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Home My WebLink About06022004HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, JUNE 2, 2004 - 6:00 P.M. CITY COUNCIL CHAMBERS t225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McCollum called the Special Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. .ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier ,Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director (GMD), Tracy Hass Police Lieutenant, Michelle Morris Special City Council Meeting June 2, 2004 Page Two PUBLIC HEARINGS (certain of these items are quasi-judicial - see back of agenda for quasi-judicial procedures) 04.130 1-12 A. CROSS CREEK t) Second Readin.q and Public Hearinq for O~dinance No. O-04-07 Cross Creek Voluntary Annexation (GMD Transmittal 5/21104, 0-04- 07, Restrictive Covenant, Letter1 Map, FS 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney gave an overview of procedures on these separate issues, first deciding on the merits of annexation and then the land use for the property, and finally rezoning and conceptual plan; and advised that discussion of the plan does not come in on the annexation and land use. He then read Ordinance No. 0-04-07 by title and offered a developer's agreement for Powerline Road which will amend section six of the ordinance (see new page six attached). It was noted that the applicant was not in attendance, and the final agreement was with him. Mayor McCollum opened the hearing at 6:05 p.m. The Growth Management Director gave a brief presentation on the proposed annexation, which includes improvements to Powerline Road. Andrea Coy, Sebastian, inquired whether annexation could require a referendum, citing FS 171. The City Attorney described Florida Statutes relative to voluntary annexations in 171.044, which does not require a referendum. She then submitted a copy of comments from the Department of Community Affairs (DCA) dated April 5, 2004, and the City Attorney advised her that the comments are related to land use rather than annexation. Waiter Barnes, Sebastian described 57 annexations in the City since its beginnings. He said annexation is not a new thing, and the City should control new development. Sal Negiia opposed the annexation, citing increased population and crime; and recommended a non-binding straw ballot in November. Louise Kautenberg, Sebastian, said the City cannot control what is not within its boundaries. Special City Council Meeting June 2, 2004 Page Three Rich Taracka, Sebastian, cited a study regarding annexations and recommended a referendum. George Ireland, Sebastian, inquired why Council wanted to annex this property. John Bowles, Mosby and Associates, said he was representing the Cross Creek applicant, however, Mr. Dill arrived and made the presentation. Attorney Warren Dill, representing the applicant, apologized for being late and presented the request for annexation which abuts the City on three sides, cited a reduction in density to 1.6 units per acre, and described the terms of the developer's agreement which provides access by Powerline Road from Barber south to the southern boundary of the Fischer property, with paving and drainage improvements at the developer% expense. He noted the power poles are on a Fischer easement, that the developer will design and improve the road, and then the City will take jurisdiction. The Growth Management Director explained that when reviewing voluntary annexation requests, staff looks at fiscal impacts to the City, and when residential, they require developers to maintain their own infrastructure improvements such as streets, stormwater, water and sewer. The City Attorney said the Metropolitan Planning Organization has always advocated improvements to Powerline Road. City Council discussion followed relative to County property being developed on CR 510 that is three units per acre; visions for the future of Sebastian, plans to hire new polica officers with increased revenues from growth and based on current boundaries, and benefit of the Powerline Road improvement. In response to Mr. Barczyk, Mr. Dill said Shakespeare access is no longer being considered. Mayor McCollum closed the hearing at 7:00 p.m. On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Ordinance No. 0-04- 07 as amended (page 6) was adopted by a vote of 5-0. 3 Special City Council Meeting June 2,2004 Page Four 13-30 2) Second Readinq and Second (Adoption) Public Hearing for Ordinance No. O-03-16 Cross Creek Comprehensive Land Use Plan Amendment (GMD Transmittal 5/21/04, O-03-16, Map, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. TAPE I - SIDE II (7:01 p.m.) The City Attorney read Ordinance No. O-03-16 by title and Mayor McCollum opened the hearing at 7:02 p.m. Rich Taracka, Sebastian, said in annexation, commercial development breaks even and industrial development pays for itself. Andrea Coy, read from DCA objections dated April 5, 2004 (submitted as an Exhibit). The Growth Management Director stated that the City's response to DCA will include updated data from Indian River County for the final transmittals. She noted that the current land use map is dated 1991, noted deficiencies set out in the comments and requested staff comments before adoption. The City Attorney said DCA is aware that the City is updating its comprehensive plan and inventory and data will be brought up to date. The Growth Management Director said discussions have taken place with Indian River County staff, all final data will be obtained, and all infrastructure must be in place before any development orders are issued. Mayor McCollum closed the hearing at 7:14 p.m. Mr. Dill said this is a self-contained community with all infrastructure being provided by the developer, that there would be a concurrency problem if they could not get water and sewer, development would probably not take place; and reiterated that the developer signed a restrictive covenant stating it would not develop over three units per acre. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. O-03-16 was adopted by a vote of 5-0. 4 Special City Council Meeting June 2, 2004 Page Five 31-46 3) Second Readinq and QUASI-JUDICIAL Public Hearin.q for Ordinance No. 0-04-08 Cress Creek Rezoninq (GMD Transmittal 5/21/04, 0-04- 08, Map, Plan, Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA. DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL 1 UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS. LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-04-08 by title and noted correction to the numbering (change section 7 to section 6) and Mayor McCollum opened the hearing at 7:20 p.m. There was no ex-parte communication to be disclosed. The City Clerk swore in all who intended to offer factual testimony. Applicant or Aqent Presentation Mr. Dill said he would respond to any questions. Staff Presentation None. Council Questions of Applicant and Staff None. Anyone in Favor of the Request None. Anyone in Opposition to the Request Clive Beckwith expressed concern that trucks will be using Shakespeare during development and recommended an agreement prohibiting use of the street. The GMD said Powedine Road will be the only access to this development and this can be enforced during preliminary development. 5 Special City Council Meeting June 2, 2004 Page Six 04.132 4758 Mayor McCollum closed the public input portion. Applicant Opportunity to Respond to Issues Raised by Staff or Public Mr. Dill said, for the record, the developer has no intention of using Shakespeare Street for any reason. Staff Opportunity to Summarize Request The GMD presented closing statements and recommended approval. City Council Deliberation and Questions It was noted the setbacks are a minimum of ten feet in RS-10 and the plan had been corrected and density is 1.6 units per acre. City Council Action On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Ordinance No. O-04-08 was adopted by a vote of 5-0. Mayor.McColium called recess at 7:30 p.m. and reconvened the meeting at 7:36 p.m. All members were present. B. SEBASTIAN CROSSINGS 1) Second Readinq and Public Hearing for Ordinance No. O-04-11 Sebastian Crossin.qs Voluntary Annexation (GMD Transmittal 5/21/04, O-04-11, Restrictive Covenant, Letter, Map, FS 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-04-11 by title and Mayor McCollum opened the hearing at 7:37 p.m. The GMD presented staff report on the annexation, which incorporates residential and 14.5 acres of commercial development. Being no public input Mayor McCollum closed the hearing at 7:42 p.m. Special City Council Meeting June 2, 2004 Page Seven Timothy Jelus, 1682 West Hibiscus, Melbourne, presented the request for approval. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. O-04-11 was adopted by a vote of 5-0. 