicant or Agent Makes Presentation in Favor of Request Following Swearing In By City Clerk Staff Presents Findings and Analysis Following Swearing In By City Clerk Council Asks Questions of the Applicant and Staff Mayor Opens the Floor for Anyone in Favor of the Request (anyone presenting factual information shall be sworn but anyone merely advocating approval need not be sworn in) Applicant Provided Opportunity to Respond to Issues Raised by Staff or Public Applicant Provided Opportunity to Summarize Request City Council Deliberation and Questions Mayor Calls for a Motion City Council Action City of Sebastian, Florida OFFIC OF CIT Ir TTORN[iY ® AGENDA TRANSMITTAL Agenda No. Subject: Chamber of Commerce Building; Comprehensive agreement Date Submitted: 2/7/02 For Agenda of: 2/~27/02 SUMMARY: At the time this item last appeared before Council, it was directed that a provision be added requiring that the existing building be renovated to meet the aesthetic requirements of the Riverfront District if the Chamber did not chose to demolish it in order to construct a new facility. The language discussed at that time was added. Also, some concern was expressed by board members for the Chamber that they might give back the deed to the land and a future council then look to get out of the Lease. To give them more comfort, I have restructured the deal to where the documents will be held in escrow by a third party until the Chamber makes its decision on renovation or expansion. The only other change of any significance is that the option period for the Chamber to raise funds to build a new facility has been extended from 5 to 7 years due to the unexpected economic downturn experienced in the nation. RECOMMENDED ACTION: Move to authorize execution of the Comprehensive Property Settlement and Escrow Agreement with the Chamber of Commerce.. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: fi) COMPREHENSIVE PROPERTY SETTLEMENT AND ESCROW AGREEMENT TItlS AGREEMENT made this __ day of February, 2002, by and between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called the "CITY"), and the SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation (hereinafter called the "CHAMBER"), and ************* (hereinafter called "ESCROW AGENT") provides that IN AND FOR consideration of the mutual promises herein and the execution of documents as provided, the sufficiency of which is hereby acknowledged by the parties, it is agreed as follows: 1. The CHAMBER shall execute the Quit-claim deed attached hereto as Exhibit "A" relinquishing clahus to the real property contained in the deed between the parties dated February 14, 1978, recorded at O.R. Book 578, Page 2209, Public Records of Indian River County, Florida. 2. The CITY shall execute both the Twenty-Five Year Lease attached hereto as Exhibit "B" and the Fifty Year Lease attached hereto as Exhibit "C". 3. The documents set forth in Paragraphs 1 and 2 shall be executed simultaneously herewith, and placed with Escrow Agent for further action in accordance with the terms of this Agreement. 4. CHAMBER has the option within seven years of execution hereof to commit to building a new facility in general conformance with the schematic attached hereto as Exhibit "D". Upon exercising said option, CHAMBER shall develop a site plan in conjunction with CITY that meets the architectural guidelines for the Riverfront District, accommodates existing CITY drainage to the site, protects the Hardee Oak, and preserves the reserved boat-parking rights of CITY. CITY shall cooperate in development of the site plan, shall sign on as a co- applicant for any necessary permits and approvals thereof, and shall not unreasonably withhold approval of the site plan. 5. If CHAMBER decides to exercise said option to build a new facility, it shall deliver a Notice of Intent to do so to both CITY and ESCROW AGENT. Upon receipt thereof, ESCROW AGENT shall execute the Memorandum of Fifty Year Lease attached as Exhibit "E" hereto, and record the same along with executed copies of the Quit-Claim Deed (Exhibit "A") and the Fifty Year Lease (Exhibit "C") being held in escrow. The executed Twenty-Five Year Lease shall be denoted as "Superceded", and returned to CITY. Thereupon, the ESCROW AGENT shall be discharged of further duties hereunder. 6. If CHAMBER decides to not exercise said option to build a new facility, it shall deliver a Notice of Intent to not do so to both CITY and ESCROW AGENT. Upon receipt thereof, or on March 1, 2009 if CHAMBER has failed to deliver a Notice of Intent as to either action, ESCROW AGENT shall execute the Memorandum of Twenty-Five Year Lease attached as Exhibit "F" hereto, and record the same along with executed copies of the Quit-Claim Deed (Exhibit "A") and the Twenty-Five Year Lease (Exhibit "B") being held in escrow. The executed Fifty Year Lease shall be denoted as "Superceded", and returned to CITY. Thereupon, the ESCROW AGENT shall be discharged of further duties hereunder. 7. The CiTY and CHAMBER shall equally bear the costs incurred by ESCROW AGENT and shall be pay an equal share of the reasonable professional fee for the services rendered by ESCROW AGENT in performing its duties hereunder. 8. In the event of a dispute between the CHAMBER and CITY as to the course of action of ESCROW AGENT hereunder which cannot be resolved in a reasonable time, ESCROW AGENT shall file for a declaratory action in the court having jurisdiction over Indian River County, implead the documents held hereto, and be discharge of further obligations hereunder, with the costs and fees associated with said action being recovered from the party not prevailing. 9. The CHAMBER and CITY shall indemnify and hold ESCROW AGENT harmless from any claims incurred in properly performing the duties required hereunder. 10. If CHAMBER decides to exercise said option to build a new facility, it thereby waives all rights to exercise the option contained in that certain lease between the parties and the Sebastian River Area Historical Society, Inc., dated January 22, 1997, giving CHAMBER the option to extend its lease for the building shared with the Historical Society at the southeast corner of U.S. I and Main Street beyond the initial ten year term. CHAMBER shall then vacate said premises at the earlier of either the conclusion of the initial ten-year lease term or upon issuance of a Certificate of Occupancy for a new CHAMBER facility. 11. This Agreement shall survive execution and closing of the executory agreements referenced herein, shall not merge therewith, and shall remain fully enforceable thereaiier. 12. The parties hereto specifically agree that this agreement may be properly enforced by a specific performance action brought in the court having jurisdiction over Indian River County. AGREED TO on the date first set forth above. CITY OF SEBASTIAN, a Florida municipal corporation SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation By: Terrence R. Moore, City Manager Attest: By: Its~ (Seal) Approved as to Form and Content for Reliance by the City of Sebastian Only: Sally A. Maio, CMC City Clerk (Seal) Rich Stringer, City Attorney Return to: Rich Stringer, City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 EXHIBIT "A " QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this day of October, A.D., 2001, by SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, lINC., a non-profit Florida corporation, first party, to CITY OF SEBASTIAN, a Florida municipal corporation, whose post office address is 1225 Main Street, Sebastian, FL 32958, second party: (Wherever used herein the term "first party" and "second party" shall include singular and plural, and the successors and assigns or corporations, wherever the context so admits or requires.) WITNESSETH, that the said first party, for and in consideration of the sum of $1.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the fight, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the county of Indian River, State of Florida, to-wit: Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's SubdMsion No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian River) County, Florida, as shown on a survey by R. F. Lloyd, Registered Engineer, dated 27 February, 1976, said point also being on the east line of U.S. #1, 100 feet right-of-way. Thence, on an interior angle of 90° perpendicular to the cord of U.S. #1 East right-of-way run easterly 35.00 feet; Thence, on an interior angle of 90° and parallel to the cord of U.S. #1 East right-of-way southerly 50.00 feet; Thence, on an interior angle of 90° run Westerly 35.00 feet to the East right-of-way of 'U.S. #1; Thence run 50.00 feet northerly on the said right-of-way to the point of beginning. The mtended purpose of this deed being to reverse the conveyance m that certain document between the parties dated February 14, 1978, recorded at O.R. Book 578, Page 2209, Public Recorct~ of Indian t~iver Count;, Florida. 4 TO ItAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. 131 WITNESS WltEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of.' SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation By: Witness Its: Witness Secretary STATE OF FLORIDA, COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgment, personally appeared to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this __ day of September, 2001. Notary Public - State of Florida My commission expires: TWENTY-FIVE YEAR LEASE EXHIBIT "B " The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as "Landlord", hereby leases to SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, referred to as "Lessee", those certain premises, referred to as "the premises", lying and being in the county oflmdian River, State of Florida, to-wit: Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's Subdivision No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian River) County, Florida, as shown on a survey by R. F. Lloyd, Registered Engineer, dated 27 February, 1976, said point also being on the east line of U.S. #1, 100 feet fight-of-way. Thence, on an interior angle of 90° perpendicular to the cord of U.S. #1 East fight-of-way run easterly 35.00 feet; Thence, on an interior angle of 90° and parallel to the cord of U.S. #1 East right-of-way southerly 50.00 feet; Thence, on an interior angle of 90° run Westerly 35.00 feet to the East right-of-way of U.S. #1; Thence run 50.00 feet northerly on the said right-of-way to the point of beginning. The parties a~ee to be legally bound as follows: The term of this lease h S ali ~ t~ua.':t *~ ~a~ ~ ~~~-, co~enci~at 12:01 A.M. on the 1a day of M~c~ 2009, or upon record~g of a Memor~dum of Lease pursuit to the A~eement of the p~ies ff s~d recording occurs e~er) ~ ~~ ~ ~q Lessee a~ee8 to pay ~e Lmdlord as rant for the u~e md o~upm~ of ~e presses the ~o~ of ~1 per ye~ payable on the l s~ day o~ O~ober each ~d eve~ ~e~ ~o~en~g on M~h 1, 2009, or upon e~er activation of the Lease as se~ fo~ in P~a~aph I above, at the Fin~ee Dep~mem o~e oY L~dlord or ~e designme by ~i~en no~ee given ~o Lessee. III. USE OF PREMISES The premises shall be used exclusively by Lessee for purposes associated with the traditional functions of a chamber of commerce, and for no other use or uses without the express written consent of Landlord. However, Lessee shall not commit or permit the commission of any acts on the premises, nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental role or regulation, whether now in force or hereinafter enacted, governing the premises; or (b) constitutes the cormuission of waste on the premises or the commission or maintenance of a nuisance. IV. ASSIGNMENT OR SUBLEASING Lessee may not assign, or otherwise transfer this lease, or any fight or interest in this lease without the prior express written consent of Landlord. V. SURRENDER OF PREMISES On expkation or sooner termination of this Lease, or any extensions, Lessee shall promptly surrender and deliver the premises to Landlord in as good condition as they are upon the date of occupation by Lessee, reasonable wear and tear excepted. VI. MAINTENANCE AND REPAIRS Lessee admits, by entering into possession under this lease, that the premises are now in good, clean, and safe condition and repair. Lessee shall, at all times during the term of this lease and any renewal or extension thereof., maintain, at Lessee's sole cost and expense, the premises, and every part of the premises, in a good, clean, and safe condition, flee of pests, and shall on expiration or sooner termination of this lease surrender the premises to Landlord in good condition and repair reasonable wear and tear and damage by the elements excepted. Lessee shall be responsible for the provision of all utility and other services to the premises. Lessee hereby waives any fight to make repairs to the premises at the expense of Landlord as provided by any law or statute now or hereat~er enacted. In the event that a situation in the reasonable judgment of the Landlord requires that immediate repairs be performed to any part of the Premises, Landlord may perform the same with or without notice to Lessee, and Lessee shall reimburse Landlord in a timely manner for expenses incurred thereby. VII. INSPECTION BY LANDLORD Lessee shall permit Landlord or Landlord's agents, representatives, or employees to enter the premises at all reasonable times for the purpose of inspecting the premises to determine whether Lessee is complying with the tenus of this lease and for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the premises under this lease. VIII. PERSONAL PROPERTY TAXES Lessee shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other personal property placed by Lessee in, on, or about the premises including, without limiting the generality of the other terms used in this section, any shelves, counters, vaults, vault doors, wall safes, partitions, fixtures, machinery, plant equipment, office equipment, television or radio antennas, or communication equipment brought on the premises by Lessee. iX. REAL PROPERTY TAXES All real property taxes and assessments levied or assessed against the premises by any govermuental entky, including any special assessments imposed on or against the premises for the construction or improvement of public works in, on, or about the premises, shall be paid, before they become delinquent, by Lessee. X. PROPERTY CASUALTY INSURANCE The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance in an amount equivalent to the appraised value of the improvements to the premises. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. XI. DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Landlord shall have no responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Tenant, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the premises and terminate the lease. (a) In the event the Tenant elects to repair or replace the improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage; provided, however, that all repaired or replaced improvements are done so in a manner equal to or better than the improvement being repaired or replaced. (b) In the event the Tenant, under its option, elects not to repair or replace the improvements upon the leased premises, the Landlord shall be entitled to such portion of any insurance proceeds equal to its good-fa/th estimate of the cost to remove all remaining portions of the damaged or destroyed improvements and all rubble or debris resulting from said casualty. Landlord shall be entitled to said amounts even if it decides to rehabilitate the improvements. Any remaining proceeds shall be the sole property of Tenant. XII, ALTERATIONS Lessee shall not make or penuit any other person to make alterations to the premises that will expand the lot coverage of the Premises without the prior written consent of Landlord. Any alterations to the premises by Lessee shall be made at the sole cost and expense of Lessee. Any and all alterations or improvements made to the premises shall on expiration or sooner termination of this lease become the property of Landlord. However, Lessee shall renovate the roof and fagade of the Premises to meet the aesthetic requirements of the Riverfront District of the Land Development Code within six months of the beginning of the term of this Lease. XIII. INDE~ Lessee shall indemnify and hold Landlord and the property of Landlord, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of Lessee, or by reason of damage to or destruction of any property, including property owned by Lessee or any person who is an employee or agent of Lessee, caused by or connected with Lessee's occupation and use of the premises under this lease other than intentional acts of Landlord or an employee or agent of Landlord. XIV. LIABILITY INSURANCE Lessee shall, at its own cost and expense, secure within 10 days and maintain during the entire term of this lease and any renewals or extensions of such term a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to Landlord and insuring Landlord against loss or liability caused by or connected with Lessee's occupation and use of the premises under this lease in amounts not less than: (a) $200,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and (b) $500,000 for damage to or destruction of any property of others; or such higher amount as may be set as the liability limits under the waiver of sovereign immunity provisions of law. XV. UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the premises by Lessee 30 days after this lease's expiration or sooner termination, regardless of cause, shall be deemed abandoned by Lessee and shall automatically become the property of Landlord as owner of the real property to which they are affixed. XVI. ACTS CONSTITUTING BREACHES BY LESSEE Lessee shall be guilty ofa matehal default and breach of this lease should: (a) Lessee default in the performance of or breach any provision, covenant, or condition of this lease and such default or breach is not cured within thirty days after written notice thereof is given by Landlord to Lessee; or (b) Lessee breach this lease and abandon the premises before expiration of the term of this lease. XVII. REMEDEES FOR DEFAULT Should either party be guilty of a material default and breach of this lease as defined in this lease, that party shall have available the remedies given by law or equity, and a non-defaulting party shall additionally be entitled to an award of court costs and attorney's fees against the defaulting party. Landlord, in addkion to any other remedies given by law or equity, may terminate Lessee's right to possession of the premises and recover and regain possession of the premises in the manner provided by the laws of the State of Florida. XVIII. WAIVER OF BREACH The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this lease. XIX. NOTiCES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager Tenant: Sebastian River Area Chamber of Commerce, Inc. 700 Main Street Sebastian, FL 32958 Attn: Executive Director provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. EXECUTED on this __ day of February, 2002, at Sebastian, Florida. ATTEST: CITY OF SEBASTIAN A Municipal Corporation Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: By: Terrence R. Moore, City Manager SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation Rich Stringer, City Attorney By: its: (Seal) FIFTY YEAR LEASE EXHIBIT "C" The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as "Landlord", hereby leases to SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, referred to as "Lessee", those certain premises, referred to as "the premises", lying and being in the county of Indian River, State of Florida, to-wit: Lot 1 and Lots 21 through 24, Block 1, Hardee's Subdivision No. "B" as recorded in Plat Book 4, Page 74, Public Records of St. Lucie (now Indian River) County, Florida. The parties a~ee to be legally bound as follows: I. TERM The term of this lease shall be for a period of f:ff~y (50) years, commencing at 12:01 A.M. on the day following recordation of a Memorandum of Lease pursuant to the Comprehensive Property Settlement and Escrow Agreement between the parties. ii. RECONSTRUCTION OF IMPROVEMENTS Lessee may construct a new building and appurtenant improvements upon the premises in accordance with plans to be approved by Landlord. Landlord reserves the fight to maintain boat- trailer or other public parking, and improve the same at its sole expense and discretion, along the easternmost portion of the Premises utilizing shared access from Main Street. This reservation of rights shall be deemed abandoned and terminated if discontinued by Landlord for a period of six or more consecutive months. Lessee must obtain a building permit within the one-year period immediately following recordation of the Memorandum of Lease, and construction must be completed within a year thereafter. The existing premises shall be demolished by Lessee no later than forty-five (45) days after the Certificate of Occupancy for the new structure is issued. The City Council, on behalf of Landlord, may grant reasonable extensions of the time parameters set forth within this Article upon request by Lessee. Landlord shall undertake reasonable accommodations in executing standard business documents required of a lender for construction upon a leased premises. Ill. RENT Lessee agrees to pay the Landlord as rent for the use and occupancy of the premises the amount of $1 per year payable on the 1st day of March each and every year commencing on the first March following recordation of the Memorandum of Lease, at the Finance Department office of Landlord or such other place or places as Landlord may from time to time designate by written notice given to Lessee. 