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HomeMy WebLinkAbout0808200101.192 7. 8. 01.057 9. SEBASTIAI~ AG REGULA WEDNESDAY, AUG CITY COUN( 1225 MAIN STREET, ALL AGENDA ITEMS MA Y BE INSPEC: - 1225 MAIN STREET Individuals will address the City Council with respect to age[ City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Rev. Bob Shields, Alliar 4. ROLL CALL 5. ..AGENDA MODIFICAT. IONS (ADDIT!OI~ Items not on the wdtten agenda may be added oJ 6. PROCLAMATIONS ANNOUNCEMENT A. Rep. Mayfield to Present Legislat CITY ATTORNEY MATT. ERR CITY MANAGER MATTERS A. Announce Public Workshop for S1 CITY CLERK MATTER_SS ~ELIC~N ISLAND CITY COUNCIL ENDA R MEETING LIST 8, 2001 - 7:00 P.M. :IL CHAMBERS SEBASTIAN, FLORIDA 'ED IN THE OFFICE OF THE CITY CLERK SEBASTIAN, FLORIDA da items immediately before deliberation of the item by the ce Community Church AND/OR DELETIONS~ ,ly upon a m~jodty vote of City Council members (R-99-21) AND/OR PRESENTATIONS Ye Update ormwater Utility 1-13 01.127 01.179 15-18 01.099 19-26 01.099a 27-60 10. CITY COUNCIL MA'i-rERS A. Mr. Hill B. Mr. Majcher C. Mayor Barnes D. Mr. Bishop E. Mr. Barcyzk CONSENT AGENDA All items on the consent agenda ere 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 July 25, 2001 Regular Council Meeting Minutes Authorize the City Manager and Mayor to Attend the Florida Historical Preservation Board Meeting in Tallahassee 9/10-9/11 (No Backup) 12. PUBLIC HEARING Procedures for public heatings: (R-99-21) · Mayor Opens Heating · Attorney Reads Ordinance or Resolution · Staff Presentation · Public input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Heating ° 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 for the Record Second Reading and Public Hearing for Ordinance No. O-01-17 -Amending LDC to Ban Operation of Large-Scale Free-Standing Mulching Machines (City Attorney Transmittal 7/27/01, O-01-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES TO CREATE SECTION 5~54CERTAINMULCH MACHINES PROHIBITED;PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE, Second Reading and Public Hearing for Ordinance No. O-01-18, Davis Annexation (GMD Transmittal, O-01-18, Letter of Request, Location Map and Chapter 171.044 F.S.) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39 PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing for Ordinance No. O-01-09, Davis CLUP Amendment (GMD Transmittal 7/16/01, O-01-09, Application for Land Use Change, Conceptual Plan, Location May, Staff Report, P & Z recommendation, and the DCA (ORC) Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. '2 01.099b 61-92 Second Reading and Public Hea Transmittal, O-01-10, Proposed Plan, Location Map, Staff Repod AN ORDINANCE OF THE CITY OF CLASSIFICATION OF PLANNED UNITE A PRIOR COUNTY ZONING DESIGNAT (80) ACRES, MORE OR LESS, BEING ~ FOR REPEAL OF ORDINANCES OR PAF SEVERABILITY; AND PROVIDING FOi; 13. ,INTRODUCTION OF NEW BUSINESS Item that has occurred or was discovered within th required- limit of ten minutes for each speaker 14. COMMITTEE REPORTS/RECOMMEND 01.0O9 A. 93-100 Interview and Appoint Alternate M (City Clerk Transmittal 7/26/01, A 15. OLD BUSINESS - None 16. NEW BUSINESS - None 17, ADJOURN (Afl meetings shall adjourn at 10:30 City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MAJ CONSIDERED A T THIS MEETING (OR HEARING) WILL NEED A ~ THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES AC FOR THIS MEETING SHOULD CONTACT THE ClTY'S ADA COORD~ MEETING. Hearing Assistance Headphones are Available in the Council Ct Upcomino Meet n~ls, Budget Workshop - Wednesday, 8/15/01 - 7 pm Regular Meeting- Wednesday, 8/22/2001.7 pm Regular Meeting - Wednesday, 9/12/2001.7 pm Regular Meeting- Wednesday, 9/26/2001 - 7 pm ring for Ordinance No. O-01-10, Davis Rezoning (GMD ~mendment/Page 2 Application for Rezoning, Conceptual P & Z Recommendation, and the DCA (ORO) Report) SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING EVELOPMENT RESIDENTIAL (PUD-R) FOR ANNEXED LAND WITH ION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF EIGHTY ~ PART OF SECTION 18, TOWNSHIP 31, RANGE 39 PROVIDING ~TS OF ORDNANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. :ROM THE PUBLIC ~ previous six months which is not otherwise on the agenda - sign-up ATIONS ~=mber Position on the Planning and Zoning Commission pplication, Board Member List, Advertisement) ~.m. unless extended for up to one half hour by a majo#ty vote of IE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER !ECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE T (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION NA TOR A T 589-5330A T LEAST 48 HOURS IN ADVANCE OF THIS ,ambers for all Government Meetings. 2. 3. 4. HOME, OF SEBASTIA~ MI REGULi WEDNESDAY, JUL CITY COUNC 1225 MAIN STREET, Mayor Barnes called the Regular Meet ~ The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director~ Jason Milewski Building Director, George Bonacci City Engineer, Ralph Brescia Finance Director, Mark Mason Growth Management Director, Tracy Has Police Chief, James Davis Public Works Director, Terry Hill Roads and Drainage Supervisor, Jerry Engineering Construction Inspector, Bob CITY COUNCIL lUTES R MEETING Y 25, 2001 - 7:00 P.M. :IL CHAMBERS SEBASTIAN, FLORIDA Ig to order at 7:00 p.m. ~nvefse ~eterson DRAFT DRAFT Regular City Council Meeting July 25, 2001 Page Two AGENDA MODIFICATIONS (.ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) None. 01182 01.159 01.183 PROCLAMATIONS, ANNOUNC.EMENTS AND/OR PRESENTATIONS Presentation of Check from Florida De. partm .ent of Environmental Re.qulation - Florida ,.Recreat on,.Development Assistance Program - R very, Jew Park Expansion The City Manager formally presented the check from the Florida Department of Environmental Regulation. Mayor Barnes reported that there will be a City Council workshop on Riverview Park expansion on August 8, 2001 at 6 pm. Presentation of Certificates of Apprec atio. n to Donna Bauer, Lisa A. DeAn,qelis. and Charla ,M. De,.Hate for Their Assistance Durin,.q Dog Attack Mayor Barnes presented the certificates to Ms. Bauer, Ms. DeAngelis and Ms. DeHate. CA Video Presenta. tion by Airport Ma. nager, Jason Mi ewski,...on "Aviation in Florida'i The Airport Director gave a brief video presentation and reported he is working on an a rport, economic impact analysis. CITY ATTORNEY MATTERS Reported that the local option gas tax appeal is in Tallahassee Reported that there are homes where vacant properties have been listed and the City will be going through aerial photos to straighten out records and the tax roll will be updated so all residential lots will be sent the $4 rate initially and vacant lots will be adjusted later on Said he will appear on the August 7, 2001 Indian River County Commission agenda to justify the Kirrie land use for their concurrence 01.012 CItY MANAGER MATTERS. Status.Report on .CAM.CO Services.... City Proiects (CAMCO Letter, Notice t.o Pro.ceed, B d. Proposal price F.orm,...CAMCO President. Letter) The City Manager updated City Council on current CAMCO restroom projects based on concerns expressed by Council and the public. He clarified that if needed the City has recourse due to the fact there is a performance bond in place, and said for the record, the projects are somewhat behind schedule. He said he had invited the company president, Paul Palestrini, and cited contemplated completion dates as provided in the agenda packet. Regular City Council Meeting July 25, 2001 Page Three 01.184 B. Mr. Palestdni apologized for a relative to punch out (inspecti¢ hookup should take no more ti 01.141 C. Authorize the City Manager to Sebastian and Orange Peel E~ Amendment One) The City Manager briefly descl lease, specifically establishme~ described the mitigation plan. MOTION by Majcher/Barczyk "1 make a motion move DRAFT 3y delays and responded to questions from Council m) dates; and said the Yacht Club lift station/sewer tan ten days. Execu. te Amendment ~.1 to Airport Lease Between City o~ ~terprises, Inc. (City Mana.qer .Transmittal 7/12/0~ ibed the amendment to the Orange Peel Enterprises, Inc. it of a wetland mitigation plan. The City Attorney briefly to authorize the City Manager to execute Amendment Number One to the Airport Lease made to entered into the 10th day of July, 2001 between the City of Sebastian and Orange Peel Enterprises, Inc., providing to handle the mitigation for the removal of wetlands on the site." for the City ROLL CALL: Mayor Barnes - aye Mr. BishOp - aye Mr. BarcZyk - aye Mr. Majctler - aye Mr. Hill - aye MOTION CARRIED 5-0 Report pn Meeting with Contrac The City Manager reported on h easement administrative review review process; stated that to hi: drainage easement vacations twenty foot rear easements do n Mayor Barnes noted that the pro the need to maintain the easemE The Growth Management Direcl Council due to the fact that pre-, readjustments to the site. Mayor Barnes suggested that st~ adjusted rear easement rear-size TAPE I ~ SIDE fl (7:45 p.m.) Iors. Re~ardino Vacation of Easement Review Proces.~ is meeting with local builders regarding the vacation of ~rocess. The Building Director further described the . knowledge none of the previously approved rear ye come back as a problem; and cited specifically ~)t present a problem when a small portion is needed. cess was not Council's concern, rather it's concern was ~nts for future stormwater needs. noted that many applications never make it to onstruction negotiations with builders result in ff could come back with a recommendation for if it wished. Regular City Council Meeting July 25, 2001 Page Four DRAFT 9. CITY CLERK MATTERS None. 10. CITY COU..NCIL MATTERS A. Mr. Barczyk Reported on his attendance at the 7/17/01 and 7/24/01 Indian River County Commission meetings, specifically reporting on the waterline installation assessment program and adjustments to the interest rate. Said where the waterlines are going in, the contractors are doing a poor job of sod replacement which affects drainage. The City Manager said he had discussed the matter with the City Engineer and they are working with Indian River County. He invited members of the public to contact the City Engineer with any drainage damage concerns they have. Mr. Barczyk further discussed reductions from preliminary to final assessment. B, Mr. Hill Reiterated a citizen's recommendation to put in a lower docking area for boats at City boat ramp docks. Mayor Barnes said the City Engineer is looking into the cost of a floating pier. C. Mr. Maicher Reported that lights are installed at Schumann Tennis courts. The City Manager said the resurfacing project will be undertaken very soon. D. M.a..y0r Barnes Discussed the installation of additional TV in City Council Chambers and outside speakers. 01.185 Proposed Schedule for Council Attendance at India,,p River County Commission Meetinas (No Backup) Council agreed to do one month at a time with the Mayor beginning in August, Mr. Bishop attending September, Mr. Barczyk attending October, Mr. Majcher attending November and Mr. Hill attending December's meetings. The Mayor urged Council to call another member if they cannot attend a meeting. E. Mr.,,~ishop None. 4 Regular City Council Meeting July 25, 2001 Page Five Mr. Barczyk reported on future public 11. CONSENT AGENDA Ail items on the consent agenda are considered ~ of consent agenda items unless a member of City separately. A. Approval of Minutes - July 11, 01.186 Authorize Renewal of B & T So Accordance with Terms of Ori 01.069 Approve Riverview Park Speci 10 am - 4 pm (Parks Transmitt~ 01.083 Accept Local Law Enforcemenl of Justice Assistance (City Ma Award Approval Notification, G 01.187 E. Authorize the Solicitation of Transmittal 7/25101, Forfeitun 12. 13. MOTION by Hill/Majcher "1 move approval of consent ag, ROLL CALL: Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes MOTION CARRIED 5-0 PUBLIC HEARING - None INTRODUCTION OF. NEW BUSINESS Item that has occurred or was discovered within; required - limit of ten minutes for each speaker Dorothy Young recommended more thai to one weekend each month. DRAFT hearings in August for Indian River County redistricting. ,utine and will be enacted by one motion. There will be no separate discussion Council so requests; in which event, the item will be removed and acted upon 2001 Regular Meeting, July 18, 2001 Special Meeting d and Landscaping Co. Contract for One Additional Year in inal Contract (GSA Transmittal 7/12/01) Event Permit for Pelican Island Wildlife Festival, 3/10/02 7/17/01, Memo from Pelican Island Preservation Society) Block Grant and Authorize City Manager to Notify Bureau nager Transmittal 7/19/01, Memo from Captain Puscher, · ant Handbook Information) lids to Sell Seized Cabin Cruiser "The Betsea" (Police Agreement) .~nda items A through E." - aye - aye - aye - aye - aye FROM THE PUBLIC ~e previous six months which is not othen/vise on the agenda - sign-up ,one garage sale sign be allowed and to limit garage sales Ed Wihlborg, Concha Drive, Sebastian, discussed 380 Concha Drive which is owned by a habitual code violator, described work that had tO be done by the City, and asked what staff is going to do about this or were any fines imposed. The City Manager advised him to speak to Code Enforcement Officer Dennis Hovasse. / Regular City Council Meeting July 25, 2001 Page Six DRAFT Keith Jones, 297 Joy Haven, Sebastian, discussed an adjacent property owner's calls made on him to Code Enforcement for what he was advised by the Building Director was legal tree removal from his property along the canal, and later alleged threats made by certain city officials not to trespass on canal property due to the City's tree removal policy. Mayor Barnes advised that there is a first reading of the canal policy on this agenda, at which time further discussion would take place. Pete Kahle, Concha Drive, Sebastian, discussed the cleanup of 380 Concha Drive, and expressed dismay at the dumping of debris from the City's new vacuum truck into the canal and the piping of gutter runoff from residents' houses directly into canals. TAPE ii - SIDE I (8:33 p.m.) The Public Works Director said the truck is used for stormwater and has a feature that decants; that the water is fairly clean, and the process has the approval of St. Johns River Water Management District. The City Attorney reported that the gutter system was allowed under the old Land Development Code but is not allowed any longer, and said he would have to research what regulations could be enacted for existing systems. The City Attorney also stated that City's Land Development Code prohibits dumping in the Lagoon. Mayor Barnes called recess at 8:38 p.m. and reconvened the meeting at 8:55 p.m. All members were present. 14. COMMITTEE REPORTS/RECOMMENDATIONS None. 15. OLD BUSINESS 01.157 A. Recons..derat on of Ordinance No. O-01-15 - Recreation Impact Fee (O-01-15~) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE III RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-15 by title and noted the item was on the agenda to reconsider and advised the Council could move the effective date to accommodate builders who have quoted prices to their customers. The City Manager said this was an opportunity for Council to address the effective date. There was no public input to be heard. Regular City Council Meeting July 25, 2001 Page Seven 01.188 B. DRAFT Following City Council discusslon, motion was made to move the effective date to October 1st to coincide with the City's filcal year. MOTION by Hill/Bishop "1 would move to make ROLL CALL: Mr. Barc Mr. Majc Mr. Hill Mayor B~ Mr. Bish¢ MOTION CARRIED 3-2 (Barcz The City Attorney said he woulc to change the effective date up~ First Readip,q of Ordinance No. Ordinance No. O-01-19, Canal AN ORDINANCE OFTHE CITY OF SEI: 110 TO CREATE ARTICLE III CANAL. SEVERABILITY, AND EFFECTIVE DA the effective date of Ordinance No. O-01-15 October 1st." ~-yk - nay ~er - nay - aye ~rnes - aye ~P - aye tk, Majcher- nay) provide an addendum to the Ordinance stating the action )n reconsideration. O-01-19 - Canal Policy (City Attorney Transmittal, _andscape Mana.qement Plan., Policy Paper) ~ASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER _AND$CAPE MANAGEMENT PLAN; PROVIDING FOR CONFLICTS, YE, The City Attorney read Ordinan,;e No. O-01-19 by title and briefly described the process that will go into effect to require I~ permitting process for removal of vegetation along canal ba.n. ks. He went on to describ.