59-78 2) Second Readin.q and Second Public Hearin.q for Ordinance No. O-03- 24 Sebastian Crossings Comprehensive Land Use Plan Amendment (GMD Transmittal 5/21/04, 0-03-24, Map, Application, P & Z Recommendation) AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA; APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND GENERAL COMMERCIAL (CG) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW-DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE, The City Attorney read Ordinance No. O-03-24 by title and Mayor McCollum opened the headng at 7:45 p.m. The Growth Management Director noted a typo in the staff report, noting there are 137 units at 2.99 units per acre with a land use category of Iow density and the remainder of the property commercial general. Mayor McCollum closed the public hearing at 7:49 p.m. On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinance No. O-03-24 was adopted by a vote of 5-0. 79-96 3) Second Readinq and QUASI-JUDICIAL Public Hearinq for Ordinance No. O-04-12 Sebastian Crossin.qs Rezoninq/PUD Conceptual Development Plan (GMD Transmittal 5/21/04, O-04-12, Map, Plan, Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL GENERAL (cg) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, Special City Council Meeting June 2, 2004 Page Eight The City Attorney read Ordinance No. O-04-12 by title and Mayor McCollum opened the hearing at 7:51 p.m. There was no disclosure of ex-parte communications to be disclosed. Applicant or Aqent Presentation Tim Jelus presented the rezoning and conceptual development plan. Staff Presentation The GMD presented staff recommendation for approval of the proposed PUD. Council Questions of Applicant and Staff Mr. Jelus cited the location of the old cemetery, and methods to protect it. Mr. Heptinstall said he did not want to see foot traffic through the cemetery and Mr. Jelus said he believed the cemetery is fenced on the north and west side. Ms. Monier suggested a non-monotony clause when the PUD is developed and Mayor McCollum suggested putting something in language to require this. The GMD said there is a some generic language which gives staff this ability during the preliminary development stage. Anyone in Favor of the Request None. Anyone in Opposition to the Request None. Applicant Opportunity to Respond to Issues Raised by Staff or Public None. Staff Opportunity to Summarize Request None. City Council Deliberation and Questions None. City Council Action On MOTION by Ms. Monier, and SECOND by Mr. Heptinstall, Ordinance No. 0-04- 12 was adopted by a vote of 5-0. Special City Council Meeting June 2,2004. Page Nine 04.133 C. 9~106 RIVER OAKS 1) Second Readinq and Public Hearinq for Ordinance No. O-04-13 River Oaks Preserve Voluntary Annexation (GMD Transmittal 5/21/04, O- 04-13, Restrictive Covenant, Letter, Map, Survey, FS 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Ordinance No. O-04-13 by title and Mayor McCollum opened the hearing at 8:00 p.m. The GMD said the 1.31 acre property on the southwest corner is not included in this proposed annexation is 149.05 acres with a density of 2.46 units per acre; said all access will be to CR510. (Following this meeting the acreage was corrected at 147.47) Being no public input, Mayor McCollum closed the public input portion of the hearing. Rick Melchiori, WCG NeeI-Shaffer, engineer and applicant representative, said abutting property owners were contacted and asked to enter their letters into the record (included in a packet of information he submitted for the record); and presented the request for annexation, citing a positive financial impact to the City. Mayor McCollum explained his reasons for objecting to this annexation and suggested a non-binding straw ballot might be needed. TAPE/I - SIDE I (8:05 p.m.) A lengthy discussion took place on collection of impact fees, other financial impacts and administrative fees for collection. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Ordinance No. O-04-13 was adopted by a vote of 3-2 (McCollum, Barczyk - nay) 107-126 2) Second Readinq/Second Public Hearinq for Ordinance No. 0-03-26 River Oaks Comprehensive Land Use Plan Amendment (GMD Transmittal 5121/04, O-03-26, Map, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKAM DAM KNOWN AS RIVER OAKS PRESERVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 9 Special City Council Meeting June 2, 2004 Page Ten The City Attorney read Ordinance No. O-03-26 by title and Mayor McCollum opened the hearing at 8:21 p.m. The GMD briefly presented staff recommendation for Iow density residential land use. Andrea Coy again referred to DCA comments dated April 5, 2004 and requested that assurances be given to the public that their objections have been met prior to approval. She read the objection for the record. She said Chief Davis has said that the department is ten to twelve officers short now. Cynthia Nixon, Sebastian, said she is concerned about this development connecting to her street. The City Attorney said the issue is whether the land should be residential, multi-family, etc. She said the City is not prepared to provide services to this site and the GMD responded he will cover this issue under the next item. Samantha Haynes, Sebastian, said she was concerned about the development using Lagoon Lane. She stated that she did not get a letter during initial stages of this proposed development. Rick Melchiori responded to concerns about DCA comments, noting that adequate public service and concurrency will have to be in place for this development to go through. The GMD said DCA can find the City in violation if the City has not provided responses to their concerns. Mr. Barczyk said the 28 members of the Treasure Coast Regional Planning Council also review these requested amendments and concerns have to be addressed. The GMD said eight different agencies review these developments for consistency. Mayor McColium said City residents should not have to petition the City to prevent construction traffic on City streets. The GMD said there is no intention to use Lagoon Street and Mr. Melchiori concurred. Ms. Monier again cited the financial benefit, which will enable the hiring of new police officers. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. O-03-26 was adopted by a vote of 3-2 (McCollum, Barczyk - nay) 10 Special City Council Meeting June 2, 2004 Page Eleven 127-148 3) Second Reading and QUASI-JUDICIAL Public Hearing Ordinance No. O-04-14 River Oaks Preserve Rezoninq (GMD Transmittal, 0-04- 14, Map, Plan, Report, Application, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. Mayor McCollum opened the public hearing. There was no ex-parte communications to be disclosed. The City Clerk swore in all those who intended to offer factual testimony and the City Attorney read Ordinance No. O-04-12 by title. He advised that City Council may impose conditions on a PUD, send it back to P & Z, or approve or deny. Applicant or Agent Presentation Rick Melchiori, presented the rezoning and PUD conceptual development plan which will be approximately 2.4 units per acre in three phases. He addressed concerns regarding buffering adjacent properties on the northwest corner, access to Lagoon would be only an emergency access. Staff Presentation The GMD stated that the LDC requires two means of ingress and egress, that staff had sat down with residents and developers, that the north access would be emergency access point only, that staff had suggested another access onto CR 510, but Indian River County was not supportive, and the issue of intercennectivity has been looked at. Council Questions of Applicant and Staff The City Attorney asked about an accel/decel lane and Mr. Melchiori responded that after the traffic impact statement it will be required and an obligation of the developer. Mr. Melchiori said the emergency access would be hedge-rowed to prohibit vehicles from using it. Mr. Coniglio said he would like to see another access point on 510, and Mr. Melchiori said the County asked them not to do it, but said he would approach the County again. The City Attorney said the County has no basis to deny it since it meets the green book (DOT traffic design standards). Discussion took place on the issue of access to 510. 