11 IV. USE OF PREMISES The premises shall be used exclusively by Lessee for purposes associated with the traditional functions of a chamber of commerce, and for no other use or uses without the express written consent of Landlord. However, Lessee shall not commit or permit the commission of any acts on the premises nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or govemmental rule or regulation, whether now in force or hereinafter enacted, governing the premises; or (c) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance. V. ASSIGNMENT OR SUBLEASING Lessee may not assign, or otherwise transfer this lease, or any right or interest in this lease without the prior express written consent of Landlord. Notwithstanding Article IV, however, it is agreed that without further consent of Landlord, Lessee may sublet a part of the Premises subject to the following parameters: (a) Lessee must actively occupy no less than 50% of the Premises during the first twenty years of the Lease term, 75% of the Premises during the second twenty years of the Lease term, and must fully occupy the Premises for the final ten years of the expanded lease term. (b) Any additional occupation or subletting shall not run counter to public policy or generally- accepted community standards, and shall not constitute a nuisance. (c) Occupation of the Premises or any part thereof without payment of a reasonable market- based rental amount must only be by another qualified non-profit entity. (d) Revenues generated from subletting a part of the Premises must first be used towards reduction of the outstanding balance on the construction mortgage for the Premises, ii'any. VI. SURRENDER OF PREMISES On expiration or sooner termination of this Lease, or any extensions, Lessee shall promptly surrender and deliver the premises to Landlord in as good condition as they are upon the date of occupation by Lessee, subject to the demolition and replacement provisions of Article 11, reasonable wear and tear excepted. VII, MAINTENANCE AND REPAIRS Lessee admits, by entering into possession under this lease, that the premises are now in good, clean, and safe condition and repair. Lessee shall, at all times during the term of this lease and any renewal or extension thereof, maintain, at Lessee's sole cost and expense, the premises, and every part of the premises, in a good, clean, and safe condition, free of pests, and shall on expiration or sooner termination of this lease surrender the premises to Landlord in good condition and repair reasonable wear and tear and damage by the elements excepted. Lessee shall be responsible for the provision of all utility and other services to the premises. Lessee hereby waives any right to make repairs to the premises at the expense of Landlord as provided by any law or statute now or hereafter enacted. In the event that a situation in the reasonable judgment of the Landlord requires that immediate repairs be performed to any part of the Premises, Landlord may perform the smr~e with or without notice to Lessee, and Lessee shall reimburse Landlord in a timely manner for expenses incurred thereby. 12 VIII, INSPECTiON BY LANDLORD Lessee shall permit Landlord or Landlord's agents, representatives, or employees to enter the premises at all reasonable times for the purpose of inspecting the premises to determine whether Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the premises under this lease. IX. PERSONAL PROPERTY TAXES Lessee shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any govemmental entity on the furniture, trade fixtures, appliances, and other personal property placed by Lessee in, on, or about the premises including, without limiting the generality of the other terms used in this section, any shelves, counters, vaults, vault doors, wall safes, partitions, fixtures, machinery, plant equipment, office equipment, television or radio antennas, or communication equipment brought on the premises by Lessee. X. REAL PROPERTY TAXES All real property taxes and assessments levied or assessed against the premises by any governmental entity, including any special assessments imposed on or against the premises for the construction or improvement of public works in, on, or about the premises, shall be paid, before they become delinquent, by Lessee. XI. PROPERTY CASUALTY INSURANCE The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance in an amount equivalent to the appraised value of the improvements to the premises. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same~ XII. DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Landlord shall have no responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Tenant, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the premises and terminate the lease. 13 (a) In the event the Tenant elects to repair or replace the improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage; provided, however, that all repaired or replaced improvements are done so in a manner equal to or better than the improvement being repaired or replaced. (b) In the event the Tenant, under its option, elects not to repair or replace the improvements upon the leased premises, the Landlord shall be entitled to such portion of any insurance proceeds equal to its good-faith estimate of the cost to remove all remaining portions of the damaged or destroyed improvements and all rubble or debris resulting from said casualty. Landlord shall be entitled to said amounts even if it decides to rehabilitate the improvements. Any remaining proceeds shall be the sole property of Tenant. XiII. ALTERATIONS Except for replacement of the building as set forth in Article II, above, Lessee shall not make or permit any other person to make alterations to the premises that will expand the lot coverage of the Premises without the prior written consent of Landlord. Any alterations to the premises by Lessee shall be made at the sole cost and expense of Lessee. Any and all alterations or improvements made to the premises shall on expiration or sooner termination of this lease become the property of Landlord. XIV. INDEMNITY Lessee shall indemnify and hold Landlord and the property of Landlord, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of Lessee, or by reason of damage to or destruction of any property, including property owned by Lessee or any person who is an employee or agent of Lessee, caused by or connected with Lessee's occupation and use of the premises under this lease other than intentional acts of Landlord or an employee or agent of Landlord. XV. LIABILITY iNSURANCE Lessee shall, at its own cost and expense, secure within 10 days and maintain during the entire term of this lease and any renewals or extensions of such term a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to Landlord and insuring Landlord against loss or liability caused by or connected with Lessee's occupation and use of the premises under this lease in amounts not less than: (b) $200,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and (b) $500,000 for damage to or destruction of any property of others; or such higher muount as may be set as the liability limits under the waiver of sovereign immunity provisions of law. XVI. UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the premises by Lessee 30 days after this lease's expiration or sooner tenuination, regardless of cause, shall be deemed abandoned by Lessee and shall automatically become the property of Landlord as owner of the real property to which they are affixed. 14 XVIL ACTS CONSTITUTING BREAC~S BY LESSEE Lessee shall be guilty of a material default and breach of this lease should: (a) Lessee default in the performance of or breach any provision, covenant, or condition of this lease and such default or breach is not cured within thirty days after written notice thereof is given by Landlord to Lessee; or (b) Lessee breach this lease and abandon the premises before expiration of the term of this lease. XVIII. REMEDIES FOR DEFAULT Should either patty be guilty of a material default and breach of this lease as defined in this lease, that paxty shall have available the remedies given by law or equity, and a non-defauking party shall additionally be entitled to an award of court costs and attorney's fees against the defaulting party. Landlord, in addition to any other remedies given by law or equity, may terminate Lessee's right to possession of the premises and recover and regain possession of the premises in the manner provided by the laws of the State of Florida. XIX. WAIVER OF BREACH The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this lease. XX. NOTICES Any notice, report, statement, approval, consent designation~ demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager Tenant: Sebastian River Area Chamber of Cormnerce, inc. 700 Main Street Sebastian, .FL 32958 Attn: Executive Director provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. 15 EXECUTED on this ~ day of February, 2002, at Sebastian, Florida. ATTEST: CITY OF SEBASTIAN A Municipal Corporation Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: By: Terrence R. Moore, City Manager Rich Stringer, City Attorney SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation By: Its~ (Seal) "Exhibit D" Return to: Sebastian Ci~. Clerk 2225 Main Stre~ Sebastian, FL 32958 EXHIBIT "E" MEMORANDUM OF TWENTY-FIVE YEAR LEASE NOTICE IS HEREBY GIVEN pursuant to that certain Comprehensive Property Settlement and Escrow Agreement entered into between the parties on February **, 2002, that the CITY OF SEBASTIAN, a Florida municipal corporation, Landlord, and the SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, Tenant, have entered into a Twenty-Five Year Lease for the following described lands: Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's Subdivision No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian River) County, Florida, as shown on a survey by R. F. Lloyd, Registered Engineer, dated 27 February, 1976, said point also being on the east line of U.S. #1, 100 feet fight-of-way. Thence, on an interior angle of 90° perpendicular to the cord of U.S. #1 East right-of-way run easterly 35.00 feet; Thence, on an interior angle of 90° and parallel to the cord of U.S. #1 East right-of-way southerly 50.00 feet; Thence, on an interior angle of 90° run Westerly 35.00 feet to the East right-of-way of U.S. #1; Thence run 50.00 feet northerly on the said right-of-way to the point of beginning. a copy of which is attached hereto. Executed this __ day of ,200__. · ******************, Escrow Agent STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE ME the undersigned authority this __ day of ., 200__, personally appeared , Escrow Agent, who is personally known to me or produced as identification, who being duly swom and cautioned stated that he executed the foregoing document and was duly authorized to so act. Notary Public My Commission Expires: Sebastian City Clerk 1225 Main Street Sebastian, FL $2958 EXHIBIT "F" MEMORANDUM OF FIFTY YEAR LEASE NOTICE iS HEREBY GIVEN pursuant to that certain Comprehensive Property Settlement and Escrow Agreement entered into between the parties on February **, 2002, that the CITY OF SEBASTIAN, a Florida municipal corporation, Landlord, and the SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, Tenant, have entered into a Fifty Year Lease for the following described lands: Lot 1 and Lots 21 through 24, Block 1, Hardee's Subdivision No. "B" as recorded in Plat Book 4, Page 74, Public Recorck of St. Lucie (ncm~ Indian River) County, Florida, a copy of which is attached hereto. Executed this __ day of ,200__. ******************, Escrow Agent STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE ME the undersigned authority this __ day of , 200___, personally appeared , Escrow Agent, who is personally known to me or produced as identification, who being duly swom and cautioned stated that he executed the foregoing document and was duly authorized to so act. Notary Public My Commission Expires: 18 DRAFT HOME OF PELICAN iSLAND SEBASTIAN CITY OOUN¢IL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 13, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK .1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council- limit of ten minutes per speaker (R-99-21) 1. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Mr. Ray Coniglio Staff Present: City Manager, Terrence Moore Deputy City Clerk, Jeanette Williams Information Specialist, Ann Rousseau Airport Director, Jason Milewski Finance Director, Mark Mason Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Public Works Director, Terry Hill Lt. Gene Ewert Officer Theo Robinson Regular City Council Meeting Februanj 13, 2002 Page Two DRAFT AGENDA MODIFICATIONS {AD. DITIONS AND/OR .DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) Mayor Barnes requested to move new business item A to the last item on the agenda. It was consensus of council to do so. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 02.033 Mayor Barnes read the proclamation honoring the English Band, Sedgehill and invited the public to see the band at Sebastian River High, Friday night at 7:00 p.m. 02.034 B. Mayor Barnes read the proclamation honoring the Liberty Tree Memorial Program. 02.015 Mayor Barnes read the certificate of appreciation to Robert Browning who served on the Handicapped Self-Evaluation Committee, however he was not in attendance to receive it. 02.015 Mayor Barnes also stated a certificate of appreciation was for Herbert Albrecht, who served on the Handicapped Self-Evaluation Committee, however he was not in attendance to receive it. 7. CITY ATTORNEY MATTER-~ 02.022 A. Chamber, of Commerce Comprehens ve Property .Settlem. ent and .Escrow. Agreement The City Manager stated the agreement is rewritten as directed by Council last November. Beth Mitchell, Executive Director, stated the Chamber Board held a retreat to consider the changes requested by council and future campaign funding initiatives. Discussion followed concerning the possibility of changing the existing structure, leasing the land the structure is on and the language of the documents. MOTION by Majcher/Hill "1 make a motion that we just hold it over and confer with the City Attorney on it just for clarification." ROLL CALL: Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Motion Carried 5-0 2 Regular City Council Meeting February 13. 2002 Page Two 8. CITY MANAGER MATTERS None. 9. CITY CLER. K MATTER~ None. DRAFT 10. .CITY COUNC. JL MATTER~ Mr. Barczvk · Expressed concerns regarding the recent dog attacks and stated the county is considering an ordinanCe to address vicious dogs. He also stated concerns with animal control responding to calls. Mayor Barnes agreed the ordinance does need to be changed. He suggested a letter to the county commission expressing council's concerns regarding dog attacks. MOTION by Barnes/Coniglio "1'11 make a motion that we do draft a letter to the county regarding the strengthening of the dog, vicious dog, dangerous dog, ordinance." ROLL CALL: Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Motion carried 5-0 ..Mr. Mai.cher · Added a fundraiser is being held at Earl's Hideaway. Saturday for the child attacked by the dog. · Expressed concerns regarding the intersection at Barber and Schumann Drive. The City Manager stated Tim Rose Construction is in the process of installing a traffic light at that intersection. Mr. Hill · Expressed concern regarding the dog attack. · Asked about the Filbert Street location and the storage of the materials. The City Manager stated the plans are under,ray to develop a passive park and making arrangements to relocate the materials and finalizing a deadline. Regular City Council Meeting February 13, 2002 Page Two DRAFT Mr. Conialio · Stated St. Lucie is drafting a dog ordinance that maybe the City should consider. · Stated the north county pool is scheduled to be done mid October. · Warned citizens not to take land crabs. · Reported that Indian River County is working with access to agriculture land off 130th. · Complimented the City Manager and staff on golf course. · Expressed gratitude for A T & T's extra channel 67 to watch the Olympics. · Stated he is still receiving calls regarding rubbish removal and requested an update from Capital Sanitation. · Commended City board and committee members and requested additional volunteers to serve. 02.010 Ma¥0r B_a.mes · Expressed gratitude for A T & T's channel 67 · Advised that Sally Dale Wimbrow had passed away Feb. 11th. · Requested a motion to seat Julianne Barrett on the County Parks and Recreation Committee. MOTION by Coniglio/Majcher "So Moved." ROLL CALL: Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr, Barczyk -aye Mr. Majcher -aye Motion carried 5-0 · Mayor Barnes stated .the dog attack victim was bitten twice by the same dog and changes are needed; also there is an account established at First Union bank for the family. Tut Connelly stated the Shriners plan to help the child. 11. CONSENT AGENDA All items on the consent agenda are considered 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. Approval of Minutes - 1/23/2002 Regular Meeting 02.023 Receive Code Enforcement Orders - Case Nos. 2001-13677, 2001-17194, 2001-19663 dated 1/22/2002 (City Clerk Transmittal, orders) 4 Regular City Council Meeting February 13, 2002 Page Five DRAFT 02.024 C. Resolution No. R-02-04 Change in Polling Places for Precincts 14 and 15 (City Clerk Transmittal 2/1/02, R-02-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTIONS NO. R-01-85 RELATIVE TO THE MARCH 12, 2002 GENERAL MUNICIPAL ELECTION, AMENDING THE LIST OF OFFICIAL POLLING PLACES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OR RESOLUTIONS IN CONFLICT HEREVVITH; AND PROVIDING FOR AN EFFECTIVE DATE. 02.025 D. Resolution No. R-02-05 Authorize Application for Waterways Assistance Program Grant (City Manager Transmittal 2/7/02, R-02-05) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUN'rY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A WATERWAYS ASSISTANCE PROGRAM GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 02.026 E. Authorize the Sebastian River Ministerial Association to hold Annual Easter Sunrise Service at Riverview Park on March 31, 2002 from 6:00 am to 8:00 am (Parks Transmittal 2/7/02, letter) 02.027 F. Authorize Street Closings and Beer Sales for 3rd Annual Sebastian Riverfront Fine Art and Music Festival (Parks Transmittal 2/6/02, Memo) The Deputy City Clerk read Resolution Nos. R-02-04 and R-02-05 by title. Mr. Majcher pulled item D and Mayor Barnes pulled item B. MOTION by Majcher/Barczyk "1 move to approve items A, C, E & F on the consent agenda." ROLL CALL: Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Motion carried 5-0 Item B Mayor Barnes asked how fines would be collected relating to the code enforcement orders listed in item B. He also asked what will happen after 30 days with the Phelps Garage order. The City Manager stated the City Attorney could give council a report at the next meeting. MOTION by Barnes/Hill "Alright, let's let Rich report, I think if this needs somehow tightening up then it should be done because I can't see these things going on and on forever, in the meantime I will vote to approve item B." Regular City Council Meeting February 13, 2002 Page Six DRAFT Item D Mr. Majcher had concerns about the need and overlapping of services for a boat. Discussion followed on boater safety, derelict vessels and police presence. The City Manager stated recouping costs through fining procedures is planned to be presented in the future and that this resolution is simply an application at this point and awarded funding could be turned down. MOTION by Majcher/Coniglio "In lieu of what the City Manager has stated, I would go ahead and move that we approve item D of the consent agenda with the recommendation that down the road we would have to come up with some finalized ideas and concepts to put this into work." ROLL CALL: Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Motion carried 5-0 12. PUBLIC HEARING 02.018 Ordinance No. O-02-04 - Board of Adjustment Redesi.(:lnation (City Atto. rne¥ Transmittal 2/7/02., 0-02-0.4, Le.qi.s!at ve and Final Forma~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-1-2.5, BOARD OF ADJUSTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The Deputy City Clerk read the title and the Mayor opened the public hearing at 7:58 p.m. The City Manager stated the ordinance was straight forward. There being no public input, the Mayor closed the hearing at 8:00 p.m. MOTION by Hill/Majcher "1 move to pass Ordinance O-02-04." ROLL CALL: Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barozyk -aye Motion carried 5-0 Regular City Council Meeting February 13, 2002 Page Seven D AFT 02.008 B. Ordinance No. O-02-02 - Parkinq Nuisances (City Attorney..Transm ttal 2/7/02, 0.-.02-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3 (NUISANCES) ILLUSTRATIVEENUMERATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE, The Deputy City Clerk read the title. Mayor Barnes stated this item was coming back to council and he opened the public hearing at 8:01 p.m. There being no public input, he closed the hearing. MOTION by Coniglio/Barczyk "1 move to adopt Ordinance O-02-02." ROLL CALL: Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Motion carried 5-0. 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda ~ sign-up required- limit of ten minutes for each speaker Henry Dolan, 444 Ponoka Street, gave a presentation on drainage problems within his subdivision. Tape I, Side II (8:03 pm) The City Manager stated that the Public Works Director and Growth Management Director have been in touch with Mr. Dolan. The Growth Management Director presented an overhead projection which indicated drainage tracts and naturally Iow land, including the lowest point of the city. The Growth Management Director indicated that the developer has regraded areas and installed two drains. The last area was not backfilled until direction from meeting tonight. The developer is correcting the problem, however, some areas have not been corrected because they are designated wetlands. Discussion followed on types of drains and water accumulation. Council asked the Public Works Director and Growth Manager to stay on top on the situation. Mayor Barnes requested an update in a month. 14. COMMITTEE REPORTS/RECOMMENDATIONS 02.014 A. .plann n,q .a..pd Zoning Commission Interview, Unless Waived and Appoint to Regular Member Position to Planning and Zoning Board (City Clerk Transmittal 1/31/02, Applications, Advertisements, Board Members) Mr. Hill made a motion to reappoint William Mahoney. Council then interviewed Eva Schofield and urged her to consider serving on other boards if she was not chosen. 