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HomeMy WebLinkAbout02212001Specialna 0 SEBMTIAPI a 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 Growth Management Director, Tracy Hass 5. OTHER MATTERS HOME OF PELICAN ISLAND MINUTES SPECIAL MEETING SEBASTIAN CITY COUNCIL WEDNESDAY, FEBRUARY 21, 2001 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Barnes called the Special Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Mayor Barnes requested that item 5A ZCS Senior Housing Partners be moved up on the agenda and there was no objection. 01.044 A. ZCS Senior Housing Partners, LLC Re: Possible Development of Senior Housing Facility Staff provided a proposed rental schedule, and Cliff Singleton, ZCS Senior Housing Partners, LLC, Melbourne, Florida, distributed a proposed conceptual site plan for the Sebastian River Senior Apartments. (See submittals attached) He then went on to present his request for City Council support to proceed. The Growth Management Director addressed the issue of the local government contribution by citing a savings of $300,600 by reducing the parking requirement by 167 spaces, which meets the local government contribution. Mr. Singleton responded to City Council concerns relative to possible impacts of the parking reduction and buffering. He stated he was willing to spend the $1000 fee required to file the application to have the opportunity just to come back and work with Council to put it pecial City Council Meeting ebruary 21, 2001 age Two 4. PUBLIC HEARINGS CONTINUED FROM FEBRUARY 14, 2001 REGULAR MEETING 01.032A A. Ordinance No. 0 -01 -03 Land Use Chance CNK, Inc. (Growth Management Transmittal 1/30/01, 0- 01 -03, Application, Map, Staff Report, P Z Recommendation) TAPE I SIDE 11(7:47 p.m.) altogether in a way that is beneficial to the community and that there is no binding commitment at this time. He said he has 60 to 90 days to put it together, the project is contingent upon other approvals, and that there is no commitment except for all parties involved to see if this project can happen. He said has until June 10, 2001 to submit to the state; and won't know if he has state approval until October 1, 2001. The City Attorney advised that City Council could by consensus authorize staff to pursue investigating this and working with staff to come back with a proposal. Mayor Barnes reiterated "All those in favor of pursuing this on a non binding format please say aye." Voice vote carried 5- 0. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN FOR LOT 17, SECTION 30, AA BERRY SUBDIVISION CONSISTING OF 5.14 ACRES, MORE OR LESS, TO IN (INDUSTRIAL) FROM INS (INSTITUTIONAL); AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. The City Attorney advised that although small scale land use is not considered quasi-judicial, and that there are no specific rules of procedure for small scale land use, there should be a motion to suspend the rules to allow for applicant presentation following staff presentation. MOTION by Barczyk/Hill "I'll move to recommend that we, after the staff presentation, the applicant representative presentation be approved and suspend the rules as previously quoted." ROLL CALL: MOTION CARRIED 5 -0 Mr. Bishop aye Mr. Barczyk aye Mr. Majcher aye Mr. Hill aye Mayor Barnes aye The City Attorney read Ordinance No. 0 -01 -03 by title. The Growth Management Director presented the C.N. Kirrie application for the proposed small scale land use plan amendment for the former Knights of Columbus on Gibson, a 5.14 acre site, from INS (Institutional) to IN (Industrial), citing the compatibility of the Industrial land use designation based on uses of adjacent properties to the northeast (County transfer station) and east (industrial park). The "Growth Management Department Comprehensive Plan Amendment Application Staff Report" is attached to these minutes. The Growth Management Director responded to questions from City Council relative to wetlands on the property, buffering on the three sides that abut residential which requires 100% opaque buffer for a minimum of ten feet; and also requires review from Department of Environmental Protection, and St. Johns if the facility were to be expanded into any low wetland areas. 2 O pecial City Council Meeting ebruary 21, 2001 age Three TAPE ll SIDE I (8:34 p.m.) Warren Dill, Attorney -at -Law, representing applicant C.N.K. Inc. and Christopher Kirrie, gave a brief background on his twenty six years of expertise in land use and planning law. He submitted four sets of documents for the record, including: (1) Mr. Dill's resume, (2) miscellaneous documents, (3) photos of the former Knights of Columbus building; and (4) photos of other industrial properties adjacent to the subject site. (All exhibits presented at these hearings are on file in the Office of the City Clerk with corresponding numbers as assigned in these minutes) Mr. Dill was sworn in by the City Attorney; stated that abutting residents chose to move into an industrial area; and noted that Mr. Kirrie has been using another property around the corner from the subject site for industrial use including styrofoam for years and has had no problem since that time. He then proceeded to give a brief history on this property going back to its annexation and prior rezoning from County Rose -4 to Public Service, which he said was an inappropriate classification for a private property; expressed the need for more industrial land in the City of Sebastian and described photos of adjacent properties and various other documents he had submitted into the record. He cited a letter and petition language in the packet apparently prepared by abutting property owners, Susan and Blake Smith, both of which object to the use. Mr. Dill briefly described the ongoing Kirrie application for land use change and rezoning for a 15 acre site; discussed the proposed use as a styrofoam processing plant, found to be compatible by City staff; submitted an Indian River County computer printout of commercial businesses with 44 Roseland businesses highlighted (5). Christopher W. Kirrie, applicant, briefly discussed the wide use of polystyrene, a petroleum by- product; described the process of expanding the material by a heat source which is then poured into a mold, and used for such products as helmets, coolers, buoys, etc. He distributed samples of the product produced by the company during the meeting and took a bite of the product to exhibit that it is not toxic. (There is a sample of the product in the City Clerk's Office) Mayor Barnes called recess at 8:49 p.m. and reconvened the meeting at 8:57 p.m. All City Council members were present. Randy Mosby, Mosby and Associates, consulting engineer, stated he had acted as consultant to Mr. Kirrie for 15 years for his existing manufacturing facility in the Rose -4 district, and represented the Knights of Columbus when the site was rezoned to Public Service. He stated that this is a wetlands site and would require modified St. Johns' permits if any alterations to the site were to take place; said there are no signs of gopher tortoise on site; discussed