11 Special City Council Meeting June 2, 2004 Page Twelve Mr. Heptinstall said, speaking from experience, there must be another access other than Lagoon for emergency purposes and perhaps negotiations need to be commenced with Indian River County. Mr. Coniglio said he would be satisfied if a meeting was scheduled with the County and City staff. The City Attorney said it could be approved conditioned on a second access to CR 510. The GMD said he would approach the County. TAPE II - SIDE/I (9:00 p.m.) Ms. Monier said she was concerned about buffer adjacent to the St. Sebastian River. The City Attorney described the buffer area as indicated on the plan. Mr. Melchior[ said all construction will be accessed by CR 510. Mayor McCollum said if the County will not allow the second access to 510 we need to notify the residents of the possibility that the emergency access may have to be Lagoon. Anyone in Favor of the Request None. Anyone in Opposition to the Request Clive Beckwith inquired about the status of a stand of trees on Lighthouse Avenue and Mr. Melchiori showed him the stand on the conceptual plan, and he was advised that the plan is approved in perpetuity if sold to another party. Samantha Haynes, Sebastian, thanked Council for their consideration of their concerns and encouraged them to continue to move in the direction of using 510. Mr. Heptinstall said if used for emergency access it would have to be a gated roadbed. In response to Ms. Wagner, Mr. Melchior[ said the property is in flood zone A. George Ireland said development will kill the giant oak referenced earlier and said he could not understand why 55 foot lots are necessary. Mayor McCollum responded to his concerns. Linda Mad[gan, Sebastian, said US consensus figures show a great increase in Sebastian growth but that developers are not the problem but people who want to come here. Mr. Coniglio explained that PUDs allow for greater green area and lower density than typical residential zoning. Mary Ann Krueger, Sebastian, expressed concern about pesticides going into drainage ponds and suggested restrictions be imposed for groundwater protection. 12 Special City Council Meeting June 2, 2004 Page Thirteen Applicant Opportunity to Respond to Issues Raised by Staff or Public None. Staff Opportunity to Summarize Request None. City Council Deliberation and Questions In response to Mr. Heptinstall, Margaret A. Ryall (who was sworn by the City Clerk) former owner of the property, said Sebastian was perfect in 1945, addressed City Council noting that this property was formerly productive orange groves, that pesticides were used and there was no effect on vegetation, that the land will be developed whether it is in the City or not. Mayor McCollum recommended that the motion include the suggestion of Mr. Heptinstall that the emergency access be on 510 with a solid buffer across the Lagoon emergency access, and also if the 510 access cannot be done, the issue come back to Council so the public can be informed. Sandra Haynes addressed Council again on her concern ihat later residents might petition later Councils to be able to drive through Lagoon to the property. Mayor McCollum also suggested a stipulation that all construction equipment use CR510. City Council Action On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Ordinance No. 0-04- 14 was adopted with the stipulation that we address the emergency through CR510 and construction equipment only use the 510 entrance on a vote of 5-0. Mayor McCollum called recess from 9:52 p.m. to 10:03 p.m. 13 Special City Council Meeting June 2, 2004 Page Fourteen ITEMS NOT COMPLETED AND CARRIED FROM THE MA Y 26, 2004 REGULAR MEETING (REFERENCED PAGE NUMBERS ARE FROM THE MA Y 26, 2004 AGENDA PACKET) 9.A.(3) Ordinance No. O-03-21 - Rezoning/Conceptual Development Plan - Reconsideration Hearinq from 4/14/04 (Backup Includes Documents Originally Presented at the 4/14/04 Reqular Meetin.q Includin.q Exhibits and Revised Conceptual Development Plan as Provided in Accordance w/Noted Correction at the 4/14/04 Meetinq) I. This hearinq is quasi-judicial - see back of aqenda for procedures AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) iN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE, Mayor McCollum advised that the May 26, 2004 meeting ended during this quasi- judicial hearing during the applicant presentation. There was no additional ex-parte communication to disclose and no one new was in attendance with intention to offer factual testimony. All others were previously sworn. Applicant or Agent Presentation Joseph Schulke, Schulke, Biddle and Stoddard, continued a lengthy presentation on the rezoning and conceptual development plan. He gave a revised power point presentation (Exhibit). He reviewed materials he had distributed at the hearing on May 26, 2004 (Exhibit). TAPE III - SIDE I (10:15 p.m.) Mr. Schulke continued his presentation, and read a letter from School District Assistant Superintendent for Operations stating that purchase of this property is not a priority. He said there are no panthers and no bald eagles nesting on the site. He presented a petition containing 160 signatures supporting the project (Exhibit). Staff Presentation The GMD said he had no additional presentation. Council Questions of Applicant and Staff Mayor McCollum stated that 15% contribution for Powerline improvement was insufficient and recommended 50%, objected to 3.47 percent density, objected to diminishing the contribution that Orange Heights makes in taxes to the City, noted that proposed impact fees will go to Indian River County, and in the event of a hurricane, City funds will be used in Ashbury. 14 Special City Council Meeting June 2, 2004 Page Fifteen Mr. Barczyk expressed concern about density. Mr. Coniglio said other gated communities are open during the daylight hours, and Mr. Schulke said when the homeowners association takes over perhaps this might be considered. In response to Mr. Heptinstall, Mr. Schulke said adjacent property owners in the Highlands and Mr. Coniglio had indicated in December they did not want all of Powerline Road paved, so they had previously agreed to pave a portion and put money in escrow. He stated that the applicant now agreed to fund 50% of the cost of paving. He said all gopher tortoises possible will be relocated to the buffers. In response to Ms. Monier, the City Attorney said it was the intent of former Council to have three units per acre for periphery properties within the urban service area outside of the City boundaries. Anyone in Favor of the Request Louise Kautenberg, Sebastian, said people who work in the City are being priced out of the City. Linda Madigan, Sebastian, said we are mandated to plan our communities to protect the environment, to have comprehensive plans, and to adopt proper best management practices. She stated that new developments are helping to save the Indian River Lagoon, and lauded civil engineers for the work they do. Jason Saunders, Delaware Avenue, Sebastian, said Ashbury will be affordable and good for Sebastian. William Schulke, Sebastian, said if development stops, taxes will go up. Dick Bird, Vero Beach, said Coy Clark's projects have turned out very well in Indian River County and Brevard County. He said he learned that elected officials must look at the long term best interests of the community when making these decisions. Terry ??, Indian River Neighborhood Association, said the percentage of growth in the last decade was the same as it was three decades ago, said this area will never become tike south Florida, there is controlled growth here. Barbara Barron, Sebastian, urged approval of the project. Alan Green, Vero Lake Estates, said Mr. Clark is community sensitive and Mr. Schulke is a quality engineer. 15 Special City Council Meeting June 2, 2004 Page Sixteen TAPE III - SIDE II (11:20 p.m.) it was the consensus of City Council to complete this item and carry all other items on this agenda to the beginning of the next regular meeting on June 9, 2004. Anyone in Opposition to the Request Mary Ann Krueger objected to the project based on environmental concerns. Andrea Coy expressed concern for DCA comments, noted the project was denied by P & Z, described Exhibit G from Mr. Schulke's information packet, said Council has control of the density, that people have never seen what the houses look like, theft is on the rise on construction sites, proponents have financial gain, and noted all of Indian River County is her backyard. Sal Neglia applauded those who spoke in favor for their expertise. Debbie Wagner, Veto Beach, said the County does not allow you to count retention ponds as open space, and asked what the monthly maintenance fees are going to be. Applicant Opportunity to Respond to Issues Raised by Staff or Public Mr. Schulke stated nothing has been changed except to increase setbacks and buffers, and that he provided a new Exhibit G1 to show interior lots, and provided colored renderings. He said he did not know all of the people who spoke in favor of the project. He said the development will have county water and sewer, though some could use well or pond water for irrigation. Staff Opportunity to Summarize Request The GMD said it is a County requirement for new houses to hook up to water and sewer. City Council Deliberation and Questions Mr. Coniglio expressed approval for this proposed development, and Mr. Heptinstall concurred, commended Mr. Coy and Mr. Schulke for their professionalism, and Mr. Schulke senior for his input. City Council Action On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, Council adopted Ordinance O-03-21 with the stipulation that the City and Mr. Clark agree on fifty percent to be held in escrow until the City deems necessary to pave the remainder of Pewerline Road on a vote of 4-1 (Barczyk - nay). 