7 Regular City Council Meeting February 13, 2002 Page Eight DRAFT MOTION by Hill/Coniglio "Same motion." ROLL CALL: Mr. Coniglio Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill -aye -aye -aye -aye -aye Motion carried 5-0. B. Code Enforcement Board 02.028 Interview, Unless Waived and Appoint To Regular Member Position to Code Enforcement Board (City Clerk Transmittal 2/4/02, Application, Advertisement, Board Members) Council interviewed Mr. Simmons. MOTION by Barczyk/Hill "Move to approve Mr. Simmons for the unexpired term to expire on March 1, year 2003." ROLL CALL: Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Motion carried 5-0. Mayor Barnes called a recess at 8:28 p.m. it was noted that all who were in attendance prior to the break had returned at 8:42 p.m. 15. OLD BUSINESS 16. NEW BUSINESS 02.030 Approve Amendment One to Work Authorization Three of LPA Group, Inc. C.o_ptract (Air. port Transmittal 2/5/02, Amendment) The City Manager stated a couple of contract modifications were in order as a result of contact with the St. Johns River Water Management District. Mark Jansen, LPA Group, described that an environmentalist and surveyor were needed to provide permits for a wetland area at the airport. Bill Ramsey, 141 Edward Drive, asked how this will make land available. Regular City Council Meeting February 13, 2002 Page Nine DRAFT Bill Flynn asked if this included the paving of Airport Road. MOTION by Barczyk/Hill "Move to approve Amendment One to Work Authorization Three titled "Access Roads/Water and Sewer/Security Gates." ROLL CALL: Motion carried 5-0. Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye 02.031 Approve the Proposed Scope and Fee Proposal for General Engineering Services from .Kimley-Horn and Assoc. Inc. for Construction Improvemer~t i.~ 20. F~ot Alley Runninu parallel to CR 512 Between Laconia ~treet and the Terminus Just EaSt of Wimbrow Streel for Total Fee of $28,00Q00 {General services TranSmittai"2/4/02, 'ScoPe, Fee PropoSal) The City Manager stated in the current fiscal year the City included this improvement to CR512. Jeff Mullis, Kimley-Horn, stated this project would include paving and drainage. MOTION by Majcher/Hill "Move to approve the proposed scope and fee proposals for general engineering services from Kimley-Horn and Associates, Inc., for the construction plans for the improvement to the 20 foot alley running parallel to CR 512 between Laconia Street and the terminus just east of Wimbrow Street, for a total lump sum fee of $28,000.00." ROLL CALL: Mr. Majcher -aye Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Motion carried 5-0. 02.032 Approve the Payment of $57,965.91 to Florida East Coast Railroad for Main Street and Schumann Drive Grade Crossing Rehabilitation ('Finance Tr~'nsmittal 2/5/02, FECR Bill, Intent to Work-Main Street, Intent to Work-Crossing Rahab) The City Manager stated this appropriation is an obligation due to a 1978 agreement. MOTION by Majcher/Barczyk "Move to appropriate $57,965.91 and authorize payment to Florida East Coast Railroad of same for grade crossings rehabilitation of City railroad crossings." Rehabilitation of City railroad crossings." Regular City Council Meeting February 13, 2002 Page Ten ROll CALL: Mr. Hill -aye Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Motion carried 5-0. 02.029 A. Sebastian Municipal Airp,o,rt Master Plan (Airport Transmittal 2/5/02, ..Final Draft Under Separate Cover) The City Manager stated industry standard calls for airports to development a master plan that is updated every five years. Doug DeCarlo, LPA Group, Inc., stated master plans are required to receive federal and state funding so that airport needs are documented. He stated the City's key issues included pavement, maximizing land use to instigate economic growth, industrial park development, utility extension and access roads. Mr. DeCarlo explained this report also includes demand/capacity growth and requirements which included use alternatives and a layout plan to identify the scope of uses for the airport. Tape II, Side I (9:19 p,m.) Bill Ramsey, 141 Edward Drive, spoke on the need for runways. Peter Feaman, attorney representing Skydive Sebastian, spoke in opposition of the final draft which includes a possible future drop zone for Skydive in the northwest corner of the airport. He requested the master plan adoption be postponed. The City Manager stated the City is willing to work with FDOT, FAA and Skydive Sebastian on a drop zone. Bob Denton, 11245 Roseland Road stated the final review committee did not promise Skydive Sebastian the south area in between the runways. He also spoke on the hazards of the southern in-field drop zone. Mr. DiCarlo stated that the FAA did not approve of the southern in-field and existing drop zones because people would be walking over runways and aircraft would intersect with aircraft. Allen Holden, a Yero Beach pilot, spoke on the hazards of the southern drop zone and traffic patterns. MOTION by Hill/Majcher "1 could discuss this, I mean I would move to pass the master plan tonight for discussion." Discussion continued on both parties compromising. ]0 Regular City Council Meeting February 13, 2002 Page Eleven ROLL CALL: Motion carried 5-0. Mr. Coniglio -aye Mayor Barnes -aye Mr. Barczyk -aye Mr. Majcher -aye Mr. Hill -aye 17. Being no further items, Mayor Barnes adjourned the meeting at 10:03 p.m. Approved at the ,, , Regular City Council Meeting. D AFT Walter Barnes, Mayor Sally A. Maio, CMC City Clerk 11 HO~ OJ~ PF~CAN BLAND City of Sebastian, Florida Subject: Florida City County Management Association 56~ Annual ~~,~__~...~City M" .~r Agenda No. ~ ,~'3(~_____ Department Origin: Ci~anager Finance Department: ~~.- Date Submitted: 02/15/2002 For Agenda off 02/27/2002 Exhibits: EXPENDITURE REQUIRED: Education: $225.00 Travel/Pier Diem: $475.00 AMOUNT BUDGETED: Education: $2000.00 Travel/Pier Diem: $4,200.00 APPROPRIATION REQUIRED: Education: Travel/Pier Diem SUMMARY The Florida City and County Management Association ("FCCMA") will hold its 56t~ Armual Conference at the Hyatt Hotel, located on Sarasota Bay, Sarasota, FL., beginning on May 21-26, 2002. This year the educational program will focus on "Cities and Counties: Partners in Progress." RECOMMENDED ACTION Move to approve the City Manager to attend the Florida City and County Management Association (FCCMA) 56th Annual Conference scheduled to be held at the Hyatt Hotel, located on Sarasota Bay, Sarasota, FL, on May 23-26, 2002. Subject: Attachment E-6 Resolution for Assistant for the Florida Inland Navigation District Waterways Assistance Program ~d for ~bl~y: City Manager Terrence R.Cq~loore Department Origin: Date Submitted: 02-20-02 For Agenda of: 0~-~7-09~ Exhibits: Attachment E-6 Resolution for Assistance Under the Florida inland Navigations District Waterways Assistance Program EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY On February 13, 2002 City Council adopted Resolution R-02-05 authorizing the City Manager t.o apply for a Florida Inland Navigations District Waterways Assistance Program Grant. Upon completing the grant application, it was determined that Attachment E-6 Resolution for Assistance Under the Florida Inland Navigation District Water Ways Assistance Program ofthe application must also be adopted by City Council in the proposed format. RECOMMENDED ACTION Move to adopt Artachmem E-6 Resolution for Assistance under the Florida Inland Navigation District Waterways Assistance Program in accordance with the District's required format. : ATTAC]tM~NT E-6 RESOLUTION FOR ASSISTANCE UNDER Ti:IE. FLOR/DA ][NL~ NAVIGATION DISTRICT WATER'rAYS ASSISTANCE PROGRAM VV~]~A,q, Tt{E City of Sebastian is harvested ~n canT~g out ~e fo~Ow~g described p~oj eot for ~e enjo~ent of~ eiize~ Of - Se~sti~ ~d ~e Stac of FloH~: Proj¢¢~ Tire Waterway BoatLng Safety Program Total Estimated Cost $ 50, ooo Brief Description of Project: See First Page AND, Florida .~land Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the that the project described above be authorized, City of Sebastian (Name o/Agency) AN-D, be it further resolved that said the City of Sebastian (Name of Agency) make application to the Florida Inland Navigation District in the amount of actual cost of the proj eot in behalf of said AND, be it further resolved by the faat it certifies to ~e following: the C~y of Sebastian 50 % of the OVame of Agency) City of Sebastian (Name of Agenc30 1. TSar it will accept the terms amd conclitio~ set forth h~ FIND Rule 66B-2 F.A.c. and wtfich will be a part of the Projec~..~greement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached p~oposal and that it will carry out . the Pro,am in the rammer described in flae proposal and m~y plans mad specificatim~ attached thereto mntess prior approval for any chaage has been received from the District. Fom~No. 90-11 (1Lev. and fha the project will be 0pcrated and maintained at the expense of said City of sebastian for public use. (Name of Agency) 4. That it will not discriminate against any Person on the basis of race, color or national origin in the use of any property or facility acquired, or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. g8-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility.by lmudicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it Will maintain adequate financial records on the proposed project to' substantiate' claims for reimbUrsement. 6. TMt it will make available to FIND if requested, a poSt-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by F]IxrD. This is to certify that the foregoing is a true m:~d correct copy of a resolution duly and legally adopted by the city Council,. city of sehast±an at a legal meeting heldonthis 27th daYof Pebmaz5r 200__g__2. That it has the ability and intention to finance its share of the cost of the project the Attest Signature Title Title FormNo. 90-11 (Rev. 10-t4-92) (2) City of Sebastian, Florida Subject: Special Event Approval for Sebastian River Art Club's Art Shows in 2002 -03 dMfor Submittal by: ......... o ore, C-it~ iV~an~i~er Agenda No. /~o~ . O~ 7 ....... Department Origin: Parks Supt. Chris McCarthy Dept. Head: '~.~,,.,~.4 ¥~, ~C.~ ~-,:.~..~.. Finance: Procurement:. Date Submitted: 02/20/2002 For Agenda of: 02/27/2002 Exhibits: None EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY The Sebastian River Art Club would like Council approval for Art Shows in 2002 and 2003 to be held at Riverview Park from 8 AM until 5 PM. The shows will be held on October 19, 2002, November 16, 2002, December 14, 2002, January 18, 2003, February 22 + 23, 2003, March 22, 2003 and April 12, 2003. City Staff has met with representatives from the Art Club to make sure there were no conflicts with other scheduled events at the Park. RECOMMENDED ACTION Move to approve Art Shows by the Sebastian River Art Club on October 19, 2002, November 16, 2002, December 14, 2002, January 18, 2003, February 22 + 23, 2003, March 22, 2003 and April 12, 2003. All Art Shows will be held at Riverview Park from 8 AM until 5 PM. ...... City of Sebastian, Florida Subject: Approval for Park Event and Road Closings needed for 2nd Annual Learning Nest 5K Run ~for Subm. ittal by: Agenda No. 0~.. 0,.3 8 Department Origin: Parks Supt. Chris McCarthy Dept. Head: ,~'~,c (X~.~C( Finance: Procurement: Date Submitted: 02/21/2002 For Agenda of: 02/27/2002 Exhibits: Letter from Lora Van Meir EXPENDITURE BUDGET AVAILABLE: APPROPRIATION RE QUIRED: N/A N/A REQUIRED: N/A SUMMARY Lora Van Meir, President of the Learning Nest PTA would like your approval for the 2na Annual Learning Nest 5K Run and road closings needed for this event. This Park Event will take place at Riverview Park on Saturday, June 1, 2002 from 7 AM until 10:30 AM and they are expecting 150 to 200 runners and walkers to participate. Indian River Drive from Davis St. south to Harrison St. will need to be closed from 7:30 AM until 9:30 AM. RECOMMENDED ACTIONS Move to approve 2nd Annual Learning Nest 5K Run at Riverview Park on June 1, 2002 from 7 AM until 10:30 AM. Move to approve closing Indian River Drive form Davis St. south to Harrison St. on June 1, 2002 from 7:30 AM until 9:30 AM. Febmory 20, 2002 Lora Van Meir The Learning Nest 1088 Barber Street Sebastian, Fl 32958 Terrence Moore City Manager 1225 Main Street Sebastian, F1 32958 Dem- Mr. Moore: Please accept this letter as a request to have our 2"d Annual Learning Nest 5K Run on June t, 2002 starting at 8 AM and ending approximately at 10:30 AM Th[,' 5K mn will begin and end at the Riverview Park. A distance of approximately 1.5 miles will be utilized for the race proceeding north on Indian River Drive. We '~'oald like to have access to the park clve to pre-registration beginning at 7 AM prior to thc race and also, we will be handing out trophies and serving refreshments to all of our entries and their family and friends after the race. Please contact me at your earliest convenience regarding my request. Due to the fact that we can not continue our organized efforts regarding the race until we know that we have June 1,2002 booked for our race, we would appreciate a prompt response. You may contact me at the above address or phoneme at work..The number is 562- 616i. Thank you for your consideration with tiffs matter. Since, rely, Lora Van Meir, President of the PTA The Learning Nest ~d ~£0 :or ~o o~ City of Sebastian, Florida Subject: Final Plat for Phase III of Fischer Lake Island Subdivision. Approved for Submittal by: Exhibits: R-02-07, Application, and Plat. Agenda No...~, ~,'~,~ Q .......... Department Origin..'. ,Gr~owth Management Tracy E. Hass~ Date Submitted · February 21, 2002 For A~.e.n. da of: February..... 27, 2002 EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Henry A. Fischer has filed a final plat application for Fischer Lake Island Phase III. Fischer Lake Island is designed as a deed restricted private single-family community. Phase 111 consists of 8.71 acres containing 9 lots. The typical lot is approximately 220' x 110' with a minimum of 30' fi-ont setbacks, 15' side setbacks, and 25' rear setbacks. Each lot has a 20' rear easement for purposes of lake maintenance. The developer completed all infrastructure and site development requirements during Phase I construction, including installation of public water and sanitary sewer as well as a closed drainage system with curb and gutter road sections. Access to phases IH will be accomplished via Eagles Circle, within the subdivision, and access to the subdivision is via Watervliet Street, which intersects with CR-512 at CR-510. Additionally, all engineering, and surveying details have been satisfied in accordance with Florida Statutes. RECOMMENDED ACTION Move to pass Resolution R-02-07 for Fischer Lake Island Subdivision Phase III. RESOLUTION NO. R-02-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS FISCttER LAKE ISLAND PHASE Iii; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Henry A. Fischer has filed an application for approval of a final plat for a subdivision known as Fischer Lake Island Phase Ill; and WHEREAS, said final plat complies with applicable State and City codes and regulations; NOW THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT AppROVAL. The City Council of the City of Sebastian does hereby approve the final plat for Fischer Lake Island Phase Ill prepared by James A. Fowler, P.S.M. prepared November 20, 2001, and revised January 21, 2002, as maintained on file with the City Growth Management Department. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section3. 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 into a vote, the vote was as follows: Mayor Walter Bames Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Resolution duly passed and adopted this 27t~ day of February, 2002. CiTY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian Development, Order Application Name; aandy L. Mosby, P.~..,. MOS~Y & ASSOCI~ ~NC. ~dre~: ~45.5 14th Av~n~e. ~ero BEaC.~ F~ P~ Numbe~ %61 ) 560-6035 F~ Nu~b,~ { 561 ~ 776-361 ~ ~Q~ 7B00.6.8~ Sebastian, F~ 3~7~-0068 Pna~e Num~ [ ) F~ Num~n~ ~ 61 ) 561 589-~159 589f773~ E-Malt; 17 A Fische~.._L.a. ke Island. RS-20 ReSiden~ial ~[ mm ...... ~ t~e Is,~an~ ~~): Final pt ~ti~ of phase SUbdivision Lot~ 12 to 16 B10~k A . ~ ~. ___._L~ ~ -, ~ _ . :: .:, ~. ~.. FT~,~ of peru',ti or ~= on r~e..~' ' ....... J ~eT~tt A~pticat~on N~.. Mosby Ph0neNum~(5~l) 569- 0035 F~Num~r: (561) 778- 3617 ' MOSBYO01 ~yahoo. com Mr, War=eh DZll, P.A, 2455 14.~.b~.~vD. ape, VerQ ~ea.ch, FL 32960 m~o~Num~n(561) 569 ~035 F~Num~ (56]) 77~3617 929 NumbS(561) 562 ' 4744 F~NUm~E [561 ) 56F 0963 P~rmit Application No, Supplemental Information Final Plat Approval × 1. The following info,mnation is required on all final pla~s: × a, Name of subdivision. × b. ~t!e BIocK. ×. ¢, Legal Description. Index Sheet, The final plat slqall c~mply with Chapter 177, Florida Statutes, and shall show all lengths of arc~ together ~th central angles, radii, and points of curvature. x f. Scale. x g. North arrow on every sheet. Bearing or azimuth reference shall be clearly stated on the face or first page of the plat. x n, The point of beginning shall be bolclly shown, Al1 intersecting street right-of-way shall be joined i=y the long cord of minimum radius of twenty-five feet and alt dimensic~ns shown. All adjoining pa=Ferry shall be identified by a subdivision title, plat book and page or, if unplatta~, the tend shall be s designatecl., If the proposed plat borders upon any public water bodies, delineate the mean high water line. x I. Permanent reference makers shall De shown. X m. In the upper right hand comer, provide a three inch by five inches space to be used by the cte~ af the circuit court for recording information. x_._. n, The plat shall be accurate wi~ 0,01 foot and shall be tied accurately to. ail township, range, and section lines. o. On the cover sheet or first page shaw a vicini~ sketch, x p. Lot an blocks shall be numbered or lettered. ] Fo,"'n~ CD-2024 File Name: $ifinptt ] Permit xq, The plat shall contain the name of each street shown. All right-of-way and easements widths and dimensions shall be shown on the plat. x 2. Attached the following: × a. SLx copies of the final plat. (-Fwo sets must be sealed.) b. Three seal sets of as-built plans. ~ON FILE I ~p?roveC: 8/'27/97 '[ Revision: ,,, Final Plat '" File/dar~e: .City of Sebastian, Florida Subject: Resolution No. R-02-06 Vacation of Easement - Russo Lots 11 & 12, Block 118, Sebastian Highlands Unit 4 Approved for Submittal by: Agenda No. ~,~. ~ ,~,. ~, Department Origin: Growth Managet;nent Date Submitted: 2/19/02~~(TH) For Agenda of: 2/27/02 Exhibits: 1) R-02-06 2) Site EXPENDITURE REQUIRED: None Map 3) Staff Report AMOUNT BUDGETED: None 4) Application 5) Utility Letters JAPPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the western five (5) feet of Lot 11 and the eastern five (5) feet of Lot 12, Block 118, Sebastian Highlands Unit 4, less the southernmost ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. This request does not abandon any part of the rear 10' drainage easement. RECOMMENDED ACTION Adopt Resolution No. R-02-06 RESOLUTION NO. R-02-06 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 11 AND 12, BLOCK 118, SEBASTIAN HIGHLANDS UNiT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 865 Patterson Avenue within the City of Sebastian; and WHEREAS, the owners of the land upon which said improvements shall be built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIlE CiTY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The westem five (5) feet of Lot 11 and the eastern five (5) feet of Lot 12, less the southernmost ten (10) feet thereof, all being in Block 118, Sebastian Highlands Unit 4, as recorded in Plat Book 5, Page 102, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. conflict herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing This EFFECTIVE DATE. All resolutions or parts of resolutions in resolution shall be recorded in the public This resolution shall take effect immediately Resolution 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 Walter Barnes Councilmember Joe Barczyk Councilmember Ray Coniglio Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this .,2002. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney NOR?M PONOKA STREET N 00°13'30" E 125.00' ......... ~' ?.Il.& D.tr ........... ,,b ~17 Dt~tW:WAY 5 00°13'30" ~' 725,00' ~. GLENCOVE- STREET ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for John & Rosemaria Russo Requested Action: Abandonment of the side public utility and drainage easements located on the western five (5) feet of Lot 11 and the eastern five (5) feet of Lot 12, Block 118, Sebastian Highlands Unit 4, less the southernmost ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 865 Patterson Avenue Lots 11 & 12, Block 118, Sebastian Highlands Unit 4 John & Rosemaria Russo 19 Country Greens Court West Islip, New York 11795 MGB Construction, Inc. 945 Fellsmere Road, #3 Sebastian, Florida 32958 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted on the western five (5) feet of Lot 11 and the eastern five (5) feet of Lot 12, Block 118, Sebastian Highlands Unit 4, less the southernmost ten (10) feet thereof. The clients wish to construct a single family dwelling on a double lot. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: a. Florida Power & Light: b. Southern Bell: c. AT&T Broadband: d. Indian River County Utilities: e. City Engineer (drainage): Growth Management Director Comments: Staff Recommendation: approved approved approved approved approved none Approve Resolution R-02-06 Prepared by Date City of Sebastian Development Order Application Farmlt Application Ne._ wrftten autha~zatien.~n0t~r~zed) from owner Js ~quired] App~ant not Name: John Russo ~d ~se~ria Russo 19 Co.try ~ef~5 Court; West Islip, New York 11795 ~hO~e Num~z ( 631 ) 699-~349 F~ Num~em ( ) E-Mail: ChA,.n. gr (if d~enant from applicant) ..... Name: sa.me Address: Phone Numben ( ) -' FAX Numben E-Mail: IType abandonment of easement between Sot 11 & 12 Block 118 unit 4 0f pen~ or actiol9 requested: ALL ~P$, ag~, D~WINGS, ~C. SHALL B~ A~ACH~ AND ~9/2' ~Y J ~" COPIES OF A~ A~ACHMENT~ INCLUDED. A~ACH ~E APPROPRIA~ SUP~LEM~AL ~NFORMA~Q~ FORM, A.' Project's Name (if applicable): B. Sit~ Information a~dress: 865 Patterson Avenue ~t: 11/12 Block; 118 Un~: 4 Su=divtsJ~: Sebastian Highlands Irldian p~veCCounty Parcel ~ Zoning Cia~ifi~on: single family r.e.