~ the formula for removal as set out in the proposed ordinance. The City Manager s,,3id he is working with the Building Department and Code ~E~n~o. rcemen.,t De.,p, ,artmen! a,n,d .o~ce adopted, following the public hearing on August 22"d, zuu-~, perml[s wll~ De avai~ame ~qresidents free of charge. The City Attorney said the final step will be to look into recreaticlnal opportunities on the canals. The City Attorney stated that on be naturalized. The middle one a percentage of trees would ha~ The City Attorney suggested art a standard 80 foot canal, fifteen feet on each side would :hird can have docks and vegetation can be removed but to be replaced. ~ndment to section 4, paragraph (b) using a foot basis instead of a percentage basis. D scussion took place on the impact of this policy on vacant lots. The City Attorney then suggested that we c arify that permits are availa I "dev I .... b e for eoped lots in section 3 andhe will amend the ordinance so that "develo ed" is added before "canal lots". / P The City Attorney advised that only trimming permits will be free of charge. Regular City Council Meeting July 25, 2001 Page Eight DRAFT MOTION by Barczyk/Majcher "1 move to adopt Ordinance O-01-19 with recommended changes." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 16. NEW BUSINESS 01.118a Approve Work Authorization Thre_..e.fp..r.L. pA.Group, Inc. to Provide En.qineerinR and Desi,qn for Access Roads. Water and Sewer Lines and Electric Access Gates (Airport Transmittal 7/16/01, Scope .of. Work) The Airport Director introduced Mark Janson and Doug Hamerick, LPA Group, and described recent grants received and proposed airport infrastructure improvements that will attract future growth. MOTION by Barczyk/Bishop "1 move to approve Work Authorization Three for the LPA Group, Inc. to provide the City of Sebastian with engineering and design services for access roads, water and sewer lines, and electric access gates." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 01.118b A~3Drove Work Authorization Four for LPA Grou~) to Provide Engineering and Desian Services for Proposed T-hanmar Development on West Side of the Airport. to include Buildin.~s, Connectin~ Taxiwav Pavements. Parkine Lot Pavements. and Other Miscellaneous Improvements (Airport Transmittal 7/16/01, ScoDe of Work) The Airport Director further described proposed T-hanger development. Regular City Council Meeting July 25, 2001 Page Nine TAPE II - SIDE I (9:33 p.m.) The Airport Director said the monl MOTION by Majcher/Bishop "1 move to approve work a Sebastian with engineering and dE on the west side of the Airport pavements, parking lot pavement,, ROLL CALL: Mayor Barn. Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill MOTION CARRIED 5-0 01.189 Approy.e Water Quality/Quantity & Desi(3n inc,_.(En.clineerin~a Transr The City Manager said this is a fi stormwater grant process. He note that amount from grant funds. MOTION by Bishop/Barczyk "1 move to award the Wate~ Environmental Research & Design me just abbreviate it, SJRWMD Gl ROLL CALL: Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor BarnE MOTION CARRIED 5-0 01.025 Resolution No. R-01-57 - Repe~ Transmittal 7/25/01, R-0..1~57) A RESOLUTION OFTHE CITY OF SERAS' WATER RESTRICTIONS; PROVIDING FO DRAFT hly rent would be approximately $300 per unit. uthorized for the LPA Group, Inc. to provide the City of sign services for the proposed T-Hangars development to include T-Hanger buildings, connecting taxiway and other miscellaneous improvements." - aye - aye ~ aye - aye - aye ~,nalyti.cal Servi.c..e..s Contract t.o Environmental Research ittal 7/16/0.1, RFP Rankin~ & Scorine Matrix) ~al phase of the St. Johns River Water Management d the cost is in the amount of $84,640 with $45,000 of Quality/Quantity & Analytical Services Contract to Inc. from Orlando in conjunction with Sebastian, well let ant requirements for same." - aye - aye - aye - aye - aye ~1 of Emergency Wat. er Restrictions (City Attq.rney 'lAN, INDIAN RIVER COUNTY, FLORIDA, LIFTING EMERGENCY CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE, DRAFT Regular City Council Meeting July 25, 2001 Page Ten The City Attorney read Resolution No. R-01-57 by title and described the restrictions in effect since May, 2000. Mr. Bishop said he believed three weeks of rain did not negate three years of drought, recommending the emergency restriction remain in effect for at least the next sixty days, and proceed to work with St. Johns to establish a monitoring well. He suggested perhaps permits can be issued to schools for fundraisers if the rains continue. Betsy Connelly, Sebastian, recommended obtaining good numbers before lifting any water restrictions. The City Manager said work is being done to establish the monitoring well in Filbert Street. Charlie Stachel, Coral Reef Street, Sebastian, encouraged wamings for enforcement of codes. Pete Kahle, Sebastian agreed that the emergency restriction remain in effect. City Council continued relative the need for a monitoring well prior to lifting the emergency restriction, and the need for facts and figures. The City Manager said he would work with St. Johns to develop the well. MOTION by Majcher/Bishop "1 make a motion to not adopt 57, R-01-57." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 01.190 Resolution No. R-01-59- Establishing Water Utility Blue Ribbon Panel and Reauestina IRC SUDDort ('City Attorney Tra..n..~mittal, R-01-5.9) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING FACT-FINDING PANEL FOR WATERLINE EXPANSION PROJECT; REQUESTING COUNTY ASSISTANCE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-01-59 by title and said this forms a fact finding panel to review how the assessment was set up, is there equal treatment, etc., and then ask for a written report to Council by March 2002. He recommended Bruce Lea, Utilities; Lee Weeks, Financial; Larry Napier, former employee, Chuck Barrett, Engineer; and Mort Smedley, retired City Manager. He also suggested Clive Beckwith and William Germann, as citizens, if Council wanted to expand l0 Regular City Council Meeting July 25, 2001 Page Eleven 01.031 F. to seven. He said this is a facl make no recommendations. Mr. Majcher recommended Mr. Mr. Lea Said he was honored to the City a little better than he. Chairman. MOTION by Bishop/Hill "1 would make a motion ROLL CALL: Mr. Majc Mr. Hill Mayor B~ Mr. Bish~ Mr. Barc MOTION CARRIED 5-0 MOTION by Bishop/Majcher "1 would make a motion ROLL CALL: Mr. Hill Mayor Mr. Bish( Mr. Barc Mr. Majc MOTION CARRIED 5-0 MOTION by Bishop/Barczyk "1 would make a motion' of the committee." ROLL CALL: Mayor B~ Mr. Bisho Mr. Barcz Mr. Majch Mr. Hill MOTION CARRIED 5-0 DRAFT finding panel and will not operate in the sunshine, and will Lea be the chairman. be appointed chairman but suggested someone who knows Mayor Barnes suggested Larry Napier or Lee Weeks as to adopt Resolution No. R-01-59." her - aye - aye ames - aye )P - aye ,yk - aye to make Bruce Lea the chairman of that committee." - aye ~rnes - aye .p - aye :yk - aye ~er - aye accept staff's recommendation as named for the balance rnes - aye :) - aye yk - aye er - aye - aye Resolution No. R-01-5~. - 3r" QL~arter B..ud.qet Amendment (Finance Transmittal 7/18/01, R-01-58. 3rd"d Quarter Budget F[evi.ew Memorandum, Project Status Reports by fund of June 30, 20,01, Investment S ~mma .ry as of June 3.0, 2001) 1 Regular City Council Meeting July 25, 2001 Page Twelve A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2000 AND ENDING SEPTEMBER 30, 2001 AS PROVIDED FOR iN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read R-01-58 by title. The Finance Director noted the need to amend the budget amendment to remove revenues for recreational impact fees for August and September, due to the change in effective date for Ordinance No. O-01-15. He then stated that the City has received additional revenues from the tobacco enforcement, insurance and donations which are offset by various expenditures associated with these revenues. MOTION by Hill/Barczyk "Move to approve R-01-58 as amended." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.099 First Readin.~ of Ordinance No. O-01-18 - Davis Annexation - Schedule Public Hear,ha 8(8/0! (GM Transmittal 7/16/01, Ordinance No. O-01-18, lett_e..r..of..re.~luest, location map and Chapter 171.044 F.S.) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39 PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read O-01-18 by title and the Growth Management Director briefly explained the annexation process and recommended approval since this property is an enclave. MOTION by Bishop/Barczyk "1 move to approve first reading, I guess this is how we do it, first reading of Ordinance No. O-01-18 on first reading, and schedule public hearing for August 8, 2001. ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill ~ aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Regular City Council Meeting July 25, 2001 Page Thirteen 01.191 17. H. Renamin,q of Fellsmere Road The City Attorney advised that county Sal Neglia, Sebastian, suggested.Seb~ that County approval would be needec Mayor Barnes suggested Sebastian B~ Mr. Bishop suggested Sebastian Boule Mr. Barczyk stated Sebastian Bouleval recommendation. Mr. Majcher stated since Sebastian eve Boulevard. Mr. Hill stated Sebastian should be in Jackie James, Roseland, stated a rec( so that would make a pretty name. MOTION by Bishop/Majcher "1 motion to extend the meeting VOICE VOTE on the motion carried 5-~ It was the consensus of Council to pl~ presented tonight for people to mail int, Being no further items, Mayor Barnes Approved at the ,2001 R, Walter Barnes Mayor Sally A. Maio, CMC City Clerk DRAFT No Backup) approval is not needed but a resolution would be. ~stian Blvd. from 195 to the river. The City Attorney advised to extend to 195. )ulevard. ~vard. d was named in the Charette process and agrees with this Ived from a riverfront town that it should be Sebastian River he name and that Sebastian River would be nice. ~t finding proves the river is named the St. Sebastian River ~ce a coupon in the next Pelican Brief listing the names City Hall their suggestions, to ensure public input. · ljourned the Regular Meeting at 10:35 p.m. gular City Council Meeting. 13 City of SebaStian, Florida ~c~ o~ ~ ~_____nrrom~ ~ AGENDA T-~ Agenda No. Subject: Ordiaance O-01-17; mulching machine prohibition SUMMARY: During adoption of the new Land Development operation of large-scale flee-standing mulching n shall accomplish that objective. RECO1VIMENDED ACTION: Pass Ordinance 0-01-17 AUTHORIZED PLACEMENT ON AGENDA it ANSMITTAL 01.179 Date Submitted: 7/3/01 For Agenda of: 8./8 / 01 Code, it was the intent of the Council to ban taehines within the City limits. This ordinance ORDINANCE NO. O-01-17 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES TO CREATE SECTION 50-54 CERTAIN MULCH MA CHINES PROHIBITED; PROVIDING FOR coNFLiCTS, SEVERABI~ITY, AND EFFECTIVEDATE. WHEREAS, it is the finding of the City Council that commercial-type mulching machines are a health and safety threat to the citizens and are not conducive to an urban setting; 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 by adding a section, to be numbered 50-54, which said section shall read as follows: Sec. 50-54 Certain mulching machines prohibited. It shall be unlawful to operate within the City limits any tub grinder, or any other mulching machine, having a tub or otherwise exposed chopping area with a diameter in excess of four feet. Section 2. CONFLICT. herewith are hereby repealed. All ordinances or parts of ordinances in conflict 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 D~ immediately upon its adoption by the City rTE. This Ordinance shall take Council. effect The foregoing Ordinance was The moti. and, upon being pu Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill / The Mayor thereupon declared this Ordirlance duly passed and adopted this 8th day of August, 2001. CITY OF SEBASTIAN, FLORIDA moved for adoption by Councilmember ~n was seconded by Councilmember to a vote, the vote was as follows: Mayor Walter Barnes By: Approved as to form and legality for reliance by the City of Sebastian: ATTEST: · Rich Stringer, City Attorney Sally A. Maio, CMC City Clerk City of Sebasl S ' ubject: Petition for Voluntary Annexation. y'"for Submittal by: Exhibits: Ordinance No. O-01-18, letter ofre~ location EXPENDITURE i AMOUNT BUD~ REQUIRED: None None Florida enda No. 01',099 )artment Origin: Growth Management Hass r~ )ate Submitted: July 23, 2001 of: Au 08, 2001 171.044 F.S. APPROPRIATION REQUIRED: None The Davis Family has filed for a voluntary annexation of an 80-acre enclave situated South of South Moon Under Subdivision and West of Schumann Lake. The voluntary annexation petition has been filed in accor The property will be annexed with a Medium Density Planned Unit Development - Residential (PUD-K) m residential parcels within the City of Sebastian. The property is being annexed as the proposed Davis PUD. the property and approval of the associated conceptual devel is included as part of the submittal package. The property i., (Low Density Residential, 6 units per acre) land use desig property PUD-R, with an underlying zoning designation of use designation of MDR (medium density residential). TI containing 434 total units with single-family units along the The purpose for doing so is to provide a single-family buff, single-family units within the City of Sebastian. The propos and a cumulative density of 7.32 units/acre (total land area roadways). The Planning and Zoning Commission reviewed the accompanying conceptual development plan at their regular Planning and Zoning CommissiOn held the required public approval of said request. Furthermore, the City Council pas,, at the regularly scheduled City Council meeting held on July 2 RECOMMENDED A' Hold second reading and a public hearing and move to adopt :lance with Chapter 171 of the Florida Statutes. [esidential (MDR) land use designation and a ning, which is consistent with the adjacent The Davis family has requested annexation of opment plan. The conceptual development plan currently zoned A-1 (Agricultural) with an L-2 nation and the applicant w/shes to re-zone the ?dVI-8 (multi-family) and a comprehensive land te conceptual plan outlines a total of 8 blocks perimeter and multi-family units in the interior. ;r along the perimeter where there are existing :d constitutes a gross density of 5.35 units/acre ainus 10.9 acres of lake area and 10.8 acres of roposed land use and zoning change and neeting on March 15, 2001. Additionally, the ~earing and forwarded a recommendation for ~d the first reading of Ordinance No. O-01-18 5, 2001. 2TION Ordinance No. O-01d 8. MOSBY AND ASSOCIATES, INC. 2455 14th Avenue Post Office Box 6368 Veto Beach, Florida 32961-6368 Telephone: 561-569-0035 · Facsimile: 561-778-3617 January 24, 2001 Mr. Terrance Moore City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Davis 80 Acres PUD-R Sebastian, Florida Engineer' s Project Number: 01-114 · Dear Mr. Moore: On behalf of the owners of the subject property, we are requesting that the subject land, which lies within Indian River County be annexed into the City of Sebastian. We have enclosed a copy of the boundary survey defining the boundaries of the property. Under separate cover, we have submitted a separate application to Mr. Tracy Hass for the rezoning of the property to PUD-R. A conceptual plan and application an/d fee were s,u,b~itted. If for some reason the property can not be rezoned to PUD-R and acces;?