16 Special City Council Meeting June 2, 2004 Page Seventeen Mr. Coniglio suggested Council get through Old Business. On MOTION by Mayor McCollum, and SECOND by Mr. Heptinstall, to adjourn the meeting, motion failed 2-3. (McCollum, Heptinstall - nay) 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 11. OLD BUSINESS 04.131 289-292 Request from Vice-Mayor Barczyk to Reconsider Ordinance No. 0-04-09 Spencer Annexation and Take Ordinance No. O-04-10 spencer Rezoning from the Table and Conduct First Readings on both Ordinances at This Time The City Attorney's memo which was previously distributed under separate cover relative to these two items was redistributed to Councilmembers. On MOTION by Mr. Barczyk, and SECOND by Ms. Monier, Council approved reconsidering Ordinance O-04-09 on first reading by a vote of 4-1 (McCollum - nay) The City Attorney said that Council could now conduct the first reading on the ordinance. Mayor McCollum called recess at 12:05 a.m. and reconvened the meeting at 12:10 a.m. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Council tabled the first reading of Ordinance No. 0-04-09 on a voice vote of 4-1 (Barczyk - nay) Mayor McCollum adjourned the Special Meeting at 12:15 p.m. The remainder of items will be carried to the June 9, 2004 Regular Meeting. 12. NEW BUSINESS 13. CITY A'DI'ORNEY MATTERS 14. CITY MANAGER MATTERS 04.148 Feasibility of Acquisition of Former Beall's Properly on U.S. Highway 1 and Unincorporated Enclave Property 04.115 B. Contractor Selection Process for Old Schoolhouse/City Hall Building 17 Special City Council Meeting June 2, 2004 Page Eighteen 15. 04.037 293 CITY CLERK MATFERS A. Notification of Board of Adjustment Meeting 619/04 - 6:30 p.m. B. Reminder of Community Redevelopment Advisory Committee Appointments (Press Release) 16. CITY COUNCIL MATrERS A. Mayor McCollum B, Mr. Heptinstall C. Mr. Coniglio D. Ms. Monier E. Mr. Barczyk 17. ADJOURN Approvedatthe July 14, 2004 Na{h~, Mayor AT~.E..~T; Sally A./~3~3, CMC, City Clerk meeting. 18 QUASI-JUDICIAL PUBLIC HEARING, SIGN UP SHEET APRIL 14, 2004 04.088 Second Reading, Quasi-Judicial Public Hearing and Adoption Hearing of Ordinance No. O-03-21 Rezoning/Conceptual Plan Ashbury Subdivision AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. NAME ADDRESS NAM · - ADDRE~;S' ~~ ' ADDRESS NAM E~[._ / ' ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME .... /f~'~)~)RESS 0 - < PUBLIC HEARING SIGN-UP SHEET June 2, 2004 Second Reading and Second Public Hearing for Ordinance No. O- 03-26 River Oaks Comprehensive Land Use Plan Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LANO USE[ MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESiOENTr~_ (LDR) FOR ANI'~EXED LAND WTII-I A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAt.. 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF OR 510 AND SOUTHEAST OF ELKAM DAM KNOWN AS RI'~ER OAKS PRE SERVE; At. YFHO~.ZING ~ AND ,e,~MINIS~,A TIVE ACTIONS; PROVIDING FOR CONFLICTS; ~ FOR SEV1F_RABSJI~; AND PROVIDING FOR EFFECTIVE DATE. NAIVE ADDRESS (not NAME ADDRESS NAME ADDRESS (not mandato~) NAME ADDRESS (no~ m, anda~o~) NAME ADDRESS (~ot NAME ADDRESS (net ~r -~oo,) NAME ADDRESS (r~ NAME ADDRESS (~ ~/) NAME NAME ADDRESS NAUE ADDRESS PUBLIC HEARING SIGN-UP SHEET June 2, 2004 Second Reading and Public Hearing for Ordinance No. 0-04-07 Cross Creek Volunta~ Annexation AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. NAME ADDRESS (not manda~y) ADDRESS (not mandato~) NAME ADDRESS (r~t mandatory) NAME ADDRESS (not ma~dato~) NAME ADDRESS (not mandato~y) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatoO,) NAME 'ADDREss(notmanda~y) NAME ADDREsS~mandato~ NAME ADDREss(notmandato~ NAME ADDRESS (not mandatory) NAME ADDRESS(notmandaa~/) PUBLIC HEARING SIGN-UP SHEET June 2, 2004 Second Reading and Second (Adoption) Public Hearing for Ordinance No. O-03-16 Cross Creek Comprehensive Land Use Plan Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREE'[ ~l AS CROSS CREEK SUBDIVISION; AUTHORIZING FINDINC_.-.-~ AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIU']¥; AND PROVIDING FOR EFFECTIVE DATE. NAME ADDRESS 'not mandatory) NAME ADDRESS'notma~dato~) NAME ADDRESS~tmar~o~y) NAME ADDREss~otmendato~) NAME ADDRESS NAME ADDREss hotmandato~) NAME ADDRESS NAME ADDRESS ~ot mandatory) NAME ADDRESS NAME ADDRESS~otmandatory) NAME ADDRESS NAME ADDRESS(notma~dato~) QUASI-JUDICIAL PUBLIC HEARING SIGN UP SHEET JUNE 2, 2004 Second Reading and QUASI-JUDICIAL Public Hearing for Ordinance No. O-04-12 Sebastian Crossings Rezoning/PUD Conceptual Development Plan AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD- R) AND COMMERCIAL GENERAL (cg) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CRO,C~INGS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NAME ADDRESS (net mandatory) FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME NAME ADDRESS (net mandatory) ADDRESS (not mandatory) (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME NAME ADDRESS (not mandatory) ADDRESS (net mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS 'not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) ADDRESS (not mandatory) (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FO R/AGAI N ST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ PUBUC HEARING SIGN-UP SHEET June 2, 2004 Second Reading and Second Public Headng for Ordinance No. 0-03-24 Sebastian Crossings Comprehensive Land Use Plan Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DES~d~ATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND GENERAL CC..f..~JERClAL (CG) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW-DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-1) FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOO~ KNOWN AS SEBASTLa, N CROSSINGS; AUTHORIZING FINDINGS AND ADMINI$ I ~,ATIVE ACTIONS; PROWDING FOR CONFECTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR P_.H-t~C~J iv~E DAI~E. NAME ADDRESS {not mandatoq,) NAME ADDREss NAME ADDRESS(notmandato~y) NAME ADDRESS(notmandato~ NAME ADDRESS(notman~am~) NAME' ADDRESS(n~mandatory) NAME ADDRESS (not mandato~) NAME ADDRESS (not mandatoO,) NAME ADDRESS (no~ mandatory) NAME ADDRESS cno~mandatory) NAME ADDRESS (not mandato~) NAME ADDRESS (not PUBLIC HEARING SIGN-UP SHEET June 2, 2004 Second Reading and Public Headng for Ordinance No. O-04-11 Sebastian Crossings Voluntary Annexation AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 60 ACRES, MORE OR LESS, EAST AND ADJACENT TO SEBASTIAN RIVER MIDDLE SCHOOL KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFUCT; PROVIDING FOR EFFECTIVE DATE. NAME ADDRESS NAME 'ADDRESS~n~) NAME ADDRESS ~not mandatory) NAME NAME NAME ADDRESS ~ot mandate/) ADDRESS ~otmendato~) NAME NAME NAME ADDRESS ADDRESS 'ADDRESS mot mandafo~) ~ mandato~) NAME NAME ADDRESS ADDRESS NAME NAME ADDRESS ADDRESS ~ mandatoq-) ~ ma~atory) ~-,ot mandatory) PUBLiC HEARING SIGN-UP SHEET June 2, 2004 Second Reading and Public Hearing for Ordinance No. O-04-13 River Oaks Preserve Voluntary Annexation AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR INi'ERJM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFUCT; PROVIDING FOR AN EFFECTIVE DATE. ADDRESS (not mandatory) NAME ADDRESS (not mandatory) NAME ADDRESS(notmandatoq~) NAME ADDRESS (not mandatory) NAME ADDRESS (rot rnandatoo~) NAME HAME NAME NAME NAME NAME' NAME ADDRESS (not mandak~y) ADDRESS (not nmndato~) ADDRESS (not mandatory) ADDRESS (not ADDRESS (n~ma~ato~y) ADDRESS (no~) ADDRESS (n~ mandatoo,) NAME ADDRESS (not ma, x~q,) QUASI-JUDICIAL PUBLIC HEARING SIGN UP SHEET JUNE 2, 2004 Second Reading and QUASI-JUDICIAL Public Hearing Ordinance No. O-04-14 River Oaks Preserve Rezoning AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. FOR/AGAINST_ NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) ADDRESS (not mandatory) (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) ADDRESS (not mandatory) (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ ADDRESS (not mandatory) (circle one) NAME NAME NAME NAME NAME NAME NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) ADDRESs (not mandatory) ADDRESS (not mandatory) ADDRESS (not mandatory) ADDRESS (not mandatory) ADDRESS (not mandatory) NAME ADDRESS (not mandatory) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAI NST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAI NST_ (circle one) FOR/AGAINST_ NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ , (circ/e one) , FOR/AGAINST_ (cirde one) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) QUASI-JUDICIAL PUBUC HEARING SIGN UP SHEET. JUNE 2, 2004 Second Reading and QUASI-JUDICIAL Public Hearing for Ordinance No. 0-04-08 Cross Creek Rezoning AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURAL 1 UNIT PER 5 ACRES (A-l) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) ADDRESS (not mandatory) 'circle one) FOR/AGAINST_ 'circle one) FOR/AGAINST_ 'circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) ~circle one) FOR/AGAINST_ NAME NAME ADDRESS (not mandatory) ADDRESS (not mandatory) 'circle one) FOR/AGAINST_ 'cimle one) FOR/AGAINST_ 'circle one) NAME ADDRESS (not mandatory) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS 'not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS 'not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS (not mandatory) (circle one) FOR/AGAINST_ NAME NAME ADDRESS 'not mandatory) ADDRESS 'not mandatory) (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME ADDRESS 'not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS ~not mandatory) (circle one) FOR/AGAINS'I_ NAME ADDRESS 'not mandatory) (circle one) FOR/AGAINST_ NAME ADDRESS NAME ADDRESS NAME ADDRESS 'not mandatory) 'not mandatory) 'not mandatory) (circle one) FOR/AGAINST_ (circle one) , FOR/AGAINST_ (circle one) FOR/AGAINST_ NAME NAME NAME ADDRESS (not mandatory) ADDRESS 'not mandatory) ADDRESS 'not mandatory) (circle one) FOR/AGAINST_ (circle one) FOR/AGAINST_ (circle one) FOR/AGAI NST_ NAME ADDRESS~notmandatory) (circle one) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-Up SHEET May 26, 2004 REGULAR MEETING "New Business" ss used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he New Subject: New Subject: Name: New Subjec~ Name: New Subject: Name: New Subject: PUBLIC HEARING SIGN-UP SHEET May 26, 2004 Ordinance No, O-03-21 - Rezoning/Conceptual Development Plan - Reconsideration Hearing from 4/14/04 This hearing is quasi-judicial AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE, NAME NAME ~-/ ADD~L~SS ' ~ ~ ADDRESS ' ~"'~A'b~)RESS ADDRESS NAME ADDRESS NAME A'DDR'ESS NAME ADDRESS Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. 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, unenforceable or unconstitutional, including the DECLARATION OF COVENANT AND RESTRICTION ONLAND contained in Exhibit "B", the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. Following its adoption and recordation of the DECLARATION OF COVENANT AND RESTRICTION ON LAND attached hereto as Exhibit "B", as well as execution of the AGREEMENT BEDVEEN THE CITY OF SEBASTIAN,, FLORIDA AND CROSS CREEK LAKE ESTATES, INC. AND DANIEL SPENCER, TRUSTEE, PROVIDING FOR THE ANNEXATION OF CERTAIN PROPERTY INTO THE CITY OF SEBASTIAN attached as Exhibit "C", this Ordinance shall become effective concurrent with the effective date of Ordinance 0-03-16. 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 Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of June, 2004. ATTEST: CITY OF SEBASTIAN, FLORIDA By: .Sally A. Malo, CMC Mayor Nathan B. McCollum City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney STATE OF FLOE)DA OF COMMUNITY DEPARTMENT "Dedicated to making Florida a better place to call home' BUSH Gavemor April 5, 2004 AFFAIRS HUGHES tri~erim Secretary The Honorable Nathan B. McCollum Mayor, City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mayor McCollum: The Department of Community Affairs has completed its review of the proposed Comprehensive Plan Amendment for the Ci~ of Sebastian (DCA No. 04-1), which was received on December 29, 2003. Copies of the proposed ame~iide,:~nt ha3~ be~n distn"buted to appropriate state, regional and local agencies for their review, amd their comments a~ enclosed. The Department has reviewed the comprehensive plan amendment for consistency with Rule 5, Florida Administrative Code (F.A.C) and Chapter 163, part ri, Florida Statutes (F.S.) and has prepared the attached Objections, p,.ecommendations, a~d Commellts (ORC) ~.eport which outlines our findings concerning the comprehensive plan amendment. Our objections are the lack of dam and analysis for public facilities mud environmentalprotection. Our findings and recommendations concerning this matter are set forth in more detail in the attached report. We are available to disCUSs our concerns and would like to work with your staff to review proposed revisions te resolve the issues prior to adoption of the proposed amendment We have also included copies of local, regional and state agency comments for your consideration. Lfyou or your smffhave any questions or if we may be of further assismuce, please contact Ken Metcalf, AICP, Regional PlarminE Administrator, or Dan Evans, Planner at (850) 922-1805. Sincerely, Valerie ~. Hubbard, AICP Director, Division of Community Pla~ning VJH/des Enclo~: Review Agency Comments cc: Mx. Michael Busha, ExecuXive Director, Treasure Coast Regional. planning Council 253S S HUM'~kRD OAK BOULEVARD o TALLAHASSEE, FLORIDA 32399-2100 Ph. one: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: httn://www.dca.~tate.[J.us TRANSlVlr r l'-4J.~ PROCEDURES 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 compreh{msive plan amendments is outlined in s. 163 3184, Florida Statutes (F.S.), and Kule 9J-11.011, F.A.C. The City must ensure that all ordinances adopting comprehensive plan amendments are consisterit with the provisions of Chapter 163.3189(2Xa), F.S. Within ten working ~ays of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehems'ive plan amendments; A tistiag of additional changes not previously reviewed; A listing of findings by the local governing bodY, if any, which were not included in the ordinartce; and A statement indicating the ~[ationship of the additional changes to the Department~s Objections, Kecommenaatiom and Coram~ts Keport · .... : · ' are r~uired for the Department to conduct a ihe above 'mandment and dooumentatmn appropriate notice of intent. compliance review, make a compliance determination and issue the In order to expedite the regional planning council's re~riew of the amendments, and pursuant to Kule 9J~ 11..011 (5), F .A.C., please provide a copy of the adopted amendmemt directly to the Executive Director of the Treasure Coast Kegional plmmin$ Council. please be ad,~ised that Section 163.3184(8Xc), Florida Statu~; requires the Department te provide a courtesy information statement regarding the Depar~manf s Notice of Intent to citizens who finnish their names and addres,~s ~t the local §ovemmanfs plan amandmant tran.~mittal (propoSed) or adoption hearings. In o/der to provid~ this courtesy information ~'mtomant, local governments are required by law to famish the ~ and addresses of the citizens reque~ing ~ information to the Department. Please proX, ide thee requix~l namas and a~l~ire~es to the Dela~rtmanI when yon transmit your adopted amen~iment paclmge for cemplinne~ r~vi~w. In the e~,ent there ar* no eiti~ns reqa~tiag this im~rma~ion, ple~e inform u~ of thi~ as well. For officiano7, we encourage that the information shezt be pro,tided in electronic format. DEPAKT]vfENT OF COMMUNI'£ f AFFAIKS OBJECTIONS, RBCOMMENDATIONS AND COMMENTS REPORT FOR TH~ CITY OF SEBASTIAN April 5, 2004 Division of Community Pla~ming This r~pon is prepared pursuant to R~e 9J-11.010 INTKODUCT[ON Tbe following objections, recommendations ~nd comments are based upon the Department's review oftbe City of Sebastian 04-1 proposed amendment to their comprehensive plan pursuant to s. 163.3184, Florida Statutes (F.S.). The objections relate to specific requirealents of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C .), and Chapter 163, Part [I, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection~ Other approaCheS may be more suitable in Sl~Cific situations. Some of these objections mas' have initially been raised by one of the other exterrml review ageucies. If there is a difference between the Dapartmenfs objection and the external agency a~visors' objection or comment, the Department's objection would ~ precedence. Each of these objections must be addressed by the City of Sebastian and corrected when the · ' Objections that are not addressed may reSult in a amendment is rcsubmit-tecl for our compliance r~vmw. determination that the amendment i~ not i~ compliance. The Depa.vmaent may ha-ce raised an objection regarding missing c~ta and malysis imms, which the local government considers not appli~able to its amandmant, if that is the case, a statement justifying its non-applicabilii'y pursuant to Rule 9~-5.002(2), F.A.C., must be submitmd. The Department will make a d~cermination on the non-applicability of the requiremealt; md [f the justification is sufficien% the objection ~-~yll~ oe coa¥:cierad addressed. The comments that follow the objections and recommandations section are advisory in ~ature. Comments will not form baseS of a determination of non-compliance. They are included to call attention to items raised by our revi~vers. The comments can be substantive, concerning planning principleS, methodology or togic, as well as editorial in nature dealing with grummar, Organizatiolh mapping, alit reader comprehension. Appended to file back oft. he Depm'tmenfs report are the comment letters from the other state review agencies and other agencies, orEsniTations and individuals. TheSe comments are advisory to the Depmt~ent and may not form bases of Departmental objections unleSs the5, appear trader the "Objections" heading in this re%oort OBJEC'~ONS, RECOiVIMY_aNDATIONS AND CONI1vIENTS REPORT PROPOSE]) COMPRF..