~idence · ¢' O~c~pti~3n of proposed activity and pumeu~e offfie requestad permit or action (~r~ch a~"~ sheets if DATER, EOF. IVIED: ~L/'~ / "~ I i FNe N~me: Dee Pm_ject Personnel: ..~ ~. ..... Agent: ...... Name: MGB Construction, Inc Add~ 945 Fellsmere Road,; Sebastian, FI 32958 Phone Numl:en ( 561 ) E-Mall: Attorney: Nama: N/A 589 7472 FAX Numben ( 561 )589 ' 0663 Phone Numben (") - FAX Numben ( ) - E-Marl: E. ngioeer: . , Name: ' Xcldre.~ Ron Keller US 1 Sebastian, FT 32958 KSM Enginee[ lng FAi Num~en ( ) - Phone Numt',en ( 561 ) 589 0712 561 589 6469 E.M~iiI: Surveyor: Name: Tom Cecrle Cecrle land Surveying, Inc A~r~s~ 10749 US Hwy 1 Sebastian, FT_ 32958 Phone Num~n ( 561 ) 388" 0520 FAX Numben ( 561 ) 388 0520 E.Maii: AM TH~ ~mL RE~RESENTA~ QF ~E OWNER OF ~E ~R~FER~ DESCRIBED WHICH IS ~E SU~ECT ~R OF THiS ACCURA~ AND T~UE TO TH~ BEST QF ~ ~GWLEDGE AND BE~EF, ..... c ~ ~ ~ ~ ~/3 /~~~ ~.,~ I 800 ) NOTARY F%~. NO m ~ COMMI~IONG~k: NO~I~TION ....... ' ~ - ~L~.~~., ~_ .L 4~v. ed'. oa.c'/'l;7 J RaVi:iitm; ........... File Nam;: The following is reqvired for ~1! compr, hensive plan amendments~ zoning amendment (including rezoni~g), site plans, conditional ~e pe~t~ special use pe~i~ valances, I/A~VE, ..~ TH= ~3WNi~R(]) ~ THE LEgAl. REPRESENTATIVE O~ ~E OWNER ~ ~ PRO~R~ O~ORIB~ SUBJECT OF TNI$ APP~CA~ON, H~EEY A~H~R~ ~Ch ~D ~ERY M~B~R OF ~E ~OAR~COMMIS~IQN OF THE ~ OF ~EBA~N ~E "BOARD'~O~MI~ION~ TO P~SI~Y ~NT~R UPON AN~ VI~ ~E PROPER~ ~N CQNNEC~ON ~ ~/OUR ~ENDING AFPLICA~ON, HEREBY WAiVe. ANY OBJE~,T~ON OR DEFENSE t/W~, MAY HA~, DUE TO PEOC~D[N~3, R~SUL~NG FROM A~ ~QARD/CQMMIS$1ON M~B~ ENTERING O~ VI~NG ~R A~ERT1ON ~AT ~/OUR PROOEDU~L OR SUa~AN~ DUE PRQ~ES$ RIGHTS UNDER ~E FLORIDA ~ON~ON OR ~E UN~D ~A~ ~QN$~QN W~E ~O~D BY SUCH EN~RING THIS WAIVER AND CONSENT 15 BEING SIGNED BY ME/US VOI. UNTARILY AND NC3~' AS A RESULT OF ANY COERCION ~PLI~D, OR PNC~lSES ~D~Y A~ ~PL~E, A~E~, CONTRACTO~ OR OFFiC~L OF THE C~ OF ~EBAS~AN. /~'GNATUAE ' ~ DATE ~om t0 a~d su~bed before me aye. ' ' ' · ~e is pemonally ~o~o me or pmd~ ~ ~ '~ :~ ~ ......... as ide~lfi~tion,~is,~ day of ,~,,dff:H~v' .-~, Seat: F~te Nature: D~a permit Al~pllcatlon Supplemental Information Easements, vacation of Describe the easement to be vacated (provide a lecja[ descdptior% if possible): Public Utility and Drainage Easement l~cated between T_otll Block 118 Unit 4 and 5ot 12 Block 118 Unit 4 in Sebastian Highlands Why is [his vacation of an easement being r~ques~. constr.uction of a sin~le~a~_~lv resid~n£~ A~mch a survey showing t~e loca~on af ~he prol=an7 lines, ali easemenm and all structures on We propertY. 1~-m CD-2~09 Approved: ~27/~/ .... Name: FE~. 1£. £00~ i: 09PM BLDG DF_PT SEBASTIAN NO, 648 P. 1/2 City of Sebastian 1225 MAIN STI~ET [2 SEBASTLAN, FLOR2DA 32958 'TELEPMONE (561) $89-5537 [] F.4~Z (561) ~89-2566 RI~OImST FOR February 13, 2002 crlofion of Easemeat~to be_abandoned: The public ndlity and drainage easement located on the western five (5) feet of Let 11 mid the eastern five (5) feet of Lot I2, B£ock 118, Sebastian t-tighlands Unit 4, tess tl:e southernmost t~ (10) feet thereof. Location of EasemenT: 865 Patterson Avenue, Sebastian. Florida UTILITY: Terry Hill, Interim City Engiaaer ~PKOV~:~"-- ~ ~ (si~a~) co~z~s:_.~C~ Ce~ek,c.r-~c~' ~'rr. Dorrl BoswortAx, City of Sebastian, Qrcwth Management Departinent Fax No, (561) 589-2566. 11/15/2000 18:22 5614896224 ST LUGIE SVG CT~ ~=~- ms City of Sebastian 1225 MALN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589.5537 [] FAX (56],) 589-2566 RKOU'I~ST FOR ABANDONM~,,,~rr OF EASEMENT l%bruary 13, 2002 Description of Easement to be sban~oned: The pubic urllJvy md drainage 8a.Mm~! Ic~ated ~ the western fiv~ (5) feet of Lot 11 mc~ tl'= eastern five (5) feet of L~ ~2, Block tlS, Seb,~,tien HigMau~ Unit ,;, le~s :he southernmost mn (10) Met thereof. Location of_Emement: 865 Pstter~on Avenue, Sebastian, Florida UTILITY: Pedro Rub~l~L FAX NO: (561) 489-6224 APPROVED: ~ DENIED: DATE: A£PROVED/DI~NTED BY: COMMENTS', ~ ~:~ Q. $:g~/~..'C'"~ Dorrl B~swor~h,'City cf Sebastian, G'row~h M~agement Dep~r~m~ No. ($~1) 589-2566. 0]/24/2002 89:45 552-770-53~8 ZRC U%ILITIES PA~E 83 R.BOIYE~T F_..O_ R A~ANDONiM~NT OF EASEMENT FebrmLry 1.3, 2002 Descrivtion of Easumen!~to~be abandoned: The public ~tility md ~a~nage 2~emmt located ~e ~este~ five ((5) feet of Lot tl md ~e e~e~ ~ve (5) feet of Lot 12, Block 118, Sebastian High,ds Unit 4, less ~2 sou~a~ost t= (10) f~t ~ereof. Locationof Easement: 865 Patterson Avenue, Sebastian, Florida UTILITY: Kevin N, 0sthus, I.R.C, Utilities . / APPROVED: ~., DENIED: APPROVED/'DENrED D Y~w~t ~ (signature) FAX MO: 770-5143 COMMENTS: P,.aturn to: Dorri Bosworth, City of Sebastian, Growrla Management Depaxtment Fax No. (5~1) 589-2566. UZ/.L4/U:' rI'HLt u~: D.~ City of Sebastian 1225 MA~ STREET [] SEBASTL~, FLORIDA TEL~PHOlqE (561) ~89-55~? [] FAX(561) 599-2566 FOR ABAND,.ONM~NT OF EASE1VI~NT~ Febm~u~y l 3, 2002 D__eserlpfion of Easement tO be abar~floued,: The public u~ ~ ~sge e~em~n~ lo~t~ flae west~ five (5) feet of Lot 11 ~d ~e' e~stem five (5) f~t of Lot 12, Block Seb~tian I~i~ Unit 4. less ~e sou~emmo~t t~ (10) feet ~eof. L~afion pf Easempn~ 865 Pa~son Av~ue, Sebasfi~, Flofl~ ~TILITY: Craig Bowem/CooMe Shaw, AT&T Broadba~ F~ NO: 567-8449 ~PROV~:. [ : COMMENTS Return .to; Dorr~ Bosworth, City of Sebasfi~m, Orow~h Management Department Fax No. (561) 589-2566. FEB. 12,E002 City of Sebastian 129-5 MAIN STREET [] SEBA~TIA.N, FLORIDA TELF.~HON~ (561) 559-~5~? D FAX ($61) 599-2566 RE UE 1~O O NT OF EASEME February 13, 2002 ~es, crip"{-- of Easement m be abandone~: Thc pubic thc w~st~r~ fi'~e (5) f~et of Lot 1l ~d ~e ~ fiv~ (5) f~ of~t 12, Block lt~, S~b~ Hig~ Unit 4, 1~ ~e sou~O~ ~ (10) f~ ~of. L~cafion~.f Ea~ement~ 865 Patroon Av~ UT~: ~k W~r, Be~ Sou~ F~ NO: 561~657/~ ~PKO~D:~ ~ DE~D: ~,, DA~'. / ~PRO~D~~ BY; .... COMI~ENTS :._____~------- r{eturn Dorri Bosworth, City of Scbastim~ OruWth Management Department Fax No. (561) 589-2566, City of Sebastian, Florida AGENDA TRANSMITTAi. Subject: Ordinance 0-02-05; bicycle regulations Agenda No. ~2~ D2 O Date Submitted: 2/20/02 For Agenda of: 2/27/02 SUMMARY: The Police Department seeks local regulations of bicycle rider laws so that a program of bike safety classes in lieu of fines may be instituted. RECOMMENDED ACTION: Move to adopt Ordinance 0-02-05. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE.~~ ~''~ ORDINANCE 0-02-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA CREATING SECTION 98-9 BICYCLE REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council finds that local regulation of bicycle riders will enhance enforcement through greater flexibility; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Section 98-9 which shall read as follows: SEC. 98-9 Bicycle Regulations (1) A person operating a bicycle may not ride other than upon or astride a permanent and regular seat attached thereto. (2)(a) A bicycle may not be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his or her person in a backpack or sling. (b) Except a provided in paragraph (a), a bicycle rider must carry any passenger who is a child under 4 years of age, or who weighs 40 pounds or less, in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle. (c) A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle. (d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passengers' head by strap, and that meets the standards of the American National Standards Institute. As used in this subsection, the term "passenger" includes a child who is riding in a trailer or semi-trailer attached to a bicycle. (e) A bicycle rider or passenger who violates this subsection may be issued a city citation by a law enforcement officer and assessed a fine. (3) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway. (4) The City may waive, reduce, or suspend payment of any fine imposed under subsection (2) or subsection (3) and impose conditions on the waiver, reduction, or suspension. (5) All bicycle violations will be annotated on the existing City Parking Violation Citations, entered in the other block. (6) Moving and Helmet violations will be assessed a $25.00 fine. (7) Violators may attend a bicycle safety class that will allow the fine to be waived, reduced, or suspended. Section 2, CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine 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 further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council. The foregoing Ordinance 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 Walter Barnes Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted this 27th day of February, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida Subject: Reconsideration of Ordinance No. O-00- 05, a large-scale amendment to the comprehensive plan which amends the future land use map to Industrial (IN) for certain property located adjacent to Dale Street just South of Gibson Street along the far Northern City limits, containing 14,85 acres more or less. Approved for Submittal by: AgendaNo. 0 7 ~)4 [ Department Origin:. Ctr/o~wth Management Tracy E. Hass ~ Date Submitted: February 20, 2001 For Agenda of: February 27, 2001 Exhibits: O-00-05, Application for Comprehensive Land Use Change, Location Map, Staff Report and P&Z recomrnendation~ C o un t y C o rame n t s EXPENDITURE REQUIRED: I AMOUNT BUDGETED: APPROPRIATION REQUIRED: None [ None None .... SUMMARY In accordance with Paragraph 163.3177(6)(a), Florida Statutes, which requires local governments to include public school siting criteria in their comprehensive plans, the City will not be permitted to officially adopt changes to the Comprehensive Plan until school siting criteria has been added. Therefore, the Sembler/Kirrie and Davis land use amendments must be re-adopted after adoption of Ordinance O-01-21, which includes the requisite school siting criteria. C.N.K. Inc. has submitted an application for a large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), fi-om Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to IN to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area. lying with/n the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County, Attached you will find an application for comprehensive land use change, a detailed staff report and a location map. Additional attachments include the transmittal letter to the Department of Community Affairs (DCA), the DCA Objections, Recommendations and Comments report, along with a series of letters addressing the concerns that were raised within said report, and the new school siting criteria language as requested by DCA. The planning and zoning commission recommended approval of this comprehensive land use change at their regular meeting on January 20, 2000. Furthermore, the City Council passed the first reading of Ordinance No. O-00-05 at a public hearing held on February 23, 2000. RECOMMENDED ACTION Hold second public hearing and second reading of Ordinance No. O-00-05. ORDINANCE NO. 0-00-05 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNt, FLORIDA, APPROVING AN A_M~NDM~NT TO TH~ COlVI~REH]SNS~ PLAN WHICH A_M~S ~ FUTUI~ LAND USE MAP TO INDUS~ USE .(IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND .28, SECTION 30, FLEMING GRANT; AUTHOI~IT. ING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; A_N-D PROVIDING FOR EFFECTIVE DATE. WHElk.iS, the City Council has considered the application of the C. N. K., Inc., for an amendment to change the land use for certain property, as reflected on the Future Land Use Map from LD (Low-Density Residential) to Eq (industrial Use); and WHEREAS, the City Council has considered the criteria identified in Section 20A- l 1.g(c)of the Land Developmem Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and Wlq-i~REA, S, the City Council has considered the applicable provisions of the existing Comprehensive Land Use plan; and WHI~REAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF ~ CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORH)A, as follows: Section 1. AFFECTED PROPERTY. The small scale amendment to the Comprehensive Plan Fu~re Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated, area of the City of Sebastia,~ Indian River County, Florida: Lots 16, 27 and 28, Section 30, Fleming Grant, (as subdivided byhe Carter Survey as recorded in filed in Plat Book 2 Page 11 of the Public l~ecords of Brevard County, Florida, and A.A~ Berry's Plat as recorded in filed in Plat Book 2 Page 25 of the Public Kecords .of Brevard County, Florida). Section :~. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to IN (Industrial Use) for the affected property as described in Section 1, above. Section 5. TRANS1VI1TTAL. The City Manager is directed to transmit a certified copy hereof 'to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ~ Section 5. SEVERABILITY. In the event.a court ofcompetemjufisdiction shall hold or determine that any par~ 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 further be assumed (hat the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing sa~d remainder to remain in full force and effect. Section 6. EFFEC~ DATE. This Ordinance shall take effect upon issuance of a Notice of Intent by the Florida Department of Community Affairs finding the amendment herein in compliance. PASSAGE IYPON FIRST READiNG ~/~(~/~.000 The foregoing Ordinance was moved for passage upon first reading by Councilmember ~ 6DqP_-- . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. Kathryn Mi"O an 'ra City Clerk ADOPTION Ordinance was moved for adoption by Councilmember The seconded by Councilmember to a vote, the vote follows: being put Mayor Chuck Councilmember Joe 1: Barnes Ben A. Bishop J. Majcher, Jr. S~e next page - change of City 'Council members pursuant to ~arch 2000 and 2001 elections. M)OrTION The foregoing Ordinance was moved for adoption by Councilmember l~a.j eher The motion was seconded by Councilmember 3arczyk and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A~ Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James IT_tll g'ye r~ay aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 11 th day of July ,2001. CITY OF SEBASTIAN, FLOtE[DA ATTEST: City Clerk By: ~,/~ Walter Barnes, Mayor Approved as to form and legali .ty for reliance by the City of Sebastian only: Rich Stringer, ~(ty Att~ney City of Sebastian Development Order Application Permit Application No. Applicant (If not owner, written authorization (notarized) from owner is required) Address: Phone Number: (~;/) E-Mail: FAX Number: (o~-¢/) Li.~,¢. ~ Owner (If different from applicantl Name: · Address: ' Pho'~e Number:. ( ,¢~; / "' E-Mail: FAX Number:. ( ) Type of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS SURVEYS, DRAWINGS, ETC. SHALL BE A~'ACHED AND 81/2" BY 11" COPIES OF ANY A'FTAOHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM, A. Project's Name (if applicable): ' B. Site Information Address: LotLr Block: Unit: Subdivision: /z, :, ,z,,t /.--/¢ indian Riv'er c~unt~' Parcel #: ' Zoning Classification: Future Land Use: Existing Use: Proposed Use: C. Description. of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): ~',¢1 p'/ ,~' c.. /,¢F~ ,¢~' DATE RECEIVED: L~/~---7Z iForm CD-2OOf Approved:. 05/27107 Revision: FEE PAID: il File Name: Dca RECEIVED~ Parle ~ of' 3 Development Application Permit Application No. D. Project Personnel: Agent: Name: ¢ Address PhoneNumbe~(~/ )~ . ~-~ ~2 F~Numbe~ (,c~/ ~_~- · . E-Mail: A~omey: Address Phone Number. ( 6-~ i ) . E-Mail: ,_¢_5_ 5//7 FAX Numbe¢. (6"&/) j ~.~' Name: Address / Phone Number. ( ) . E-Mail: FAX Number:. ( ) - Surveyor: Address PhoneNumben(%¢l:),~%~ - ~/ ~/ F~Numben (~f)~G2. 7/ ~0 E-Maih I, C.~ · I~[~J~_~IL~'- , BEING FIRST DULY SWORN, DEPOSEAND SAYTHAT: AM THE LEGAL REPRESENTATIVE OF THE OWNER OF.THE PROPERTY DESCRIBED WHICH IS TH'~UBJECT MATTER OF THIS~ APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKE.TCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE WHO I,-~-~-E~SCNALLY KNOW~J TJ%.I~E OR PRODUCED AS iDENTIFICATION, THIS ~_~(~.,, DAY OF 1 NOTARY, S SIGNATURE ~ PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: ~Form "CD- 2001 Pat Revision: ppficaEon File Name: Dca Permit Application No. The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and. appeals. J]WE, THE OWNER(S) _.~THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBEI~ WHICH IS THE SUBJECT OF THIS APPLICA'FION; HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "BOARD"~'COMMISSION") TO PHYSICALLY ENTER UPON'THE PROPERTY ~RTY iN CONNECTION WITH MY/OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE ~ANE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPER'PC, 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, BYANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SiGNATbR~ '/ ..... ' ' DA~:E Swom to and :dbed before me by ~.../1J . K I~i ~- who is me or produced as identification, this Notary's Signature Pdnted Name of Not; Commission No./Expiration Seal: MY C0UMISSION f CC ~12 E~IRES: June 19, 2o00 CD:200 LA,proved: 08 V/gV .... ,~a~e 3 of 3 I Revision: Development Appfication File Name: Dca Permit Application No, Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY: 1. Current land use map designation:.. ~ ~) 2. Proposed land use map designation: ~ 3. Size of project in acres: / ~"-...... ¢ ....... Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City.. ........ Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)?. ~ ~/' Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? [Forn-~ CD-2OOa Approved: 8/27/97 Page ~ of 3 Revision: Comp. Plan Amend. (Land Use) File Name: $icpalu Permit Application No. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment?, , //~////,//~' Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? Are there adequate public facilities to serve the proposed land use? which one(s) are not adequate? ~.,./, .... if not, Would the proposed amendment result in a sighificant adverse impact on the natural environment? If so, describe the impact. ./.~,g~ . Form CD-2008 Page 2 of 3 Comp. Plan Amend. (Land Use) , File Name: Sicpalu Approved: 8/27/9T Revision: 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city?, if so, describe how. /~.//~, 12. Does the proposed amendment result in an orderly development pattern? not, describe, ~ ~ ...... If '13. Attached the following: __ a, A verified statement showing each and every individual person having a legal and/or equitable ownemhip interest in the subject property except publicly held corporations whose stock is traded on a nationally re_c~gni:,ed stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. ~ b. Attacl~ a list of the names and addresses of all owners of pamels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the prope~7 for which the land use amendment is being requested. Appmve~: 8/2T/;7 J- Page3 of 3 JCemp. Plen Amend. File Name: $ic, f~alu O~ Sect/on 30 Fleming Grant ~p ~ 01.2,~ ~mpiled 02/16/9~ ~ lhe I~ian R~r ~unty Pm~rty A~tr~ 0[~ t HO~E. OF PF.[~C.A~ i~[A~lD Growth Management Department Comprehensive Plan Amendment Application Staff Report 1, Project Name: 2. Requested Action: 3. Project Location a. Address: b. Legal: C. 4. Project Owner: C.N.K. Inc. Land Use Change from LD to IN Lots 16, 27, 28 Fleming Grant Ind-ian River County Parcel Number: 00-30-38-00001-0300-00016.0 Project Agent: Project Engineer: Project Surveyor: Charles Day Sembler 1731 indian River Drive Sebastian, Florida 32958 (561) 589-5142 C.N. Kirrie 12855 79"' Avenue, P.O. Box 144 Roseland, Florida 32957 (561) 589-5547 N/A Carter & Associates 1708 21~ Street Vero Beach, Florida 32960 (561) 562-4191 Project Description Narrative of proposed action: C.N.K. Inc. has submitted., an application for a large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to IN to accommodate a proposed North: East: South: West: Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies adjacent to residential/mixed use property, lying within unincorporated Indian River County. Current Zoning: RE-40 ' Adjacent Properties Zonin.q Current Land Use Future Land Use Residential/Vacant (County) C-IN Residential (County) C-IN Vacant (HCP) C Vacant (HCP) C Rose-4 A-1 C C/Rose-4 Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: 14.85 acres Vacant Mykka Pine, Oak, Scrub, Palm Zone X Indian River County Utilities Indian River County Utilities HCP - adjacent Sebastian Police- 6 miles Indian River Fire - 5 miles Coastal Management: Consistent Recreation and Open Space: Consistent Comprehensive Plan Consistency a, Future Land Use: Consistent b, Traffic Circulation: Consistent c: Public Facilities: Consistent d, Housing: Consistent e. 2 10. 11. 12. 13. 14. 15, 16. 17, g. Conservation: Consistent h. Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: Land Use Compatibility: To the north and east of the parcel ties Industrial land within unincorporated Indian River County containing a transfer station, and various industrial-manufacturing facilities. The proposed land use classification allows similar uses and is therefore compatible with the neighboring land use classification. To the south and west of the property lies conservation property for a scrub jay habitat and future passive recreation facilities. Strange as it sounds, Industrial uses are compatible and preferable neighbors for such habitats. The proposed land use allows more intensive uses than the LD residential designation, but is more compatible with the current land use designations and uses in the surrounding area. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: The public facilities are adequate for the requested land use change. The proposed use is not expected to impact existing public facilities. Natural Environment; The proposed land use change will not significantly impact the natural resoUrces.` Economic Effect: There will be a greater economic impact created by the land use change. The existing allows for Iow density residential and the proposed will allow high intensity industrial development, which will create a more significant tax base. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development 'given the location of the site adjacent to Industrial property, availability of water and sewer and convenient access to CR-512. Public Interest: The proposed land use change is not in conflict with the public interest. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Access to Roseland Road will minimize traffic impacts in the area. The proposed land use change will create a slightly greater impact on the water, wastewater, drainage and solid waste facilities. 