a decrease in traffic by a change to industrial; and stated that the process of molding styrofoam causes no hazard in solid form. Bob Ahrens, Daytona, stated he had been in the styrofoam business for 30 years, was a member of the Society of Plastics, which tests and sets standards, member of ASTM (American Society of Testing Materials). He stated that solid granular polystyrene plastic will cause no hazard. The City Attorney swore in Mr. Ahrens. Mr. Tim Pickles, Attorney -at -Law, 1970 Michigan Avenue, Cocoa, briefly described his experience in real estate law and land use issues; and presented, for the record, original documentation previously presented to the City Clerk the day of this hearing for distribution to City Council entitled "City of Sebastian Kirrie Rezoning and Comprehensive Plan Amendment Smith Objection Submittal" prepared by Lawandales Planning Affiliates (6); and then presented, for the record, "Department of Community Affairs Objections, Recommendations and Comments" 3 pecial City Council Meeting ebruar 21, 2001 Page Four on the proposed land use change for the fifteen acre parcel (7). He then reviewed the submittals, urged that future land uses be considered when considering this proposed land use change. He cited other allowed industrial uses and stated that if this application is approved, City Council would be violating its own Comprehensive Plan, Industrial Land Use Designation Object 1.23 (1), which states "Industrial designated areas are not adaptive to residential use and as such industrial activities shall not be located in areas designated for residential development." He further reviewed four items cited in the DCA ORC report, specifically the Treasure Coast Regional Planning Council memorandum dated April 21, 2000 which states that the proposed land use does not seem compatible with the surrounding land uses and the City has not documented the need for additional industrial land uses in this location or elsewhere in the City. He stated that 81% of the current industrial land in the City is vacant. He closed by citing other industrial uses that could come in if industrial land use is approved, and that Mr. Kirrie knew he was buying a property that was public service and institutionally zoned. (Public Input Sign up Sheets are attached to these minutes) Susan Smith, 7677 Gibson Street, Roseland, abutting property owner, assured City Council that she coerced no one to be at the hearing; and asked that they not change the use of this land to Industrial based on public safety and public health issues. Jackie James, Roseland Road, Roseland, said people have plans to preserve and improve Roseland. Blake Smith, 7677 130 (Gibson) Street, Roseland, presented photos of his residence on Gibson Street, for the record; (8) TAPE ll SIDE ll (9.30 p.m.) exhibited the location of the five acre Smith property; and submitted individual petitions (9); objecting to the change in land use. Several people who had signed to speak did not respond when called upon by Mayor Barnes. William 7835 129 Place, Roseland, expressed concern about dust, equipment and noise created by the proposed use. Fred Mensing, 7580 129 Street, Roseland, said he would prefer to see Mr. Kirrie in the site than leave it as an unknown. Marc Snell, 733 Beard Avenue, Sebastian, adjacent property owner, stated he had no objection to the use. Lee Skinner, 12800 82n Court, Roseland, objected to the change in land use to industrial. Elihu Skinner, 12800 82 Court, Roseland, seconded his wife's statement. Applicant Christopher Kirrie, Roseland, said the conservation area is built on an old Indian River County landfill, industry is necessary to the area, that he has been a good neighbor for many years, and is trying to move his operation out of a residential area and into an industrial area. 4 pecial City Council Meeting ebruary 21, 2001 age Five TAPE 111- SIDE I (10:17 p.m.) Fred Meidel, 13680 Old Dixie Highway, Roseland, adjacent property owner, opposed the change of land use and zoning. Janice Manz, 7920 129 Street, Roseland, neighbor of Mr. Kirrie, said Mr. Kirrie's industry is clean. Joanne McGrath, 7945 134th Street, Roseland, 134 Street, Roseland, objected to the change in land use to industrial for environmental reasons. Marion Yakso, 7805 130 Street, Roseland, adjacent property owner, objected to the change in land use and rezoning Karen McClain, 7985 129 Street, Roseland, submitted photos of Mr. Kirrie's current manufacturing site (9) which she stated is not well maintained and makes her property look terrible. The City Attorney advised the photos must be held until any appeal time runs. Barbara Banfield, 7408 129 Street, Roseland, recommended the property be de- annexed; and opposed the change in land use and zoning. Tom Spaulding, 7890 129 Place, Roseland, said there are many residents conducting home businesses in Roseland. Dan Maher, 400 Industrial Circle, Sebastian, said a lot of the City industrial land previously mentioned is on airport property; and concurred that industrial land must be provided for growth. George 7805 129 Place, Roseland, suggested the property go back to Indian River County. Charlie Stachel, 1698 Coral Reef Street, Sebastian, did not take a position but urged that this board act as if this property was in Sebastian. Walter Olevich, 8285 129 Court, Roseland, expressed concern for the proposed styrofoam processing and its effect on surrounding areas. Mayor Barnes closed the public hearing at 10:28 p.m. MOTION by HiII /Majcher "I would move to extend the meeting to no later than 11:00." ROLL CALL: MOTION CARRIED 5 -0 Mr. Bishop aye Mr. Barczyk aye Mr. Majcher aye Mr. Hill aye Mayor Barnes aye Attorney Pickles reminded City Council the possible permitted and conditional uses allowed in Industrial, and stated that City Council would violate its own comprehensive plan if this application is approved without a text amendment. 5 I pecial City Council Meeting ebruary 21, 2001 Page Six Attorney Dill said most of the people who opposed the use don't live near this property; said this is the furthest north piece of property that can be zoned industrial by the City; and urged approval of the land use plan amendment. The City Attorney summarized on behalf of staff; said the other 15 acres is not an issue, cited a printer's error on the colored land use map and, in fact, the property across Gibson Street is industrial; stated the applicant had a reasonable expectation of rezoning to industrial at the time of purchase; stated the only reasonable land use and zoning for this site would be industrial; citing other uses in the area, i.e., airport industrial, runways, and problems of location on a former Indian River County landfill. City Council discussion followed. The City Attorney further advised that the Indian River County transfer station will remain as is, that Department of Environmental Protection and Treasure Coast Regional Planning Council concerns relative to the 15 acre site have been addressed; that this is a borderline area and not a strictly residential area; cited the preference by environmentalists for