~NSIVE pLAN A.M~I~IVI~NT crl~Y OF SEBASTIAN (DCA No. 04-1) OBJECTIONS Objeciio~ I-Public Fmcilities D~ta and Analysis The amendment is not supportad by data and analysis wkich identifies that the l~vel of service will be achieved smd maintained for sewer and potable water s?rvices, and solid waste collation; Citation Florida Statues: Section 163.3177(6)(e) Florida Administrative Code: Rule 9J-5.01 l(1)(f) Identify the current availability of potable water and sewer services, and solid waste collection within the community~ and the estimated deraaud the proposed amendment will place on that availability. Objection 2.En,ironraental Data and Analysis The amendment is not suppo~d by data and analysis which identifies the extent and type of environmentally sensitive habitats located on the Ashbury Subdivision parcel. There is no analysis, which identifies how these areas will be protc~ted fi.om development encroachment cna subsequent habitat loss. Citation Florida Smtu~: Se~ion 1633177(6)(a) Florida Administrative Code: 9J-5,006(2), 9J-5.013(1)(a) t~comrr~ndation Describe the en¥iromnentally sensitive habttats tn terms of type, locatiou, function and relative health of the eco*~ystem.. Ident~ what measures the City will use to protect thes~ areas from encroachment: coMI~W2~S B~ddential Nead There is no currcmt population projection or assessment of vacant lands to evaluate residential nend. The are the latest population projections. WithoUt current data, it latest vacaut land ns~ map is circa 1991, as The 1998 adopted EAK provides some data with regard is difficult to accurately a~sess residential need. The EAK identified a projected affordable to honsing projections, but this dala is almost ten years old. multi-family units in the interior homing needs deficit of 1,659 units. This indicates a need for additional oftbe City~ The subject ~mendm~ats do not address mutt/-fanfily need. The amendments should be supported by a needs analysis, confirming lhe need for additional acreage to meet single-family ne~/ds and to address how the City intends to address multi-family needs. Urban Service Boundary For future amendments, the City should consider providing · map, which clearly delmeams the location of the City's Urban Service Boundary. Tiffs would allow the City and Department to betler understand which land tracts ~re appropriate for future annexation. CONSISTENCY VfiTI{ Tile STATE COMP]~,,I:FF,,N$IVE PLAN The amendment is not consistent with the following provisioas or,he State Comprehensive Plan Chapter 187, F.S.: Water Kesources (7)(a)(b) Natural Systems and lt. ecreational L~nds (9)(a)(b) H~?~rdous and No h~?~rdous Materials and Waste (12Xa)(b) Public Facilities (17)(aXb) Florida Department Transportation JEB BUSH DIREC-~OR O1~ TRANSPORTATION DEVE~O~PlVIENT JOSE ABREU GOV~OR 3~ W~ C~ B~t~, F~ ! *~ ~da 333~-~21 SE CR~Y 2555 S~mard O~Bo~ ~ ~ ~i?~. - ........... Tatlabnss~e, FL 32399-2100 Dear lvlL Eubunk~' SUBJECT: Proposed Comprmhensi~e~ia~{i Zmendments ORC Review Lecal Government: City of Sebastian DCA Amendment # 04-1 En¢losefl' are Objections; recommsndafiom, and comments based on this r~v. · · Thank you for the oppommity to participate in the review process. If you have any comments or questions abou~ this letter,, please contact m~ at (954) 7774490. Sincerely, Director ofTra,~ortafion Developmeat District Your GO:TS : ' Et~losurc B. Romig ~DOT C, mm~ Office K.~DCA N. Zi~l~, FDOT 4. L. Hymowitz, FDOT 4 T. S,"~_ec, kwi~ FDOT ,4 DISTRICT 4, DF_,PAR~ OF TRANSPORTATION OB3~,~ONS, RECO~ATIONS & COMM]~NTS Various annexed parcels Furore Land Use Element DCA. A.mevrlment # 04-1 R~ ~LE DEFIcIt~C¥: The five.proposed Future Land Use araendm~nt-% which include Cross Creek Subdivision Ord. # 0~03- 16, The Spencer Project Ord. ~03-18, Ashbmy Subdivision Ord. ~4)-03-20, Sebastian Crossings Ord. ~0-03-24, and River Oaks Preserve Orch ~)-03-26, would claa~Lze the designated land use from County Low Residemial to C~i7 ! .owP. e~demial desig~atio~ condOm"rs: ,Th~ ~oc~on ~l~io~a, of th%. ~,~.~ed ~.~ .to t~e u~,,n s,~c~. ,~ Boundary is not depicted. RL:WIEWED BY: REVIEWED BY: REVIEWED BY: Terry Sch~kwitz. AICP Larry Hv:mowim AICP Nimev A- Zie~ler PHONE: PHOI',IE: PHONE: 954-777 ~a. 90 954-777-.4490 954-777-4490 Job Bush Department of Environmental Protection Marjo~ Stoneman Douglas Building 39{30 Commonweaith Boulevard, MS 47 Tallahassee, FIodda 32399-30(30 March 5, 2004 Colleen M. Casfille Secretary Mr. Kay Eubanks Flodd~ Department of Commumty Affairs Plan Keview and DRI Processing Team 2555 Shumard Oak Boulevard Tallahassee, Florida 323 99-2100 "P,E: City of Sebastimh 04-1, Compreherm~ve Plan Amendment ORC Keview Dear Mr. Eubanks: of the Florida Depax[ment of Environmental The Office of Intergovernmental Programs proposal under the procedures Protection (IZDEP) has reviewed the above-referenced amendment 0f Chapter 163, Florid~ Statutes, and Chgptem 9~-5 and 9J;LL ,,Florida Admini.m'a~v~ Code, mad we ~ve the'following comments, and suggestions: The proposed amendment would change the land use desi~tion on five parcels to Sebastian Low D~n-~ity Residential (up to 5 duJacre). The sites range from 38 acres to 152 acres. Water and sewer will be available at ali sites. Comments & Recommendations: According to information in the amendment package 16 acres of wetlands are present on the 56 acre parcel known as Ashbury Subdivision. There appear to be no wetlands on the other underlying a considerable portidn of all of the parc, ds are generally poorly parc. eh..The soils . . - .. ' ' . the Still'SurVey of Indian River t, ounty: as ~vu,s ~ .... - · high.v~ter table during rainy periods. Development of these parcels and adjacent flood zone areas may hydrologically affect and likely reduce tatural watershed functions such as the collection, storage,, filtering and discharge of runoff. As a result, non-point soUrce runoffinto the Sebastian River watershed will be an issue of concern. The Departmem recommends that the applicant consider a full range of planning sudaces and ch~t~ structures away ~om open space for a common view in accordance w/th Rui¢ Ray Eubanks March 5, 2004 Page 2 should'be'designed to ma/main the natural predevelopment hydro-period/nd-water quality, .as well as~o protect the namiai functions 0fthe adjacent ~vetlands. Prior.to ~na!~ing'infrastructure development plans for the subject parcels, we recommend that' delineation and water management district verification of the laadward extent of wetlands and surface waters be obtained, ~ accordance with gthdehnes of Rule 62-340, F.A.C. Wetlands within the parcel should designated "Conservation" to prevent encroachment after initial construction, even if surrounding land use desi~'nati, ons are later amended. ' Thank you for the opportunity to comment on this proposal. [fi may be of further assistance, please call me at (850) 245-2172. Sincerely, Suzan/ie E. Ray Environmental Spedalist FLORIDA DEPARTMENT OF STATE FebruarY 20, 2004 2ffJ Sh~d O~ Boul~d T~l~ss~, ~ofida 32399-2100 Dear Mr. Bubankst · Aecol-di~ e t0 this agency's ~ponsibil~e~ Under sections '163 3-177 ~md. ~63-} I78,.-F/oHda : ·. ~tatUt.s ~ld.i ~ter gj: },' :Flo~ida i~l~m~i~trative code,'we r~iewed th~ ibOwe document lO · deice if data regarding historic resoUrCei' have b~en give~ sufficient'd0nsidemfi0n in the -' request to amend the Sebaslia=. Comprehensive Plan. We reviewed five proposed amendments to the Future Land Use Map to consider the potential. effects of this action on historic resources. Although none of the five tracts eollmln any sites listed in the Florida Master Site File or the Natfonal Register of Hfstoric Places, it remains the city's responsibility to ensure that potentially silFtificant historic resources will not be adve~rsely affected by these actions. All five parcels, particularly The Spencer Project anrl River Oaks Preserve parcels, appear to have at least moderate archaeological site probability. The most effective Way to guarantee'that such sites are not damaged is for the city to sponsor or require historic resource surveys so that it can ensure iB archaeological resources and historic structures If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance P..eview.staff at (850) 245-6333. St. Johns Rive W--- ate/IV anagemenr Distr!ct ir,~t.B. Omen lit, E~,ecufiye ;3momr . ~d~F~.~N ~ ~ .... 4~9 Re, Strut ' EO.~t42g · ~b~, FL32178-1~9 · (3~) 329?500 On t~ lntemet at m~d.~ .. -' ... , · D. Ray EnbankS, AdminL~ra~or Plan Review and Proc~ing ~55 Shuma~ Oak Boul~va~ Tallahm~ed FL 3~-2 } 00 ~o~2d Comprehensive Plan A~nd~nt ~A A mend~nt ~ Scb~ian ~1 Dear Mr. Euhankx: Si..lobes River Water Maaagen~mt Dis{riel (District) planning stuff have mvie~ t~ a~e-mfemnced plan a~d~t Whe pr~ a~nd~nt co~Ss~ office ch~s to pmpt~ co[npmhe~si~e - ' 's Dimdct stuff com~mS a~ provided ~low. Se~ -' ~mam ~ use ~. ~ he D~stfict ~aff review f~6~ ~ ~able water amil~iliD' and mlat~ water r~ou~ is~ link I~d u~ ~ning ~d ~amr supply planning. In ~ mvi~ of ~ter supply avail~ility. ~stfict . . - all--lion ~der eons~mpt ~c u~ ~mil~. ~ mu~..