/across Tract 2" from Kildare Drive can not be granted, then the own~'3~equested that/~/annexation process be terminated. Shou~ yo/fi Iav$ an> ques~ns regarding the above subject, please call. andy L. Me ~y, P.E. RLM/jeb 2001 Mr. Terrance Moo-re City of Sebastima 1225 Main Stre~ Sebast/a..n, Fl. 32958 Subject: Anuexation of 80 acre Da~/s enda Dear Mr. Moore: I m-n requesting that my 80 acre encta,~e be a to the following conditions. The property recei~ of 8 un/ts/acre, and the City grants ~t¢cess from If for some reason the property cannot be arme~ the annexation process be terminated. Should you have any questions regarding the ab, Brian Davis, ~ (56t)473-0246. Thank You, - B::ian Davis nnexed into the City of Sebastian, subject es PUD-R zoning with a ~m density K/ldare Drive across Tract "T". ed under these conditions, I request that subject, please call me, Telephone: (561) 567-8000 May ! 0, 2001 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida $2960-3365 Ray Eubanks Bureau of State Plani~ing Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 City of Sebastian Comprehensive Plan Amendment DCA Ref # 01-1 Dear Mr. Eubanks: Please be advised that consistent with applicable provisions of Chapter 163, F.S. and Chapter 9J-5, F.A.C., the Indian River County planning staff reviewed the above referenced City of Sebastian comprehensive plan amendments. Planning staff supports this comprehensive plan amendment which is related to annexation of an enclave area. This annexation is consistent with the county's intergovernmental coordination element's objective 4 and associated policies regarding reduction of enclave properties. Should you have any questions, please call me at (561) 567-8000, ext. 250. Sincerely, ' Susan P(ohani, AICP Chief, 'Long-Range Planning CC~ Robert M. Keating, AICP Community Development Director John Wachtel, Senior Planner Mark Zans, GIS Planner Tracy Hass, Planning Director City of Sebastian James Snyder, DRI Coordinator Treasure Coast Regional Planning Council u\v\s\eubanksltr ,ciD. AVE. S.E~ASTIAIN GREENS 71.044 Voluntary annexation. Page ASIS 171.044 Voluntary annexation. TITLE XII MUNICIPALITIES CHAPTER 171 MUNICIPAL ANNEXATION OR CONTRACTI( (1) The owner or owners of real property in an unincorpo of a county which is contiguous to a municipality and rea-~ may petition the governing body of said municipality that annexed to the municipality. (2) Upon determination by the governing body of the mu petition bears the signatures of all owners of property in t proposed to be annexed, the governing body may, at any adopt a nonemergency ordinance to annex said property boundary lines of the municipality to include said propert ordinance shall be passed after notice of the annexation h at least once each week for 2 consecutive weeks in some ~ city or town or, if no newspaper is published in said city o a newspaper published in the same county; and if no new: in said county, then at least three printed copies of said n posted for 4 consecutive weeks at some conspicuous plac town. The notice shall give the ordinance number and a b description of the area proposed to be annexed. The desc in'clude a map clearly showing the area and a statement t legal description by metes and bounds and the ordinance from the office of the city clerk. (3) An ordinance adopted under this section shall be file, of the circuit court and the chief administrative officer of 1 which the municipality is located and with the Departmen days after the adoption of such ordinance. The ordinance map which clearly shows the annexed area and a complet of that area by metes and bounds. (4) The method of annexation provided by this section si )N rated area onabiy compact said property be nicipality that the ~e area 'egular meeting, nd redefine the ,. Said as been published ~ewspaper in such 'town, then in ;paper is published }rice shall be ~ in said city or 'ief, general ription shall ~at the complete can be obtained t with the clerk he county in of State within 7 must include a legal description ~11 be supplemental to any other procedure provided.by general or special law, except that this section shall not apply to municipalities iO counties with charters which provide for an exclusive method of municipal annexation. / (5) Land shall not be annexed .through voluntary annexationr when such annexation results in the creation of enclaves. ~ / (6) Upon publishing or posting the ordinance notice reqgired under subsection (2), the governing body of the municipality mdst provide a copy of the notice, via certified mail, to the board of the county of the county wherein the municipality is located. The no' provided in this subsection shall not be the basis of any c challenging the annexation. History.-s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 7 s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90-279; s. 1( commissioners :ice provision ~use of action 5-176; ch. 98-176. City of Seb Subject: Second reading and public he,' for Ordinance No. O-01-09, land use chan~ request from L-2 (Low Density Residential, 6 units per acre) to MDR (Medium Density Residential, 8 units per acre) for an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. Exhibits: O-01-09, Application for Land Use Change, recommendation, and the DCA Objections,.. Recommen EXPENDITURE ( AMOUNT E REQUIRED: None None SUM The proposed Davis PUD is located on an 80-, Subdivision and West of Schumann Lake. TI property and approval of the associated conceptu plan is included as part of the submittal package. (Agricultural) with an L-2 (Low Density Residex applicant wishes to re-zone the property PUD-R (multi-family) and a comprehensive land use dt The conceptual plan outlines a total of 8 blocks ~ a!ong the perimeter and multi-family units in the single-family buffer along the perimeter where th constitutes a gross density of 5.35 units/acre and area minus 10.9 acres of lake area and 10.8 acres The Planning and Zoning Commission reviewe accompanying conceptual development plan Additionally, the Planning and Zoning Commissi~ a recommendation for approval of said request. reading of Ordinance No. O-01-09 at a public hem RECOMMENI Hold second reading and public hearing, and mo' PELICAN: IS~D stian, Florid Agenda No. 01. 099a Department Origin: Growth Management Tracy E. Hass ,~~ Date Submitted: July 16, 2001 For Agenda of: August 8, 2001 Conceptual Plan, Location Map, Staff Report, P&Z dations, and Comments (ORC) [eport. UDGETED: APPROPRIATION REQUIRED: None MARY cre enclave situated South of South Moon Under te Davis family has requested annexation of the ~1 development plan. The conceptual development Additionally, the property is currently zoned A-1 thai, 6 units per acre) land use designation and the , with an underlying zoning designation of RM-8 :signation of MDR (medium density residential). :ontaining 434 total units with single-family units interior. The purpose for doing so is to provide a :re are existing single-family units. The proposed a cumulative density of 7.32 units/acre (total land )froadways). the proposed land use and zoning change and their regular meeting on March 15, 2001. m held the required public hearing and forwarded Furthermore, the City Council passed the first lng held on April 11, 2001. )ED ACTION · e to adopt Ordinance No. O-01-09. · ORDINANCE NO. O-01-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AP~PROVING AN AMENDMENT TO THE CO1V[Pi~HENSIVE PLAN WHICH AMENS THE FUTURE LAND USE MAP TO DESIGNATE I1VITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WITH A PRIOR COUNTY IA2N-D USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 6 UNITS PER ACRE (L-2) FOR LAND CONSISTI31G OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSlttP 31, RANGE 39; AUTHORIZING FINDINGS AND ,AD1VI3gqlST~TIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING 'FOR SEVERABIL1TY; AND I'ROViDING FOR EFFECTIVE DATE. WHlgREAS, the City Council has considered the application of Brian Davis for'an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of L-2 (Low-DenSity Residential, 6 units per acre) to MDR (Medium'Density Residential) in the City; and WHEREAS, the Ciiy Council has considered the criteria identified in Section 20A-1.1.8(c) of the Land Development Code and Florida Statutes together with the .findings and recommendations of its staff and the Planning and Zoning Commission; and WlIZREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and Wl:iI~REAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, 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, TRE~FO~, BE IT ORD~ 01~' SEBASTIAN, INDIAN RIVER COUN Section 1. AFFECTED PROPE Future Land Use Map adopted by this Ordim now lying and being within the incorporated a Florida: The West ~A of the Northwest lA of in indian River County, Florida. Section 2. DESIGNATION. Tt shall be amended to include and designate ME affected property as described in SectiOn 1, ab Section 3.' TRANSMITTAL. copy hereof to the authorities designated un~ reading, and proceed herewith in accordance v Section 4. CONFLICT. All ordi herewith are hereby repealed. Section 5. SEVERABILITY. In shall hold or determine that any part of this Or remainder of the Ordinance shall not be affecte Council of the City of Sebastian did not intend provision. It shall further be assumed that the remainder of this Ordinance without said invali causing said remainder to remain in full force a Section 6. EFFECTIVE DATE. concurrence of the issuance of a Notice oflnt~ Affairs finding the amendmem herein in compli corporate limits of the City of Sebastian. LINED BY TI:W, CITY COUNCIL OF ~ CITY rY, FLORIJDA, as follows: 1TY. The amendment to the Comprehensive Plan ace shall affect the following described real property, rea of the City of Sebastian, Indian River County, Section 18, Township 31, Kange 39 ~e Comprehensive Plan Future Land Use Map R (Medium Density Residential) for the Dve. 'he City Manager is directed to transmit a certified ;r Fla. Stat. 163.3184(3) upon passage at first ~ith the provisions of Fla. Stat. Chapter 163~ ~ances or parts of ordinances in conflict the event a court of competent jufisdicton finance is invalid or unconstitutional, the d and it shall be presumed that the City to. enact such invalid or unconstitutional 2ity Council would have enacted the d or unconstitutional provision, thereby ad effect. ['his Ordinance shall take effect upon the at by the Florida Department of Commurdty race and annexation of the property into the PASSAGE UPON FIRST I~AI)ING The foregoing Ordinance was moved for passage upon first reading this 1 lth day of April, 2001, by Councilcember /~~ The motion was seconded by Councilmember 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 A. Hill Sally A. Ma~, CMC City Clerk ADOPTION' The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being pm 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 A. Hill day of The Mayor thereupon declared this ,_, 2001. ATTEST: Sally A. Maio, CMC City Clerk Ordinance duly Passed and adopted this CITY OF SEBASTIAN, FLOR_IDA By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian Development Order Application Permit Application No. Applicant (If not owner, written authorization (notarized) from owner is required) Name: RANDY L. MOSBY, P.E. Address: 2455 14TH AVENUE VERO BEACH, FL 32960 PhoneNumbec.(561 ) 569-(~035 FAXNumbe~. (561) 778-3617 E-Mail: Owner(Ifdifferentfrom applican~ Name: MR. BRIAN DAVIS Address: 9347 141 st AVENUE FELLSMERE, FL 32948 Phone Number:.(561) 473-8246 FAXNumbe~. ( 561 ) 56~-0089 E-Mail: [TQpe of penmit or action requested: COMPREHENSIVE PLAN AMENDMENT - LAND USE PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, 'DRAWINGS, ETC. SHALL SE A'I-TACHED AND 81/2' 8Y 1 1" COPIES OF ANY A.~-rACHMENTS SHALL RE INCLUDED. A~-rACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. IA. Project's Name (if applicable): DAVIS 80 ACRE PUD B. Site Information Address: Block: · Unit: Subdivision: Lot: W ½ OF THE NW ¼ OF S18, T31, R39 Indian River County Parcel ~ 1 8-31 -39-00001 -0000-00000.1 Zoning Classification: County AG Future land Use: LS-2 Proposed Use: Existing Use: Vacant PUD-R C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): change county land use to City of Sebastian land use DATE RECEIVED: ~__~_~/O~ FEE PAID: $ ~/-~)~ RECEIVED LRevi$ion: ~ Developrnent Application FHa Name: Doa Permit Application No. D. Project Personnel: Agent: Name: MOSBY & ASSOCIATES, INC. Address 2455 14TH AVENUE VERO BEACH, FL 32960 PboneNumbe~.(561) 569-9035 AXNumber: (561) 778=3617 E-Mail: Attorney: Name: N/A Address Phone Number. ( ) FAX Number. ( ) - E-Mail: Engineer: Name: MOSBY & ASSOCIATES, /NC. Address 2455 14TH AVENUE VERO BEACh, FL 32960 Phone Numbec. (561) 569 - 0035 F~O<Number. (561) 778-3617 E-Mail: Surveyor: Name: HAYHURST LAND SURVEYING Address 1!22 OLD DIXIW HWY. VERO BI,ACH, FL 32960 PhoneNumber.(561) 569 - 6680 F/~Number. (561) 770- 3446 E-Mail: I, BRIAN DAVIS AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPI~ APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEI SIGNATURE SWORN TO AND SUBSCRIBED BEFORE ME BY ,_ ~)E J//~ J~J 2 ~IS PERSONALLY KNOWN TO M~OR PRODUCED AS IDEN~FICATiON~THIS ~ DAY OF r-Y'-)/¢~~ , ~' NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./EXPIRATION SEAL: BEING FIRST DULY SW,)RN, DEPOSE AND SAY THAT; X J AM THE OWNER ~ I iRTY DESCRIBED WHICH IS THE SUBJECT MATI'ER OF THIS AND/OR SKETCHES PROVIDED IN THIS APPEICATION ARE EXPIRES; March 5, 2005 /I Development Applicab'on FHe Name: Doa Parle 2 of 3 Revision: JForm CD-200? Approved: 08/'27/g7 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. I/VVE,~X THE OWNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P'I',ANi'q"I'[qG & 7, ONTNG BOARD/COMMISSiON OF THE CITY OF SEBASTIAN (THE 'BOARD"/"COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. J/~/E HEREBY. WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING 'FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING'THE PROPERTY, iNCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN. DATEr Sworn to and subscribed before me by ~L~ /~L,//_~ who.is perso,.nall~y known to me or produced as identification~ay of. Notapj's Signature Printed Name of Notary seal: IForo3 CD-200'I i Pa..ge 3 of 3 Development Application Approved: 08/27/97 J Revision: File Name: Doa Supplemental Informati, Comprehensive Plan A~ ATTACH ADDITIONAL PAC-,ES IF Current land use map designatic Permit Applt~fion No. ~ .~X 2. Proposed larld use map desigm :in ~endment (Land Use) ~~~. ~ize of proj~es: .., 8 0 n: COUNTY AG × 4. Describe the impact of the pm comprehensive plan and applicat .x 5. Is the proposed amendment comprehensive plan? If not, whi~ Is fl3e proposed amendment ir requirements of the city of Set ltJon: PUD-R )osed change on the other elements of the le ordinances of the City. NONE ~nsistent w[th the other elements of the one(s)? YES conformance with applicable substantive as~an Code of Ordinances? If not, w~ich one(s)~ YES permit Applic:aaen No, X what lanct use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? NONF. X8. Is the proposed amendment compatible with the existing or futura land uses of the city?, if not, why not.? ¥~E$ × 9. Are them adequate public facilities to serve the proposed land use? If not, which one(s) are nat adec~uate? ¥E$ 10. Would the proposed amendment result in a significant adverse impact on me natural environment? If so, describe the impact. NO Form ] Revfs~n:'page 2 of3 '~'J ~p. Pl~n Am~md. (Land 11, Would the proposed amendmE area, the general health, sa resources of the city?. If so, des 12. Does the proposed amendmenl not, describe. ¥~'$ 13. Attached the following: × a. A verified statement showir legal andJor equitable publicly held corporations recognized stock exchange, corporation and principal ex~ A~.F~,ved: 8/27.~7 --.Z_ b. Attach a list of the names a~ property within three hundm, A survey and legal de. scrip amendment is being request Revision: Permit Applicatien No. .nt adversely affect the property values of the !ety and welfare and impact the financial :rfba how. [qO result in an orderly ~levelopment pattern? I1' ; each and every individual person haVing a ~rship interest in the subject property except whose stock is traded on a nationally in which case the name and address of the ~cu§ve off',::ers will be sufficient. Id addresses of all owners of parcels of real (300) feet of ~a parcel to be considered. ion of the property for which the land use ad. comp. Plan Amend. ~..) Pile Name: I '1 N. FISCHER CiR. ~...~.)~N, .LJ, N,D.EP,' SEBASTIAN _.1 GREENS , J .g = = HOMF. OF PELf( Growth Managem Comprehensive Plan An Staff Davis 80 Acre PI Land Use Chanc Project Name: Requested Action: Project Location a. Address: b. Legal: Indian River County Parcel N Project Owner: Brian Davis 9347 141't Avenu Fellsmere, Florid~ 561-473-0246 Project Agent: Randy L. Mosby, 2455 14t" Avenue Vero Beach, Flori. 561-569-0035 Project Engineer: Same as Agent Project Surveyor: Hayhurst Land SL 1122 Old Dixie Hi, Vero Beach, Floril (561) 567"4355 Project Description Narrative of proposed action: 80-acre enclave situated south o' of Schumann Lake. The Davis property and approval of the acc Additionally, the property is cum (Low Density Residential, 6 unit~ applicant wishes to re-zone the I: designation of RM-8 (multi-fal ent Department endment Application .-port JD-R. e from L-2 (County) to MDR imber: 18-31-39-0000-1000-00003.0 18-31~39-0000-1000-00003.1 32948 ~.E. :la 32960 ~x:561-778-3617 rveying ]hway la 32960 The proposed Davis PUD is now an South Moon Under Subdivision and West family has requested annexation of the )mpanying conceptual development plan. .~ntly zoned A-1 (Agricultural) with an L-2 per acre) land use designation and the roperty PUD-R, with an underlying zoning nily) and a comprehensive land use designation of MDR (medium density residential). The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter and multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single-family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of '7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). Current Zoning: A-1 (County - Agriculture) Adjacent Properties Zoninq North: RS-20 East: PS South: RS-10 West: RS-10 d. 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: Current Land Use South Moon Under Schumann Lake Sebastian Highlands Sebastian Highlands Comprehensive Plan Consistency a. Future Land Use: b. Traffic Circulation: c: Public Facilities: d. Housing: e. Coastal Management: Consistent Consistent Consistent Consistent Future Land Use LD INS LD LD 81.0 acres Citrus Groves Immokalee, Pomello, Myakka Citrus Trees Zone A, Zone X Indian River County Utilities Indian River County Utilities Schumann Park - adjacent Sebastian Police 3 miles County Fire- 3 miles Consistent 2 10. 11. 12. 13. 14. 15. 16. 17. 18. Recreation and Open Space Conservation: Consist~ Intergovernmental Coordin; Conformance with Code of Ordina Changed Conditions: Land Use Compatibility: The adjl designated LD (Low Density Residen INS (Institutional) and the area to the Residential). The proposed PUD has Consistent ,nt rich: Consistent ces: Consistent tcent properties to the South and West are :iai) and the area to the East is designated ~lorth is designated LD (RS-20, Low Density ncorporated a Low Density perimeter with a Medium Density interior so as to surrounding land use designations. There will be a negligible impact caus, the similarity of the existing uses in the Adequate Public Facilities: Provide~ incorporated in the development of tracts are also incorporated in the proF Natural Environment: The propose¢ park space or open recreation are~ established by the comprehensive plar required to demonstrate proper compli2. Economic Effect: provided - The p~ limits of the City of Sebastian. Annex land area and a maximum of 434 ~ expanded tax base for the C ty of Seba, Orderly Development: The propose comprehensive plan and the propos, development given the location of th, availability of sufficient public facilities Public Interest: The proposed land interest. Other Matters: The requested land u provide consistency with the future Annexation of the parcel will demonstl as outlined in the comprehensive plan The proposed land use change will ct( wastewater, drainage and solid waste r~:main consistent and compatible with the .~d by the proposed land use change due to area. - public utilities (water, wastewater) will be e proposed PUD and on-site stormwater )sal. PUD will be required to contain 2 acres of s to satisfy the minimum standards as . The preliminary development plan will be nce with this regulation. 'operty is currently not within the corporate ation will provide an additional 80 acres of ~sidential units, which in turn creates an ~tian. ,d land use change is consistent with the ;d land use change provides for orderly ~site adjacent to residential property and ind access. se change is not in conflict with the public ;e change and accompanying rezoning will nd use map of the comprehensive plan. 'ate compliance with goals and objectives or annexation of enclave parcels. ate a slightly greater imPact on the water, acilities. The Planning and Zoning Commission reviewed the proposed annexation and accompanying land use and zoning change at their regular meeting on March 15, 2001. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. 19. Analysis: The proposed Davis PUD is now an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. The DaviS family has requested annexation of the property and approval of the accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with a L-2 land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning designation of RM-8 (multi-family) and a comprehensive land use designation of MDR. The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter with multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single- family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). 20, Conclusion: The requested land use change from L-2 (County) to MDR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff and the Planning and Zoning Commission recommend the City Council approve the requested land use change with the following conditions: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan shall demonstrate proper compliance with this regulation. = The land use change shall be conditioned upon receipt of annexation approval by the City Council. The property owner shall dedicate Fleming Street extension right-of-way during platting phase. The existing mobile home on the property shall be removed prior to construction if annexation of the property is granted by the City Council. PREPAR'-F-'~BY 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARC, Randy Mosby, representing Rick Wisher, gave questions. Tracy Hass gave staff presentation noting th~ require eight (8) parking spaces at this site. He for this site. Chmn. Mather opened and closed the public he input. In summary, staff recommended approval. MOTION by Vesia/Barrett I make a motion that we approve the Street, Sebastian. Roll call: VC Vesia - yes Mr. Smith - yes Mr. Barton(a) - yes Chmn. Mather - yes The vote was 7 - 0. Motion carried. '~ B. Public Hearing - Recommendati( Plan Amendment- Land Use Map (County) to rvlDR- Medium Density Re Randy Mosby, Mosby & Associates, was pres already been sworn in. He gave a presentatior the City of Sebastian. He noted that this site tonight. He also commented that if City Coun¢ City, all issues before the P & Z Commission ton Randy proceeded to explain the conceptual pla that none of the details are defined in the conce Tracy Hass gave staff presentation noting that designation are the issues before this Commis.' annexation study is about to be done for the ( County is in favor of all of its enclaves being ann possible extension of Fleming Street, and wetlan Staff recommended approval with the two cot condition as follows: 3. The property owner shall dedicate during platting phase. 15, 2001 presentation and offered to answer any the APA standards for parking would dso addressed the landscaping required aring at 7:12 pm, as there was no public site plan for Wisner Controls at Main Mr. Barrett - yes Mr. Mahoney - yes Ms. Carbano - yes )n to City Council - Comprehensive Change - Davis 80 Acre PUD-L-2 sidential .=nt representing the applicant and has ~ mentioning annexation of this site into :overs items B, C, & D on the Agenda il does not annex this property into the ght become null and void. n which establishes density. He noted tual plan. ,e conceptual plan, land use and zoning ;ion tonight. He also indicated that an ;ity of Sebastian, and at this time, the 9xed into the City. He also spoke of the -is that are on the site. ditions in the staff report plus a third Fleming Street extension right-of-way PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15, 2001 On a procedural note, Chmn. Mather commented that Items B., C., and D., were ali discussed together, and Atty. Stringer indicated that each item should be voted upon separately. Mr. Barrett requested that a fourth condition be added, - namely that the existing mobile home on that property be removed prior to construction if it is accepted for annexation. Randy Mosby agreed that all existing structures would be removed prior to construction. There was some discussion on lot size. Mr. Mahoney commented that this project is a great project, but sees a problem with access to the site. Mr. Mosby responded that he can design around this, but has no details yet. Atty. Stringer noted that these details have not been addressed as yet, but felt it can be worked out. Tracy Hass also addressed this issue and assured Mr. Mahoney that residents will be notified, and this issue will be worked out. Mr. Mosby again noted that at this point, the conceptual plan is all that is at issue. Details of the design will come later and be presented for approval or disapproval. Mr. Mahoney again commented that this is a good plan, but was dissatisfied that some detailed questions could not be answered. Chmn. Mather opened the public hearing at 7:50 pm. Tut Connelly of Kildare Dr. in Sebastian spoke on this project. Ray Halloran, 754 S. Fischer Circle, Sebastian spoke of his misconception of this site being a designated wetland. He also spoke of his concern for construction and pre- construction access to this site. Mr. Mosby did not have answers to these questions at this point. He repeated that this information is not required at this conceptual stage and he is not prepared to provide it. Chmn. Mather closed the public hearing at 7:59 pm. Staff summarization was 'to recommend approval. B. MOTION by Smith/Vesia I'll make a motion we accept the site plan review/recommendation to City Council the Comprehensive Plan Amendment, Land Use Map Change- Davis 80 Acre PUD, plus the four (4) conditions in the staff report as amended. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF M, Roll call: VC Vesia - yes Mr. Smith - yes Mr. Barton(a) - yes The vote was 8 - 1, motion carried. C, MOTION by Barrett./Carbano I'll make a recommendation th~ rez°ned from A-1 to PUD-R with ti Roll call: VC Vesia - yes Mr. Smith - yes Mr. Barton(a) - yes The vote was 6 - 1, motion carried. D. MOTION by Smith/Barrett I'll make a motion that we recom~ Development Plan - Davis 80 Ac amended by staff. Roll call: VC Vesia - yes Mr. Smith - yes Mr. Barton(a) - yes The vote was 6 - 1, motion carried. Mr. Mosby noted that Mr. Mahoney stated voted no on all motions and he would like to didn't feel some things have been addressed CHAIRMAN MAq-f'ERS: None MEMBERS MATTERS: ~,RCH 1.5, 2001 Mr. Barrett - yes Mr. Mahoney - no Ms. Carbano - yes Chmn. Mather - yes ,t we recommend to City Council it be ~e four (4) conditions previously stated. Mr. Barrett - yes Mr. Mahoney - no Ms. Carbano - yes Chron. Mather - yes tend to City Council the PUD Conceptual res PUD with the four (4) conditions as Mr. Barrett - yes Mr. Mahoney - no Ms. Carbano - yes Chmn. Mather - yes that he was in favor of this project yet he know why. Mr. Mahoney responded that he pay for them whether they are lighted or not I: noted that the City pays whether they are ligh Ms. Vesia inquired about the canvas awning sitting on U.S.#l, and Tracy Hass noted that the contractor and owner responded thal it will be moved by the end of the week. / Ms. Vesia then inquired about the lights alor~g the bike path along CR-512, whether we ' ,ecause a lot of them are not lighted. It was ted or not. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" jEB BUSH STEVEN M. SEIBERT Governor Secretary 3une 29,2001 The Honorable Walter Barnes Mayor, City of Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 Dear Mayor Barnes: The Department has completed its review of the proposed Comprehensive'Plan __.a Amendment for the City of Sebastian (DCA No. 01-1), which was received on April 20, 200i. Copies c~f the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendment for consistency with Rule 9J-5, Florida Administrative Code (F.A. C.), Chapter 163, Part ri, Florida Statutes (F.S.), and the adopted City Comprehensive Plan. The Department raises no objections to the proposed amendment, and this letter serves as the Department's Objections, Recommendations and Comments Report. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, F.A.C. Upon receipt of this letter, the City of Sebastian has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in Section 163.3184, F.S., and Rule 9J-11.011, F.A.C. The City must ensure that all ordinances adopting ~mprehensive plan amendments are consistent with the provisions of Section 163.3189(2)(a), F.S. Within ten working days of the date of adoption, the City of Sebastian must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; 2555 SHUMARD OAK BOULEVARD .TALLAHASSEE, FLORIDA 32399-2t00 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNrT"Y PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Ovemea* Hlghwey, Suite 212 2555 Shurt~ Oak Bouleve~ 2555 Shurnard Oak Boulev'atd 2555 Shurr~rd Oak BouleVa~ Marathen. FL 33050.2227 Tallat~ssee. FL 32399-2100 Tallehessee. FL 32399~2100 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 488-2356 (850) 413.9969 (850) 488*7956 The Honorable Walter Barnes, Mayor June 29, 2001 Page Two A listing of additional changes not prev A listing of findings by the local gover~ ordinance; and A statement indicating the relationship r Obi ections, Recommendations and Corr. The above amendment and documentati, compliance review, make a compliance deterrni In order to expedite the regional plarmin pursuant to Rule 9J-11.011(5), F.A.C., please to the Michael Busha, AICP, Executive Directo: cil. Please contact Richard W. Post, AICP, t you need additional assistance. Sir Ro RW/rp Enclosures: Review Agency Comments cc: Tracy Hass, Director, Director, Planning Michael Busha, AICP, Executive Directc msly reviewed; ~ing body, if any, which were not included in the ~f the additional changes to the Department's ments Report. )n are required for the Department to conduct a nation and issue the appropriate notice of intent. g council's review of the amendments, and 'ovide a copy of the adopted amendment directly of the Treasure Coast Regional Planning Coun- fanning Manager, or me, at (850) 487-4545 if cerely, ,~er Wilbum nmunity Planning Administrator and Growth Management r, Treasure Coast Regional Planning'Council June 15, 2001 Mr. Charles Gauthier Chief Bureau of Local Planning Department of Community Affairs 2555 Shummard Oak Boulevard Tallahassee, FL 32399-2100 Subject: City of Sebastian Comprehensive Plan Draft Amendments - DCA Reference No. 01-1 Dear Mr. Gauthier: Council has reviewed the above-referenced amendments in accordance with the requirements of Chapter 163, Florida Statutes and Council's adopted plans, policies, and review procedures. Enclosed' is a copy of our report as approved by Council at its regular meeting on June 15, 2001 pursuant to Section 163.3184, Florida Statutes. If you have any questions, please feel free to call me. Sincerely, Planning Director TLH/gg Attachment "Bringing CommuJ~ltles Together" · Est. 19 7{; 301 East Ocean Boulevard - Suite $00 - Stuarl[~ Florida 34994 Phone ($§1) 221-4060 - SC 269-4050 - Fax (561) 221-4067 - E-mall - admin('~terpe,or~ TREASI.YR_E COAST RE( MEM To~ - Council Members From: Sta'ff Date: June 15, 2001 Council Meeti~ Subject: Local Government Comprehe Draft Amendments to the Cit, DCA Reference.No. 01-1 Intr.__.oducti.~o_n ' The Local Government Comprehensive Chapter 163, Florida Statutes, reqm] [IONAL PLANNING COUNCIL RANDUM AGENDA ITEM 8M Lg nsive Plan Review of Sebastian Comprehensive Plan anning and Land Development Regulation Act, 'es that Council review local government their adoption. Under the provisions of this comprehensive plan amendments prior tr law, the Department of Communit~ Affairs (DCA) prepares an Objections, Recommendations, and Comments (OR~2) Report on a proposed amendment only if requested to do so by the local governmegt, the regional planning council, or an affected person, or if an ORC Report is otherwise deemed necessary by the DCA. If the local ORC Report, then Council must provide DCA )ns for 'modification, and comments on the receipt. rare Land Use Map (FLUM) amendment. The : ORC Report. for an 80.0-acre parcel located south and east d Schumann Lake (see attached maps). The government requests DCA to prepare an with its own objections, recommendati, proposed amendment within 30 days of its ~ound The City of Sebastian is proposing one Fu City has requested that the DCA prepare Evaluation Amendment 0-01-09--The amendment is of Fellsmere Road and west of US 1 a_n cun'ent FLU/vi designation is Low-Densit' ? Residential (up to 6 dwelling units per acre), and the proposed designation is Medium )ensity Residential (up to 8 dwelling un/ts per acre). The owner has requested annexatibn and conceptual development plan approval from the City to develop a mix of single [amily and multi-family homes on the 8'0-acre enclave. The property is presently a citrus grove. The sm-rounding existing land uses are residential to the north, south, and west mid a park to the east. The surrounding FLUM designations include Institutional to the e~st and Low Density Residential to the north, south, and west. According to the City, there will not be an adverse impact on the level of service for public facilities. Extra jurisdictional Impacts Analysis of the amendment indicates that it would not have any significant adverse impacts on neighboring jurisdictions. Effects on Significant Regional'Resources or Facilities Analysis of the proposed amendment indicates that it would not have adverse effects on significant regional resources or facilities. Objections, Recommendations for Modification, and Comments Obiections 1. None Comments Th~ Strategic Regional Policy Plan (SRPP) for the Treasure Coast Region encourages the formation of sustainable neighborhoods and communities. The SRPP states that neighborhoods are diverse areas that include several types of housing and some .commercial and workplace uses. Neighborhoods should include a compatible mix of land uses; well-designed and maintained public spaces, buildings and infrastructure; and a network of interconnected streets designed for various transportation modes. Policy 6.1.1.1 and 6.1.1.2 of the SRPP specifically state that new neighborhoods and communities should contain a balanced compatible mix of land uses and should have compact designs with a mix of building types. A well- designed neighborhood minimizes the need to drive cars for routine trips and provides public spaces within, its boundaries. The networking of streets with adjoining residential areas and the provision of public spaces are important in providing for a sustainable community for the future. This undeveloped 80-acre enclave represents a unique opportunity for the City to promote the development of sustainable neighborhoods with a mix of housing types, a neighborhood commercial center, and a network of interconnected streets and sidewalks to allow for various modes of transportation. Council encourages the City to promote authentic neighborhood development on ti-tis 80-acre parcel and any other large undeveloped property within the City to ensure a more sustainable community for the future. Recommen. dation Council should adopt the above corn Department of Community Affairs. Attachment ments and approve their transmittal to the City of Sebastian Future Land Use Map Amendment 0-01-09 'V N. FISCHER DR. UNDER 4 General bo City of S cation Map ebastian M'ic~o Rd L reel<side "~ Lake i ~ T--77th St \ W'tnter BeE ,, o mi 1 0-01-0~ 2 3 4. Apdl 30, 2001 Mr. Charles Gauthier Chief Bureau of Local Planning Departrnent of Community A flairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Subject: City of Sebastian Comprehensive Plan Draft Amendments - DCA Reference No. 01-1 Dear Mr. Oauthier: This is to acknowledge the receipt of materials pertaining to the above-referenced amendments on April 20, 2001'i'~ Staff anticipates presenting its report and recommended comments to Council at the regular meeting of May 18, 2001. Pursuant to Section 163.3184, Florida Statutes, a written report including a recommendation regarding the preparation of an Objections, Recommendations, and Comments Report will be submitted to you by May 29, 2001. If you have any questions, please feel free to call. Sincerely, ,0 James T. Snyder DRI Coordinator JTS/wh ~tBrfngln~ Communi ri es Togethez" · Est. 19 76 301 E a~t Ocean Boulev~r d - Suite 300 Stuart, Florida '14994 Phone (561) 221-4060 - SC 269-4060 = Fax (561) 221-4067 - E-mail - ~ l~lVmlON5 OF FLORIDA DEPARTMENT OF STA Office of the Secretat-y Office of International Relations Division of Election~ Division of Corporations Division of Cultural Affairs Division of Historical Resources Division of Library and Information SerVices Division of Licensing Division of Administrative ~erVices FLORIDA DEl Kath Seca DIVISION OF Hi May 9, 2001 Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Historic Preservation Review of the City of Request Dear Mr. Eubanks: According to th.is agency's responsibilities under ARTMENT OF STATE erine Harris etary of State STORICAL RESOURCES MEMBER OF THE FLORIDA CABINET 5tare Ik~ard of Education Trustees of the [ntomal Improvement Trust Fund Adrainistration Corami~ion Florida l.~nd and Water Adjudicatory Corarai~ion Siting Division of Bond Finance Departraent of Revenue Department of Law Enforcement Department of Highway Safe .W and .Molor Vehicles Department of Veh~rans' Affairs ;ebastian (01-1) Comprehensive Plan Amendment ;ections 163.3177 and 163.3178, Florida Statutes, and Chapter. 9J-5, Florida Admini,trative Code, we regarding historic resources have been given suffi Sebastian Comprehensive Plan. We have reviewed one proposed Future Land Use this action on historic resources. While our curso: no adverse effects on historic resources, it is the c: will not have an adverse effect on significant arch. In sum, it is our opmicm that the amended compre' historic resources need to be carefully considered the State of Florida's requirements as promulgated 9J-5, F.A.C., regarding the identification ofknow~ jurisdiction, and for the estabhshrnent of policies, potentially significant historical resources in Seba: xlf you have any questions regarding our comment.~ Kammerer of the Division's Compliance Review JSM/smh R.A. Gray Building C1 Director's Office (850) 488-1480 · Fa.X: 488-3355 [] Historic Pensacola Preservation Board (850) 595-5985 · Fa.X: 595-5989 · 500 South Bronough Street e O Archaeological Research (850) 487~2299 · FAX: 414-2207 / [] Palm Beach RegionalDffice (561) 279-1475 · FAX: 279-1476 ! h: ve reviewed the above document to decide if data cient consideration in the request to amend the Map amendment to consider the potential effects of -y review suggests that the proposed change may have ty's responsibility to ensure that the proposed revisions ieological or historic resources in Sebastian. aensive plan meets (although known and potential m the planning phases of proposed land use changes) m sections 163.3177 and 163.3178, F.S., and Chapter t historical resources within their specified area of goals and objectives for addressing known and , please feel free to contact Susan M. Harp or Laura xffat (850) 48%2333. T~llahassee, Florida 32399-0250 e http://www.flheritage.c0m ~-a/Historic Preservation CI Historical Museums (850) 487-2333 * FAX: 922-0496 (850) 488-1484 * FAX: 921-2503 D St. Augustine Regional Office O Tampa Regional Offic~ (904) 825-5045 * FAX: 825-5044 (813) 272-3843 * FAX: JEB BUSH GOVERNOR Florida Departmen of Transportation 3400 WEST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33309-3421 TELEPHONE: (954) 777-4593; FAX: (954) 777-4197 DIVISION OF PLANNING AND PRODUCTION Mr. Ray Eubanks, Planning Manager Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 May 25, 2001 THOMA.$ E BAKRY, JR. SECRETARY Dear Mr. Eubanks: SUBJECT: Proposed Comprehensive Plan Amendment ORC Review Local Government: City of Sebastian DCA Amendment # 01-1 The Department has reviewed the proposed comprehensive plan amendment of the City of Sebastian. Enclosed are objections, recommendations and comments regarding the proposed amendment. Thank you for the opportunity to participate in the review process. If you have any comments or questions about this letter, please contact me at (954) 777-4601. Sincerely, Gerry O'Reilly, P.E. Acting Director Planning & Production GO:ts Enclosure cc: B. Romig, FDOT Central Office R. Wilburn, DCA N. Bungo, FDOT 4 L. Hymowitz, FDOT 4 File: 4270.06 www.d or.stat e.fl.us {~ECYCLED PAPER DISTRICT 4, DEPARTI~ OBJECTIONS, RECOM RESPONSIBLE DIVISION/BUREAU: NAME OF LOCAL GOVERNMENT: DATE PLAN RECEIVED FROM LOCAL DATE MEMORANDUM RECEIVED FROlv REQUIXED RETURN DATE FOR CO~ ELEMENT: Ordinance No. Future Land U.~ DCA Amendme: RULE DEFICIX_,NCY: 9J-5.005(2)(a) OBJECTION: The subject amendment County designated land use L-2, Low Density ~iENT OF TRANSPORTATION MENDATIONS & COMMENTS Planning Department ~itY. of Sebastian ~)VERNMENT: 04/26/01 DCA: 04/26/01 q-TS: 05/29/01 -01-09 ~ Element and Map it # 01-01 9J-f019(3)(a) changes an annexed 80-acre enclave from the Residential at 6 units per acre, to the City's land use designation M2DR, Medium Density Residential allowing 8 units per acre. ! The traffic impact analysis does not provide a l~eak-hour, peak-direction analysis of the impacts to the State roadway network. This traffic analysis should be based on the maximum permitted land use proposed in this amendment. RECOMMENDATION: A transportation permitted density and intensity of uses allowab' the impacts of the proposed land use change o~ both the existing and future transportation syst impact analysis should identify the methodolog applications utilized. '~COMMENT: The City should addres.~ integration of adjacent land use and design part provide for alternative modes of transportation REVIBWED BY: Ter~ Scheckwitz, AIC1~ REVIEWED BY: Larry Hymowitz, AICP REVIEWED BY: Gus Schmidt. PE =~ analysis should be prepared based on the maximum e in the IV[DR land use category and should include the peak-hour, peak-direction level of service on :m, including the State Highway System. The traffic used, including the assumptions and modeling strategies that include access management, the ,rns that foster internalization of trips, and that mobility, including pedestrian, transit and bicycle. PHONE: 954-777-4601 PHONE: 954-777-4601 PHONE: 954-777-4601 Telephone: (561) 567-8000 May 10, 2001 Ray Eubanks Bureau of State Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Veto Beach~ Florida $2~60-3565 RE: City of Sebastian Comprehensive Plan Amendment DCA Ref# 01-1 Dear Mr. Eubanks: Please be advised that consistent with applicable provisions of Chapter 163, F.S. and Chapter 9J-5, F.A.C., the Indian River County planning staff reviewed the above referenced City of Sebastian comprehensive plan amendments. Planning staff supports this comprehensive plan amendment which is related to annexation of an enclave area. This annexation is consistent with the county's intergovernmental coordination element's objective 4 and associated policies regarding reduction of enclave properties. Should you have any questions, please call me at (561) 567-8000, ext. 250. Sincerely, S~asan Rohani, AICP Chief, Long-Range Planning Robert M. Keating, AICP Community Development Director John Wachtel, Senior Planner Mark Zans, GIS Planner Tracy Hass, Planning Director City of Sebastian James Snyder, DRI Coordinator Treasure Coast Regional Planning Council u\v\s\eubanksltr Dep ment of Environmental Protection '~'~~ Marjory Star Jeb Bush _1900 Co~r Governor Tallahass'ee , Ii ,I Mr. D. R~,y Eubab&s Dep~rnent of Commuat,ty Affair~ B~eau of Loc~ Plug 2555 Shum~d O~ Boulevard Tall~assec, Flo~ 32399-2100 .Re: proposed Amendmmt," 'to the City. Dear Mr. Eubanks: :The Office of lnte, rgovemrq. ,ental reviewed the above-referenced amen, dmen Florid;/Statutes, and Cbap,tcr 9J-$ !and' 9J,~ Although the City, indicates'that a potable collection system.are available adjacent.to /'md ma,analysis of the reqifired levels'of se population densities, Neither the ~tic/pat systems, nor the available'e~pacRi~s 'in thc analysis required by 9J-5 be perfo ,r~ned in ~ available for both watea' and wast~qvater t~ of recent drought conditions thronghoutiih, It is r~ecommended that the St.JoLms. River' on the availability c~fpotable w,a to aero recommended that a stormwater manage/n, SIRWMD in order to protect Lake.!S.ehuim development. :Our corn, merits and recommendations are.p: .response. Please call me at (850) 4;Jg7-2231 c'c: Eric Lewis, SJRWMD "P~ore printed cma0 Dougf-~ Building ~o'n~eal~ Boulevard FIo~a'3Z3S~J-30001 May 30, 20 0~' ~ Davit B. Scruhs leb~han Comprehensive Plan, DCA 01-1 ~ of th8 Department of Environmental Protection ha~,i t i. mder 1he required provisions of Chapter 163, Part 1, Florida Admh~stmfive Code. rater distribution system and a sanitary sewer ~he,8'~ acres to be refledgnated, ~he reviewer could not trico to be anticipated ~om the proposed increase in, ;fl ~ma~d to be placed on the respective treatment ,e ~stems were apparent It is recommended that the )rder'to demonstrate that suffiment capamties are atment systems. This is especially important in light st;itc. Vater Management District (SJ'R. WMD) be consulted ~modate this proposed amendment. Further, it is mt plan be develop~ iu consultation with the nn ~rom ,surface ~off emanating from the proposed .,~vicled to assist yom- agency in developing the state ffyo~have any questiom aborn this response. Sinc~ly, ~, , Robert W. Halt Office ofimtergovemmental Progrmns Less Process" teo~d ~r. 1 HOJV~F., :Of: pF.M¢ ~1 :iSLAND City of Sebasi Subject: Second reading and public hearing for Ordinance No. O-01-10, rezoning request from A-1 (Agricultural) to PUD-R, with an underlying zoning designation of RM-8 (multi-family) for an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. Exhibits: O-01-10, Application for Rezoning, Conceptual and the DCA Objections, Recommendations, and Commen EXPENDITURE REQUIRED: None AMOUNT Bur None SUMM2 The proposed Davis PUD is located on an 80-ach Subdivision and West of Schumann Lake. The property and approval of the associated conceptual plan is included as part of the submittal package..~ (Agricultural) with an L-2 (Low Density Residentit applicant wishes to re-zone the property PUD-R, (multi-family) and a comprehensive land use desi The conceptual plan outlines a total of 8 blocks co: along the perimeter and multi-family units in the in single-family buffer along the perimeter where ther, constitutes a gross density of 5.35 units/acre and a. area minus 10.9 acres of lake area and 10.8 acres of The Planning and Zoning Commission reviewed accompanying conceptual development plan at Additionally, the Planning and Zoning Commissior a recommendation for approval of said request. reading of Ordinance No. O-01-10 at a public heam RECOMMEND3 Hold second reading and public hearing, and move ian, Florida Agenda No. 01.0 9 9 b Department Origin:. Growth Management Tracy E. Hass/~ ~4~ Date Submitted: July 16, 2001 For Agenda of: August 08, 2001 ?lan, Location Map, Staff Report, P&Z .recommendation, :s (ORC) report. ~GETED: APPROPRIATION REQUIRED: None LRY : enclave situated South of South Moon Under Davis family has requested annexation of the tevelopment plan. The conceptual development ,dditionally, the property is currently zoned A-1 ;1, 6 units per acre) land use designation and the lith an underlying zoning designation of RM-8 ,mation of MDR (medium density residential). ~taining 434 total units with single-family units terior. The purpose for doing so is to provide a : are existing single-family units. The proposed :umulative density of 7.32 units/acre (total land roadways). ~he proposed land use and zoning change and their regular meeting on March 15, 2001. held the required public heating and forwarded ?urthermore, the City Council passed the first tg held on April 11, 2001. ~D ACTION to adopt Ordinance No. O-01-10. ORDINANCE NO. 0-01-10 AN ORDI2~IANCE OF ~ CITY OF SEBASTIAN, FLORII}A, DESIGNATING A_N INITIAL ZONING CLASSI[FiCATiON OF PLANNED UNIT DEVELOPMENT RESII)ENTIAL (PUD-R) FOR ANNEXED LAND WiTH A PRIOR COUNTY ZO1VI~G DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF EIGHTY ($0) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HE.WITH;- PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, Brian Davis has filed a petition for amendment to the Zoning Ordinance; and WM-EKEAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WlTEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and W'It-EREAS, the City Council as made the following findings: 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 health, s~ety and welfare of the City or resources of the City. II. The proposed use will result in an orderl NOW ~I;~I~'ORE, BE 1T ORDAI~ CITY OF SEBASTIAN, INDL4~ RIVER COl Section 1. PROPERTY. The chang~ of this ordinance shall affect the following descrit incorporated area of the City of Sebastian, Indian The West ~ of the Northwest IA of S Indian River County, Florida. Section 2. DISTRICT. The real prop an initial City zoning designation of 3Planned Unit previous County zorfing of Agriculture (A-I). Section 3. ZONING MA~P, The offic the subject property and reflect this designated zo Section 4. CONFLICT. Ail ordinanc, hereby repealed. .Section 5. SEVERAB]~LITY. In the or determine that any part of this Ordinance is im Ordinance shall not be affected and it shall be pre,, Sebastian did not intend to enact such invalid or u assumed that the City Council would have enacte~ invalid or unconstitutional provision, thereby cau.~ effect. m the property values in the area, or the general have an adverse impact on the financial and local development pattern. ,D BY TI:IT~ CITY COUNCI~ OF TI~ J-NTY, FLORIDA, as follows: in zoning classification created by the adoption ed real property, now lying and being within the River County, Florida: ;ction 18, Townskip 31, Range 39 in :rty described in this Ordinance is hereby given Development Residential (PUD-K) from the .al City Zoning Map shall be amended to include aing district. ;s or parts of ordinances in conflict herewith are ~vent a court of competent jurisdiction shall hold did or unconstitutional, the remainder of the umed that the City Council of the City of nconstitutional provisions. It shall further be the remainder of this Ordinance without said ng said remainder to remain in full force and Section 6. 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 concurrent with the effective date of Ordinance 0-0 t-09. The foregoing Ordinance was moved for adoption The motion was Seconded by Councilmember' upon being pm to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Ba~czyk Councilmember Edward I. Majcher, Ir. Councilmember James Hill by Councilrnember and~ The Mayor thereupon 20oi. declared th_is Ordin~ce duly passed and adopted this __ day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Ma/o, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney PROPOSE[ G. The proposed use Will not adversely a health, safety and welfare of.the City resoUrCes of the City. H. The proposed use will result in an ord NOW TKEREFORE, BE IT ORDA] CITY OF SEBASTIAN, INDIAN RIVER C Section 1. PROPERTY. The chin of this ordinance shall affect the following d~ the incorporated area of the City of Sebastian, The West x/2 of the Northwest ~A ol Indian River County, Florida. Section 2. DISTRICT. The real px -an initial City zoning designation of Planned 1[ aecordar~ce with the attached Coneet~tual Deve Agriculture (A-l). Section 3. ZONING MAP. The ol include the subject property and retie, et this de Section 4. CONFLICT. All ordin; hereby repealed. S~etion 5. SEVERABILITY. In tl hold or determine that any part of this Ordinar the Ordinance shall not be affected and it shall Sebastian did not intend to enact such invalid assumed that the City Council would have ens . invalid or unconstitutional provision, thereby effect. AMENDMENT fleet the property values in the area, or the general or have an adverse impact on the financial ~rly and local development pattern. NED BY THE CITY COUNCIL OF THE OUNTY, FLORIDA, as follows: ~ge in zoning classification created by the adoption ..scribed real property, now lying and being within Indian River County, Florida: Section 18, Township 31, Range 39 in )perty described in this Ordinance is hereby given [nit Development Residential (PUD-R) in lo,merit Plan. from the previous County zoning of ficial City Zoning Map shall be amended to ;ignated zoning district. aaces or parts of ordinances in conflict herewith are te event a court of competent jurisdiction shall ce is invalid or unconstitutional, the remainder of be presumed that the City Council of the City of ~r unconstitutional provisions. It shall further be :ted the remainder of this Ordinance without said ausing said remainder to remain in full force and City of SebaStian Development Order Application Permit Application No. .Ap. plic. ant (if not own_er, w.~en authorization (notarized) from owner is required) Name: · RANDY L. MOSBY, P.E. Address: 2455 .14TIE AVENUE VER0 BEACTE, FL 32960 PhoneNun~be~. (561) 569-(~035 FAXNumbe~- (561) 778--361 E-Mail: Owner (If different from applicant). Name: Addr,~;. 9347 141st AVENUE FELLSMERE, FL 32948 PhoneNumbec (561) 473-8246 FAXNumbec (561) 56~-0089 lTyp~_ ol~ permit or action reque_~ted: REZONING PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NE~ES.~U%RY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL I~APS, SURVEYS, 'DRAWINGS, ETC. SHALL BE AT~ACHED AND '81]2' BY 11' COPIES OF ANY ATTACHMENTS SHALL BE INClLUDED. A~-FACH THE APPROPRIATE SUPPLEMETALINFORMATION FORM. A. Project's Name (if applicable): DAVIS 80 ACRE PUD 'B. Site Information Address: '- Unit Subdivision: Lot: W ~ OF TL~E NW ~ OF S18, T31, R39 Indian River County Parcel ~t_ 1 8-31-39'00001 -0000-00000.1 Zoning Classification: County AG Futura Land Use: LS-2 Existing USe:. Vacant Proposed U~' PUD-R C. Description of proposed activity and purpose of the requested permit or acEon (attach extra sheets if necessa~): change county land use to City of Sebastian land use DATE RECEIVED: ~__/ D. Project Personnel: Name: MOSBY & ASSOCiATEs, INC. Addre~ 2455 14TH AVENUE VERO BEACE, FL 32960 Permit Application No. PhoneNumbec(561) 569-0035 FAX Numbe~ .(561 ) 778-=3617 E-Mail: Attorney: Name: . N/A Addre~ Phone Number:. ( ) FI,X Numbe~. ( ) Engineer: Name: MOSBY & ASSOCIATES, INC. AddKes$ 2455 14TIE AVENUE VERO BEACh, FL 32960 PhoneNumbeE(561 ) 569 - 0035 FAX Number (561) 778- 3617 Surveyo .fl. Name:. HAYHURST LAND SURVEYING Address 1122 OLD DIXIW HWY. VERO BE,%CH, FL 32960 PhoneMumber_( 567 569 - 6680 FA) Numbec. (561) 770- 3446 I, BRIAN DAVIS . BEING FIRST DULY SWOI AM THE LEGAl REPRESENTATIVE OF THE OWNER OF THE PROPE~ APPUCATION, AND THAT AU_ THE INFORMATION, MAPS, DATA A ACCURATE.,~D TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE swoR. TO suBsc ,BED B O.E ,_~.W.~O IS PER$ON~.t..LY ~3~3~_TJ~_~_~R PRODUCED As ~DE~rnFIcA~o~. THru . / ~/ DAY OF NOTARY'$ SIGNATURE PRINTED NAA4E OF NOTARY COMMISSION No~/ExP~RATION SEAL: ~N. DEPOSE[ A~ID SAY THAT: X I AU THE OWNER I 'r'Y' DESCRIBED VVHICH Is TH~ SUBJECT MA i '~ ~-R OF" THIS ~JD/OR SK~'CHES PROVIDED IN THIS APPLICATION ARE JOANC, I MY COMMISSION # CC 980216 EXPIRES: Ma~h 5, 2005 Bonded Thru Nota~/P,',b~io Undem~tem IF*om CD-2001 Approved: 08/27/97 PaFe 2 of 3 Development Application F~le Name: Doa 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. I/WE.__X THE OWNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPUCAT1ON. HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THai ~Pu~A[~NTb]G & 2;ON]-NG BOARD/COMMiSSION OF THE CITY OF SEBASTLAN (THE 'BOARD"FCoMM!SSiON") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPlUCATiON. I/WE 'HEREBY. WAIVE ANY OBJECTION OR DEFENSE IJVVE MAY HAVE. DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINC~S, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING'THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR TIlE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEVVING. THIS WAIVER ANn CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A R~SULT OF ANY COERCION APPLIED, OR PROMISES ~ B~ A~=~F~"~'~=~OR OR OFFICIAL OF THE CITY OF SEBASTIAN. SiG~.TURE DA'~E Sworn to arid subscribed before me by who ~ pem~onelly k_nown to~j:Zz~or produced · as identification,Chis i'r~ day of. Printed Name of Notary ~ Commission NoJExpiration (~(J-~ seal: I~;"~w~.;~ MY COMMISSION # CC 980216 [~;.~[~lt~,~_.~ EXPIRES: March 5, 2005 Form Appn:~ved: 08/27/97 , Pa~e 3 of 3 Revision: tDevelopment. Applic..ab'on FEe Name: Doe Supplemental Informat Rezoning Request A~I'rACH ADDITIONAl.. PAGES IF N, x 1. Proposed zoning: PUD-R X X 2. is the proposed mzoning c comprel~ensive plan? If not, whic~ x 3. Is the proposed rezoning in requirements of the city of Sebasti~ ¥1~.$ x What land use and develol~ment date of the compmhenslve pla amendment?, NONE X 6. 5. IS the proposed rezonlng ¢ompat~l city? If not, why not?. YES _ Are them adequate public factfitiE which one(s) are not adequate? I~U. C.( J. I-", ~,/~ Permit Application No. --.. ~ [on =-.Ct~SSARY. ~nsistent with the other elements of the one(s}? YES conformance with applicable substantive in Code of Ordinances? If not, which one(s)? changes have occurred since the effec~ve n which are ~elevant to the proposed e with the ex~sting or futura land uses of the s to serve the proposed land use? If not, f uf2 I Rezo~in~' ,I Permit Applie. ation No. X 7. Would the proposed rezoning result in a significant adverse impact on the natural environment? If so, desc.~be the impact NO X. 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 csty? If so, describe how. NO V ~ 9. Does the proposed razoning result in an orderly development pattern? describe. YES If not x 10. Attach the following: X a. A verified statement showing each and every individual person having a legal anclJor equitable ownership Interest in the property upon which the application for rezonlng is sought except publicly held corporations, in whic~ case the names and addresses of the corporate officers shall be sufficient x b. A list of the names and addresses of ell owners of parcels of reel property within three hundred (300) feet of the parcel to be considered. x _ c. A survey and legal description of the proper(y to be rezoned. J Permit Application Ne. City of Sebastian Development Order Applicat on Applicant (If not owner, written authorization ..(notarized! from owner is required) Name: Randy L. Mosby, P.E. Address: 2455 14th Phone Number: E-Mail: Avenue Vero Beach, FL 32960 569 - 0035 FAXhumber: (561) 778-3617 IType of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSAR' COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTA¢ SHALL BE INCLUDED. A*I-rACH THE APPROPRIATE SUPPLEMETAL iN A. Project's Name (if applicable): Davis 80 ac. PUD-R B. Site Information Address: ~1o~:1~ Unit: Subdivisia n: Lot: W ½ o e NW ¼ of S 18, T31, R39 Indian River County Parcel #: 1 8-31-39-00001 -000 O-00000.0 Zoning Classification: PUD-R Future Land Jse: LS-2 Existing Use: Vacant Proposed Us C. Description of proposed activity and purpose of the necessary): Approval of an 81 ac. concept multi-family use. DATE RECEIVED: IF otto CD-200~ Approved: 08/27/97 Revision: ' FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. HED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS -'ORMATION FORM. Single/Multi- V equested permit or action (attach extra sheets if ual PUD-R ...for single family. & FEE PAID: $ g-~'-- RECEIVE Pave f of 3 opment ApP Address: 8347 141st Avenue Fellsmere, FL 32948 PhoneNumbeF.(561 ) 473 - 0246 FAXhumbe~. ( ) - E-Mail: Conceptual PUD-R Owner (If different from applicant) Name: Mr. Brian Davis Permit Application Nc. D. Project Personnel: Agent: Name: Randy L. Mosby, P.E. Address 2455 14th Avenue Vero Beach, FL 32960 Phone Number:. (561) 569 - 0035 FAX Number.' ( ) E-Mail: Attorney: N/A Name: Address Phone Numben ( ) FAX Numben ( ) E-Mail: Engineer: Name: Mosby & Associates, Inc. Address 2455 14th Avenue Vero Beach, FL 32960 Ph0neNumber: (561) 569 - 0035 FAxNumbe~. ( ) E-Mail: Surveyor: Name: Hayhurst Land Surveying Address 1122 Old Dixie Hwy. Vero Beach, FL 32960 Phone Numbe~. ( 561) 569 . 6600 FAX Numbe~. ( ) - E-Mail: ':' NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: .%~\-E'.~J ~)(~k%/{S , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ISTGN~,"'TURE- ' DATE SWORN TO AND SUBSCRIBED BEFORE ME BY ~J ~ ~>/. _~ t/ ~/~/ WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDI:NT]FIC~ OF _~/~AJ , '~ 7-~ I Ii Form CD-200~ Approved~ PaEe 2 of 3 Development Application Revision: File Name: DoB · ': J Permit Application No. / The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plans, conditional us~_ permits, special use permits, variances, exceptions, anI appeals. I/WE, X THE OWNER(S_ ) THE LEGAL REPRESENTATIVE OF ~lrHE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ~].al"lz'z~z-zq & ZOl'l'inq' BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "BOARD"/"(: AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING i/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MA PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBI CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBS' CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOl. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTA~: PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR CFI :OMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY PPLICATION. HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE :R ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY rANT1VE DUE PROCESS RIGHTS UNDER THE FLORIDA ATED BY SUCH ENTERING OR VIEWING. !fLY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR :ICIAL OF THE CiTY OF SEBASTIAN. ,~iG~i~ATU R E Swom to and subscribed before me by .~whn is~ersonallv known to me. or produced as identification, this '2---~ day of ...,u~--/:~J ..'~ Notary's Signature <~O Pnnted Name of Notary '" Commission No./Expiration .. Seal: lForm CD-200'/ APproved~ 08/27/97 Page 3 of 3 Revision: DATE · 7_.o'¢~ i ' ~ / No. ' DevelOpment Applica~on , ' t File N~e~ Doa Permit Application No. Supplemental Information Planned Unit Development, Conceptual Development Plan (ATTACH ADDITIONAL PAGES IF NECESSARY.) Is the proposed conceptual development plan consistent with the elements of the comprehensive plan? If not, which one(s)?. Yes. X 2. Is the proposed conceptual development plan in conformance with applicable requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Yes. X 3. Would the conceptual development plan result in any incompatible land uses, considering the type and location of the uses involved? If so, describe, t~o. 4. Are there adequate public facilities to serve the proposed development plan? If not, which one(s) are not adequate? Yes. conceptual Form CD-2013 Approved: 8/27/97' ._. Page '1 oi' 3 [ PUD ConceptuaJ Plan Revision: I File Name: Si_~udcdp x X x x 5. Would the proposed conceptual devel impact on the natural environment? 6. Would the proposed conceptual devel values of the area, the general he~ financial resources of the city? If so, 7. Does the proposed conceptual development pattern? If not, describe 8. Is the proposed conceptual developm( interest? If so, describe: No. Eom · Approved: 8/27/97 J Page 2 J Revision: Permit Application No. ~pment plan result in a significant adverse If so, describe the impact. No ~pment plan adversely affect the property .Ith, safety and welfare and impact the describe how. No. development plan result in an orderly Yes. ,nt plan in conflict with the public PUD Conceptual Plan r3 J File Name: ,SipudccIp Permit Application No. X 9. Attach the following: × a. 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. × b. A vicinity map. A map(s) of existing conditions including existing easements, street, buildings, land uses, historical site, tree groupings, wetlands, water courses, contours, the names of the property owners and existing land uses and zoning for all contiguous property, and the location and width of all existing or platted streets, easements, drainage ways and utilities contiguous to the property. × d. A .development plan including land use, circulation, concept(Jal drainage plan, densities, and non-residential square footage. ~ e. A statement of planning objectives. × f. A proposed development schedule. × g. An environmental impact statement × h. A aublic facility impact statement. P~/e 3 of 3 [ PUD Conceptual Plan Revision: I File Name: Sipudcdp IForm CD-20~3 Approved: 8/27/97 Growth Managem, Rezoning APplicati Project Name: Requested Action: Project Location a. b. C, Davis 80 Acre Pt Rezoning from A. Address: Legal: See Survey Indian River County Parcel Nu Project Owner: Brian Davis 9347 141't AvenL Fellsmere, Florid; 561-473-0246 Project Agent: Randy L. Mosby, 2455 14~h Avenue Vero Beach, Flor 561-569-0035 Project Engineer: Same as above Project Surveyor: Hayhurst Land $~ 1122 Old Dixie H Vero Beach, Flor (561) 567-4355 Project Description Narrative.of proposed action: 80-acre enclave situated south of Schumann Lake. The Da~ property and approval of the ac Additionally, the property is cur (Low Density Residential, 6 uni applicant wishes to re-zone the designation of RM-8 (multi-f~ designation of MDR, The cot containing 434 total units with 1 . nt Department on - Staff Report JD-R. .1 to PUD-R mber: 18-31-39-0000-1000-00003.0 18-31-39-0000-1000-00003.1 e 32948 da 32960 fax: 561-778-3617 jrveying ghway da 32960 The proposed Davis PUD is now an ,f South Moon Under Subdivision and West ' ~ family has requested annexation of the :ompanying conceptual development plan. 'ently zoned A-1 (Agricultural) with an L-2 Is per acre) land use designation and the property PUD-R, with an underlying zoning ~mily) and a comprehensive land use ~ceptual plan outlines a total of 8 blocks ;ingle-family units along the perimeter with = North: East: South: West: multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single- family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). A-1 (County) Curr~nt Land Usc, South Moon Under Schumann Lake Sebastian Highlands Sebastian Highlands Current Zoning: Adjacent Properties RS-20 PS RS-10 RS-10 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: Future k~nd LI~. LD INS LD LD 81.0 acres Citrus Goves Immokalee, Pomello, Myakka Citrus Trees Zone A, Zone X Indian River County Utilities Indian River County Utilities Schumann Park - adjacent Sebastian Police 3 miles County Fire - 3 miles Comprehensive Plan Consistency a, Future Land Use: L-2 (County) b. Level of Service 2 10. 11. 12. 13. 14, (2) (3) (4) (5) (6) (7) Conformance Traffic: The proposed units x 10.1). There will roadway network. The as an extension of Baile Street extension with extension to Kildare Driv, Potable Water: Applic~ utilities, as they are curr positive impact by reducir Wastewater: Applicant utilities, as they are curr, positive impact by reducir Stormwater: The level development; therefore, proposed rezoning. Recreation: The prop( acres of park space o minimum standards as The preliminary developr proper compliance with th Solid Waste: There will as the property is currentl' Other: with Code of Ordinance Changed Conditions: Land Use Compatibility: The adjacE designated LD (Low Density Residentia INS (Institutional) and the area to the Nc Residential). The proposed PUD has in( Medium Density interior so as to rem surrounding land use designations. There will be a negligible impact caused the similarity of the existing uses in the Adequate Public Facilities: Provided incorporated in the development of the tracts are also incorporated in the propos Natural Environment: The propose( 3 will create an ADT of 4,383 Trips (434 be an increased demand on the existing ~lan incorporates a primary access point y Drive and a secondary as the Fleming yet another secondary access as an mt will be required to connect to county ~ntly available. Therefore, this creates a ~g the number of potable wells. will be required to connect to county ;ntly available. Therefore, this creates a .g the number of septic systems. of service standard is the same for all no greater impact is expected by the ,sed PUD will be required to contain 2 ' open recreation areas to satisfy the ~stablished by the comprehensive plan. lent plan will be required to demonstrate is regulation. be an increased demand on solid waste used as a citrus grove. The proposed rezoning is consistent with the Code of Ordinances. mt properties to the South and West are ) and the area to the East is designated rth is designated LD (RS-20, Low Density orporated a Low Density perimeter with a ain consistent and compatible with the by the proposed land use change due to .rea. ~ublic utilities (water, wastewater) will be proposed PUD and on-site stormwater PUD will be required to contain 2 acres 15. 16. 17. 18. 19. 20. of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. Economic Effect: provided - The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 80 acres of land area and a maximum of 434 residential units, which in turn creates an expanded tax base for the City of Sebastian. 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 residential property and availability of sufficient public facilities and access. Public Interest: The proposed rezoning 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. Annexation of the parcel will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of enclave parcels. The proposed land use change will create a greater impact on the water, wastewater, drainage and solid waste facilities. The Planning and Zoning Commission reviewed the proposed annexation and accompanying land use and zoning change at their regular meeting on March 15, 2001. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. Analysis: The proposed Davis PUD is now an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the accompanying conceptual development plan. Additionally, the property is currently zoned A~I (Agricultural) with an L-2 land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning designation of RM-8 (multi-family). The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter with multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single-family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). Conclusion: The requested rezoning from A-1 (County) to PUD-R is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 4 21. Recommendation: Staff and th, recommend the City Council approv~ following conditions: The proposed PUD will be re( open recreation areas to satisf the comprehensive plan. demonstrate proper complianc~ The land use change shall b approval by the City Council. The property owner shall dedi, during platting phase. The existing mobile home or construction if annexation of th, 5 Planning and Zoning Commission the requested land use change with the Jired to contain 2 acres of park space or 'the minimum standards as established by 'he preliminary development plan shall with this regulation. e conditioned upon receipt of annexation :ate Fleming Street extension right-of-way the property shall be removed prior to property is granted by the City Council. DATE HOht~ OF PF.L~CA~ ISLAND Growth Management Department Conceptual Development Plan Planned Unit Development Approval Application Staff Report Project Name: Davis 80 Acre PUD-R Requested Action: Conceptual Development Plan Approval. Project Location a= Address: Legal: See development plan Indian River County Parcel Number: Project Owner: Project Agent: Project Engineer: Project Surveyor: Project Description 18-31-39-0000-1000-00003.0 18-31-39-0000~ 1000-00003.1 Brian Davis 9347 141StAvenue Fellsmere, Florida 32948 561-473-0246 Randy L. Mosby, P.E. 2455 14thAvenue Vero Beach, Florida 32960 561-569-0035 fax:561-778-3617 Same as Agent Hayhurst Land Surveying 1122 Old Dixie Highway Vero Beach, Florida 32960 (561) 567-4355 Narrative of proposed action: The proposed Davis PuD is now an 80- acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-2 land use designation and the applicant wishes to re-zone the property PUD- R, with an underlying zoning conceptual plan outlines a total single-family units along the per The purpose for doing so is tc perimeter where there are exi~ constitutes a gross density of 5. 7.32 units/acre (total land area acres of roadways), b. Current Zoning: A-1 (Coun c, Adjacent Properties Zoninq Current North: RS-20 South East: PS Schumam South: RS-10 Sebastian West: RS-10 Sebastian Jesignation of RM-8 (multi-family). The 3f 8 blocks containing 434 total units with -neter with multi-family units in the interior. provide a single-family buffer along the ;ting single-family units. The proposed 35 units/acre and a cumulative density of minus 10.9 acres of lake area and 10.8 by Agricultural) and Use Future Land Use )n Under RS-20 ~ Lake INS Highlands LD Highlands LD 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: Conceptual Development Plan criteria 81.0 Acres Citrus Grove Immokalee, Pomello, Myakka Citrus Trees Zone A, Zone X Indian River County Utilities Indian River County Utilities Schumann Park- adjacent Sebastian Police 3 miles County Fire - 3 miles Evidence of unified control of the associated agreements rec Ownership Requirements, ye Compliance with comprehensi, (1) Future Land Use: 2 3e proposed planned development and uired, yes 'e plan. Consistent (2) Traffic Circulation: Consistent (3) Housing: Consistent (4) Public Facilities: Consistent (5) Coastal Management: Consistent (6) Conservation: Consistent (7) Recreation and Open Space: Consistent Compliance with applicable ordinances. Consistent Land use compatibility. The adjacent properties to the South and West are designated LD (Low Density Residential) and the area to the East is designated INS (Institutional) and the area to the NoAh is designated LD (RS-20, Low Density Residential). The proposed PUD has incorporated a Low Density perimeter with a Medium Density interior so as to remain consistent and compatible with the surrounding land use designations. Adequate public facilities. Provided - public utilities (water, wastewater) will be incorporated in the development of the proposed PUD and on*site stormwater tracts are also incorporated in the proposal. Natural environment. The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. Economic effects, provided - The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 80 acres of land area and a maximum of 434 residential units, which in turn creates an expanded tax base for the City of Sebastian. Orderly development, provided Public interest, provided - Both the City of Sebastian and Indian River County Comprehensive Plans outline the necessity to incorporate and/or annex enclave parcels within incorporated cities. The property in question currently is not within the incorporated City of Sebastian proper, but is surrounded an all sides by incorporated properties. The current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single family development will be consistent with the future goals and objectives of both the City of Sebastian and Indian River County Other matters, none 3 10. Contents of Conceptual Developmer~t a. Vicinity map: provided b. Property boundaries: p~ c. existing conditions: provided d, Development plan, p~ (1) land use: provided (2) (3) Plan: Circulation: provided been incorporated withir been proposed; the prin Drive across the North access will be an exter owned). Eventually, b Fleming Street from Coil in the path of the development will be reqL 'ovided 'ovided - the conceptual roadway design plan has ~ the plan. Two major access points have ~ary access will be the extension of Bailey end of Schumann Lake. The secondary sion of Kildare Drive across Tract T (City 3th the County and City plan to extend er Creek to US 1. The property lies directly proposed extension and therefore the ired to incorporate the proposed extension. You will not that the proposed extension has been incorporated as a third access point to the property. / Conceptual drainage plan: provided (4) Densities: provided (5) Nonresidential square e. Written material: (1) Planning objectives: pr to create a Planned Uni single-family developme center core of the project perimeters. The proposed Davis PUE planning practices for inc City. Additionally, the p objectives for the City an~ parcels. Furthermore, ti' sanitary sewer as well Fleming Street extension. (2) Development schedule: construction January 200 4 ootage: N/A ~vided - The intent of the project owner is Development containing multi-family and lt. Multi-family will be provided in the with transitional single-family at the project has demonstrated compliance with proper 3rporating a housing mix needed within the 'oposed is consistent with future planning County concerning annexation of enclave development will have public water and ~s provisions for incorporating the future provided anticipated to begin with completion by January 2004. (3) (4) Environmental impact statement: The existing site has historically been used as a grove. No wetland bodies exist on the property. There is an old grove ditch that transverses the center of the property. Lakes are to be utilized for stormwater retention. These lakes will be interconnected and protected against direct discharge of surface runoff by utilizing natural drainage concepts. These stormwater managerial practices will have a beneficial impact on the water resources in the area; including the opportunity for recharge. Landscape buffers will be established to provide both noise and sight buffers. Whenever possible, existing trees within the project will be maintained. The proposed drainage system will consist of a network of lakes, swales and pipes. Best management practices include grasses swales, berms around lakes and establishment of stabilization planning. Public facilities impact statement: Davis PUD will connect to both public water and sanitary sewer facilities with service provided by Indian River County. (a) Quantity of wastewater generated; Wastewater generated will be at 250 G.P.D. per unit (434) 108,500 G.P.D. (b) Description of proposed recreational facilities; Recreation areas will be established around the perimeter of the lakes. (c) Quantity of potable water required; Potable water will be 250 G.P.D. per unit (434) 108,500 G.P.D. (d) Estimated number of school age children expected within the devel°pment; Maximum 2 children per household = 868 children (e) Estimated property tax and/or sales tax revenue generated by the project by phase; and provided $2,500 per unit x 434 units = $1,085,000.00 (f) Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable, provided - The Davis PUD will connect to both public water and sanitary sewer facilities with service provided by indian River County. 5 11. 12. 13, 14. 15. Additional information: following information: applicants engineer provided the A detailed traffic study will be pr development of the project. All this time. One positive impact centralization of multi-family der developed in such a fashion tha to have such a development witt Open space and landscaped areas contain 2 acres of park space or ope~ standards as established by the development plan shall demonstrate prc City Engineer's review: Other Matters: The Planning and Zc conceptual development plan and acc( their regular meeting on March 15, 20~ Commission held the required public for approval of said request. Analysis: The proposed Davis PUl of South Moon Under Subdivision and has requested annexation of the pre conceptual development plan. Additio (Agricultural) with an L-2 land use desic~ the property PUD-R, with an underlying The conceptual plan outlines a total c single-family units along the perimeter purpose for doing so is to provide a sin, there are existing single-family units. T' 5.35 units/acre and a cumulative densil i 0.9 acres of lake area and 10.8 acres c .Conclusion: The proposed PUD is, Land Development Code and Code of O 6 ovided during the Preliminary Phase of the required roadway impacts will be made at hat the proposed project will provide is the ;Iopment within the City. The project will be [ the City leaders and citizens will be proud ~in their City. : The proposed PUD will be required to ~ recreation areas to satisfy the minimum :omprehensive plan. The preliminary per compliance with this regulation. ning Commission reviewed the proposed ~mpanying land use and zoning change at )1. Additionally, the Planning and Zoning ~earing and forwarded a recommendation ) is now an 80-acre enclave situated south Vest of Schumann Lake. The Davis family )erty and approval of the accompanying qally, the property is currently zoned A-1 nation and the applicant wishes to re-zone zoning designation of RM-8. (multi-family). 8 blocks containing 434 total units with ¢ith multi-family units in the interior. The ;lie-family buffer along the perimeter where ~e proposed constitutes a groSs density of y of 7.32 units/acre (total land area minus f roadways). :onsistent with the Comprehensive Plan, rdinances. 16, Recommendation: Staff and the Planning and Zoning Commission recommend approval of the Conceptual Development Plan for the Davis PUD with the following conditions: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan shall demonstrate proper compliance with this regulation. The land use change shall be conditioned upon receipt of annexation approval by the City Council. The property, lies directly in the path of the proposed Fleming Street extension and therefore the preliminary development plan shall incorporate the proposed extension. 4. The existing mobile home on the property shall be removed prior to construction if annexation of the property is granted by the City Council. DAT'~ , PLANNING AND ZONING COMMISSIO'N MINUTES OF REGULAR MEETING OF MARC Randy Mosby, representing Rick Wisher, gave questions. Tracy Hass gave staff presentation noting th; require eight (8) parking spaces at this site. He for this site. Chmn. Mather opened and closed the public hE input. In summary, staff recommended approval. · MOTION by Vesia/Barrett I make a motion that we approve the Street, Sebastian. Roll call: VC Vesia - yes Mr. Smith - yes Mr. Barton(a) - yes Chmn. Mather - yes The vote was 7 - 0. Motion carried. B. Public Hearing - Recommendati Plan Amendment- Land Use Mai (County) to MDR- Medium Density R, Randy Mosby, Mosby & Associates, was pre: already been sworn in. He gave a presentatic the City of Sebastian. He noted that this site tonight. He also commented that if City Coun City, all issues before the P & Z Commission to~ Randy proceeded to explain the conceptual pi that none of the details are defined in the conce Tracy Hass gave Staff presentation noting that designation are the issues before this Commi. annexation study is about to be done for the County is in favor of all of its enclaves being an possible extension of Fleming Street, and wetla Staff recommended approval with the two cc condition as follows: 3. The properly owner shall dedicate during platting phase. H 15, 2001 a presentation and offered to answer any it the APA standards for parking would also addressed the landscaping required ~aring at 7:12 pm, as there was no public site plan for Wisner Controls at Main Mr, Barrett - yes Mr, Mahoney - yes Ms. Carbano - yes on to City Council - Comprehensive Change - Davis 80 Acre PUD-L-2 .~sidentiai ;ent representing the applicant and has n mentioning annexation of this site into covers items B, C, & D on the Agenda :il does not annex this property into the light become null and void. an which establishes density. He noted ptual plan. he conceptual plan, land use and zoning ;sion tonight. He also indicated that an City of Sebastian, and at this time, the lexed into the City. He also spoke of the Ids that are on the site. nditions in the staff report plus a third Fleming Street extension right-of-way PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15, 2001 On a procedural note, Chmn. Mather commented that Items B., C., and D., were all discussed together, and Atty. Stringer indicated that each item should be voted upon separately. Mr. Barrett requested that a fourth condition be added, - name y that the existing mobile home on that property be removed prior to construction if it is accepted for annexation. Randy Mosby agreed that all existing structures would be removed prior to construction. There was some discussion on lot size. Mr. Mah°ney commented that this project is a great project, but sees a problem with access to the site. Mr. Mosby responded that he can design around this, but has no details yet. Atty. Stringer noted that these details have not been addressed as yet, but felt it can be worked out. Tracy Hass also addressed this issue and assured Mr. Mahoney that residents will be notified, and this issue will be worked out. Mr. Mosby again noted that at this point, the conceptual plan is all that is at issue. Details of the design will come later and be presented for approval or disapproval. Mr. Mahoney again commented that this is a good plan, but was dissatisfied that some detailed questions could not be answered. Chmn. Mather opened the public hearing at 7:50 pm. Tut Connelly of Kildare Dr. in Sebastian spoke on this project. Ray Halloran, 754 S. Fischer Circle, Sebastian spoke of his misconception of this site being a designated wetland. He also spoke of his concern for construction and pre- construction access to this site. Mr. Mosby did not have answers to these questions at this point. He repeated that this information is not required at this conceptual stage and he is not prepared to provide it. Chmn. Mather closed the public hearing at 7:59 pm. Staff summarization was to recommend approval. B. MOTION by SmithNesia I'll make a motion we accept the site plan review/recommendation to City Council the Comprehensive Plan Amendment, Land Use Map Change- Davis 80 Acre PUD, plus the four (4) conditions in the staff report as amended. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 1 Roll call: VC Vesia - yes Mr. Smith - yes Mr. Barton(a) - yes The vote was 6 - 1, motion carried. C. MOTION by Barrett/Carbano I'll make a recommendation that we rezoned from A-1 to PUD-R with the four Roll call: VC Vesia - yes Mr. Smith - yes Mr. Barton(a) - yes The vote was 6 - 1, motion carried. D. MOTION by Smith/Barrett I'll make a motion that we recommend t Development Plan - Davis 80 Acres PI amended by staff. Roll call:- VC Vesia - yes Mr. Smith - yes Mr. Barton(a) - yes The vote was 6 - 1, motion carried. Mr. Mosby noted that Mr. Mahoney stated that voted no on all motions and he would like to know didn't feel some things have been addressed~ CHAIRMAN MATTERS: MEMBERS MATTERS: None Ms. Vesia inquired about the canvas awning sitti: that the contractor and owner responded that it will Ms. Vesia then inquired about the lights along the pay for them whether they are lighted or not becau noted that the City pays whether they are lighted 5,2001 Mr. Barrett - yes Mr. 'Mahoney - no Ms. Carbano - yes Chmn. Mather - yes · ecommend to City Council it be (4) conditions previously stated. Mr. Barrett - yes Mr. Mahoney - no Ms. Carbano - yes Chron. Mather - yes City Council the PUD Conceptual JD with the four (4) conditions as Mr. Barrett - yes Mr. Mahoney - no Ms. Carbano - yes Chmn. Mather - yes e was in favor of this project yet he ~vhy. Mr. Mahoney responded that he ~g on U.S.#1, and Tracy Hass noted be moved by the end of the week. bike path along CR-512, whether we ~e a lot of them are not lighted. It was not. City of SE bastian Subject: Planning and Zoning Commission ~.genda No. Board Vacancy ~)epartment Origin: City Clerk Approved for Submitted by: City Manager ~)ate Submitted: 7/26/2001 For Agenda of: 8/8/2001 Exhibits: Application, board member list, advertisem,.~nt Expenditure Required: Amount Btrdgeted: Appropriation Required: SUMMARY SI'ATEMENT The Planning and Zoning Commission has an alternate member position available due to the recent resignation of William Verge. This was advertised as required and no new applications were received. The application of Lisanne Monier has been on file since the last opening and she is interested in filling this vacancy. RECOMMEND --D ACTION Interview applicant, unless waived, and appoin': to the following position: 1. Alternate member position of William Verge - Unexpired term to expire 1/1/2002 APPL!.CATION TO SER~ ONICiTY__ BOARD/COMM1Y93g~, , HOME ADDRESS: I11 ~usmss P~o~ 5'%1-.~3t¢ ~usmms..r~ .. ~.~: ~ .... ..¢......... · BO ...... ~ so~:o~'co~~ ~0 ~ ~~ ms~e m.o~ oF P~~~~T'~OI~B~6¢I: ':' :' "-"','.:'.'.:',"'' ..',.',' :~..'-:.' ,,:".,,'" ........ '..' BO~,.n=~~ -..'~;'- ':"':":' ' ,, ". . . ." ~~~ co~ (~ ~ S m~ ~ 7 ~). _____CONSTKUCTION BOARD HANDICAPP].~D SELF-EVALUATION CO1 I ........... PLANNING AND ZONINO COMMISSION POLICE P,&q'IKEM1D~ BOARD OF TRUS' RECREATIONAL ADVISOKY BOARD TREE ADVISORY BOARD ..... OT~IER TEMPO~Y COMMITTEE .TE IN COMM[TTEE NAMB) APPLICM~LE EDUCATION, AlilD/OR ,EXPERIENCE: (amch scpar~ rcsoinc if-cccssar~) wo~ YOu cONsm~ s~ 0~, A S~ .0~.~ ~ O~<S).~C~ ~ ~ / .'.' ~' . ..... , . '~ .. ..' '~:., . \wp~form~pp~i~.wpd r~v. 415/99 The Old Opera BOllSe Gallery Phmae 561-551-2626 May 29, 2001 APPLICATION TO SERVE ON CITY BOARD Dear Planning and Zoning Board Members, The city of Se~stian is coming of age with the potential Change is inevtiable and is already rapidly moving into the, our city and riveffront district, yet maint~ixl tile integrity of: viable economic base. Eq~ally imporamt is to tmite the dl/~ one common goal. The planning and zonong board has the city. As an artist ! can enhance that knowledge with a~sthe~ the other small businesses in the community. Sebastian i~ ~ environmental beauty and it's historical landmarks. I belie~ a~sthetics, and preservation that will allow Sebastian to b~ ~ 1125 US Hwy. 1 Sebastian, Florida 32958 ~or architectural growth and economic development. :ommunity. It is impomtive to strengthen the vision of ,mall town charm, and further create a healthy and ems, business owners, developers, and goverament m ~xportise in the technical aspects of developing our ic perspectives, and as business owner be a voice for ~y home, and I have become very protective of it's it will be the challenge of balancing growth, : wonderful place we all discovered both in the past PLANNING & ZONING COMMISSION 3 YEAR TERMS MEETS 1STAND 3RD THURSDAY OF EACH MONTH -'7:00 P.M. MEMBER NAME AND ADDRESS Kelly Mather 733 North FiScher cirCle Sebastian, FL 32958 589-6287 APPOINTMENT HISTORY Appointed to Regular Member Position Vacated by Scott Mathis: 1/12/2000 Term t° Expire: 11/1/2001 is in 2nd Regular Member Year Jean (Brantmeyer) Vescia 1742 Starfish Lane Sebastian, FL 32958 589-3516 Charles C. Barrett, Jr. 357 Tunison Lane Sebastian, FL 32958 .589-7755 William Mahoney 207 Delaware Avenue Sebastian, FL 32958 58@-8524 Richard S. Smith 787 Carnation Drive Sebastian, FL 32958 388-6142 Jean F. Carbano 433 Betty Avenue Sebastian, FL 32958 581-1397 H 567-9154 W Appointed to Unexp, Alternate Position Vacated by Schulke Term to Expire: 1/96 Appointed to Unexp. Regular Member Position Vacated by GoldsteJn: 11/95 Term to Expire: 4/96 Reappointed to Regular Member Position: 5/96 Term to Expire: 4199 Reappointed to Regular Member Position: 4/14/99 Term to Expire: 4/2002 Is in 2~ Full Term and ~ Regular Member year Appointed Unexpired Regular Member Position Vacated by Fischer:. 1/27/99 Term to Expire: 5/1999 Reappointed to Regular Member Position: 4/24/99 Term to Expire: 5/2002 let Full Term. 3rd Regular Member Year Appointed to Alternate Member' Position Vacated by Shidey Kilkelly: 11/18/98 Term to Expire; 11/1/2001 Appointed to Regular Member Position Vacated by Pliska: 1/12/2000 Term to Expire: 2/1'~2002 Js in 2~ Regular Member Year Appointed to Altemate Member Position Vacated By . MahoneY: 2/23/2000 Term to Expire: 11/1/2001 Appointed to Regular Member PoSition Vacated By Gerhotd: 7/26/2000 Term to Expire: 6/1/2003 Is in 1st Regular Member Year Appointed to Alternate Member Position Vacated by EveJy: 2/23/2000 Term to Expire:l/I/2002 Appointed Regular Member Position Vacated by Schulke: 12/21/2000 - Term to Expire:6/2001 Reappointed Regular Member: 6/13/2001 Term to Expire: 61112004 Is in 1st Regular Member Year ' 87 Gene A, Rauth 732 Cleveland St. B-15 Sebastian, FL 32958 388.9403 H Emil Svatik, Jr, - Alternate 350 Water=rest Street Sebastian, FL 32958 388~5453 William Verge - Alternate 688 Collier Lake Circle Sebastian, FL 32.958 388-0170 Staff Liaison - Growth Management Director Board Secretary - Dorfi Bosworth. Carb~ O'Dor Term Vacat~ ?erm l Appoir Memb~ Term t r~ted to Alternate Member Position Vacated by no: 111OJ2001 Term te Expire: 1/1/2002 ~ted Regular Member Position Vacated by nell: 5/9,'2001 !o Expire: 11/2002 I Regular Member Yesr ~ted to Unexpired Alt~-rnate Member Position ;d by Clarence Barton: 5/23/2001 o Expire; 11/1/2001 ted Unexpired Alternate :r Position Vacated by Rauth: 5/9/2001 Expire: 1/'1/2002 88, HOA~ OF PEUCAN ISLAND JULY 16,2001 PRESS RELEASE PLANNING A.ND ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS T° FILL AN ALTERNATE MEMBER POSITION, WITH AN UNEXPIRED TERM, ON THE PLANNING AND ZONING COMMISSION. QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN THIS BOARD MEETS ON THE FIRST AND ~ THURSDAY OF EACH MONTH AT 7:00 P.M. IN THE COUNCIL CHAMBERS., 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN ~ 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, JULY 25, 2001.