industrial over residential; and cited the designation of Gibson Street as a collector road by Indian River County. The Growth Management Director said because this is a change of use the code requires that all local, state and federal requirements will have to be met before site plan can be approved by Planning and Zoning. MOTION by Bishop /Majcher "I'll move to approve Ordinance No. 0- 01 -03." Mr. Hill said he did not see a problem with a styrofoam plant but that the issue is the industrial use. ROLL CALL: MOTION CARRIED 4 -1 (Hill nay) 01.0328 B. Ordinance No. 0 -01 -04 Rezoning CNK, Inc.lGrowth Management Transmittal 1/30/01, 0 -01- 04, Application, Map, Staff Report, P Z Recommendation) This Matter is Quasi Judicial Mr. Barczyk aye Mr. Majcher aye Mr. Hill nay Mayor Barnes aye Mr. Bishop aye AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOT 17, BLOCK 30, M BERRY SUBDIVISION CONTAINING 5.14 ACRES, MORE OR LESS, FROM PS (PUBLIC SERVICE) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0 -01 -04 by title; the City Clerk swore in all those who intended to offer testimony; and all City Council members disclosed they had spoken to Mr. Smith and Mr. Kirrie. Attorney Warren Dill asked that all documents entered into evidence for the land use hearing and a transcript of presentations by Mr. Dill, Mr. Mosby, Mr. Kirrie and Mr. Ahren be entered into evidence for this hearing. He said since the industrial land use has been approved, there is no 6 O pecial City Council Meeting ebruary 21, 2001 age Seven Approved at the Walter Barnes Mayo Ily A. Maio y Clerk other zoning but industrial that can be approved; concurred with the staff report; and urged approval of the zoning from public service to industrial. The City Attorney asked that staff report be made part of the record, and that the zoning must be consistent with the land use. There was no City Council input at this time. No one spoke in favor of the request. Attorney Pickles asked that all evidence presented during his presentation on the comprehensive land use plan as well as the comprehensive land use plan map and his argument and all testimony received in the prior hearing be entereed into evidence on the rezoning. He stated that the City Council had not made a finding of fact as required by Snyder vs. Board of County Commissioners with regard to direct effect on surrounding property owners. MOTION by Majcher /Barczyk "I'd make a motion that we extend the meeting from 11:00 to 11:15." ROLL CALL: MOTION CARRIED 5 -0 Mr. Majcher aye Mr. Hill aye Mayor Barnes aye Mr. Bishop aye Mr. Barczyk aye The City Attorney stated for the record, that the materials submitted can be accepted subject to whether or not it is sworn testimony, and that the findings of fact are contained in the body of Ordinance No. 0- 01 -04. MOTION by Bishop /Majcher "I move to adopt Ordinance No. 0- 01 -04." ROLL CALL: Mr. Hill aye Mayor Barnes aye Mr. Bishop aye Mr. Barczyk aye Mr. Majcher aye MOTION CARRIED 5 -0 6. Being no further business, Mayor Barnes adjourned the Regular Meeting at 11:03 p.m. a4 GC� 2001 Regular City Council Meeting. 7 MO' HOME OF PELICAN ISIAND City of Sebastian, Florida Subject: Second reading for Ordinance No. 0- 01 -03, a small -scale amendment to the comprehensive plan which amends the future land use map to Industrial (IN) for Lot 17, Block 30, AA Berry Subdivision (former Knights of Columbus location), containing 5.14 acres more or less. Ap r Submitt Exhibits: 0- 01 -03, Application for Comprehensive Land Use Change, Location Map, Staff Report and P&Z recommendation. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None Agenda No. 0 VA- Department Origin: Growth Management Tracy E. Hass Date Submitted: January 30, 2001 For Agenda of: February 14, 2001 APPROPRIATION REQUIRED: None SUMMARY C.N. Kirrie, on behalf of C.N.K. Inc., is requesting a land use change from INS to IN for 5.14 acres of land. The property in question is the former site of the Knights of Columbus facility located on Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to change the land use designation to IN to accommodate a shop and warehouse facility. The adjacent property to the north, south and west have a future land use designation of L -2, low density residential. The property to the northeast has a CI designation (county) and is currently a solid waste transfer station. The property to the east is designated IN (city) and is home to an industrial park. Attached you will find an application for comprehensive land use change, a detailed staff report and a location map. The planning and zoning commission held a public hearing for the requested land use change at their regular meeting on January 04, 2001. RECOMMENDED ACTION III Hold a public hearing and second reading and move to adopt Ordinance No. 0- 01 -03. ORDINANCE NO. 0 -01 -03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN FOR LOT 17, BLOCK 30, AA BERRY SUBDIVISION CONSISTING OF 5.14 ACRES, MORE OR LESS, TO IN (INDUSTRIAL) FROM INS (INSTITUTIONAL); AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EF DATE. WHEREAS, the City Council has considered the application of CNK, Inc., for a small scale amendment, to change the land use for certain property, as reflected on the Future Land Use Map from INS (Institutional) to IN (Industrial); and WHEREAS, the application qualifies as a small scale amendment under Florida Statutes Section 163.3187(1)(c); and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes Section 163.3187(1)(c) together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed small scale Plan Amendment and has conducted a final public hearing to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan together with the recommended findings of its staff; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, as set forth in the small scale amendment application, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. QUALIFICATION AS SMALL SCALE AMENDMENT. The application for a Comprehensive Plan amendment filed by CNK, Inc., qualifies as a small scale amendment under Florida Statute Section 163.3187 (1) (c). Section 2. AFFECTED PROPERTY. The small scale amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: Lot 17, Block 30, AA Berry Subdivision Indian River County, Florida, Tax Parcel ID 21- 30 -38- 00006 0170 00003.0 Containing 5.14 acres, more or less. Section 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to IN (Industrial) for the affected property as described above. Section 4. NOTIFICATION. Within ten (10) working days after adoption of the Plan Amendment, the City shall transmit five (5) copies of the Plan Amendments to the Department of Community Affairs as provided in Florida Statutes Section 163.3187(1)(c)(2)(b) and 163.3184(7). The City shall also submit one copy to the regional planning agency and to any other person or entity that has filed a written request with the governing body for a copy of the Plan Amendment. Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. 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 7. Er.H DATE. This Ordinance shall take effect following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council within the time limits imposed by Florida Statute 163.3187(3)(c). The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this day of February, 2001. ATTEST: Mayor Walter Barnes Vice -Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. CITY OF SEBASTIAN, FLORIDA By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney B. Site Information 'cant) Address: 7 70./ /JO ri ST 40 S e a/ J27 Lot: Bloch: Unit: Subdivision: 7..' A' 3 D 19,* Q &r s SAD YD 27 f' Indian River County Parcel 2/. 2o- J' 0000‘ 0/10 ooea J. D Zoning Classification: Future Land Use: Existing Use: A Proposed Use: n a p%crZ Applicant (If not owner, written authorization (notarized) from owner is required) 'cant) Name: G Y H/././.. Name: Address: O Q y` qtr o .5 e j .2 29 ,,f 7 Phone Number i f -,S' '7'7 FAX Number. (s/ )sue. y‘ FAX Number. E -Mail: E -Mail: Owner (If different from ap 'cant) Name: Address: Phone Number. FAX Number. E -Mail: City of Sebastian Development Order Application Type of permit or action requested: S ea rwr s e G c; -e T 7; wU S f/" 1 4' G 5E COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. PIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A i i ACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): S" A f G/a' e h op s t- 7 **4 v c Ta,v ,,j •TE RECEIVED: /1 7 Form CD -2009 Approved: 0827/97 I Revision: FEE PAID: S 4 151 'CD Page 1 of 3 1 Development Application I File Name: Doe Permit Application No. RECEIVED D. Project Personnel: Agent: Name: C —A r e /e Address Po•e /7'`7 447 1 2- S 7 6 `/5 Phone Number. --(6( 7 S-Sy 7 FAX Number. 7 E -Mail: Attorney: Name: Address Phone Number. FAX Number. E -Mail: Engineer. Name: Address Phone Number. FAX Number E -Mail: Surveyor. Name: Address Phone Number: FAX Number: E -Mail: SIGNA71.1 E NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSI• PIRATION SEAL: I, C BEING FIRST DULY SWORN, DEPOSE AND SAY THAT:. I AM THE OWNER I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLCATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ///7/t DATE SWORN TO AND SU SCRIBED BEFORE ME BY C •N K--lgal E WHO IS PERSONALLY KNOW TO ME OR PRODUCED AS i15ENTIFICATION, THIS DAY OF N.VC BC Qo Permit Application No. M. BOSWORTH MY COMMISSION* CC 950345 t OF le EXPIRES: Jun 28, 2004 I e06-3-NOTAar FL Notary Service Bonding. Inc. Po 09 Page 2 of 3 I Development Application Approved: 08/27/97 r Revision: I File Name: Doa The following is required for all comprehensive plan amendments, zoning amendment *Eluding rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBE WHICH IS THE SUBJECT OF THIS APPUCATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF TH L_ E P'' Z CcNtM C iT ecukicI BOARD /COMMISSION OF THE CITY OF SEBASTIAN (THE `BOARD TO PHYSICALLY ENTER UPON THE PR PERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. IlVVE 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. SIGNATURE S d before me by C •N. KlgalE who is personally known to e or produced as 1•env cation,lhis da of N mo ,o oU DAT,i� Notary's Signature Printed Name of Notary Ao 865 Loodtri4 dinmission No. /Expiration I: Form CD -2001 Approved: 08/27/97 1 Revision: Page 3 of 3 Development Application 1 File Name: Doa Permit Application No. t 0 1 4 4DOROTHY M. BOSWORTH MY COMMISSION CC 950345 F or flo EXPIRES: Jun 213. 2004 1400.3- NOTARY FL Notary Sent= Banding. Inc. I Form CD -2008 Page 1 of 3 Comp. Plan Amend. (Land Use) Approved: 8/27/97 Revision: File Name: Sicpalu Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. Permit Application No. r 1. Current land use map designation: 27L 2. Proposed land use map designation: 3. Size of project in acres: C 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which. one(s)? c 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? %e,.5 Form CD -2008 Page 2 of 3 Comp. Plan Amend. (Land Use) Approved: 8/27/97 Revision: File Name: Sicpalu Permit Application No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed 8. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? ?9, 9. Are there adequate public facilities to serve the proposed {and use? If not, which one(s) are not adequate? 1 /cfr—c-e 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. /le" ArrAwf v4,44.4ry 11* r Z 1 0111 C RANT tEGAN Mamma.. bum 11101111111 1111111111 Ai plot. 111111111111113q SEC 36 T30 It WL a 0 u s 111131111 Iffalf miii 111111102i, MPHIL (1.101112 111111111111 11111111112E 111111 YrnolliMINNM VALUED. CEMETERY AVE 06 4. Us. W WO GIBSON STREET (130 es ri.DIUG A Rid A 931 C 06 11 4.‘ r w N 07 WAS. •,•?0 4‘'4 •••••■••••••\.-.,,C..?, v 0 g 0 E, el est FLEMING Aszam 4 T 4. A. A. BERRY SIB A$ SESk03 21••30-38 GRANT 00-34-311 ce 0- 0 1. Project Name: 2. Requested Action: 3. Project Location 4. Project Owner: 5. Project Agent: 6. Project Engineer: 7. Project Surveyor: 8. Project Description b. a. b. c. Growth Management Department Comprehensive Plan Amendment Application Staff Report Current Zoning: PS C.N.K. Inc. area 5ER T$A NOME OF PELICAN ISLAND Land Use Change from INS to IN Address: Lot 17, Block 30, AA Berry Subdivision Legal: Indian River County Parcel Number: 21- 30 -38- 00006 0170 00003.0 C.N. Kirrie P.O. Box 144 Roseland, Florida 32957 (561) 589 -5547 Same as above N/A 1 fax: (561) 589 -6467 a. Narrative of proposed action: C.N. Kirrie, on behalf of C.N.K. Inc., is requesting a land use change from INS to IN for acres of land. The property in question is the former site of the Knights of Columbus facility located on Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to change the land use designation to IN to accommodate a shop and warehouse facility. The adjacent property to the north, south and west have a future land use designation of L -2, low density residential. The property to the northeast has a CI designation (county) and is currently a solid waste transfer station. The property to the east is designated IN (city) and is home to an industrial park. c. Adjacent Properties Zoning Current Land Use Future Land Use North: Rose -4 Transfer Station(County) L -2 East: IN Industrial Park IN South: Rose -4 Vacant (County) L -2 West: Rose -4 ResidentialNacant L -2 d. Site Characteristics (1) Total Acreage: 5.14 acres (2) Current Land Use(s): Vacant Knights of Columbus facility (3) Soil: Myaka (4) Vegetation: Pine, Oak, Scrub, Palm (5) Flood Hazard: Zone X (6) Water Service: On -site well (7) Sanitary Sewer Service: On -site septic (8) Parks: HCP —'A mile (9) Police /Fire: Sebastian Police 6 miles Indian River Fire 5 miles 9. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent c: Public Facilities: Consistent d. Housing: Consistent e. Coastal Management: Consistent f. Recreation and Open Space: Consistent g. Conservation: Consistent h. Intergovernmental Coordination: Consistent 10. Conformance with Code of Ordinances: Consistent 2 11. Changed Conditions: 12. Land Use Compatibility: To the northeast and east of the parcel lies land designated for Industrial use within unincorporated Indian River County and incorporated City, containing a transfer station and various industrial /manufacturing facilities. The proposed land use classification allows similar uses and is therefore compatible with the neighboring land use classifications. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. 13. Adequate Public Facilities: The public facilities are .adequate for the requested land use change. The proposed use is not expected to impact existing public facilities. 14. Natural Environment: The proposed land use change will not significantly impact the natural resources. 15. Economic Effect: There will be a greater economic impact created by the land use change. The existing land use allows for non taxable public facilities and low intensity semi- public facilities and the proposed will allow higher density industrial development, which will create a more significant tax base. 16. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to Industrial property and convenient access to Roseland Road. 17. Public Interest: The proposed and use change is not in conflict with the public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future and use map of the comprehensive plan. Access to Roseland Road via Gibson Street will minimize traffic impacts in the area. The proposed and use change will create a slightly greater impact on the water, wastewater, drainage and solid waste facilities. 3 PREPARED BY 4 19. Analysis: C.N. Kirrie, on behalf of C.N.K. Inc., is requesting a land use change from INS to IN for 5.14 acres of land. The property in question is the former site of the Knights of Columbus facility located on Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to change the land use designation to IN to accommodate a shop and warehouse facility. The adjacent property to the north, south and west have a future land use designation of L -2, low density residential. The property to the northeast has a CI designation (county) and is currently a solid waste transfer station. The property to the east is designated IN (city) and is home to an industrial park. 20. Conclusion: The requested land use change from INS to IN is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends the City Council approve the request for the land use change of the subject parcel from INS to IN. 1 DAT /o1 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 4, 2001 Mr. Todd Brognano, Ameron Homes, was present representing the applicant, and gave a presentation. Jan King gave staff presentation which recommended approval. There was discussion on deed restrictions, and other issues. MOTION by Vesia/Smith I make a motion that we approve the accessory structure for Richard and Cynthia Brognano at 19 Carl Court, San Sebastian Springs. Roil call: Mr. Barrett yes Ms. Vesia yes Mr. Mahoney yes Ms. Carbano yes Mr. O'Donnell yes VC Mather yes Mr. Smith yes The vote was 7 0. Motion carried. B. PUBLIC HEARING Recommendation to City Council Comprehensive Plan Amendment Land Use Change 7701 130thStreet (Knights of Columbus) C.N. Kirrie Institutional to Industrial Mr. C. N. Kirrie was present and gave a presentation and noted the industrial type uses already present on 130 Street. Tracy Hass gave staff presentation and recommended approval. Commission members discussed several issues with staff. Acting Chmn. Mather opened the public hearing at 7:26 pm. Ms. Susan Smith, 7677 130 or Gibson Street, spoke in objection to the proposed Comprehensive Plan amendment. She questioned the mention of five (5) acres from the Public Notice letter she received, and referred to Ordinance 0 -87 -24 (1987) which noted 2.65 acres having been rezoned, and asked for clarification. Tracy Hass noted that according to Randy Mosby, who was in attendance at this meeting, the subject property was annexed into the City as two separate parcels, at two different times. Ms. Smith went on to express her reasons for objecting to this land use change. She also read into the record nine letters from surrounding property owners who also objected: Emily Johnson, 13376 81 Ave.; May Marcellino, 13375 81 Avenue; Frank Martin, 8095 130 St.; Mary Nunley, 7655 130 St.; Martha Ann Genger, 12980 81 Court; Chris and Mary Lou Keefline, 12965 81 Ave.; Cletis Seibert, 7610 129 St.; Madeline Jo Gregor, 7630 129 St.; and Emily Bass, 7815 129 St. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 4, 2001 In response to a question from Mr. Barrett, it was noted by Ms. Smith that these residents are residents of Roseland and not of Sebastian. Mr. Richard Smith inquired about the public notice letters sent from the City, and it was noted that there were no letters of objection in the Growth Management Department. There was also a public notice published in the newspaper. Marianne Yakso, 7805 130 St., or Gibson St., Roseland, and not a Sebastian resident, whose property is adjacent to the subject property, spoke in objection to this land use. She also indicated that she did not receive a public hearing notice. Ms. Seibert, 7610 129 St, Roseland, spoke against this issue, as did Martin Maidell; Doris Henry, 7853 130 St.; George Eskelson, 7805 129"' St.. Randy Mosby, Mosby and Associates, was present and noted that he does not represent Chris Kirrie, but is present on another issue on tonight's agenda. He is a resident of Sebastian and has practiced engineering in the City of Sebastian for twenty (20) years. He spoke of the lack of developable industrial property in Sebastian, and gave a favorable opinion of this land use change from an unbiased engineering perspective. He offered other information on past zoning in that area, and refuted some information offered by residents tonight. He noted that he was the engineer who designed the Knights of Columbus building presently on this site, and spoke of environmental issues and St. John's jurisdiction on wetlands on this site. He noted that these issues would be addressed during the site plan review process. He recommended that this P Z Commission vote in favor of this land use change. There was some further discussion from persons who had already spoken. Ms. Jackie James, a resident of Roseland, asked questions to which Atty. Stringer responded. Ms. James expressed her opinion against this land use change, and her desire to keep Roseland as it is. Barbara Banfield, 7405 129 St., Roseland, voiced her opposition to this land use change. C. N. Kirrie returned to the podium and responded to comments made previously by local residents and property owners. He spoke of his residence in this same area and noted that he would not do anything that would endanger other residents because it would also endanger him. Marianne Yakso returned to the podium and offered some rebuttal to Mr. Kirrie's comments. Acting Chmn. Mather closed the public hearing at 8:07 pm. Atty. Stringer offered some insight into some basic zoning theory, and the ability to buffer the rear portion of industrial property. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 4, 2001 Acting Chmn. Mather reopened the public hearing at 8:16 pm for Jackie James to speak again. He closed the public hearing at 8:17 pm. Acting Chmn. Mather asked for a motion on this issue. There was no motion made. There was discussion to make a motion to approve, deny or continue. Atty. Stringer suggested that it could be moved on to City Council without a recommendation. Acting Chmn. Mather stated that this Commission would move this land use change on to City Council without a motion from the P Z Commission. There was no objection to this action. A break was taken at 8:18 pm. All members returned at 8:25 pm and the meeting resumed. C. PUBLIC HEARING Recommendation to City Council Proposed Rezoning 7701 130 Street C.N. Kirrie Public Service to Industrial Tracy Hass stated that staff's presentation for the land use stands for the zoning, and staff recommends approval. There were no questions from Commission members. Acting Chmn. Mather opened and closed the public hearing at 8:26 pm as there was no public input. There was no motion forthcoming from the Commission, and Acting Chmn. Mather commented that this rezoning will move on to City Council for their action. D. QUASI-JUDICIAL HEARING Site Plan Review Re- submittal of Century 21 Office Building Fellsmere Rd Lots 1,2,3, Block 185 Mickey Capp, Randy Mosby, and Tracy Hass were swom in by Acting Chmn. Mather at 8:27 pm. Randy Mosby, of Mosby and Associates, gave presentation on this site plan, and noted additional landscaping and buffering since it was submitted a year ago. He provided and artist's rendering of the structure. Atty. Stringer noted that the alley behind this site could probably now be accessed, and Mr. Mosby indicated that the applicant would like to have this access. Tracy Hass gave staff presentation noting that staff is in favor of utilizing the alleyway at this location. He indicated that the only changes in this site plan are the landscaping and a slight redesign in the building to comply with the CR 512 overlay standard. He also noted the one condition noted in the staff report. There was discussion about the roof material and signage and hedge along CR 512. 4 car a HOME OF PELICAN ISLAND City of Sebastian, Florida Subj ect: Second reading for Ordinance No. 0- 01 -04, rezoning request from PS to IN for Lot 17, Block 30, AA Berry Subdivision (former Knights of Columbus location), containing 5.14 acres more or less. Exhibits: 0- 01 -04, Application for Rezoning, Location Map, Staff Report and P&Z recommendation. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None Agenda No. a 0326 Department Origin: Gr wth Management Tracy E. Hass Date Submitted: January 10, 2001 For Agenda of: February 14, 2001 APPROPRIATION REQUIRED: None SUMMARY C.N. Kirrie, on behalf of C.N.K. Inc., is requesting a rezoning of 5.14 acres of land from PS to W. The property in question is the former site of the Knights ofrolumbus facility located on Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to change the zoning designation to IN to accommodate a shop and warehouse facility. The adjacent property to the north, south and west are zoned Rose -4 (county), which allows for combined residential/commercial uses. The property to the northeast has an IL (county) designation and is currently a solid waste transfer station. The property to the east is designated IN (city) and is home to an industrial park. Attached you will find an application for rezoning, a detailed staff report and a location map. The planning and zoning commission held a public hearing for the requested land use change at their regular meeting on January 04, 2001. RECOMMENDED ACTION Hold a quasi-judicial public hearing and second reading and move to adopt Ordinance No. 0 -01- 04. ORDINANCE NO. 0-01-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOT 17, BLOCK 30, AA BERRY SUBDIVISION, CONTAINING 5.14 ACRES MORE OR LESS, FROM PS (PUBLIC SERVICE) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, CNK, Inc., has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, 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 affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW '11LLREFORE, BE IT ORDAINED BY '1 CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: Lot 17, Block 30, AA Berry Subdivision Indian River County, Florida, Tax Parcel ID 21- 30 -38- 00006 0170 00003.0 Containing 5.14 acres, more or less. Section 2. DISTRICT. The real property described in this Ordinance is hereby rezoned from PS (Public Service) to IN (Industrial). Section 3. ZONING MAP. The official City Zoning Map shall be amended to reflect this change in zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 provisions. 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. February, 2001. ATTEST: Sally A. Maio, CMC City Clerk 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 one day following the effective date of Ordinance 0-01-03. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice -Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this day of CITY OF SEBASTIAN, FLORIDA By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney B. Site Information icarrt) Name: Address: 77o/ J C7 7`S S o s e /G( J 27J7 Lot: O Unit: t Subdivision: If /2'4c- ri"/'.S T R 5. ?D 2F Indian River County Parcel 2/. Jo" J,' d'°c e oeeo J. b FAX Number. Zoning Classification: Future Land Use: Existing Use: Proposed Use: h ft; crt Applicant (If not owner, written authorization (notarized) from owner is required) icarrt) Name: Name: Address: J 2 f f O Q/ `7' o s e.�� -,..q/ 7 Phone Number. (p/ ,S'89•.5 y 7 FAX Number. -3/ ),377- ye7 E -Mail: Phone Number. Owner (if different from ap icarrt) Name: Address: Phone Number. FAX Number. E -Mail: City of Sebastian Development Order Application Type of permit or action requested: Permit Application No. SE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. IES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2' BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Oexxe hop s t' RECEIVED: Do Form CD -2001 _LA Epro ved: 08/27/97 1, a•4 4 7 fi 4 \I` FEE PAID: c14 i S RECEIVED 4 4 151 TO Page 1 of 3 Revision: 1 File Name: Doa Development Application D. Project Personnel: Agent: Name: C./Y /r i `'r /e Address "©.f (`7' f e X4 0( S" 7 Phone Number. S- 7 FAX Number. E -Mail: Attorney: Name: Address Phone Number. FAX Number. E -Mail: Engineer: Name: Address Phone Number. FAX Number. E -Mail: Surveyor. Name: Address Phone Number. FAX Number. E -Mail: 1, C y/(, (t' BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: G' I AM THE OWNER I •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. SIGN AT RE SWORN TO AND SU SCRIBED BEFORE ME BY 0 IV{t:el WHO IS PERSONALLY KNOW TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF N. ,Azspo. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMIS 0 /EXPIRATION SEAL' 4 T 2001 Approved: 08/77/97 1 Revision: 1 Page 2of 17/ DATE Development Application 1 Pile Name: Doe Permit Application No. ∎OuPt DOROTHY M. BOSWORTH s MY COMMISSION* CC 950345 f fro' EXPIRES: Jun 28.2004 14 200.1 NOTARY FL Notary Servos Bonding. Ina The following is required for all comprehensive plan amendments, zoning amendment *chidin rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. l/WE, 'THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBE WHICH IS THE SUBJECT OF THIS APPUCAT1ON, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P'' Z M CDM IT tiC.IL BOARD /COMMISSION OF THE CITY OF SEBASTIAN (THE `BOARD"PCOMMISSION') TO PHYSICALLY ENTER UPON THE PR C PERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPUCATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/vVE 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 APPUED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CrTY OF SEBASTIAN. :r 7/ o SIGNATURE DAT, S d before me by C .N. Klg who is personally known to e or produced as Identification, this da of NOVEntBa ,moo Notary's Signature Printed Name of Notary mission No./Expiration Permit Application Na. ��!c F D OROTHY M. BOSWORTH MY COMMISSION 0 CC 950345 1 40 0 11 EXPIRES: Jun 28, 2004 1-800-3-NOTARY FL New), Sows Bonding, Inc. Form CD -2001 1 Page 3 of 3 I Development Application Approved: 08/27/97 1 Revision: I File Name: Doe Form CD -2017 Page 1 of 2 Rezoning Approved: 8127/97 Revision: File Name: Sirezone Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. Permit Application No. 1. Proposed zoning: 7 S 1 2. Is the proposed rezoning consistent with the other elements of the comprehensive plan? If not, which one(s)? 3. Is the proposed rezoning in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? To of (J s 7`$1 •L hay i c C(c s io, e°s2+7 49 "7 '3 P.S 5. Is the proposed rezoning compatible with the existing or future land uses of the city? If not, why not? 6. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? f C Permit Application No. 7. Would the proposed rezoning result in a significant adverse impact on the natural environment? if so, describe the impact. A 8. Would the proposed rezoning adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. 9. Does the proposed rezoning result in an orderly development pattern? If not, describe. "zi 10. Attach the following: a. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in a°72/ which case the names and addresses of the corporate officers shall be sufficient. b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the property to be rezoned. Form CD -2017 Approved: 8/27/97 Page 2 of 2 Revision: Rezoning File Name: Sirezone Form CD -2008 Page 3 of 3 Comp. Plan Amend. (Land Use) Approved: 8/27197 Revision: File Name: Sicpelu Permit Application No. 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. A 12. Does the proposed amendment result in an orderly development pattern? If not, describe. i 13. Attached the following: 5 -a legal A verified statement showing each and every individual person having a Q- legal and /or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally C' recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. b. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the property for which the land use amendment is being requested. C RANT 1110111111111 111101111 111111111L15 11111P111111 RIII 111111111111E1 11011111' 11111111110k 1 row w A u SEC 36 T30 a.s7 ig Pal IiU 0 4 'O4 S FLEMING A.41213111 A. A. BERRY Spe ASSES-433 21-30-38 GRAN T 00-30-35 43 4. 4, .1> •9' I. A o 1 1 tir SEAPNTIAN HOME OF PELICAN ISLAND Growth Management Department Rezoning Application Staff Report 1. Project Name: C.N.K. Inc. 2. Requested Action: Rezoning from PS to IN 3. Project Location a. Address: Lot 17, Block 30, AA Berry Subdivision b. Legal: See Survey c. 4. Project Owner: 5. Project Agent: 6. Project Engineer: 7. Project Attorney: 8. Project Description Indian River County Parcel Number: 21- 30 -38- 00006 0170 00003.0 b. Current Zoning: PS C.N. Kirrie P.O. Box 144 Roseland, Florida 32957 (561) 589 -5547 Same as above 1 fax: (561) 589 6467 a. Narrative of proposed action: C.N. Kirrie, on behalf of C.N.K. Inc., is requesting a rezoning of 5.14 acres of land from PS to IN. The property in question is the former site of the Knights of Columbus facility located on Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to change the zoning designation to IN to accommodate a shop and warehouse facility. The adjacent property to the north, south and west are zoned Rose -4 (county), which allows for combined residential /commercial uses. The property to the northeast has an IL (county) designation and is currently a solid waste transfer station. The property to the east is designated IN (city) and is home to an industrial park. North: East: South: West: d. Site Characteristics a. Future Land Use: b. c. Adjacent Properties 7oning (1) (2) (3) (4) (6) (7) (9) Rose-4 IN Rose -4 Rose -4 Trensfer Station(County) Industrial Park Vacant (County) ResidentialNacant Total Acreage: Current Land Use(s): Soil: Vegetation: Flood Hazard: Water Service: Sanitary Sewer Service: Parks: HCP 1 /4 mile Police /Fire: Sebastian Police 6 miles Indian River Fire 5 miles 9. Comprehensive Plan Consistency Level of Service (1) Traffic: The proposed does not represent a significant increase or decrease in the amount of trip generation rates, as it is similar to the existing traffic generation rates for the PS zoning classification. (2) Potable Water: C4111reldlardase Futthrp LAnd USP INS Applicant may be required to connect to county utilities if they become available in the future. Therefore, this would be a positive impact by reducing the number of potable wells. 2 L -2 IN L -2 L -2 5.14 acres Vacant Knights of Columbus facility Myaka Pine, Oak, Scrub, Palm Zone X On -site well On -site septic (3) Wastewater: (4) Stormwater: 11. Changed Conditions: 13. Adequate Public Facilities: 3 Applicant may be required to connect to county utilities if they become available in the future. Therefore, this would be a positive impact by reducing the number of potable wells. The level of service standard is the same for all development; therefore, no greater impact is expected by the proposed rezoning. (5) Recreation: No impact. (6) Solid Waste: No change in impact expected. (7) Other: 10. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. 12. Land Use Compatibility: To the northeast and east of the parcel lies land designated for Industrial use within unincorporated Indian River County and incorporated City, containing a transfer station and various industrial /manufacturing facilities. The proposed and use classification allows similar uses and is therefore compatible with the neighboring land use classifications. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. The public facilities are adequate for the requested rezoning. The proposed use is not expected to impact existing public facilities. 14. Natural Environment: The proposed rezoning will not significantly impact the natural resources. 15. Economic Effect: There will be a greater economic impact created by the land use /zoning change. The existing land use allows for non taxable public facilities and low intensity semi- public facilities and the proposed will allow higher density industrial development, which will create a more significant tax base. 16. Orderly Development: The proposed rezoning is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to Industrial property and convenient access to Roseland Road. 17. Public interest: The proposed rezoning is not in conflict with the public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Access to Roseland Road via Gibson Street will minimize traffic impacts in the area. The proposed land use change will create a slightly greater impact on the water, wastewater, drainage and solid waste facilities. 19. Analysis: C.N. Kirrie, on behalf of C.N.K. Inc., is requesting a rezoning of 5.14 acres of land from PS to IN. The property in question is the former site of the Knights of Columbus facility located on Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to change the zoning designation to IN to accommodate a shop and warehouse facility. The adjacent property to the north, south and west are zoned Rose -4 (county), which allows for combined residential/commercial uses. The property to the northeast has an IL (county) designation and is currently a solid waste transfer station. The property to the east is designated IN (city) and is home to an industrial park. 20. Conclusion: The requested rezoning from PS to IN is .consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends the City Council approve the requested rezoning of the subject parcel from PS to IN. 1 04 /nt PREPARED BY DA E 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 4, 2001 Acting Chmn. Mather reopened the public hearing at 8:16 pm for Jackie James to speak again. He closed the public hearing at 8:17 pm. Acting Chmn. Mather asked for a motion on this issue. There was no motion made. There was discussion to make a motion to approve, deny or continue. Atty. Stringer suggested that it could be moved on to City Council without a recommendation. Acting Chrnn. Mather stated that this Commission would move this land use change on to City Council without a motion from the P Z Commission. There was no objection to this action. A break was taken at 8:18 pm. All members retumed at 8:25 pm and the meeting resumed. C. PUBLIC HEARING Recommendation to City Council Proposed Rezoning 7701 130 Street C.N. Kirrie Public Service to Industrial Tracy Hass stated that staffs presentation for the land use stands for the zoning, and staff recommends approval. There were no questions from Commission members. Acting Chmn. Mather opened and closed the public hearing at 8:26 pm as there was no public input. There was no motion forthcoming from the Commission, and Acting Chmn. Mather commented that this rezoning will move on to City Council for their action. D. QUASI JUDICIAL HEARING Site Plan Review Re- submittal of Century 21 Office Building Fellsmere Rd Lots 1,2,3, Block 185 Mickey Capp, Randy Mosby, and Tracy Hass were sworn in by Acting Chmn. Mather at 8:27 pm. Randy Mosby, of Mosby and Associates, gave presentation on this site plan, and noted additional landscaping and buffering since it was submitted a year ago. He provided and artist's rendering of the structure. Atty. Stringer noted that the alley behind this site could probably now be accessed, and Mr. Mosby indicated that the applicant would like to have this access. Tracy Hass gave staff presentation noting that staff is in favor of utilizing the alleyway at this location. He indicated that the only changes in this site plan are the landscaping and a slight redesign in the building to comply with the CR 512 overlay standard. He also noted the one condition noted in the staff report. There was discussion about the roof material and signage and hedge along CR 512. 4 of B/R #Baths Units Rent f Max. Income Max. Income One Perion Two People 1 1 13 $25D 9 $'10,69 1 1 7 $537 ,3 ,04 0 $22,92 2 7 $306_ 9 352 $10,696 2 $643 $24,040 $22,920 2 i 2 1 24 t $1,200 Unlimited Unlimited Rental Schedule for the proposod Sebastian River Senior Apartments Note: The number of units and rents will be controlled by Florida Housing Finance Corporation for 50 years. This will be placed as a deed restriction on the property. Rents can only be increased if the medium income of Indian River County Increases. (Presently the medium income for Indian River County is $47,700_) Using the same calculation used in our Melbourne project for reduced parking requirements, wilt calculate as following. Parking Requirements Required by local code 2 spaces per apartment Proposed 2 spaces per 3 units one per employee Saving In required parking spaces 167 spaces a 1,800. per space will result In a savings of 300,600.00 254 AZ 167 CD ''d o CD 1 1:3 Cr AD E cD l) o 5, f p C o CA CD AD AD 5 o CD 5 _1 L 9 11lfllilllll(11 ,La L1S ASVH L af1N AV ssa IdW 01.032A A. Ordinance No. 0 -01 -03 Land Use Change CNK, Inc. (Growth Management Transmittal 1/30/01, 0- 01 -03, Application, Map, Staff Report, P Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN FOR LOT 17, SECTION 30, AA BERRY SUBDIVISION CONSISTING OF 5.14 ACRES, MORE OR LESS, TO IN (INDUSTRIAL) FROM INS (INSTITUTIONAL); AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. NA/ME B /ck .S 54 SaWL $yam, 7 i NAME e ms. NA E III NA 3 NAME PUBLIC HEARING SIGN -UP SHEET FEBRUARY 21, 2001 ORDINANCE NO. 0-01-03 NAME ADDRESS r 9 7 U X14 e&/‘"/ ,/1-i4 4z-4‘ C Cc0y9 1 ADDRESS 7677 606sc,n St, AD SS ADDRESS r 5 Op Si "O.Se fi ADDRESS 9 2:7 1 A430-21- ADDRESS 79 (v s Q 4," <Zeiel___0 ADDRESS ADDRESS NAME A ADDRESS e S 114 2 C 6 5 r- b s 0 FL NA NA NAME ADDRESS ADDRESS ADDRESS /-ilzt Ez /2,-et:C/ ievz ADDRESS /ate 7 ;047- .12 ;2 (3 ,2fe{,(/ e64,76,/axc( 1 174. T2/ AME NAME 4 `e//(, tt) NAME �fjY�ME CI: 1 �fI e AME Z 4" CJ 6 AME NAME IAME N a,— I l'� NA NAME NAME /SO Aik 041.3A NAME r NAME NAME 4 "1 -k- Ub-411\P 96. Fizzipigi4 cr JAyJ6g/ I ADDRESS 5 /5 _2 ADDRESS /3Esc._% a/47 .v/ -t'/r` "64- ADDRESS l c()4C- 11 e' +f 4 4-ori) d,c [:.4— J ADDRESS ADDRESS w J5 7 4 4 ADDRESS s VI ADDRESS a 641 4 7 4<_<, L -Q ADDRESS -,e,t-4-1,4‘_,-)4z,,„,eii dC44,A.,i ADDRESS ADDRESS Q a n C o s t G� r ADD RESS ADDRESS 7 5 42 7 SAP ADDRESS 7 Lo e ADDRESS ADDRESS n5 /7/00 04\ G ADDRESS 7V5 65144410 t ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS NA QUASI JUDICIAL PUBLIC HEARING SIGN UP SHEET FEBRUARY 21, 2001 ORDINANCE NO. 0-01-04 01.032B B. Ordinance No. 0 -01 -04 Rezoning CNK, Inc. (Growth Management Transmittal 1/30/01, 0- 01 -Q4, Application, Map, Staff Report, P Z Recommendation) This Matter is Quasi- Judicial see back of agenda for procedures AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOT 17, BLOCK 30, AA BERRY SUBDIVISION CONTAINING 5.14 ACRES, MORE OR LESS, FROM PS (PUBLIC SERVICE) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. NAME NAME ADD 3 NAME NAME NAME NAME, NAME -(22 NAME /W e NAME NAME 1-7c2 ✓v► /6/tv /U4 /5cd /ci rpcodet f ADDRESS 76 7 04 5 s.P cU4 f ADDRESS 7 b 5O Cl/ �dsel ADDRESS ev i a._q ADDRESS ADDRESS 6 1 6 0 5/ /4- A ADDRESS ADDRESS 7?7 77 X ADDRESS IZ��V /si t? 5 5 c' I ADDRESS NAM 73 ADDRESS 1:1 ,,C4Ve ADDRESS J 7J400 i ADDRESS G /72 6"J- -r 7V/' /tD s e2x l �r 4 '7 NA 4, ,r E ADDRESS ��'tt CJ/ 7 NAME /(A/Orf N E NAME ADDRESS h/ NAME ADDRESS v jam 'o CC,✓2 Pz.0 7/1cC? iftS/ G�.c N ADDRESS Or AM NAM NAME A NAME /rr NAME r i� N•ME lf� AME ADDRESS r ci3d" r/c, ADDRESS 5 7e h NAME ADDRESS NAME) ADDRESS ADDRESS ADDRESS 79.E ADDRESS j1 b Sir 77 t e /4) e /44- r..1 ADDRESS ADDRESS ADDRESS ADDRE S L TF 44 /(Z of G 1 Mc j• c i VC.a ADDRESS 'To s