~g City,s staff m~s . · .- - ,Ri~r County ~ thty ~&m ~s.~ao.~--~ . 2~..a~ '~n~ ~f the. in~o~tio ~d~te lnd~ ~ . ~ ~-'¥s sB~ithal ~o~ d~d m'~, ................ g .... thc futura land t~ ch~. [ ne ~hy - water m~ly availability ~t is ~&d for Dimfict st~ to a~uately mvi~ fl~ a~n~nt. District s~5 ~ ~mst~ a~itlm~al in~omation from ~e City's staff, incl~ing a ~un~r~x. mp~ of ~y ~[q ~n the City a~ t~ ~umy ~or t~ ~vlsion ~itv off the ~ter t~t pl~ ~j~ ~ calculauons a~n~t~le m the f~ l a~ use c~n~, 2~3 w~r u~ in [o~ ~,~. 2~ ~vth ~t lon, and a m~ed c~amty ml~latmn If he req~ infomtion ~ ~v~ed, D~fi~ ~aff will e~o it ~d fo~d ~dmonfl c~nts to ~ . opp~unity m ~vi~ c~ms. I[ y~ ham ~y q~ions, pie~ comet Dk~ffi~ ~li~ We app~iate the ~431 I ~ l~rouW ~.~nemtLcom. Anal~ ~er ~mwn at 3~32~31 IIS~c~ . .[ LB/PB cc: Tracy Ha.*,.,;. City of Seba.qtm Michael Bu~shn. TCRPC Linda McDowell, FDEP left Cok=, SJ RWlvlD Margt~rita Earl, SJRWMD Offi~. of Commumcat ~on.g an [ February g0, 2004 Mr. charles QauL¥fier Chief Bureau of Local planning Depa.q~ent of. Community Affairs 2555 shurnmard O~k Boulevard Taltthassee, FL 32399-2100 subject: City Of Sebastima Comprehensive Plan Council has reviewed the at)ov¢-~ ..... , ,- .... ~l'~ ado~tea p~ans, pu~,.~ , and requircment~ of Chapter 163, Florida Statutes ana ,..om ........ review procedure. Enclosed is a copy of our report as approved by Cotmeil at it~ regular meetLug on February 20, 2004 pursuant to Section 163.3184, Florida Statutes. If you have any quesfi9ns, please feel [tee to call mc. Sincerely, ess, AICP DepUty Director TLl-llwh Attaclxment AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA AND CROSS CREEK LAKE ESTATES, INC. AND DANIEL SPENCER, TRUSTEE, PROVIDING FOR THE ANNEXATION OF CERTAIN PROPERTY INTO THE CITY OF SEBASTI:~N THIS AGREEMENT is made and entered into this ~ ~ day of' ,~.~ ~ ,2004, between the CITY OF SEBASTIAN, FLORIDA, u municipal corporation of the State of'Florida, ("Sebastian" or "City") and CROSS CREEK. LAK2 ESTATES, INC., a Florida Corporation, (successor to Henry Andrew Fischer) and DANIEL SPENCER, Trustee of that certain Testamentary Residual Trust under the Will of'Henry H. Schact, (collectively "Property Owners"). WITNESSETH: WHEREAS, Property Owners are the owners of the re~! pr.~oe~y~!~cated in unincorporated Lndian River County, Florida, which is legally described on Exhibit "A" attached hereto and which is known as CROSS CREEK LAKE ESTATES ("Cross Creek"); and WHEREAS, Cross Creek is contiguous to the municipal boundaries of Sebastian; and WHEREAS, Sebastian desires to armex Cross Creek into its municipal boundaries and said atmexation would not result in the creation of any enclaves, and the annexation of Cross Creek will be in the best interests of Sebastian and its residents; and WHEREAS, Sebastian can provide the necessary general government, non-proprietary services normally being provided to its residents, such as police protection, code enforcement, building and zoning services to Cross Creek as needed; and WqtEREAS, City and Property Owners support the annexation of Cross Creek into the City and the City is willing to enter into this Agreement pursuant to the authority of the Florida Constitution (including Article VIII, Section 2(b) and 2(c) thereof), the general powers conferred upon municipalities by statute and otherwise (including Chapter 166 and Chapter 171, Florida Statutes) and the City's Charter; and WHEREAS, Sebastian and Property Owners desire to establish a~eements relating to land development, upon the armexation of Cross Creek into the City of Sebastian. NOW THEREFORE, the parties agree as follows: The foregoing recitations are true and correct and are incorporated herein by reference. 2. Sebastizm and Propeay Owners are proceeding with the voluntary annexation of Cross Creek into the City of Sebastian. Upon the annexation of Cross Creek into the City,, this Agreement shall govern the parties' fights and obligations regarding Cross Creek as to the matters provided for herein. 3. The parties a~ee to pro?pt~'.' ~nd diligently pursue an amendment to Sebastian's Comprehensive Land Use Map to accommodate the land uses of Low Density Residential (LDR). After the Map amendment has taken effect, Sebastian agees to cooperate with Property Owners in the rezoning to Single Family Residential (RS-10) and issuance of other development orders (permits) necessary for the development of Cross Creek. It is contemplated by the parties that the full development of Cross Creek will be undertaken in phases and extend over a number of years. 4. The access to Cross Creek will be from Barber Street then South on 70th Avenue (Power Line Road). The City of Sebastian has requested that Power Line Road be improved from Barber Street South to the Southern boundary line of the Fischer Property as described in Exhibit "A" (the "Improved Area"). The Property Owners agree to be responsible for the cost of improving 70th Avenue (Power Line Road), within the Improved Area, as described in Exhibit "B" attached hereto. The City further agrees that it will not require the Property Owners to improve 70th Avenue (Power Line Road) South of the Improved Area. 5. The City agrees that if the Improved Area is not already within the City limits, the City 2 will be responsible for taking all action necessary to aratex the Improved Area into the City within 90 days from the effective date of Ordinance 0-04-07 (the "Annexation Ordinance"). With the Improved Area being within the City limits and the land on both sides (East and West) of the Improved Area lying within the City limits, the City will control this section of 70~h Avenue (Power Line Road) and the City's design standards for City streets will apply to the design and construction within the Improved Area. See City design standards attached hereto as Exhibit "C". The City agrees that the location of the Improved Area shall be within the existing stabilized roadway area that is currently being maintained, which is in the Eastern portion of the existing right-of-way for 70t~ Avenue (Power Line Road). The Improved Area will be located and designed such that the existing power transmission poles belonging tm Fle..4da Power & Li~at within its easement as recorded in Official Records Book 521, Page 406 of the Public Records of Indian River County, Florida shall remain in place and not need to be relocated. Daniel Spencer, Trustee, as owner of Parcel II described in Exhibit "A", agrees to dedicate and convey without charge to the City, sufficient land as required by the City, within the area occupied by the Florida Power & Light easement for its power poles, along the Eastern boundary of the property, in order to accommodate the design of the Improved Area. 6. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in or incorporated into this document. 7. All notices, demands, requests or replies provided for or permitted by this Agreement shall be in wr/ting and may be delivered by one of the following methods: A. By personal delivery. B. By deposit with United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below. Notwithstanding these requirements, there must be written acknowledgment of receipt of notice. For purposes of notice, demand, request or payment, the address of the City shall be: The City of Sebastian 1225 Main Street Sebastian, Florida 32958 The address o f the Property Owners shall be: c/o Henry Andrew Fischer Fischer & Sons, Inc. P. O. Box 780068 Sebastian, FL 32978 with a copy to: Warren W. Dill, Esq. Dill & Evans, P.L. 1565 U.S. Highway 1 Sebastian, FL 32958 Daniel Spencer, Trustee c/o Steven Lulich, P.A. P.O. Box 781390 Sebastian, FL 32978-1390 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. The date of this Agreement shall be the date on which this Agreement xvas approved by the City' of Sebastian. CITY OF SEBASTIAN By: Title: Typed name of Officer: PROPERTY OWNERS: Cross Creek Lake Estates, Inc., a Florida Corporation t~Ienry A/ndrew Fischer, its President D ani~l~g b-eraSer, Tru~ee STATE OF FLORIDA COUNTY OF INDIAN RXVER The foregoing instrument was acknowledged before me this day of 2004, by , as of the City of Sebastian, Florida, a municipal corporation existing under the laws of the State of Florida, on behalf of the City, who is personally known to me or who has produced as identification. Notary Public My Commission Expires: My Commission Number is: "SEAL" STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of . ~/r/~_, , 2004, by Henry Andrew Fischer, as President of Cross Creek Lake Estates, Inc., a Florida Corporation, on behalf of the corporation, who is personally known t_.