19. An~dysis: C.N.K. Inc. has submitted an application for a large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to IN to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County. Conclusion: The requested land use change from LD to IN is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Attached you will find an application for comprehensive land' use change, a detailed staff report and a location map. The planning and zoning commission recommended approval of this comprehensive land use change at their regular meeting on January 20, 2000. Furthermore, the City Council passed the first reading of Ordinance No. O-00-05 at a public hearing held on February 23, 2000. PREPA~RI~D BY D ~ ... ~., owner 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 20, 2000 Roll call: Chron. Schulke - yes Mr. Mahoney - yes Ms. Vesia - yes Mr. Barrett - yes Mr. Gerhold - yes Mr. O'Donnell - yes The vote was 6 - 0. Motion carded. PUBLIC HEARING - Recommendation to City Council - Proposed Land Use Change - Lots 16, 27, & 28, Section 30, Fleming Grant C.N.K., Inc. - Low Density to industrial Use No ex parte communications were reported. Mr. C. N. Kirde, 12855 79th Ave., Roseland, was present and, along with Tracy Hass, was sworn in by the Chairman at 7:18 P.M. Mr. Kirde gave a presentation on his request. Tracy Hass gave staff presentation which recommended that City Council approve this request. Discussion took place and Mr. KirTle answered numerous questions. Atty. Stringer offered information about the Habitat Conservation plan for adjacent property. It was pointed out that on page 3 of the staff report, under item 16, the reference to "CR- 512" should read "Roseland Road". Chmn. Schulke opened the public headng at 7:38 P.M. Mr. Fred Mensing, an adjacent property owner of lot #15, was sworn in at 7:39 P.M. and spoke in favor of this request. There were no opponents present and the public headng was closed at 7:41 P.M. MOTION by Barrett/Gerhold I'll recommend the recommendation to City Council for approval on proposed land use change on Lot 16, 27, 28 and 30, Fleming Grant, C.N.K. Inc., to Industrial. ("This motion should not have included Lot 30, as it is not part of this application. This motion shall be corrected at the next regular meeting, for the record.)' Roll call: Ms. Vesia - yes Mr. Mahoney Mr. Gerhold - yes Chmn. Schulke Mr. Barrett -yes Mr. O'Donnell - yes - yes - yes The vote was 6 - 0. Motion carded. CJty of Sebastian ]225 MAIN STREET Fl SEBASTIAN, FLORIDA 32958 August 1, 2000 Stan Boling, AICP Planning Director Indian River County 1840 25th Street Vero Beach, Florida 32960 Reference: City of Sebastian Proposed Plan Amendment DCA Ref. #00-1 Dear Mr. Boling: As was discussed during our joint meeting on 18 July 2000, the City of Sebastian is in the process of identifying alternative access routes for the property under review for the Plan Amendment. As stated in Robert Keating's letter to the DCA on March 28, 2000, item number two identified the only access from the subject property to the thoroughfare system as being through a residential subdivision (located in the unincorporated county). This access is not appropriate for industrial type traffic being that Dale Street is an unpaved residential street. Access was originally anticipated to be via 129th (Dale) Street. However, due to concerns as outlined by the County staff and neighboring residents, the City is prepared to offer an alternative access plan. The City now wishes to grant access via 130th (Gibson) Street, which currently serves as an industrial thoroughfare. However, to access lot 16 via Gibson Street, the applicant will need access rights across the North end of lots 15 and 19 (owned by Indian River County for the Habitat Conservation Plan). Mr. Fred Mensing, owner of lot 15, is prepared to grant access rights via the North end of lot 15. As you well know, the Gibson Street (130th) terminus is adjacent to the North end of Lot 19. Therefore, the City is requesting approval from the County to grant an access easement along the North end of lot 19. At this time the exact dimensions are not known, but 50 to 60 feet seems to be adequate for access purposes. Please see the attached location map for further clarification. Land Use Amendment Ordinance No. 0-00-05 Another concern as outlined by Mr. Keating was the property being adjacent to environmentally sensitive land (the North Sebastian Conservation Area) and that any type of permitted industrial use could be established on the subject property, some of which may have a negative impact on adjacent environmentally sensitive lands. We appreciate the County's concern about potentially threatening activities. Policy 1-2.3.1 of the City of Sebastian Comprehensive Plan establishes that Industrial uses include: manufacturing, assembling and distribution activities; warehousing and storage activities; general commercial activities; and other similar land uses which shall be regulated through appropriate zoning procedures. Heavy metal fabrication, batch plants, salvage yards, chemical or petroleum manufacturing or refining, rubber or plastics manufacturing, or other uses generating potentially harmful environmental or nuisance impacts shall be prohibited. We feel this policy incorporates the necessary provisions to prevent potentially harmful development and insure you that it is not the intent of the City to allow heavy industry within the corporate boundaries of the City of Sebastian. We certainly look forward to resolving these issues and wish to work with the County staff in ultimately devising a mutually acceptable access plan for lot 16. Please review this proposal and advise as to its suitability. If you have any questions or comments regarding this matter, please do not hesitate to call me at (561) 589-5537. Sincerely, Tracy E. Hass Director of Growth Management Enclosure CC: Michael Busha, AICP, Treasure Coast Regional Planning Council Charles Gauthier, AICP, Department of Community Affairs Land Use Amendment Ordinance No. 0-00-05 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, V'ero Beach, Florida 32960 Tebphone: (561) 567-$000 Oct0~er 9, 2000 Tracy E. Hass City of Sebastian .~,.¢25 M~n Street Sebastian, FL 32958 RE: City of Sebastian Proposed Plan Amendment and Access to Sembler Site Dear Mr. Hass: On September 6, 2000, staff received your letter dated August 1, 2000 and, since then, has researched the issues raised by your letter. That letter contains a proposal to address traffic concerns relating to a recently proposed City of Sebastian comprehensive plan amendment (DCA Ref# 00-1). In reviewing that proposed amendment, county staffhad commented that the land use change would result in industrial traffic traveling through residential local roads in Roseland. According to your letter, the City proposes to resolve those traffic problems by creating access to the Sembler site via 130th Street, a collector road that currently serves residential and industrial uses. Although access to an additional, new industrial site via 130th Street is preferable to accessing such a new industrial site through purely residential roads, staff has the following concerns with the new access proposed in your letter: L. The proposed access would traverse conservation property acquired by the county allowance for such access would require county and FCT approval. Allowing indus~ial access across conservation land would require ~tigafion for the loss of conservation l~d use to roadway use. At a previous meeting With st~, ~ere was discussion of a potenfi~ "swap" of the requested county~CT road fight-of-way ~ea in return for privately owned "gaPs" or strips within the envelope of the existing over~l conservation re'ea. It is counW sta~ s unders~ding ~at ~y such "gap" ~eas that may exist were acquired by quit-clhm deeds. ConsequenOy, any proposal for a swap would requke sub~ttal of rifle work and a title opinion that substantiate pfivam clams to ~ese "gaps'.'. Thus, your request does not yet include documented m~d specific ~figafion for ~e proposed loss of conservation l~d. Such infomafion will be necess~y to move the request forward. u\d\s~hass letter Also, it is unknown at this time whether the proposed access would'impact wetlands on the conservation property. The developer of the project would be responsible to mitigate any wetland impacts (and to obtain jurisdictional agency permits). Page 1 of 3 An industrial project driveway across Lot 15, which is zoned agricultural (A-l), would not be allowed under the county land development regulations (LDRs). The county's LDRs, however, would allow a 60' wide platted road right-of-way across the a~iculturally zoned Lot 15. Creation of a new right-of-way may also require changes to locations of existing structures to meet county setbacks from the new tight-of-way. Any platting, road construction, wetland mitigation (if needed), and setback remedies (if needed) would be the responsibility of the applicant. The proposed connection to 130th Street would abut a 35' wide potential future residential access point to 130th Street. Such abutting access points are so close together that they may not meet the normal standard driveway/roadway separation distance criteria (70' to 150' measured centerline to centerline). Thus, any design of a new connection to 130th Street will need to adequately address this access separation issue. The proposed industrial access would abut residential properties and, under county LDRs, would require a "double frontage" buffer at a m/nimum. Such buffeting would be the responsibility of the applicant. To move the proposal forward, the following needs to occur: Submital of a formal request to the Board of County Commissioners to release 60' of county conservation property for a road right-of-way, and Submital of a survey for the area of which you are requesting a release, including setback information for adjacent structures and any setback remedies (if needed), and Submital of a proposal of how the conservation area lost to road tight-of-way will be replaced and submit title work and a tire opinion of any "replacement" property intended to mitigate the conservation area loss, and Subm/tal of a road and fight-of-way design, and corresponding prehminary and final plat applications, acceptable to county Public Works and Traffic Engineering, that provides for the previously referenced double frontage buffer, and Acknowledgment that all costs associated with application submittal, road construction, mitigation work (if needed), setback remedies (if needed), and buffering will be borne by the developer of the project. In regard to introducing new industrial uses adjacent to the conservation area, county staff appreciates your explanation that "heavy" industrial uses will not be allowed and that any allowed uses will be regulated through city zoning procedures. County staff looks forwm-d to the opportunity to provide comments on any specific industrial use site plan if and when any such development proposed for the property occurs in the future. ~/)~'x' u\d\s\hass letter Page 2 of 3 If you should have any questions ~'egarding this matter, please do not hesitate to contact me at 567- 8000, ext. 1253. Sincerely, Planning Director Attachment: Letter and Map from Tracy Hass' CC: Robert M. Keating, AICP Roland DeBlois, AICP Jim Davis, P.E. Chris Mora, P.E. Jeanne Bresett Will Collins Mike Busha (TCRPC) Charles Gauthier (DCA) Doff Roy (TM# 2000.0480) u\d\s\has$ letter Page 3 of 3 September 20, 2001 BOARD OF Right-of-Way Abandonment: Portion of Gibson Street RW-01-12-07/2001090090-284.~6 Dear Property Owner: Please be advised that the Technical Review Committee will consider the above referenced application (please see attached map) at its regular business meeting of Wednesday, September 26, 2001 at 1:30 p.m. in the 2nd floor conference room. You are invited to provide any comments you may have to the planning staff. As an adjacent property owner, should you have any questions or comments please contact the planning department at the number below. Once staff has r~viewed the application and any comments received, the application will be considered by the Board of County Commissioners. If any additional information is required, please contact me at 56%8000, ext. 1242 Sincerely, John W. McCoy, AIC~' Senior Planner, ,Current Development Attachment: Location Map FAC. ommuni~y D~v¢lopment\Users\CurDev\SPO\gibson ave row spo,doc, rrm ,Tr, affic ~arri,$r : North Sebagtian (Sebastian Municipal Airport) ~'$¢bastian Cit Area N EXHIBIT A Abandonment. 9/26/01 ROLAND M. DEBLOIS, AICP INDIAN RIVER COUNTY 1840 25TH ST VERO BEACH, FL 32960- Project Name: Project Description: Project Number: Application Description: Application Number: File Number: Tax ID,9: INDIAN RIVER CObq~/TY RIGHT OF WAY AB.&N'DONM]ENq' 200 t 090090 28456 RW-01-12-07 00-30-38-00001-0300-00008.0 Dear ROLAND M. DEBLOIS, AICP: The above referenced application has been reviewed by the Technical Review Com.m:-=e (TRC). The following application discrepancies have been identified: (PL3) - PLANNING: CURRENT DEVELOPMENT 1. The planning staff has no objection to' the proposed abandonment. (PW 1)- PUBLIC WORKS__ :PLAN/PLAT DRAINAGE 1. Based on review of Exhibit A, it appears the request will not affect any adjacent properties. However, a sufficient amount should be determined and retained as necessary for turnaround use southeast of the last southwesterly lot in what appears to be tract 18. This amount may be as much as 100 feet. i. PW2) - PUBLIC....WORKS: PLAN/PLAT R-O-W (PW3) - PUBLIC WORKS: PLAN/PLAT TRAFFIC. 1. Traffic En~mneering will provide the necessary signage for the permanent abandonment of this Right-of-Way. 2. A turn around area will be required at the southern terminus point of 130th Street. (UT1) - CO UTILITIES:PLAN/PLAT WATER & SEWER 1. The Depa.?_~-_.ent of Utility Services does not object to the abandonment cf the subject right-of-way provided that a utility easement over r~5e area to be abandoned is dedicated to the County. (3'IRE i - FIRE DEVELOPMENT PLAN REVIEWS [[REMARKS]] A written response to ever.,, discrepancy comment, seven (7) copies of the revised plat, and a completed "Project Applic~on Resubmirtal Form" (copy attached) must be submitted to the Planning Division to conti.-_-_'e the application review process. The discrepancies do not appear to be significant; therefore, no second TRC meeting will be required for reconsideration of the proposal. Once the response and resubmirtal materials are submitted to the Planning Division, TRC members will review the resubminal and determine its adequacy. If staff determines that another TRC review is needed, the_-_, your application will be scheduled for another round of TRC review. If, however, staff determines chat the resubmittal is adequate, then the application xvill be reviewed for scheduling on the next available Board of County Commissioners meeting. The resubmittal must be turned into the Planning Division at least 15 days prior to the Board of County Commissioners meeting at which the applicant wishes the application to be considered. Please be advised that the Board generally meets on every Tuesday, except hohdays the last Tuesday in a month. Finally, please be advised oi the following restrictions on "lobbying" activities that apply to all site plan, Non-PD special exception, administrative permit applications and any appeals related thereto. Case law holds that lobb;2g of board members outside of regularly scheduled meetings may nullify most types of deveiooment approvals. You should have no contacts with members of the Board of County Commissioners, Planning and Zoning Commission, Board of Adjustment, or 334.03 Definitions.--When used in the Florida Transportation Code, the term: (1) "Arterial road" means a route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road. (2) "Bridge" means a structure, including supports, erected over a depression or an obstruction, such as water or a highway or railway, and having a track or passageway for carrying traffic as defined in chapter 316 or other moving loads. (3) "City street system" means all local roads within a municipality, and all collector roads inside that municipality, which are not in the county road system. (4) "Collector road" means a route providing service which is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs. (5) "Commissioners" means the governing body of a county. (6) "Consolidated metropolitan statistical area" means two or more metropolitan statistical areas that are socially and economically interrelated as defined by the United States Bureau of the Census. (7) "Controlled access facility" means a street or highway to which the right of access is highly regulated by the governmental entity having jurisdiction over the facility in order to maximize the operational efficiency and safety of the high-volume through traffic utilizing the facility. Owners or occupants of abutting lands and other persons have a right of access to or from such facility at such points only and in such manner as may be determined by the governmental entity. (8) "County road system" means all collector roads in the unincorporated areas of a county and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System. O. ff~'g Of County.' Attorney. 1 i~ 2 iNDIAN RIVER COUNTY ATTORNEY ,.1, .: 3C2 J~nuary: ,. MEMORANDUM To; Bc-=rd of C 3untv Commissioners · ... :'~ ":,'n:y A;icrney Pa..'-:. ~a-~e..~ C.N Kirtle Propcsat Recommendation: ,,. e s ia:tar or conceptual approval, subiect to additional feasibility study, cooperation of the City of Sebastian and the D...p,.,, ,men, of the Inlerior U.S. Fish and Wildlife Service. negotiation and approval of an appropriate agreement, a release of claims from Mrl Kirrie, and compliance with Section 125.37. Florida S~atutes (2001). Discussion' Presented herewi'th is ~ letter from C.N. Kirtle, dated January 9, 2002, propos;ng an exchange of prcper-I:y. Inasmuch as [here are many variabies affecting the prooosa. I suegest that the Board of County Commissioners r-.-.n ic',~" , .- .... s _, the proposal, subfec: ;,,. acditional fe~sib, i!::-, 5tud'¢' ant ::.*.er governmenta: .3sc:era: .:-'a3or:va! et.; PGB Robe,,";, M. Keating..AICP. Community Development Director James W. Davis. P.E.. Public Works Director 9 danztary 2002 C.2V. Kirrie 12855 79ta Ave Roseland, :FL 32957 (561) 589-5547 _Re: Access to Sembter Property RECEIVED Pazd Bangei Chief Indian River County Attorney Note; Alt offers, presentations and_proposals, pr!or to this date are no lon'ger available and are not to be considered. Proposal: C.N. Kirrie will trade ~5 acre from the southerly end of the Sembler Tract, Lots 27 & 28, AA Berry Subdivision in the Fleming Grant, for a sire of tand 60' wide to access the Sembler Tract Lots 16, 27 & 28 of the AA Berry Subdivision in the Fleming Grant. The 60' strip will abut the 130t~ Street (Gibson Street) right-of-way and cross Lot 20 of the AZ Berry Subdivision at the most practicat and least intrusive location on the Northerly end of said Lot 20, to contact Lot 28 of the Sembler Tract. It is suggested that the trade to Indian. River County, be taken as a stri]v from the southerly ends of Lots 27 & 28, m that the land is already clear and would provide the cleared buffer strip required by the Management Plan for the North Sebastmn Conservation Area(N.S.C.A.)1/29/98, page 6. Since the management plan for the N.S. C.2~., does not include the cteared]vortion of the ]30th Street right-of-Way, see.page 6 & 7 (exhibits 4 & 5), the use of a~proximately 700'of the right-of-way may well be obtained under minor modification to the ;_TP/~CP No. TE026007-0 dated 8/31/2000, which was subsequent to the need for access to the Sembler Tract. Also see leaer from the City of Sebastian ('exhibits 6 & /~) referring to out-parcels in the N.S.C.A., dated 8/24/2000 and letter from R. Keating, IRC Planner to Ray £uban~, D.C.A., dated 3/28/2000. The 700'access from the ]vresent gate xoutherty, may be considered as the second access to the N.S. desired, some.paring can be included on the ~o..utherly end as part qf the construction of 130'~ Street. ]-~e construction of the rood, on ~he 700'oje.l$O~ ~ree~ right-qf-~.,, will do~e ~. ,~/r. ~ie, mod~ca~ion of the ~P.,,~ C.P. will be a joint effor~ ~e~.'een fndian ~iver Cow~., and ~he Ci~' of Seb~tz'an. ,4~>. flr~,ate entities or ~ups (Ot~er than reco~ized conse~,an~on ~oupg) using the ~i~ie to~t~cted pomion o~ ~0~ &feet, shall reimturse ,~r. ~irrie t~roug~ the cow~' on a~air share ba~ed on t/~e fnn! .zosr ~Fcon~truction. N GI$,SON STREET ,NOR TH SEBli $ Till N SES,q $ T/A iV C,~ T¥' ht,q L L .0 MaD ! Telephone: BOARD (561) 567-8000 (56D 978-1806 OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DEPARTMENT 1840 25a Street, Veto Beach, Fl 32960-3365 January 30, 2002 Mr. C.N. Kirrie P. O. Box 144 Roseland, F1 32957 Dear Mr. Kirrie: Attached please find a copy o£the staff report on your proposal for a land swap with the County. As you lmow, this issue will be discussed at the Board of County Commissioners meeting of February 5, 2002. Sincerely, Community Develo:~ment Director Attachment CC: James Chandler Fred Mensing Roland DeBlois · .Paul B angel TO: FROM: DATE: SUBJECT: INDIAN RIVER COUNTY, FLORIDA MEMORANDUM James E, Chandler County Administrator Robert M. Keating, AICP )~5'( ,~ Community Development Director January 29, 2002 Consideration of Land Swap Proposed by C. N. Kirrie It is requested that the information provided herein be given formal consideration by the Board of County Commissioners at/ts regular meeting of February 5, 2002. BACKGROUND: At its meeting of January 15, 2002, the Board of County Commissionei;s considered a land swap proposed by C. N. K/me and presented to the Board by the County Attorney (Attachment 1). Mr. Kirrie's purpose in proposing the land swap was to obtain access from the Gibson Street (130o' Street) fight-of-way to a fifteen acre tract located within the City of Sebastian. With the Gibson Street access, Mr. Kirr'/e expects the Cit'5,' of Sebastian to change the land use and zoning o~-the Ebeen acre tract to industrial. After listening to Mr. K/rrie and discussing the issue, the Board opted not to take action on' the proposal. Instead, the Board directed community development department staff to review the proposal, consider its impacts, and report back to the Board. This is that report. HISTORY: In November 1996, the Board of County Commissioners purchased the St. Sebastian PU-D property. That was the first of three acquisitions which together comprise the --/437 acre North Sebastian Conservation Area (NSCA) property. The other two purchased properties ;,,'ere the AGC Industrial Tract and the Anstalt property. Map 1 (Attachment 2) depicts the NSCA property', the fifteen acre Kirrie tract, and the Gibson Street right-of-way. As indicated on that map, the NSCA abuts the Kirtle parcel on three sides. The remainder of the Kirrie parcel borders unincorporated county property designated as residential on the Land Use Plan Map. Comprised predominately of scrub and wetlands, the North Sebastian Conservation ,aa-ea property :vas purchased as a cost share acquisition w/th the Florida Communities Trust IFCT). using environmental lands bond funds as the local match. The land :,,,as purchased not only to preserve scr-ub, which is an endangered ecolog-ica] community', but also to sem'e as mitigation for allowing development of several hundred Sebastian Highlands lots having building r~trictions associated with the federally-protected scrub jay. To address the scrub jay' issue, the Count,,' worked with the City of Sebastian and the U.S. Fish and Wildlife Sem.'ice tFWS~ to prepare a scrub jay habitat conservation plan (HCP). Completed in 2000, the HCP scm-ed as the basis for FWS to issue ar, incidental take permit ~,[TP). allowing tee development o£ the several hundred Sebastian Highlands building lots affected by Endangered Species Act (scrub jay) de:-elopment limitations. Throug. b. the HCP and ITP. the County and City' of Sebastian committed to undertake various actions. Overall. those actions focus on conseiwing and managing various County', City', and school board properties for scrub jay habitat. Specific management activities that must be undertaken include fire management of the conservation lands. abandonment of the Gibson Stree: .dght-of-xvay. selected canopy' re:'novZ .._-,n conse~'ation prope~ies, and other actions. La association with the County's purchase of the NSCA parcels, several land ownership issues arose. Those issues relate :o ownership claims made by Fred Xlensing. Currently', .',.Lt. *Iensing claims o.`vnership o1:' t-,vo strips of property. One strip claimed by Mr. Mensing lies along the Anstalt property bounder3,,' and runs easterly from the western edge of the property to the FEC railroad rifA'tt-of-way. The other strip ¢lairned by ..Mr. Mensing is the south 60 feet of lo: 20. panning from the Gibson Street rifA'tt-of-way to the K/rile tract. Although the Mensing claims are shown on Map 2 ~_-Xnachment 3) for ~llustrative purposes, neither has been depicted on the property appraiser's parcel map. For the past couple of years, N~. Kir'he has been at-tempting to get the City of Sebastian to change the land use designation of the fifteen acre tract on wkich he has a purchase option from residential to industrial. Imtially. Mr. Kime's plan was to access the fifteen acre property from Gibson Street tkrough the Lot 20 Mensing-claimed strip. Because concern was raised over whether Mr. Kirrie could obtain clear title to the Mensing strip, the City of Sebastian did not approve Mr. K.irrie's request to change the land use desi=maation of the fifteen acre tract from residential to industrial. Mean,.vhile, Count',' staff, consistent with the requirements of the [TP. has in:tiated the process of abandonin~o_ the GL_on"'~- Street right-of-way throu,zh_ the NSCA. The abandonment process, ho,,vever, kaz been put on hold until the Mensin~ l~d chim issues and the Kinde land swap have been resolved. KIRRIE PROPOSAL: Throu~ coordination with the count,.' attorney's office, Mr. K. irrie developed a proposal which he presented to the Board of County Commissioners at its meeting of Ja.nuarv 15, 2002. This proposal ,.,,.'as structured to obtain access to the fifteen acre Kirrie pa:cel from the Gibson Street right-of-v,-ay through a 60 foot strip of County property that Mr, Kirtle proposes to obtain from the County through a sv,'ap tbr a comparable amount o£ acreage from the fifteen acre K/me tract. Specifically. the K/me proposal involved: Kime providing the Count',-,.vkh '.' acre from the southerly end of the fifteen acre tract /south ': acre of Lots 27 and 2_~i :n exchan,-,e for the County previd:ng K.ime w/th a 60 foot strip across Lo.'. 20 from-the Gibson Street n~,~t-of-,,vay to the fifteen acre tract. · Kime constructing Gibson Street £rom !ts cz_wen: :e,'-n, 2inus to the proposed foot strip {approximately 700 feet). Indian l:Liver Count,.- and Cit',,' of Sebastian modiSing the ITP.'HCP and obraimng FWS approval of the modification. Subsequent to the January 15. 2002 Board meeting, stz:'t' met ',vith _",Ir. Kirtle to obtain additional :n:'o:7-:2tion're~ardin.~ his proposal and ?::?cstd pro:oct. Based on that meeting, staf.,'de:.=rmined that other components or'the p:opc'sai in`.-~lved: · Mdian R./ver Count,,, conduct/no due diligence activities (sun'ex.', · ~ eh', tre_'zmental audit, and title search;/or bots sx~ --o properties. ' Lndian River County coordinating w/th FCT to obtain author/zation to swap property acquired with FCT cost share funds. Indian P-,.i',-er County K/r'ne developing site /nit/ally t-or st,.'ro£oarn plant. Nh-. K/me declined 'to provide information regarding'buildin~ square [octane, number of'employees. or employee salaries. ANALYSIS: Consistent with the Board's directive that staff ana157e the K..ime proposal and report back to the Board with a recommendation, staff assessed the anticipated effects of implementing the proposal. Specifically, staff looked at expected enx'irorm~ental impacts. land use considerations, infrastructure needs, and o',her c2'.aracteristics of the proposal. Environmental Impacts If implemented, the K_irrie proposal ,,,.'ill impact environmental resources on property currently owned by the Count,,-. Those impacts `.,,.'ill occur to both wetlands and uplands. Map 3 (Attachment ..1) d~icts natural communities in the . 'SC.4. with sxvap and claimed properties shown. The wetland impacts will occur with tk~ Gibson Street improvements. Currently, Gibson Street is a grassed trail from tko temlinus of the paved road at Street onto the conservation area. Wetlands exist on both sides and w/thin the rift-of- wa,,' for the entire 700 foot set_~'nent xvkere Kirrie proposes to construct a roadway meeting County standards. Given the standard Counts' rural road cross section, construction of Gib:,.on Street for the ?00 foot distance reflected by :he K.ime proposal will impact a'_ least 60 feet of the 100 foot right-of-wa> v,.'~dth The 60 tYet will consist ora 2(' foot ,.vide :a'.'~d road, five foot shoulders :.~ e.zzk s~de. and fifteen foot draina£e .~',vales on both sides. Although 60 feet of :he :,<,,) foot dght-of*wav will be im?roved, the wetland impac.~s will be somewhat less than 60 feet. Since the Gibson Street roadwav improvement will be ?00 linear fee.', in len~h and ma,,-affect 30 to 4.0 feet of ~xeti:~d,; t~oughout its entire len~h, the total. Gibson Street wetlands imsac~ - ',' ' ~.o..,!c b~ about a half acre. This is a hah ,:~.,e more :,f u'eflands impact than ,.t as a.-.t:c.~=.:~ o~. the HCP and liP. Bo::. of :hose documents envisioned the n~Z",:-.:,f-w.'-> ",-~'~m~.j abandoned and being_ :nto the NSCA property. For the Kirrie proposal to be; ::..p:~:,.,n.,.d. the wetlands issue will n~ed .'.o be addressed by m,-o agencies. Firsz. F',V£ will need to approve the impro', emem of Gibson Street since th~ ITP is conditioned on the right-of-way being abandoned. Second. the St. Johns River Water .Management District ('SJR'~,qM~D)will have to ::ssue' an environmental resource pe.-m!: for the wetlands impact. There ma'.,' be mi.'_~ation required by tha Besides wetlands, native uplands wiI! also be impacted by the K_im¢ proposal. Although the NSCA Natural Corn.mun'.ties Map indicates that the Coun..w ov,'ned land desi~m'tated by the K.irrie proposal for swap is scrubby fla~voods, a recent field check revealed that the 60 foot wide strip is xeric oak scrub. Unlike scrubby flatwoods, the subject strip does not h_we a predominant tree canopy: instead, it consists largely' of oak scrub and other scrub type vegetation. The County property proposed for sss'ap contrasts si~ificantly with fi'~e Kime !and proposal for swap. L'niike the Count,,' property, the Kime la_".d is not "resource" area. It is open. previous!.v cleared propertF. Construction of an access road ,?n the County 60 foot strip would result in the removal of virtually all the xeric scrub vegetation on the property. Beczzse x~nc scrub is the moss productive scrub .jay' habitat, the road construction wili impact a federally protected species. In contrast to the Count,' 60 foot strip, :2'.e ICi--ne swap land is not resource properZv which would provide comparable benefit if conserved. For that reason. FWS may require mitigation for the loss of reso=rce value. Although the K.irne swap strip is not resource property, it could se~'e to prese~,'e resource land. Because a 20 to 30 foot fire break must be created and maintained along the perimeter of the NSCA to allow for prescribed bums, the unvegetated Kirtle swap strip could se~'e as the fire break along that boundary of the NSCA. With that. there '~ ouId not be a need to clear resource aroaertx,' l~or a fire break. That advantage it offset, hox`.'ever, by the need to create fire breaks alon~, portions of both sides of :he new access roa~ and portions off both sides of the-WOO loot Gibson Street paved area. These fire breaks are not needed if the K_irrie proposat is not imptemenxed. · Infrastructure A.s indicated, the K/me proposal involves construction of 700 feet of Gibson Street and construction of an access road on the Counrv swap strip. X~,'ith these road`.vavs, management of the .NSC....X will be n'tore difSc:zlt. These roadways will physically separate a portion o£rhe NSCA from the roma:haler of the conser~'ation area. mak:nz bo:5 ~."e management and site sec25t,.' :::_-e 3i:'ficult. To prevent illegal dux:pin~ &nd ?."event oft road x'd'ucle access. '}he Co::-.rv w/il need to fence both sides of both roadways. .A. lthou~h :he KE.:-n'e proposal invol``-es Kirtle building Gibson Street to County standards. Ki~e '~ --.- =c'~.~ not propose to install water and sexver lines with th~ roadway construction. Since a fifteen acre industrial site will undoubtedly require water and sewer sen-ice, there will eventually be a need to extend water and sewer lines to the K.i~e tract. The best time to install these water and sewer lines would be as pan of the road``vav construction. As proposed, the Gibson Street improvements ,.','ill not eh.hartco access to the NSCA. That would occur only if the County proposed to build a parking lot along the Gibson Street extension. Because all or-the land adjacent to the Gibson Street extension is resource land {either wetlands or native uplands), there are no such plans, l.n t2ct. the County's NSCA management plan depicts access to the NSCA at the south end of the conser,.'ation area. I.n that area., a parking lot accessed fi.om .Main Street ,,`.-ill be built on non-resource land. * Land Use Because Count,, acceorance of the Kir'rie proposal ,.','il! in aiZ :,robabilitv result in the fifteen acre parcel being changed from residential to :ndustnal. it is necessar'v to consider the l;~d use impacts of the change. At fifteen acres, the Kirtle tract can accommodate more than, 328,000 square feet of industrial space at a floor area ratio of 0.50. That would increase to more than 430.000 square feet of industrial space if the adjacent _Mensing parcel is annexed into the City of Sebastian and changed from its curren'~ Co'ant,,.' residential land use desi~nation to industrial. Even if the Kirr/e parcel is developed si~ificantl;, less than its maximum potential, industrial uses on the property can caus~ impacts. Impacts from industr/al uses often include noise, smoke.' g/are, and others. Heavy truck trat~c asociated with industr/al uses causes some of these impacts. Given its configuration, the fi_eteen 2rea K_ime tract has 3,960 linear feet of perimeter. Half of' that perimeter abuts umncorporated Count.,,' prope~y :es~mated for residential use on the County's Future Land Use Plan Map. The .rthe: half of the Kirne tract perimeter abuts NSC.& property owned by County, but located within the corporate iirni:s of Sebastian, _If the Kime proposal is approved bv the Board and the City of 5ebast!an redes!~.ates the property, to indusrmai.' !and use conflicts could be expected re occur along the perimeter. While industr-ia! uses are nor ~enerallv considered to be compatible with consem'ation areas, land use incompatibilities are even mere .~robxb!e benveen industrial and reside::i21 :scs. O~ ,.t,:r_,e. the de~ee of incompatibility will depend upon the nature of any ,.'.e:opment on the residentially desi~ated unincorporated County parcels. One · -"':' ~:.:-';,. parcels, the Mensing prope~., ab'x~.s the Kinne tract alon~ the :.-ac: s east perimeter (660 feet) and -rs north perimeter {330 feet). desi~ared residential on the Countv's Land Use Plan Map, that parcel is currently zoned A-l, A_m-iculrural. and is subject to a code enforcement lien of more .'.hat S_..000 for urtresolved coco violations. Unless the land use and zonir_~ of tP.!.~ ?rope~y is changed. -hox,.'e,cer. it is reasonable to expect event~,.:al residential development of the parcel. On the west side of' and abut'ring the north portion of the K.irrie tract is the Fey parcel Desi~ated residential on the Counrv's Land Use Plan Map. the ?ropexy is currently zoned ROSE-4. Ln the future, there could be'additiona'l residential development on that property. \\-rile buffering is one way to address potent/at indusmaL/residential incompatibilities, land use siting is tenerallv the more effective mechanism. Bx' I/m/ting industr/al uses to compact areas, usually adjacent to railroad tracks or maior roadways, the industnal,.."res/dential interface can be limited. In fact, the .,du..,,.~al property along Gibson Street meets those locational criteria. Except the ~q~_*Anrs of Columbus proper-tv '.vhich the Citu' of Sebastian recently :edesiaated from institutional to indus:no!, ail of the indusrr/aI property in that area is along the railroad tracks and s~ara~ed from residential uses bxJ Gibson Street_ .-Lno?.h~r land use issue that must be considered in assessing the Kirtle proposal is air'porn noise. Currently, the City of Seb~tian is in the final stages of completing its airport master plan. runways 9-27 and ~' That plan will involve closing runway 13-31, and using .-ks modeled, traffic patterns for mmvavs 9-27 and g-22 indicate that Kirtle property overflights will not occur. City of Sebastian airport staff, however, think othenvise. Because the Sebastian airport is not tower controlled, traffic patterns are not as compact as modeled. Consequently, there ma,,' be overfli~qts and noise impacts on the K/ne proper':.:.' from rumvav 4-22 flights. Given pre~"ailing winds, though, the more heav:iv used run,.vav will be 9-27. and aircraft fli~qts from that mnxvav will not afi-kct :he Ki~e tract. In the future, the number ,of airport operations at Sebastian ma,,,' increase sufficiently to warrant cons-:'n"uction of a control tower. With a control tower, traffic patterns for 4.-22 t'ii~ts will be more compact and not impact the KArrie property'. Even if some over:!ig.ht activity occurs on the K..irrie tract, the Counrv's airport zoning ordinance, v,'Nch has also been adopted bv the City of Sebasti~m, pein'fits residential uses z.n .-.:.ise in:pact zones when .<ructu:es are desi3..-ned to meet certain noise lex e, red=::.ion c,'-itena. These cnte:-ia are generz:h' met v.'ith standard residential construction techniques. A final land use issue to co:.sider is whether industrial uses on the KAme tract would be better than residential uses in terms of scrub jay' impact. While concerns have been raised tkat residential uses will result in cats invading the conser,-ation area and preying on scrub jays, no incidents of that WPe have been recorded in the Count:, despi:e occupied scrub jay' property being located in close proximity to developed residential areas. One exam~,Ie of tNs is the Pelican Island School site which is occupied by jays and sun"ounded bk' r--sidences? yet has experienced no reported cat impacts. In fact, scrub jays could be in more danger with industrial uses on the Kime tract. That danger is associated v,'it,h the hear,.' truck traffic expected from 15 acres of industrial uses. With Gibson Street and the County sv,'ap strip road severing the NSCA property, the truck prafftc on these roads could provide a mortality risk scrub jays, Economic Development .-X final issue to be considered in reference to the Kirne proposal is economic development. In the past. sta:ements have been made that pro:'idin~ access to the Kin-ie tract ,,','ill allow :he property to be redesi~ated as industria~ md that this will provide economic development benefits fo~ the City of Sebastian and the County as a whole. Since Mr. Kirtle declined to provide detailed information regarding bis proposed use. definitive assessments cannot be made. Based on his s:atements that the property will be used for a styrofoam operation, however, several conclusions can be made. Because a styrofoam operation does not require many skilled workers, it can be assumed that the wages to be paid will be lower than the county average of $25,622 per year. According to the recent Fruth report, adding jobs where the annual earnings per worker are less than the county's average results in a deterioration of the economy. Of course, other higher paying industrial uses may eventually locate on the fifteen acre tract. More uses, however, will require water and sewer service, infrasumcture that Mr. Kirtle does not propose to provide. Currently, the County has far more commercial/industrial land than projected to be needed through.the county's 2020 planning horizon. Even the City of Sebastian has a substantial amount of industrial land available at its airport. Although the Sebastian Airport industrial land does not have infrastructure (water, sewer, roads, drainage) in place, neither does the K/me tract. CONCLUSION: As structured, the Kime proposal, if accepted and implemented, would impact environmental resources in a County owned conservation area, would make conservation area managcn'nent more difficult, and would produce land use incompatibilities. The proposal would not address the unresolved Mensing land claims within the conservation area and does not include provisions for adequate infrastructure provision to a prospective fifteen area industrial site. On the other hand, the proposal would result in a use on the Kirrie tract that would not be adversely impacted by aircraft overfli~ht noise. RECOMMENDATION: Staff recommends that the Board of County Commissioners reject the Kirrie proposal. If, however, the Board opts to approve the 'Kin'ie proposal, staff recommends that the Board attach the following conditions: That Mr. K/me install water and sewer lines at his expense with the Gibson Street and access road construction. That an.-,' industrial development on the Kirrie tract connect to the County water and sewer system. That Mr. Kirtle install fencing at his expense on the NSCA perimeter along both sides of the 700 feet of Gibson Street to be paved and along both sides of the access road. That Mr. Kirrie retain and pay for consultants to apply for HCp modifications, ITP amendments, and FCT property sale authorization. That Mr. KJrrie, at his expense, provide any required v,'etland or upland mitigation required by FCT. SJR",k ."."M'D. or FWS. That Mr. Kirtle prov.ide a 30 foot, type .--X buffer with 6 foot opaque feature along the 1.800 linear fee: of his property' perimeter where his property abuts residentially desig-na~ed uruncor'porated County property. Fur-cb. er. to resolve Mr..Xlen_4ing's land claims that are forestalling the count-v's consem'ation land management obligations, staff recommends that the Board direct the County Attorney to foreclose code enforcement liens on an,,' non-homestead real or personal property owned bv Fred Mensing. Staff also recommends that the Board authorize code enforcement staffto retain an attorney to file for an injunction to abate the Mensing proper'ty code violations. ATT_--kCHSIE NTS: Countv Attorney Memo re: C.N. Kime Proposal _".lap 1 - Location Map Map 2 - Detailed Location Map Map 3 - Natural Communities Map ,~, :- .......~GEN"DA ITEM FOR: ll.A. C. N. KIRRIE - CONSIDERATION OF LAND SWAP (NORTH SEBASTIAN CQNSERVATION AREA - GIBSO. N STREET RiGHT-OF-WAY - FRED MENSING) The Board reviewed a Memorandum of ~anu._ary 29, 2002: MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Tippin, to conditionally approve the land swap with the following conditions: 1) that Mr. Kirrie install water and sewer lines at his ex~pense Street and access road con .~s~,i,6n, ' . the utility lines may extend rather than Gibson Street;.. .any industrial development on onne~t to the CoUnty water and'.sewe~ that Mr. Kirrie instal}'.fencing at his/6~ense on the ~rth Sebastian ConS~ation A[e~";erim~!~'along bo~, sides of the 700 feet'of~ibi~on Street'to be paved an.d~.long both sides ofthe~'~tccess mad; 4) that Mr. Kirrie ~tain and pay ~fo'r consultants to apply for ~abitat Conservation Plan modifications, IncidentalS, Take ~rmit amendments, and Florida Communities 'l~st FEBRUARY 5, 2002 -17- propegy sale authorization; 5) that Mr. Ki~yfiC, at his expense, provide any required W~fl-ff~t or upland mitigtSat~iuired by Flori~C'~mmunities Trust, St. Johns Riv~Water ~gement District or Fish ~d ri!d.!.i..f~_Se~'6) ~at Mr. Kiff~e provide a 3 0 foot, ~b.~fir ~ 6-fobt bpaq'ue"featUre along the 1,8~~ feet of~rope~ perimeter where his~roperty_ _abuts re~ntially designated uninco~orated CounW prope~-.~d 7) that Coun~ staff dra~ an agreement with Mr.'Kiffie inco¢orating fll these conditions ~d ~y re e~ers to protect ~e Coun~ s ~nteres~; :'-.?:.... the Motion passed by a:.3~2 vote .~Co~is~fi:~ FEBRUARY 5, 2002 -18- ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously directed the County Attorney to foreclose code enforcement liens on any non- .............. homestead real or personal property Owned by Fred Mensing; and authorized code enfor, cement staff to retain an attorney to file for an injunction to abate the Mensing property code violatiOns; ~; ..... recommended by staff. .... FEBRUARY 5, 2002 -19- ll.A. C. N. KIRRIE - CONSIDERATION OF LAND SWAP .(NORTH SEBASTIAN CONSERVATION AREA - GIBSON STREET RIGHT-OF-WAY- FRED MENSING) The Board reviewed a Memorandum of January 29, 2002: REVISED DRAFT OF 2/07/02 MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Tippin, to conditionally approve the land swap condition that County staff draft an :with Mr. Kirrie incorporating any necessary reverters to protect the County's THE CHA]RMAN CALLED THE the Motion passed by a 3-2 Adams and Chairman and ON MOTION .g; retain an the the Board Cotinty Attorney to liens on any non- owned by Fred code enforcement staff to file for an injunction to abate property code violations; as [ed by staff. FEBRUARY 5, 2.002 -22- Ci,t.y of Sebastian, Florida Subject: Reconsideration for Ordinance No. O-01-22, rezoning request from RE-40 to IN for Lots 16, 28 and 29, Block 30, AA Berry Subdivision, containing 14.85 acres more or less. Approved for SUbmittal by: AgendaNo. 0t~, O/'J~ Department Origin: ,Growth Management Tracy E. Hass ~ Date Submitted: February 20, 2001 For Agenda of: Febmary 27, 2001 Exhibits: O-01-022 Application for Rezoning, Location Map, Staff Report and P&Z recommend.,,a,,t!on. EXPENDITURE AMOUNT BUDGETED: ] APPROPRIATION REQUIRED: None I REQUIRED: None None SUMMARY C.N.K. Inc. has submitted an application for rezoning for 14.85 acres of land currently zoned RE- 40 (low density residential, 1 unit/acre) to the proposed zoning of Industrial (IN). The City Council recently approved the large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for the property in question. The subject property is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to rezone the' land to be consistent with the IN land use designation, so as to accommodate a proposed Styrofoam manufacUtring facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County. The City Council recently adopted Ordinance No. 0-00-05, amending the comprehensive land use map designation of the subject property from LD to IN. The proposed rezoning will provide consistency with the already adopted land use designation. Attached you will find an application for rezoning, a detailed staff report and a location map. The planning and zoning commission held a public hearing for the requested land use change at their regular meeting on August 2, 2001. RECOMMENDED ACTION Hold a quasi-judicial public hearing and adoption hearing for Ordinance No. O-01-22. ORDINANCE NO. 0-01-22 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOTS 16, 27 & 28, SECTION 30, A.A. BERRY SUBDIVISION OF FLEMING GRANT, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTRIAL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. WHEREAS, the C.N.K, Inc., has filed a petition for an amendment to the Zoning Map Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council as made the following fmdings: A. The proposed use is consistent with the goals, objectives and 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 proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate 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 services and facilities. F. The proposed change in use will not result in any 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: Lots 16, 27 and 28, Section 30, A.A. Berry's subdivision of the Fleming Grant, according to the plat thereof filed in Plat Book 1, Pages 72 and 73, Public Records of Brevard County, said lands now lying and being in Indian River County, Florida; Containing 14.85 acres more or less. Section 2. DISTRICT. The real property described in this Ordinance is hereby rezoned from RE-40 to IN (Industrial). Section 3. ZONING MAP. The official City Zoning Map shall be amended to reflect this change in zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective one day following the effective date of Ordinance 0-00-05. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmernber vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill by Councilmember and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted this 2001. day of October, CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney City of Sebastian Development Order Application Permit ADplic~tion N,~. Applicant (if not owner, written aut_hodzation (notarized) from owner i-~ required) Phone Numbe¢. ( E-Mail: Owner (if different from ap. pticant) Name:/~ ~/ Address: / 7 J {' ~ ~/-e ~ Phone Numbe¢. ( ) - FAX Numben ( ) - E-Mail: IType of permit or action requested:~__.~ r PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE AT-FACHED AND 81/2' BY 1 1" COPIES OF ANY A~'ACHMENTS SHALL BE INCLUDED. AT'TACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. LA. Pro'ect's Name (if applicable): B. Site Information Address: Lot:.¢ /¢l Block: Unit: Indian River County Parcel ~ Zoning Cla~ificatian~ s_xisa, g use: Subdivision:/j_%~¢ -'~ ,' Futur~ Land Use: Proposed Use: C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if DATE RECEIVED: ~X //~ /¢[ i Revi~ion: IForrn CD-2OO'f A, pproved: oe/27/97 FEE PAID:~ W 5-~. RECEIVED Y~.'_ PasTe f of 3 '1 Development Application I FTle Name: Permit Application No. D. Project P~: _. Agent: Name: ~ r Address Phone N~mbeR ( ) - FAX Number ( ) - E-Maih Attomgy: Address t~2~ .4/ z/S ./Z ._C r ,~,,-z Phone Number ( ) ~? .' ~¢-~ = FAX Number ( r E-Mail: Engineer: Name: Address Phone Number ( ) - FAX Number ) - E-Mail: Surveyor: Name: Address Phone Numben( )~/ - ~/ ~/ F~ Numbe~ ( E-Mail: 7/' Eo l, /' P ' (~ . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER I AM THE L~GAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'I-FER THIS APPUCATiON,' AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SWOR~D BEFORE ME BY 0ffC_/~D~cL=~ O- FJ~E= WHO 1~I~O2~A,L, LY,_, ,K~,,. ~¢Q ~. O ME OR PROOUOED~ __ __ AS IDENTIFICATION, THIS ~ DAY OF ~'CL/-.r-~ ., 'f~l PRINTED NAME OF NOTARY % ~:)o~c~7~--'~r1~ c ~ u~::rC;~ ~~:BO WORTH/¢~' '~¢¢¢.DORO%z-TY M. :BOSWORTH · ,_ ,. . COMMISSION NO./ELXPIRAT1ON ~ ~~ ................. IF°rmcD-200'/ I Pa,e2of3 jDeveiopmentApplicarJon .... Approved: 08/27/97 1 Revision: File Name: Dca P~n'n~ A~piic~fian Na. The followin~t is required for all camprehen~ive plan amendments, zoninG amendment (including rezonin9); site plans~ conditional use permits, special une permits, variances, exceptian~ and appeals. I~/~JE, . THE OWNER(S) -7~ THE L~G,~L REPRESENTATIVE OF THE OWNER OF THE PROPER'FY DESCRIBED WHICH IS THE SUBJEC"IL' OF THIS APPLICATION, HEREBY AUTHORL7_..F_. EACH AND EVERY MEMBER OF THE ¢¢ ~ ~ BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "~OARD"/"OOMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY AND Vl~A/THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/~VE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIE'C/lNG THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTAN~VE DUE PROCESS RIGHTS UNDER THE ~'LQRIOA CONSTITUTION OR THE UNITED STATES CONSTFFUT~ON WERE VIOLATED BY SUCH EN"F~RING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COER. CION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFtCIAL OF THE CiTY OF SEBAS~AN, Sworn to and sub--before me by ¢. r+P4~-[p,¢:~-~ ~'. ~ ~- ......... who is I~-~hall¥-~e or produced as identification, this /~~,- da~v._.~f ~% .,~0ol ' Printed Name of Natam ~ m~ ~" .~ ~S~ ~ . u~wo~ ~ Form CD-200'~ I pare 3 of 3 Approved: 08/27/97' I Revi~ion: Permit Application No. ~' Supplemental Information Rezoning Request A~'ACH ADDITIONAL PAGES IF NECESSARY. 2. IS the proposed rezening consistent with the comprehensive plan? If not, which one(s)? ~ other elements of the 3. Is the proposed rezoning in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed Is the proposed rezc]ning compatible with the existing or future land uses of the city? If not, why not? __~ ,,~ Are there adequate public facilities to serve the proposed land use? which one(s) are not adequate? If not, tForrn CD..20'f7 Approved: 8/,27/97 File Name: Sirez~ne Permit Application No. 7. Would the proposed rezoning result in a significant adverse impact on the natural environment? If se, descdbe the impact. 8. Would the proposed reZoning adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. /~ ..... 9. Does the proposed rezoning result in an ordedy development pattern? describe. / If not, 10. Attach the following: a. A vedfied statement showing each and every individual person having a legal and/or equitable ownership interest in the proper~ upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. c.A survey an<~gal descri~-tdn of the property to be ,ezoned. Fon'r7 A~¢roved: 8/2'7/97 Revision: f FTle Name: Sirezone POW-ER OF ATTORNEY x~ow ALL ~ ~Y Tr~S~ ?P. ES~?S ~r, c~~s ~AY s~~ ~ ~ ~ ~ ~d F/~ ~~ , ~~.F~ ~~~ , ~ ~de, co.imbed ~d appeared ~d by ~ese presems does ~e. co~Ie '~d ~po~t C.N. ~~, m~ g 12855 - 79~ Avenue, Rosel~d, Florida 32957, ~ t~e ~d Ia~l anomey for ~ ~d ~ ~ ~e place ~d ~ea~ to apply for ~d obt~ a l~d ~e c~ge ~d zomg c~ge for ~e foHo~g described re~ prope~: Lots 16, 27, and 28, Fleming Grant, Section 30, according to the plat thereof filed in Plat Book 1, Pages 72 and 73, Public Records of Brevard Count, Florida; said lands now lying and being in Indian River Count, Florida; ~d gimg ~d g~t~g ~to hs s~d a~omey ~g power ~d authofi~ to do ~d pe~om aH ~d eve~ act ~d t~g w~t~ever req~ke ~d necess~ to be done ~ ~d about ~e pre. es ~ ~y, to ~ ~tents ~d p~oses, ~ I mj~t or could de i perso~y present, ~clu~g mb~g ~ application, pre~nt~ docmentation ~ suppo~ thereo~ ~d ~g ~ appe~ces necess~ on my ~ M~ ~ power of~b~imfion ~ revocatio~ hereby rat~g ~d co~g ~ t~t my ~d anomey s~ la~Hy do or ca~e to be done by ~ue hereof ~ ~~SS ~~OF, I ~ve here~to set my ~d ~d se~ t~ ~ ~y of C~u43R.LES D~ 8~MBLER lof2 STAIZ OF FLOR/IDA COUNTY OF IND~ RIVER ~ ~T ~o~, ~ on ~ ~ ~ o~ ~ , ~ ~o~ m~,~ Not~ Pubic, ~ ~d for ~e Sta~e of ~ofi~ pe~o~y c~e ~d appe~e~ C~ES DAY SE~LER, ~o~ to me to be the ~e person described ~ ~d who executed ~e M~ Power ofA~omey ~d he ac~owledged ~e M~ Power of Anomey to ~ ~ act ~d dee& SWO~TO~S~SC~ED~foreme,~ ~ ~yof ~~ ~, produced ~ id~cation ~d who di~d not t~e ~ oath. IN WITNESS WI--IEREOF, I have set my hand and official seal of office on the day and year last wriuen above. No~$ t~te o f Florida Notary Prk~ed Name:~ ~3~ iVly Commission N~ber ~: My'Co~bn E~ 2of2 ,O6 page 1-24 Growth Management Department Rezoning Application - Staff Report Project Name: Requested Action: Project Location a. b. Legal: C, C.N,K. Inc. Rezoning from RE40 to IN Address' Lots 16, 27, 28 Flemin§ Grant See Survey Indian River County Parcel Number: 00-30-38-00001-0300-00016.0 00-30-38-00001-0300-00027.0 00-30-38-00001-0300-00028.0 Project Owner: Project Applicant: Project-Engineer: Project Surveyor: Project Description a. Chartes Day Sembler 1731 Indian River Drive Sebastian, Florida 32958 (561) 589-5142 C.N. Kirrie P.O. Box 144 - Roseland, Florida 32957 (561 ) 589-5547 fax: (561) 589-6467 Carter & Associates 1708 21 ,t Street Vero Beach, Florida 32960 (561) 562-4191 Narrative of proposed action: C.N.K. Inc. has submitted an application for rezening for 14.85 acres of land currently zoned RE-40 (tow density residential, 1 unit/acre) to the proposed zoning of Industrial (IN). The City Council recently approved the large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for the property in question. The subject property is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. 1 North: East: South: West: The owner wishes to rezone the land to be consistent with the IN land use designation, so as to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County. Future L2nd U~. Current Zoning: RE40 Current L~nd LIs~. Residential/Vacant (County) C-IN Residential (County) C-IN Vacant (HCP) C Vacant (HCP) C 14.85 acres Vacant Myaka Few Pines, Palmetto's and Palms Zone X Indian River County Utilities Indian River County Utilities HCP - adjacent Sebastian Police - 6 miles Indian River Fire - 5 miles Adjacent Properties Rose-4 A-1 C C/Rose-4 Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency a. Future Land Use: IN b. Level of Service (1) Traffic: It is difficult to estimate total daily trips for industrial development, for calculations are based on gross floor area. Suppose the development contained maximum building coverage of 50%, there would be 323,433 SF of total building area. However, it is unlikely this could occur given the need for parking, 10. landscaping, driveways and other site improvements. At 5.46 tdps per day per 1,000 SF of gross floor area, there would be 1,766 trips per day. Compare that to '10,1 trips per day per residential unit (59 units), which equals 596 trips per day. Therefore, the possibility exists that the proposed will create an increased demand on the existing roadway network. (2) Potable Water: Applicant may be required to connect to county utilities if they become available in the future. Therefore, this would be. a positive impact by reducing the number of potable wells. (3) Wastewater: Applicant may be required to connect to county utilities if they become available in the future. Therefore, this would be a positive impact by reducing the number of septic systems. (4) Stormwater: The level of service standard is the same for all development; therefore, no greater impact is expected by the proposed rezoning. (5) Recreation: No impact. (6) Solid Waste: Slightly greater impact is expected, as industrial development typically has a higher solid waste output than residential development. (7) Other: In order to minimize traffic impacts to surrounding residential neighbors, the City, County and applicant have been negotiating alternative access plans. In response, C.N.K., Inc. has presented a Quit-Claim Deed to a 60'x 330' parcel running east to west between 130~h (Gibson Street/industrial Road) and the south end of lot 20 (see attached). The aforementioned parcel provides an additional legal access from a publicly platted ROW to the proposed Industrial property. In an effort to minimize impacts to the conservation area, the applicant is currently negotiating with Indian River County to move this access point 660' north to the north end of lot 20, where it would then enter the proposed industrial proper'by on the south end of lot 16 and north end of lot 28. This proposed access point is to an existing historically industrial road (130'"), which minimizes impacts to the aforementioned residential corridor located on 129"'. See attached. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. 3 11. 12. 1:3. 14. 15. 16. 1'7. Changed Conditions: The planning and zoning commission recommended approval of the comprehensive land use change at their regular meeting on January 20, 2000. Furthermore, the City Council passed the first reading of Ordinance No. 0-00-05 at a public hearing held on February 23, 2000, and passed the second reading of same ordinance on July 11, 2001. Staff has transmitted the required documentation and notice to the state Department of Community Affairs for re-designation of the subject proper'by from LB residential to IN. Land Use Compatibility: The surrounding property within unincorporated Indian River County has a land use designation of L-2, Low Density Residential 2 (up to 6 units/acre), and zoning of residential and agricultural (Rose-4, Roseland Residential District (up to 4 units/acre)) and A-l, Agricultural-1 District, up to 1 unit/5 acres). Just to the North and East within the corporate Ii'mits of the City of Sebastian, is an industrialized area along Gibson Street. Adequate Public Facilities: The public facilities are adequate, for the requested rezoning. The proposed use is not expected to create a greater impact on existing public facilities. Natural Environment: The current land use designation of LD, Low Density Residential (up to 4 units/acre) allows for construction of up to 59 single-family homes on the subject parcel. Developing the parcel with 59 residential homes posses a greater threat to the natural environment (scrub habitat) due to the close proximity of susceptible or liable conditions presented by residential proper'ties abutting the conservation district. The County in negotiations with the City for additional scrub habitat at the Sebastian Airport explained that industrial development was preferable to residential when abutting or neighboring conservation areas. For one, within commercial/industrial developments, the City has the ability to require a buffer. The buffer can include existing scrub habitat, or the City can require installation of new scrub habitat to encourage the survival and expansion of the scrub area. The proposed rezoning will not significantly impact the natural resources. Economic Effect: There will be a greater economic impact created by the land use/zoning change. The existing land use allows for single-family homes, while the proposed would allow light industrial development. Seeing as tax rates are higher for commercial and industrial development, the proposed zoning classification will create a more significant taxable base than the existing classification. Orderly Development: The proposed rezoning is consistent with the comprehensive land use plan and the proposed zoning change provides for orderly development given the location proximate to an indUstrialized area and convenient access to Roseland Road. Public Interest: The proposed rezoning is not in conflict with the public interest. 4 18, 19. 20. ¸21. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Access to Roseland Road via Gibson Street or Dale Street will minimize traffic impacts in the area. -Fhe proposed land use change will create a slightly greater impact on the transpor-[ation network, water, wastewater, drainage and solid waste facilities. Analysis:- C.N.K. Inc. has submitted an application for rezoning for 14.85 acres of land currently zoned RE-40 (Iow density residential, 1 unit/acre) to the proposed zoning of Industrial (IN). The City Council recently approved the large- scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for the property in question. The subject property is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to rezone the land to be consistent with the IN land use designation, so as to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County. Conclusion: The requested rezoning from RE~40 to IN is consistent with the Comprehensive Plan, Future Land Use Plan, Land Development Code and Code of Ordinances. Recommendation: Staff recommends the Planning and Zoning Commission recommend approval to the City Council for the requested rezoning of the subject parcel from RE-40 to IN. PREPARED BY DATE 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 2, 2001 MOTION by Smith/Barrett I'll make a motion that we approve the site plan for Walgreen's located at southwest corner of Barber Street and U.S. #1 with the one condition in the staff report. Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Smith - yes Mr. Mahoney - yes Mr. Rauth - yes Ms. Carbano - yes Chmn. Mather - yes The vote was 7 - 0. Motion carded. Public Hearing - Recommendation to City Council - Rezoning - Lots 16, 27~, & 28, Section 30, Fleming Grant - C,N. Kirtle, Inc.- Residential Estate to Industrial Christopher W. Kirtle, representing C. N. Kirtle, his father and the applicant, was present and was sworn in by the Chairman at 7:40 pm. Chris Kirrie gave a brief presentation. Tracy Hass gave staff presentation, noting that access to this site is the only unresolved issue, and it is presently being considered by the state. He also noted that the land use has been changed to Industrial, but the zoning remains to be completed. In response to a question from Mr. Rauth, Tracy provided information on the two access routes under consideration. Mr. Mahoney commented that the motion made by this Board on 1/20/00 recommending approval to City Council on the land use change for this site erroneously included lot 30, and was to be corrected at the following meeting. The secretary agreed to check on this. Chron. Mather opened the public hearing at 7:50 pm. There were no proponents. Blakemon Smith, previously sworn in, spoke in opposition to this rezoning. Kathleen Coley, 8151 126t~ Street, Roseland, FL was sworn in by the Chairman at 7:54 pm, and spoke in opposition to this rezoning. Jackie James, Roseland Road, Roseland, FL was swom in by the Chairman at 7:59 pm and spoke in opposition to this rezoning. Ms. Seibert, 7610- 129"' St., Roseland, spoke in opposition to this rezoning. Barbara Banfield, 7405 129a St., Roseland, spoke in opposition to this rezoning. Chmn. Mather closed the public hearing at 8:03 pm. There was discussion on ingress and egress to this property. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 2, 2001 At-b/. Stringer gave information on the status of right-of-ways in that area and provided information on the relationship between the land-use and the zoning. He also provided some history on the subject land and the land surrounding it. MOTION by Barrett/Mather I'll make a recommendation to City Council that the rezoning lots 16, 27, 28, Section 30, Fleming Grant be rezoned to Industrial. Roll call: VC Vesia - no Mr. Barrett - yes Mr. Mahoney - yes Mr. Smith - yes Mr. Rauth - no Ms. Carbano - no Chmn. Mather - yes The vote was 4 - 3. Motion carried.' CHAIRMAN MAII'ERS: MEMBERS MA'FI'ERS: None Mr. Barrett inquired about the status of the Louisiana Avenue grant, and Atty. Stringer noted that the application has been filed, but no response has been received. Mr. Smith noted the parking problem at the new gym on CR 512. It was discussed. Mr. Rauth asked if there is any provision within the system to.regulate the.number of stores that any one Company can build in Sebastian, to prevent over-saturation and a possibility of empty storefronts in the future. Tracy and Atty. Stringer responded. Mr. Mahoney inquired about the new'recreational impact fee. There was discussion on this issue. DIRECTOR MATI'ERS: Tracy noted that the presentation of the Capital Improvement Plan will be held at the next meeting. He then noted that there will be no P & Z meeting on September 6th because of a City Council special meeting. There is only one issue currently being worked on, and if a substitute date needs to be selected, he will inform the Board at the next meeting. Otherwise, the meeting of Sept. 6th will be canceled and the next regular meeting will be on September 20% ............ City of Sebastian, Florida Subject: Approve Tree Advisory Board Work Plan for 2002. Approved for Submittal by: Agenda No... ~,,~ ,,~/3 Department Origin: Building Department Tree Advisory Board Secretary (EAB) Date Submitted: February 8, 2002 For Agenda of: February 27, 2002 Exhibits: 1) Proposed Work Plan EXPENDITURE REQUIRED: None 2) Minutes from Tree Advisory Board Meeting of 2/8/02 [ AMOUNT BUDGETED: I APPROPRIATION None REQUIRED: None SUMMARY At its regular meeting of February 4, 2002, the Tree and Landscape Ad¥isory Board passed a motion to recommend to City Council that they approve their proposed Work Plan for 2002. RECOMMENDED ACTION Approve the proposed Work Plan as suggested. HOME O~ PELICAN ISLAND 122S MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 · FAX (561) 589-2566 Tree and Landscape Advisory Board Proposed Annual Work Plan for 2002 1. Projects requested by City Council. 2. Arbor Day The day the city recognizes the importance of trees in the community. It is scheduled for 10:00 AM, Saturday, April 20, 2002, at Blossom Park at Blossom Drive and Seneca Avenue. 3. Champion Tree Inventory Develop a program to identify and designate "Champion Trees" within the City of Sebastian, i.e. Slash Pines, Sable Palmetto and Live Oak, and have them designated by City Council. 4. Filbert Street Passive Park Provide input to staff on the development of this Park. 5, Landscape code enforcement and standards Promote enforcement of the Landscape code and suggest changes. 6. "Eagle Scout" designations Provide support and encouragement for scouts who are working toward the "Eagle Scout" designation 7. Shade House Operations Schedule quarterly work days for Board members to care for and maintain the remaining plants at the High School shade house until they are big enough to be planted on City owned property. 8. Library Display Arrange for a display at the North County Library during the month of March, 2002, and advertise the Arbor Day Ceremony in April. 9. Urban Forester Efforts Continue to promote the reestablishment of an urban forester for Indian River County to protect the tree canopy. (2/08/02 AB) TREE AND LANDSCAPE ADVISORY BOARD MINUTES OF REGULAR MEETING OF FEBRUARY 4, 2002 At this point, Chwmn. Fulton resigned from the Arbor Day Committee. She then nominated VC Charles Cardinale as Chairman of the Arbor Day Committee. There were no other nominations, and Charles Cardinale was declared Chairman. C. FINALIZE 2002 WORK PLAN - SUBMIT TO CITY COUNCIL There was discussion about formulating a Champion Tree program within the City. It was suggested to ask Dan Culbert for advice on this project. The following projects on the 2002 work plan were discussed: 5. 6. 7. 8. 9. Projects requested by City Council Arbor Day -April 20, 2002 - Blossom Park "Champion" Tree Inventory: Slash Pine, Sable Palmetto and Live Oak. Designation of same by City Council Filbert Street Passive Park Landscape code enforcement and standards Continuing support for "Eagle" Scout designations Shade House operations: Quarterly work days for all members Library display - March, 2002 for Arbor Day information Urban Forester efforts There was discussion on the subject of the Urban Forester efforts. MOTION by VC Cardinale/Dann I would like to make a motion to approve the tree and Landscape Advisory Board 2002 Work Plan. A voice vote was taken. 3 - 0, motion carried. Chwmn. Fulton noted that a cover letter will be formulated and the work plan will be forwarded to City Manager, Terrence Moore. D. LANDSCAPE CODE It was suggested that proposed changes to the Landscape Code shall be placed on the agenda for the month of March. NEW BUSINESS: John Almada introduced a new topic - America in Bloom, Beautification campaign and contest for towns of various sizes, suggested by Dan Culbert, Director, Extension Agency. Chwmn. Fulton took it under advisement for an educational project. City of Sebastian Subject: Code Enforcement Board Approved for Submittal by: City Manager Agenda No. ~,~ ~', ~ ~ Department Origin: City Clerk Date Submitted: Exhibits applications, advertisement, board members Expenditure Required: Amount Budgeted: 2/21/2002 For Agenda of: 2/27/2002 Appropriation Required: SUMMARY STATEMENT The Code Enforcement Board has the regular member realtor position of Ken Cosco open since his term expires March 1`t. He has resubmitted his application and would like to be reappointed. According to our City Attorney, Mr. Cosco is eligible for reappointment since he has not served two full terms. This was advertised and three other applications were received from James G. Schmitz, Harold E. Faille and Harry Enderlein.. RECOMMENDED ACTION Interview applicants, unless waived, and appoint one to the following position: 1. Regular member realtor position - Term to expire on March 1,2005 ~ l'"/ ,,'_ ".':: .... ~, ~-~ Members Must be Residents of the ,~, ,~' HOME PHO~:~i:. Jpi -fl 7 ~ HO~ FAX: ~/[ E-~:~'~ c BUS.ESS: BUS.SS ~D~SS: BUS.ESS PHO~: BUS.SS FAX: E-~: ~ YOU A ~GISTE~D VOTER? .~,~ ~ VOTER ~G. NO. HOW LONG ~VE YOU BE~ A ~SID~T OF SEBAST~N? you PLEASE CroCK Tm BOA~S ON ~CH YOU ~ mTE~STED m SER~G m O~ER OF P~FE~CE ~TH F~T CHOICE BErG ~1: , B0~ OF ~ST~T f CODE ~ORCEM~T CONSTRUC~ON BO~ ~ICAPPED SELF-EVALUATION COM~TTEE PLX~G ~D ZO~G C0~SS~ON POLICE ~T~M~T BOA~ OF TRUSTEES ~C~ATIONAL ADVISORY BO~ ~E ~SORY BOA~ 0T~R TE~0~RY COMMITTEE ~TE ~ CO~ITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE7 ~c~ ,v HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~o WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~/,~ -g' I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or ommission of information requested in this ' application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available ffrequested. Applicant Signature Subscribed and swom . .~-/7t~e~fO/ C0.5C0 , who is p~s°nally ~o~) to me, ~ identification. ¢ & - '~o~ Public, Sta~o~Flofida 'e~a. a- ~.3-Oo ,> ~ ¥:'' ' ..... -,.,,ut state~t~',o~" ~ )> (~'0~:~,~~ ~7'~' .. ~ k~-fomkapplicat.~d rev. 9/98 to before me this /ff/~ day of _-~..e~-- , t~Pq , by or has produced APPLICATION TO SERVE ON CITY BOARD/COMMiTTEE (Ail City Board and Committee Members Must be Residents of the City of Sebastian) NAME: U/t;m /: :' HOME ADDRESS: HOME PHONE: ,~/fit' .3 ,,~7~c~ ~/~, .~D,~iOME FAX: BUSINESS: ..... BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A REGISTERED VOTER? ~ZLz_~'' VOTER REG. NO. HOW LONG HAVE YOU BEEN A RES~DENT OF SEBASTIAN? /IJa DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU P~SENTLY SER~ ON A~ OT~R CI~ BOA~ OR CO~TTEE? ~CH BO~S/COM~TTEES? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED 1N SERVING IN ORDER OF PREFERENCE WiTH FIRST CHOICE BEING #1: BOARD OF ADJUSTMENT CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years) "CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES PARKS & RECREATION ADVISORY COMMITTEE TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (W-RITE IN COMMITTEE NAME) LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ~HA..._V_E_ YOU EVEN BEEN CONVICTED OF ANY MISDEME ~'URPITUDE IN THIS OR ANY STA 9 ,~/.,i ANOR INVOLVING P c) MOR L WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate tl~e truthfulness of all information which i have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand C-2c-"~of.qebastian Code ofordinan ections 2-166 through 2-173 (attached). Information relativ~a'sl~ board or to,~;deien~!~leifrequested' Sub..s, or/b'~-'}and sworn to before me t~ / /?/-' -~ ",~--~.) , w,~_no ~s personally known to ~ or has produced / --/ ////j. /r? . ./. ~as identification. \wp-form\applicat.wpd ,-.-~,5.~°~'~'~ /I rev. 4/5/99 · ~~u.~o~.,. I! -. _n Z j,~ ,..j APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) D /4 ,./ HOME PHONE: ItOME FAX: E-MAIL: sr~sr~ss: /~/,~ BUSINESS PHONE:/~'/tr BUSINESS FAX: E-MA!L: ARE YOU A REGISTERED VOTER? ~/ff_.,q.., VOTER REG. NO./d)~ HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTiAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? //k/~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING # 1: ! BOARD OF ADJUSTMENT CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES PARKS & RECREATION ADVISORY COMMITTEE TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) i~i3Lii2~LE-'EDU~ATION AND/OR EXPERiENcE. Retired Practicing Industrial Engineer REASONS FOR WANTING TO SERVE ON BOARD OR coMMITTEE Enhance the Quality of Life for All. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE; l~orrner elected City Councilman - 3 rd Ward City of Kingston, N.Y. Past president of Non Commissioned Officer's Club. New Yore State National Guard during War 11 Tirae. Danville, Virginia: 1945 -1950 Past President Danville Exchange Club, Past President of Junior Chamber of Commerce, Two time/~irector of Pittsylvania county March Of Dimes, Director of State Junior Chamber of Commerce, Fund Raising Director for Dan~ille's Li£e Saving crew, President of "Faith Home Building Project in Danville, Virginia, Voted Man of the Year in 1949. uanta, ~eorg~a: Memoer of Board of Governors of Berkeley Hills Country Club, Two term Past President of Berkeley frills Country Club Board of Governors, Charter President of Berkeley Woods Condom/nium A~sociation (120) Lrnita. HAVE YOU EVER BEEN CONVICTED OF _42qY FELONY IN THIS OR ANY STATE? ;¥'o HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /fi( 0 ? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which ~[ have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 ' tln-ough 2-173 (attached). Information relative to'a sp..~i~¢ board or corr3~ttee is a~_~ilable if requested. pplicant Signatur~ ' ~ Subscribed and sworn to before me this _/_-~z2/5 day No~sfS~ Public, State &Florida - 2~/ \wp-form\applicat. wpd rev. 4/5/99 linc has prod~cefl APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Mr~st be'ReSidents of the City of Sebastian) HOME PHONE:~g~-~v~,~. d ~. ,~'~ HOME FAX: FEB i9 '02 p~ :l:O Busr~ss aDDRESS:/,,7~?Z~~zr/~d/-2" ~/7,4 C/¢~ 0 ] BUSe~ESS ~HONE:,, /¢,/, SUS~SS ARE YOU A REGISTERED VOTER? .~/Cf VOTER REG. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTL~N? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? /~0 - DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WI-UCH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING # 1: BOARD OF ADJUSTMENT CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES PARKS & RECREATION ADVISORY COMMITTEE TREE ADVrSORY BOAPd3 OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) PPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR CO1V[MITTEE: /,/d // ¢ ~ / c F r~ /w T-~/z c~r /- r~ ~ ,e //~A-.~o /.~ ///c A C z ~.~.~/ ~.. LIST ANY ADDrHONAL QUAL~ICATIONS TO SERVE ON BOARD OR COMMITTEE: ~ ;- ~.'~eA., ~ ~q~.~'m £.~ ~ ~/ ,;'/ eu ex'. ooTz~'~/ ~,~ /%.~,j HAVE YOU EVER BEEN CONVICTED OF ANY FELONY 1N THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE 1N THIS OR ANY STATE? fi./~ WOULD YOU CONSIDER SERVING ON A BOARD OTI--~R THAN THE ONE(S) SELECTED ABOVE? ~/~.. I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relati~cific board orre'6i'~ll-tee is avail.a Subscribed and sworn to before me this ~day of T,.e~<e,W'- , .-~oc;.~-, by ,~-'~ ,'~')'c~'~?£~-?/~''' ,who is personally known to m~ee, or has produced ~~~d ~~~Las identificati°n' /~, ry ', re' of~lorida \wp-form~applicat. wpd rev. 4/5/99 FOLLOWING ARE AREAS OF MY BUSINESS EXPERIENCE THAT ARE TRANSFERABLE: They could be useful ko one or more departments at Sebastian City Hall. 1. Recruiting, screening, and qualifying new emploFees. 2. Interviewing. 3. Counselling. 4. Mediation. 5. Strategic plannlng. 6. Compensation plans. 7. Position evaluation. (Establishing goals and timetables.) Useful for salary review as well. 8. Operational reviews. (Departmental) (Trained in a form of psychological interviewing.) I am prepared to be involved in any of the above on a consultative basis or "hands on". Harry Enderlein 589-6252 Harry Enderlein Director-Marketing Services Reuben H. Oonnelley a comDa _~_ of The D~n ~.Bradstreet Cmpo~rat~on 825 Third Avenue New York, N,Y. 10022 212 972-8272 FEBRUARY ?, 2002 PRESS RELEASE CODE ENFORCEMENT BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A REGULAR MEMBER POSITION ON THE CODE ENFORCEMENT BOARD, WHICH IS OPEN DUE TO A TERM EXPIRATION. QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN THIS BOARD MEETS ON THE THIRD WEDNESDAY OF THE MONTH AT 2:00 P.M. IN THE COUNCIL CHAMBERS, ON AN AS NEEDED BASIS. APPLICATIONS ARE AVAILABLE IN THE CiTY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH WEDNESDAY, FEBRUARY 20, 2002. CODE ENFORCEMENT BOARD MEETS THIRD WEDNESDAY OF MONTH IF HEARING IS NEEDED- 2:00 P.M. MEMBER NAME AND ADDRESS POSITION APPOINTMENT HISTORY Thomas T. Connelly Engineer Position Appointed Reg. Member Term 149 Kildare Drive Vacated By Metcalf: 9/11/96 Sebastian Fi 32958 Term Expired: 8/1/99 388-1846 Reappointed Regular Member Position: 9/8/99 Term to Expire: 8/2002 Is in 6~ Regular Member Year and 2'~ Full Term William H. Simmons Member Position Appointed Regular Member 509 Drawdy Way Unexpired Term Vacated by Sebastian., Florida 32958 Sal Neglia: 2/13/2002 589-9826 Term to Expire: 3/1/2003 No full term - 1't Regular Member Year Allen G. Schofield Subcontractor Appointed Regular Member 734 Rose Avenue Position Position Vac. By May: 6/17/98 Sebastian, Florida 32958 Unexpired Term to Expire: 388~1805 2/2000 Reappointed Regular Term: 312000 Term to Expire: 2/1/2003 Is in 3r~ Reg Member Year and 1't Full Term Ken Cosco Realtor Position Appointed 1st Alternate 6/95 372 Banyan Street Term to Expire: 6/98 Sebastian, FL 32958 Appointed to Regular Member 388-5432 Realtor Position Vacated by Gilliams: 5/96 Term to Expire: 3/99 Reappointed to Regular Member Realtor Position: 3/24/99 Term to Expire: 3/1/2002 Is in Eh Reg Member Year and 2~d Full Term 77 Jayne Barczyk Member Position Appointed Unexpired 609 Caravan Terrace Regular Member Position Sebastian, FL 32958 Of Joseph Fiescher: 9/9/98 388-1949 Term t(~ Expire: 3/2001 Vice Chair- appointed 1/02 Reappointed Regular Member: 2/28/2001 Term to Expire: 3/2004 Is in 1't Full Term -4th Regular Member Year Ronald M. VanBuskirk General Contractor 'Appointed Unexpired Regular 252 Dock Avenue Position Member Contractor Position Sebastian, Florida 32958 Vacated by Peter Cavallo: 589-7804 2/12/2001 Term to Expire: 6/1/2002 Is in 1st Regular Member Year John Oakes Businessman Appointed Unexpired Regular 593 Birch Court Position Member Businessman Sebastian, Florida 32958 Position Vacated by Joel Alan 388-2957 Kea: 12/12/2001 Term to Expire: 3/1/2003 Is in 1st Regular Member Year Adrina Davis Alternate Appointed Unexpired Alternate 668 Benedictine Terrace Member Position Vacated by Sebastian, FL 32958 Donna Merritt: 589-2408 Term to Expire: 6/2001 Reappointed Alternate Member Position: 6/13/2001 Term to Expire: 6/2004 Joseph Morozowski Alternate Appointed Unexpired Alternate 3426 Heatherway Lane Member Position Vacated by Sebastian, FL 32958 Elizabeth Griffin: 9/8/99 589-8024 Term to Expire:4/2000 Reappointed Alternate Member Position: 5/10/2000 Term to Expire: 4/2003 BOARD RECORDING SECRETARY -Ann Brack ?8 AGENDA TRANSMITTAL Subject: Approve Architect ranking, & authorize contract negotiations. Agenda No. 02, dIq~ Department General ~/rvices Date Submitted: February 20, 2002 For Agenda of.' February 27, 2002 Exhibits: Finalist Evaluation & Ranking Matrix EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A N/A I REQUIRED: None APPROPRIATION SUMMARY As a result of steady and continued growth over a period of years, the City is in desperate need of more office space, and meeting space that will also accommodate efficiency within the work place. In response to this growing demand, it has become apparent that the City needs to solicit outside professional assistance for a planning/study activity of the current needs as well as future needs. Because this study may wind up recommending a new City Hall Facility, and to promote continuity throughout such a project, we feel that the Architectural Firm selected to perform the preliminary work should also be the Prime Architect from beginning to end wherever that may lead. Accordingly, they must possess the experience and qualifications to meet all our needs. Therefore, in accordance with the Consultants Competitive Negotiation Act, solicitations were disseminated, three (3) firms were "short listed" as best qualified out of a total of six (6) responses. The three (3) firms and factors used to rank them in the interview & evaluation process are shown on the attached exhibit, and as you can see the factors are quite demanding and comprehensive. To put things more in perspective, the scope of services as described to the Architects in soliciting their Request for Qualifications is as fellows: "The City of Sebastian requires architectural services for spatial analysis, planning, programming, consulting, renderings, & other drawings, construction supervision, & any other consulting services specifically stated herein or implied for the planning, design, developing, and possible construction ora new City Hall Building including a new City Council Chambers from start to finish." Although not specifically mentioned herein the Police Department is also a part of this program study as they are "bursting at the seams" for space. ARer conducting interviews, and at~er due deliberation, the Consultant Selection Committee, Mr. George Bonaeci, Building Director; Mr. Jim Davis, Chief of Police; Mr. Terry Hill, Public Works Director; Mr. Mark Mason, CPA., Finance Director; & Mr. Paul Wagner, General Services Administrator/Asst. to City Manager, hereby recommend that you approve the Architect selection & ranking as shown on the attached exhibit. RECOMMENDED ACTION~ Move to approve the selection & ranking of Architectural Firms as shown & recommended by the Consultant Selection Committee on the attached exhibit, & authorize staffto start contract negotiations with the number one ranked firm KEG Architects, Inc., West Palm Beach, Florida. c~o~ prodSubject: Slip Lining for Barber Street for Subm. ittal by: City of Sebastian, Florida Agenda No. 02.045 Department Origij,ig;~ u b lic yf~ o,r,l~s D.ept. Head: Finance: General Services.~-'~ Date Submitted: 2/19/02 For Agenda of: 2/27/02 Exhibits: quotes EXPENDITURE REQUIRED: $ 35,280. AMOUNT BUDGETED: $ APPROPRIATION REQUIRED: $ 35,280 SUMMARY As the Barber Street/Schumann Drive intersection project got under way it was discovered that the pipe under Bm-ber Street has failed and must be replaced or repaired. After researching costs and procedures we have determined slip lining was the way to repair the pipe. By slip lining this pipe we will eliminate closing Barber Street and detouring traffic and it is the most cost effective repair. Due to time constraints, safety concerns and in an effort to eliminate any work stoppages, we ask that the sealed bid process be waived and this emergency repair work be given to Lanzo Lining Services of Pompano Beach, Fl in the amount of $35,280. This company is currently under contract with FDOT to furnish storm drain linings for the US #1 project now under way and was able to give tile City the lowest cost of $420. per ft. We did get additional costs estimates from the contractor doing the improvements for installation only with the City buying the pipe for a cost of $38,748.12. Also, the consulting engineer for this project Kimtey Horn had obtained a per foot price of $450 for a total cost of $40,000 fi'om Omega Environmental a subcontractor to C.I.P.P. Corporation. RECOMMENDATION Move to waive the sealed competitive bid process and authorize the emergency slip lining of the Barber Street pipe by Lanzo Lining Services for a total cost of $ 35,280, and move to approve tile appropriation of $35,280 fi'om the savings in Fund 330 the Transportation Capital Project Fund. Mr. Jerry Converse City of Sebastian 1225 Main Street Pompano Beach, F1 32958 Tel: 561-321-2202 Re; Cured in Place Pipe/Lanzo Lining Experience & Reference Dear Mr. Converse; Lanzo is engaged in the ongoing repair of defective Storm Sewer by Cured in Place Pipe method. Our service includes cleaning, televising, and lining defects identified. Once lined the opportunity for further siltation is eliminated since our liner serves as a catch basin - to - catch basin or catch basin - to - seawall single joint less pipe. Lanzo has installed over one hundred and eighty separate projects totaling over 1,500,000 lineal feet in municipalities throughout Florida, Michigan, Wisconsin, Ohio, and Canada. We are presently under contract with FDOT to furnish Storm Drain linings in defective, leaking, or corroded pipes. Regarding'your 54" equivalent round pipe arch; we are pleased to offer the following quotation for a fully deteriorated stand alone liner meeting FDOT section 941, HS-20 load criteria and ASTM F1216: 80' 54" equivalent round CMP Arch Liner $420.00/lf $33,600.00 The prices stated would be required to rehabilitate the pipes described to a fully stand alone seweLm/ain d.esign with a fifty (50) year service life expectancy. - The City of~~-~r~ould be named as "an additionally insured" in a newly executed insurance binder, the limits of which meet those listed in our present contract. Work would be complete within approximately 30 days after a notice to proceed has been advised. Should you require any further information, please do not hesitate to contact us. Thank you for your kind consideration of Lanzo Lining Services. RespectfullT~,, Fred Tingberg ~s~ant Secretary 1900 N.W. 44th Street · Pompano Beach, FL 33064 °(954) 973-9700 · Fax: (954) 974-3894 Timothy Rose Contracting 120 43rd Ave S.W. Veto Beach, FL 32968 (561) 564-7800 FX: (561) $64-7888 City of Sebastian · Re.[eton. ce #: 00000001 Date: 2/12/2002 Payraent..~u.e: 03/1-4/02 Terms: DUE ON RECEIPT PAGE QUOTE Re: Schumann Drive & Barber Street Install 88' of 43x68 RCP Class II/ pipe Mobilize, MOT Road Closure~ MOT, DEmo existing &' sawcut wail ~'E~c~pti6iS,"'p~.p~..' ....................... 32,557.32 This is a quote. TOTAL 3?, 557.3',' 02/12/02 TUE 14:49 [TX/RX NO lt25fi]