___o me or who has produced as identification. Diana C. Hill MYCOMMISSlON# D004.~145 EX~IRES September 7, 2005 My Commission Expires: My Commission Number is: "SEAL" STATE OF FLORIDA COUNTY OF INDLAN R_IVER The foregoing instrument was acknowledged before me this ~ day of x.T_~ e_. , 2004, by Daniel Spencer, Trustee, who is personally known to me or who has produced as identification. Notary' Public My Commission Expires: OS-O! - My' Commission Number is: OD "SEAL" Doris J. Grant ~ COMe'ION ~M~y 1, DD10148~2006 ~MRES 6 OFFICE OF TIlE CITY NTFORflEY To: Mayor and Council /~ From: Rich Stringer, City Attorney ~ Date: May 21, 2004 J Re: Spencer Development; rehearing procedure A request to reconsider the Spencer Development action from last meeting has been placed on the agenda for the May 26t~ meeting. I have been asked to explain the preferred procedure for addressing this. Any member that voted "no" on Ordinance 0-04-09, or the absent member, can move to reconsider. That motion would be worded: "I move to reconsider Ordinance 0-04-09 on first reading." Any councilmember may second the motion. Unlike the reconsideration of a public hearing item, which would require Public Notice and therefore has the rehearing scheduled at a future date, the reconsideration of a first reading would occur immediately if the motion passes. Following the first reading of the ordinance, the motion to approve would be worded: "I move to pass Ordinance 0-04-09 on first reading and ,set a public hearing date of June 9, 2004." If Ordinance 0-04-09 is successful on first reading, any member may move to take the rezoning Ordinance O-04-10 off the table. That motion would be worded: "I move to take Ordinance O-04-10 off the table for first reading at this time." If this motion passes, then the first reading of the Ordinance would occur and, it being quasi-judicial, it would be advisable that no evidence, etc., be taken...just pass on first reading and set the public hearing. The motion to approve would be worded: "I move to pass Ordinance 0.04.10 on first reading and set a public hearing date of June 9, 2004." Staff is contacting the Department of Community Affairs to get a short-term extension of the time limits for resubmittal of the land use package. That should not be a problem. If the reconsiderations lead to passage on first reading, the Public Notices can be published in time to set public hearings for the regular meeting agenda of June 9, 2004. Cc: City Clerk City Manager Growth Management EXHIBIT "A" (Legal Descriptions) Parcel I - Corporation (Fischer) Property The below described property is owned by Cross Creek Lake Estates, Inc. South 1/2 of the Northwest 1/4 of Section 30, Township 31 South, Range 39 East, Indian River County, Florida. Parcel II - Trust Propert¢' The below described property, is owned by Daniel Spencer, Trustee of that certain Testamentary Residual Trust under the Will of Henry H. Schacht: The Northeast 1/4 of the Southwest 1/4, EXCEPTING THE WEST 5 ACRES THEREOF, in Section 30, Township 31 South, Range 39 r~ast; .~.ndian River Count, Florida. EXHIBIT Exhibit "B' (Improved Area) EXHIBIT "C" (City Design Standards) A qualified and experienced registered Professional Engineer in the State of Florida, shall engineer the design for the Improved Area, which design shall be presented for review and approval by the City and shall be consistent with the appropriate provisions and intent of the specifications set out by AASHTO/FDOT, the MUTCD, the City Land Development Code, the Cig,' code of Ordinances and the terms of this Agreement. I, Jeanette Williams, do hereby certify that this is a a'ue and correct copy of Ordinance No. 0-04-07, as adopted by the Sebastian City Council on June 2, 2004. /~anette Williams Please return to: City Clerk's Office asaa?o3 , t~ . ~ ' ~ · / City of Sebastian THIS DOCUMENT HAS BEEN RECORDED 1225 Main Street ~N THE POet. K: RECO~O~ O~ -< ¢13 [ 0 '(', ~ . C) ... INDIAN RIVER COUNTY FL ~,., -- , , ,,-.-* . ,= , .- Sebastian, FL 32958 BK: 1746 PG:430, Page1 of O~llS/2Oe4 al 10:~ AM, JEFFREY K BARTON, CLERK OF ,~ ORDINANCE NO. 0-04-0'7 , AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED ALONG PO'WERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer, the owner of the parcel of property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and deterrrdnes that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated temtory of the City;, and WRIr, REAS, the City Council of the City of Sebastian, Flor/da, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THF, REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: The South V2 of the Northwest ¼ of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, LESS the East 35 feet thereof for fight-of-way AND ALSO the Northeast % of the Southwest ¼, excepting the West 5 acres thereof, in Section 30, Township 31 South Range 39 East as shown on the map attached hereto as Exhibit "A", containing 115 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy nfthis ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith .are hereby repealed. Section 5. SEVERABII,ITY. In the evem a court of competent jurisdiction shall, hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, .including the DECL,4RATION OF COVENANT AiVD RESTRICTION ONLAi¥-D contained in Exhibk "B", the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance withom such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. Following its adoption and recordation of the DECLARATJON OF COVENANT A3fD RESTRICTION ON LAND attached hereto as Exhibit "B", as well as execution of the AGRF~EMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA AND CROSS CREEK LAKE ESTATES, INC. AND DANIEL SPENCER, TRUSTEE, PROVIDING FOR THE ANNEXATION OF CERTAIN PROPERTY INTO TIlE CITY OF SEBASTIAN attached as Exhibit "C", this Ordinance shall become effective concurrent with the effective date of Ordinance 0-03-16. The foregoing Co~i~lio Heptins tall Ordinance was moved for adoption by Councilmember The motion was seconded by Coun¢ilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum aye Vice-Mayor $oe Barczyk ave Councilmember Ray Coniglio aye Councilmember Lisanne Monier aye Councilmember Michael Heptinstall aye The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd day of June, 2004. i .- ATTEST: CITY OF SEBASTIAN, FLORIDA Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, C'W~Attomey EXHIBIT "A "' DECLARATION OF COVENANT AND RESTRICTION ON LAND Exhibit "B" Page 1 of 2 THIS DECLARATION, made as of the date set forth below by Henry A. Fischer, hereinafter referred to as "Declarant", governs the use of the following described land lying and situate in Indian River County, Florida: The South ½ of the Northwest ¼ of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, LESS the East 35 feet thereof for right-of-way AND ALSO the Northeast ¼ of the Southwest ¼, excepting the West 5 acres thereof, in Section 30, Township 31 South Range 39 East contain/rig 115 acres more or less, and provides that WHEREAS, Declarant is the owner of the Land as described above, which Declarant seeks to annex into the City of Sebastian, Florida, NOW THEREFORE, Declarant hereby declares that all of said Land described above shall be held, sold and conveyed subject to the following restrictions and covenants, which are for the purpose of protecting the value and desirability of the Land, and shall run with said land and be binding upon all parties having any right, title or interest in the Land or any part thereof, their he/rs, successors and assigns, and shall accrue to the benefit of each owner thereof: For a period often years from the date of annexation o£the Land, Declarant, its heirs, successors or assigns, covenant that they shall not apply to rezone the Land, or otherwise seek to change the use of said Land, in any manner that results in a residential use density greater than 3 units per acre. The City of Sebastian is designated as a third-party beneficiary of these Covenants and Restrictions, and Declarant stipulates that said third-party beneficiary shall be entitled to refuse any application or Exhibit "B" Page 2 of 2 proposal submitted in violation of these Declarations without recourse by Declarant. IN WITNESS WHEREOF the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its duly authorized officer, as of this day of ,2004. Signed, sealed & delivered In the presence off Henry A. Fischer, Declarant Printed name: Wimess Printed Name: Printed Name: Witness STATE OF FLOP, IDA COUNTY OF INDIAN KIVER I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared Henry A. Fischer, Declarant, to me known to be the person described in the foregoing instrument or who provided as identification, who executed the foregoing instrument and acknowledged before me that he executed the same. Said person was not under oath. WITNESS my hand and official seal this day of ,2004. Notary Public My Commission Expires: