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HomeMy WebLinkAbout12142005 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 14, 2005 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Vice Mayor Burkeen. 3. The invocation was led by Father John Morrissey, S1. Sebastian Catholic Church. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Santa Claus (left the meeting at 7:13 p.m.) City Council Absent: Council Member Sal Neglia (excused - arrived at 7:20 p.m.) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Police Chief, Jim Davis Acting Growth Management Director, Jan King Zoning Technician, Dorri Bosworth Parks Supervisor, Chris McCarthy MIS Systems Analyst, Barbara Brooke Regular City Council Meeting December 14, 2005 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-05-26) Mayor McCollum requested addition of item E under Presentation for the Mayflower Society and a Champion Tree designation for Council approval under item 9.C.iv., which, if approved, would be presented in the form of a proclamation on January yth at the Champion Tree Clinic. On MOTION by Santa Claus and SECOND by Ms. Monier, the items were added as requested on a voice vote of 5-0. 6. PROCLAMATIONS. ANNOUNCEMENTS, PRESENTATIONS A. Certificate of Appreciation to Thom Gillette. Chainsaw Carving Originals - Gift to President George W. Bush from City of Sebastian for Assistance Following 2004 Hurricanes Mayor McCollum presented Mr. Gillette with a certificate of appreciation for his donation of the carved pelican for President Bush and advised him he would be receiving recognition from the White House. 05.166 B. Certificates of Appreciation for Holiday Parade to: GFWC Sebastian River Juniors and Woman's Club - Teddy Hulse, Ann Richter, and ?? Messersmith Sebastian River Area Chamber of Commerce Staff - Not Able to be Present Sebastian Property Owners Association - AI Paternoster Mayor McCollum presented representatives of the organizations with certificates of appreciation for their participation in re-establishing the holiday parade on Indian River Drive. 05.076 C. Certificate of Appreciation to Henry Madsen for Tree and Landscape Advisory Committee Service Mr. Madsen could not be present to receive his certificate of appreciation. 05.070 D. Certificate of Appreciation to Hank Buchanan for Code Enforcement Board Service Mr. Buchanan could not be present to receive his certificate of appreciation. E. Mayflower Society Presentation to Mayor McCollum Dan Dragonetti presented Mayor McCollum with a certificate of appreciation on behalf of the Mayflower Society for his efforts for the citizens of Sebastian. 2 I 05.163 1 3-8 9-22 05.227 23-34 05.228 35-38 Regular City Council Meeting December 14, 2005 Page Three Mayor McCollum called recess at 7:13 p.m. and reconvened the meeting at 7:20 p.m. At this time Santa Claus was excused from the meeting and Mr. Neglia arrived. Mayor McCollum requested another roll call. City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia 7. ELECTION MATTERS A. Proclamation CallinQ March 14, 2006 General Election Mayor McCollum read the proclamation calling the election. B. Resolution No. R-05-45 - Designating Polling Places, Offices, and Questions, AuthorizinQ Publication, DelegatinQ Authority for Administration (City Clerk Transmittal 12/14/05, R-05-45) -A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE OFFICIAL POLLING PLACES, OFFICES TO BE FILLED AND QUESTIONS TO BE DECIDED DURING, AS WELL AS AUTHORIZING PUBLICATION OF NOTICE AND DELEGATION OF ADMINISTRATION FOR, THE GENERAL ELECTION TO BE HELD ON MARCH 14, 2006; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. On MOTION by Ms. Monier and SECOND by Mr. Burkeen, Resolution No. R-05-45 was adopted on a roll call vote of 5-0. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - Regular Meeting 11/16/05 B. Purchase Four 2006 Ford Crown Victoria Patrol Vehicles from Duvall Ford Under Florida Sheriff's State Contract #04-12-0823 in the Amount of $96,768 (PD Transmittal 12/2/05, Quote, Spec Sheet) C. Accept Donation from Mrs. Arden Greer in the Amount of $17,665 to Purchase 2006 Harley-Davidson Road King Police Motorcycle from F1. Lauderdale Harley-Davidson Utilizing Florida Sheriff's State Contract #04-12-0823 (PD Transmittal, Quote, Spec Sheet) 3 05.229 39-48 05.230 49-58 05.231 59-60 9. 05.154 61-70 Regular City Council Meeting December 14, 2005 Page Four D. Purchase Montrose Restroom from CXT Precast Products of Spokane, WA for Riverview Park Based on GSA Contract in the Amount of $88,551.32 (Public Works Transmittal 12/6/05, Quote, Chart) E. Award Bid to Ardaman and Associates for Limited Contaminant Assessment Report (LCAR) for the Public Works Compound Underground Storage Tank - In an Amount Not to Exceed $16,718.50 from General Fund Contingency (PW Transmittal, DEP Letters, RFP Submittals) F. Authorize Payment - Waste Management Invoice for Hurricane Solid Waste Pickup for Non-Subscribing Customers - $ 5,574.93 (FEMA Reimbursement) (City Manager Transmittal, WM Invoice) Ms. Monier removed item D. On MOTION by Ms. Coy and SECOND by Mr. Neglia, items A, B, C, E and F were approved on a roll call vote of 5-0. Item D Ms. Monier expressed concern for the appearance of the building and requested lots of landscaping. Mr. Neglia expressed concern for appearance and questioned why a local vendor was not sought or why the building could not be built on site. The City Manager and Parks Supervisor responded to concerns regarding the bidding process, noting this is a piggyback purchase, that the building should withstand hurricanes, and that it will be placed on gravel. The City Manager was directed to bring the item back for landscaping input before it is installed. On MOTION by Ms. Monier, and SECOND by Mr. Neglia the item was approved with the addition of an extreme amount of landscaping and perhaps a cupola or some other architectural appurtenance on a roll call vote of 5-0. COMMITTEE REPORTS/RECOMMENDATIONS A. Code Enforcement Board i. Receive Orders in Accordance w/Code - No Action Required (City Clerk Transmittal 11/29/05, Orders) Orders were received in accordance with the Code of Ordinances. 4 05.019 71-80 05.076 81-98 05.181 99 Regular City Council Meeting December 14, 2005 Page Five B. Temporary Environmental Advisory Committee (City Clerk Transmittal 11/21/05, Two Applications, Member List, Ad) i. Interview, Unless Waived, and Appoint ReQular Member Position With Term to Expire 4/1/2007 by SubmittinQ Nominations City Council interviewed James Stattery. Kristi Yanchis was not present. Mr. Neglia nominated Ms. Yanchis Mayor McCollum nominated Mr. Slattery Mayor McCollum - Mr. Slattery Mr. Burkeen - Ms. Yanchis Ms. Coy - Ms. Yanchis Ms. Monier - Ms. Yanchis Mr. Neglia - Ms. Yanchis Ms. Yanchis was appointed as the regular member. C. Tree & Landscape Advisory Committee (City Clerk Transmittal 11/21/05, Code Excerpt, Two Applications, Member List, Ad) ii. Interview, Unless Waived, and Appoint Regular Member Position With Term to Expire 11/2008 by Submitting Nominations City Council interviewed Therese Miller. Matthew Sims was not present. Ms. Coy nominated Ms. Miller and being the only nominee, Ms. Miller was appointed. ii. Fill Alternate Position With Term to Expire 11/2008 if Appropriate by SubmittinQ Nominations Ms. Coy nominated Mr. Sims and being the only applicant, Mr. Sims was appointed alternate to replace Therese Miller. iii. Rescheduling of Champion Tree Clinic Announcement to January 7,2006 (Memo) It was noted that the Champion Tree Clinic had been rescheduled to January 7, 2006. Mayor McCollum asked Ms. Coy to present the proclamations. City Council did not object. iv. Champion Tree Designation - Preparation of Proclamation for January 7th This item was added during agenda modifications. 5 Regular City Council Meeting December 14, 2005 Page Six On MOTION by Mr. Neglia and SECOND by Ms. Coy, City Council designated a Champion tree for Helga and Allen Schofield and authorized issuance of a Champion Tree proclamation for January 7,2006 at the Champion tree clinic on a voice vote of 5-0. D. Parks and Recreation Advisory Committee 05.091 101 i. GeorQe A. Cain House/New Options/Recommendations (Memo 12/5/05) The City Manager stated there has been funding allocated in the CRA budget for the house, and with the arrival of the new Growth Management Director grant funding for the house will be pursued. Kevin Miller, Parks and Recreation member presented recommended alternatives for the Cain House as set out in the committee's report in the agenda packet. In response to Ms. Coy, Mr. Miller said there was no response to inquiries to "This Old House" and other organizations because those organizations need to know the purpose and final site will be before they commit. Ms. Monier cited the history of the location of the Cain house, stating she had always objected to location in Riverview Park, and agreed that the property could go into Jordan Park or north of the Chamber building. Mayor McCollum said he objected to the house going in Jordan Park, and that grants can be sought in any location. Mr. Miller said it was the committee's intent to maybe stir things up and get it going again. Mr. Burkeen said Council should allow the City Manager time to seek grants. Side I/, Tape I, 8:02 pm In response to Ms. Coy, the City Manager said it had been previously decided to give this a year to seek funding and that a new Growth Management Director is coming on board and seeking grants will be her priority. Ms. Coy said she would have great difficulty justifying moving the building and trusts that the City Manager will make this a top priority. Mr. Neglia said perhaps the building could be renovated into an old fish house museum. The City Manager said there is $75,000 allocated in the budget as a grant match but would have to come back to the CRA for approval. The City Manager recommended that no decisions be made tonight before the new Growth Management Director has an opportunity to seek grants. City Council agreed. 6 Regular City Council Meeting December 14, 2005 Page Seven 10. PUBLIC HEARING Second Reading of Ordinance No. 0-05-23 Community Redevelopment Advisory Committee 05.215 103-108 A. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 78, ARTICLE III, PLANNING: REDEVELOPMENT TO ABOLISH THE COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. (PJ ad, 1st reading 11/16/05) Mayor McCollum opened the public hearing at 8:04 p.m. and the City Attorney read Ordinance No. 0-05-23 by title. Being no input, Mayor McCollum closed the hearing. On MOTION by Ms. Coy and SECOND by Mr. Burkeen, Ordinance No. 0-05-23 was adopted on a roll call vote of 5-0. 05.204 109-118 B. Ordinance No. 0-05-20 - Annexation - 3.3 Acre Site - NW of CR 512 and CR 510 Intersection - S & S Enterprises, Inc.lFLP #2, LLC (GMD Transmittal 11/8/05, 0-05-20, letter, map, FS171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, NORTH OF COUNTY ROAD 512 AND SOUTH OF THE TRANS-FLORIDA-CENTRAL RAILROAD BEING A PART OF SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 11/2/05) Mayor McCollum opened the public hearing at 8:06 p.m. and the City Attorney read Ordinance No. 0-05-20 by title, noting he had handed out a copy of a revised ordinance based on information received today, including a letter dated today from Tom Vani, S & S Enterprises, Inc (see ordinance and letter attached). Mayor McCollum said that Indian River County is in full agreement with the letter. The Zoning Technician presented the application for annexation and recommended approval. Bruce Moia, MBV Engineering, Inc. presented the request. On MOTION by Mr. Neglia and SECOND by Mr. Burkeen, Ordinance No. 0-05-20 was adopted as amended by the City Attorney on a roll call vote of 5-0. 7 Regular City Council Meeting December 14, 2005 Page Eight 05.204 119-136 C. Ordinance No. 0-05-21 - Small Scale Comprehensive Land Use Plan Amendment - 3.3 Acre Site - NW of CR 512 and CR 510 Intersection - S & S Enterprises, Inc.lFLP #2. LLC (GMD Transmittal 11/8/05, 0-05-21, map, report, recommendation, application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF GENERAL COMMERCIAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAl:. INDUSTRIAL (CII) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 510 & 512; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ Ad 11/2/05) Mayor McCollum opened the public hearing at 8:10 p.m. and the City Attorney read Ordinance No. 0-05-21 by title, noting that since the previous ordinance was amended, this ordinance should be amended (see amended ordinance attached) The Zoning Technician presented the CLUP amendment and recommended approval. Mr. Moia presented the request for approval. Ms. Monier said the City's land use category would protect the land due to the City's required design standards. On MOTION by Ms. Monier nd SECOND by Mr. Neglia, Ordinance No. 0-05-21 was adopted as amended by the City Attorney on a roll call vote of 5-0. 05.204 137-154 D. Ordinance No. 0-05-22 (QUASI-JUDICIAL) - RezoninQ - 3.3 Acre Site - NW of CR 512 and CR 510 Intersection- S & S Enterprises, Inc.lFLP #2, LLC (GMD Transmittal 11/8/05, 0-05-22, map, report, recommendation, application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS LIMITED COMMERCIAL (CL) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 510 & 512; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 11/2/05) Due to the fact that this issue is quasi-judicial, Mayor McCollum disclosed previous discussions with MBV Engineering. The City Attorney read Ordinance No. 0-05-22 by title and noted change to section seven (see amended ordinance attached). 8 Regular City Council Meeting December 14, 2005 Page Nine The City Clerk swore in all those who intend to offer testimony. Mr. Moia presented the request for the applicant. The Zoning Technician presented for staff and recommended approval. On MOTION by Ms. Monier and SECOND by Mr. Burkeen, Ordinance No. 0-05-22 was adopted as amended by the City Attorney on a roll call vote of 5-0. Mayor McCollum called recess at 8:20 p.m. and reconvened the meeting at 8:28 p.m. All members were present. 05.232 155-158 E. Damian Gilliams Appeal to Planning and Zoning Denial of Paradise Resort and Marina Site Plan (City Attorney Transmittal, PJ Ad 11/29/05, Appeal Request, Also Backup from 10/20/05 P & Z Meeting IncludinQ Site Plan and Staff Chrono of Events Under Separate Cover) The City Attorney advised Council on legal procedures for the appeal and advised that there were submitted timelines in the agenda backup that were not a part of the original record that went before Planning and Zoning on October 20, 2005, and they are not pertinent to this action. He advised that it would be much cleaner from a legal standpoint to simply start over. Bruce Moia, MBV Engineering, Inc. presented the arguments for the appeal on behalf of applicant Damian Gilliams, citing alleged deficiencies with procedures for site plan approvals as the reason the site plan was denied by Planning and Zoning, and stated the plan could have been approved with conditions and variances. Side I, Tape II, 9:05 pm The Growth Management Manager presented staff analysis, citing 49 areas of deficiency in the submitted site plan. It was noted that a prior approval for the west side of Indian River Drive was negated by the denial of the east side by P & Z because the west side approval was contingent upon east side approval. After a lengthy City Council discussion and input from the applicant, his representative and staff, the following motion was made. On MOTION by Ms. Monier and SECOND by Mayor McCollum, City Council upheld the denial of the site plan and allowed the applicant to submit a new application with waiver of fees on a roll call vote of 5-0. 9 Regular City Council Meeting December 14, 2005 Page Ten At the request of the City Clerk for authorization to prepare a verbatim of this portion if necessary, and input from the Attorney that this would not obligate the City in any way if this was done, the following motion was made. On MOTION by Ms. Coy and SECOND by Ms. Monier, City Council authorized the preparation of a verbatim transcript of item 10E of this meeting on a voice vote of 5-0. 11. 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 05.233 159-166 A. Request from Melann Kahle RE: Support for Miss Sebastian Sweetheart PaQeant (Letter) Melann Kahle addressed City Council, introduced Noretta James, and requested support for a Sebastian pageant, responding to questions from Council regarding contestants from outside of Sebastian, being a for-profit agency, collection of fees, and award of prizes. She said she would modify the plans for the pageant and waive the fees if necessary. Side II, Tape II, 10:11 pm It was the consensus of Council that it would welcome pageant participants to the City but does not want to have anything printed that the City of Sebastian officially endorses the pageant. Ruth Sullivan asked that Council amend LDC code provisions to prohibit three story buildings on the east side of Indian River Drive. The City Attorney confirmed that there is a measurement from the high water mark in flood surge zones in the LDC, and it was the consensus of Council to direct the City Attorney to amend this provision and bring Council some options. The City Attorney asked if staff could invoke pending legislation changes at this time for submitted applications while he is drafting the amending ordinance. On MOTION by Mayor McCollum and SECOND by Ms. Coy the item was added to the agenda for action by Council on a voice vote of 5-0. On MOTION by Mr. Neglia and SECOND by Mr. Burkeen at 10:30 p.m. the meeting was extended on a voice vote of 5-0. On MOTION by Mayor McCollum and SECOND by Mr. Burkeen, City Council invoked the change of law rule concerning the measurement of heights in the Riverfront District until he has brought back the amending ordinance for adoption on a voice vote of 5-0. The City Attorney said this could potentially apply along the St. Sebastian River. 10 Regular City Council Meeting December 14, 2005 Page Eleven Walter Barnes, Sebastian, thanked the City Manager for work done adjacent to his property on Azine Terrace; and encouraged Council to seek grants on the Cain house and barring that give it to the fire department for practice. Damian Gilliams recommended dismantling the house and sell off in pieces to recoup the City's cost. 12. OLD BUSINESS 05.139 167-170 05.216 171-174 05.234 A. Approve Work Authorization #2 to the LPA GrouP. Inc. Contract dated 6/15/04 in the Amount of $49,656 to Develop an Airport Business Plan (Airport Director Transmittal, LPA Proposal, Work Authorization #2, LPA Proposal Available in Clerk's Office) The City Manager corrected it to read "work authorization #3", stated that workshops will be scheduled, the plan should be ready by April and recommended approval. On MOTION by Mr. Burkeen and SECOND by Ms. Coy, work authorization #3 for LPA Group, Inc. was approved on a roll call vote of 5-0. B. Paul McCall PDMNet (AQreement as Revised by Council) Paul McCall addressed City Council on a recently approved and revised tower lease agreement, requesting a reduced monthly rate and back payment due to damage done to his wires and equipment. It was noted that his equipment was installed without benefit of an agreement. He was given a copy of the revised lease and asked to review it and sign off, unless he had further concerns in which case he could come back to Council. C. Formal Vote on Whether to Join Indian River County League of Cities (No Backup) On MOTION by Ms. Coy and SECOND by Mr. Burkeen, City Council decided not to join the Indian River County League of Cities. Mayor McCollum stated that the rest of the agenda items would be carried to January 11, 2006. 13. NEW BUSINESS 05.235 05.236 175-178 A. Riverfront Overlay District Parking Regulations (No Backup - Requested by Ms. Coy) B. Dogs in Parks (City Attorney Transmittal, Code Provisions) 11 Regular City Council Meeting December 14, 2005 Page Twelve 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mr. Burkeen B. Ms. COY C. Ms. Monier D. Mr. Neglia E. Mayor McCollum 18. In accordance with procedural resolution R-05-26, Mayor McCollum adjourned the Regular Meeting at 11 :00 p.m. " NaB~ -------- 12 ORDINANCE NO. 0-05-20 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, NORTH OF COUNTY ROAD 512 AND SOUTH OF THE TRANS-FLORIDA-CENTRAL RAILROAD BEING A PART OF SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, S & S Enterprises, Inc./FLP #2, LLC, 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 determines 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 territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, 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: SEE ATTACHED SCHEDULE A As shown in the map attached as Exhibit "A", containing 3.3 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 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, 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 this Ordinance shall become effective upon recordation of a deed of dedication for right-of-way as per the attached Exhibit "B", so long as such recordation occurs with 45 days of passage hereof The foregoing Neglia Monier 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 aye Vice-Mayor Brian Burkeen aye Council member Lisanne Monier aye Councilmember Andrea Coy aye Councilmember Sal Neglia aye The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2005. . )]}- CIT..Y~. EB~~IAN FLO:A B~.~ Mayor Nathan B. McCollum Approved as to form and legality for rea by the City of Sebastian: '~~ , Rich Stringer, City Attome BK: 1924 PG: 556 rr ...... .....'./ " ,EXHIBIT A fIns RVl\':O~ ~ e.l P o .-oj 1 105 \1, -, , I' l"- f'.- ~I' I" f'., I'-.. I, , I~. l"- I'-.. f'.-' , , , !'-.. "- , " , I r-..... til,,> I' r-..... I-<' ,.4 "- , ": ,.:i \ ".~ i'. , . N- " " r-..... til..o , , ""tin N,.4 ""0,,> ~~'" i' 0 '" " ~ ..0 AP " iJl;'>-0 t-.... '- N >-,0 \ , "- 'r;.~' I' " "- I <:> ,.4 g\ " 10,,>1'- " '::-- 'i ell U (;) tiltil~' , I" 0 !' " f" I"- 01 I '" $ p.. ~t- I"- " ~, i' " ~(;) I. I' f:'. ~ '- ~gl " I'-. Ii-.; ,os \['.,. "- "- , '" " I'-.. Nt-. ,vS'69Z -. r-- ~ ,..; 0 ..... --... t-J I.ot N ;;, (;) t- o ...., ~ '" 0 r-l ,.4 0 ~ I ,~('~~~ <:> ... ---' ..-d 0 ~ <:> 0 I ,.. r-l ~ d, 0 et> 0 ~ '" 0 00 ~ ... '''''' !"') r- t CON r--. 1<')0 C. r- ',..; 0:;; 0 D <I "';00 t-J~ I<') ~ r- l_ et> N!-< .-oj ... .c NU U .0 ~< ~ ~ ~ .9t-HZ VI ~ ~ ,.. U 'r ~ S 'l:t - ;., r-- ... 17: 0 '" '" ., ~ rl "' ... \ ,(('(61 \ I Exhibit A ..-... .... OJ OJ l:i C/) :,. ~ ~ ~ ... '-'" L 015 ~s N ""' lO ~ U (PARCEL- 1) - SCH$DULE "A" Description'of Survey S,ite DESCRIPTION AS RECORDED IN OFFICIAL RECORDS BOOK 1186, PAGE 178, INDIAN RIVER COUNTY, FLA, P/J.BLlC RECORDS , ' That part of the East 706.40 feet of the North one half of, the Southeast quarter of Section 22, Township 31 South, Range 38 East, N~rth of State Road 512 lying South of ,the Trans-Florida-Central. Railroad, Indian River County, Florida, known as Lots 1,2;3, & 4 'of the the Romar Subdivision according to plat thereof filed in Plat' Book 10, Page 31, Records of Indian River County, containing 4.091 acres more . or less, LESS AND EXCE~T all 'of Lot 1 and. the East 50' of Lot 2. ' TOGETHER WITH DESCRIPTION PROVIDED BY CLIENT The, Northerly 50 feet of Tract "A", Lot 1,' and Lot 2,. Romar Subdivision as recorded in Plat Book 10, Page 31, of the Public Records of Indian River County, Florida, described as follows: . (PARCEL 2) Commencing at the Southeast corner of said Lot 1, run North 00'10'00" West, 261,28 feet along the Westerly limit of.. Waterview Avenue to. the. POINT OF BEGINNING; thence from a point of beginning so fixed, South 80'30'58" West. 253.34 feet along a line parallel to the Southerly .Right- .of-Way of abandoned Trans Florida Central Railroad; thence North 00'1000" West, 50.00 feet; thence North 80'30'58" East, 253.34 feet along the Southerly Right-of-way line of the abandoned Trans Florida Central Railroad; thence South 00'10'00" East, 50.0b feet to, the POINT OF BEGINNING, 14:08 7727783517. tv1BV ENGINEERING PAGE 02/02 T~S52 P.02/02 F~399 o ... :51arn Frem- Sam L. 13oc.krrllm, Chdimum Thomas A.. Vani, Pl't:siJ.:rlt Robert A. Patrill. VPJ1;.i!I1lUl'l1 Laur:l Moffett.. ~c.~eUl" ~&~ e C.- omSCTORS JUl S. Ct'Olll;:h Carherint: S. Ooshom J an s. J alcubein Denise S. Porter "fOUNDERS Fletcher &. Leilll. Sh~riff Bernard &. ~ Vonn SImpkitl4 ENTERPRISES, INC. FUrry A. JOtle" Esq. December 14.2005 Mr. Jim. Davis IRe Public Warks Direc:tor RE : Crossroads Plaza Parcel ID 22~31-38~OOOO], ~OOOo..OOO02.1 De:!!:!" Mr. D~'ri$: II Tom Vrmi. beIng the authorized representa.tive for ownershitl oftbe subject prn.rE'm:y, a.gree UJat we W1U dedJ.cate 1.2 teet ofright~of~waYt as depicted on the !UI"Vey sketch and description previously prov;ded to the county. as a condition of a.p.proval oithe requested annexation into the City of Se'Pastian. It is our understanding that the county must create a deed for the provided description, which we agtee to execute within seven (7) days of receipt from the county, which we understand would be provided to us within thirty (30) days of annexation approval. Please be aware tha.t we have elear title to this property. Should you have any questions regarding tbis matter., please contact us. n~tl1?0 ~~ Crosaroads Plaza of Sebastian. LLC .' 11 400 High Point Drive, Sui~e 500 .. Cocoa, Florida 32926 · Tel~phone: 321/636-0200 .. Fa);: 321/636.M06 C, \10. 'I t:.)<.H-\~\1 D ORDINANCE NO. 0-05-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF GENERAL COMMERCIAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (CII) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 510 & 512; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of S&S Enterprises, Inc./FLP #2, LLC for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of Commercial Industrial (C/I) to a designation of Commercial General (CG) in the City; and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COuNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The 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 ofthe City of Sebastian, Indian River County, Florida: See attached Schedule "A" containing 3.3 acres more or less as depicted on the attached sketch. Section 2. DESIGNA TION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate said property as Commercial General (CG) in accordance with the requirements of Florida law. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. 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 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 5. EFFECTIVE DATE. This Ordinance shall take effect upon satisfaction of all conditions for the effectiveness of Ordinance 0-05-20. The foregoing Ordinance was moved for adoption by Council member M 0 n i e r The motion was seconded by Council member Bu rkeen and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Brian Burkeen Council member Lisanne Monier Council member Andrea Coy Council member Sal Neglia aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2005. ATTEST: CITY OF SEBASTIAN, FLORIDA By ,A~ tl'Mayor Nathan B. McCollum 01- ,MMC Approved as to form and legality for reliance by the City of Sebastian only: /(i, (PARCEL. 1) - SCHJ;DULE "A" Description..of Survey S.ite DESCRIPTION AS RECORDED IN omclAL RECORDS BOOK 1186. PAGE 178, INDIAN RIVER COUNTY, FlA,Pl1.BLlC RECORDS That part of the East 706,40 .feet of the North one half of. th~ Southeast quarter of Section 22, .Township 31 South, Range 38 East., North of State Road 512 lying .South of the Trans-Florida-Central' Railroad, Indian River County, Florida, known as Lots 1,2;3, & 4' of the the Romar Subdivision according to plat thereof filed in Plat" Book 10, Page 31, Records of Indian River County, containing 4.091 acres more . or less, LESS AND EXCEPT all of Lot 1 and. the East 50' of Lot 2. TOGETHER WITH DESCRIPTION PROVIDED BY CLIENT The, Northerly 50 feet of Tract "A", Lot 1,. and Lot 2,. Rom.ar Subdivision as recorded in Plat Book 10, Page 31, of the Public Records of Indian River County, Florida, described as follows: .. (PARCEL 2) Commencing at the Southeast corner of saicJ Lot 1, run North 00"10'00" West, 261.28 feet along the Westerly limit of.. Waterview Avenue to. the. POINT OF BEGINNING; thence from a point of beginning so fixed, South 80"30'58" West. 253,34 feet along a line parallel to the Southerly .Ri~ht- of-Way of abandoned Trans Florida Central Railroad; thence North 00'1000" West, 50.00 feet; thence North 80'30'58" East, 253.34 feet along the Southerly Right-of-way line of the abandoned Trans Florida Central Railroad; thence South 00"10'00" East, 50.0b feet to. the POINT OF BEGINNING. ORDINANCE NO. 0-05-22 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS LIMITED COMMERCIAL (CL) FOR LAND CONSISTING OF 3.3 ACRES, MORE OR LESS, SITUATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 510 & 512; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, S&S Enterprises, Inc./FLP #2, LLC, 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 has 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 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule "A" containing 3.3 acres more or less as depicted on the attached sketch. Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Commercial General (CG). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated 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 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 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. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon satisfaction of all conditions for the effectiveness of Ordinance 0-05-20. The foregoing Ordinance was moved for adoption by Councilmember M 0 n i e r . The motion was seconded by Councilmember Bur k e en and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Brian Burkeen Council member Lisanne Monier Council member Andrea Coy Councilmember Sal Neglia aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of December, 2005. CITY OF SEBASTIAN, FLORIDA By /;/:-/~~ 'Mayor Nathan B. McCollum ATTEST: (2 Ytl '- Approved as to form and legality for reliance by the City of Sebastian only: - SCHJ:DULE "A" Description' of Survey S,ite DESCRIPTION AS RECORDED IN OmCIAL RECORDS BOOK 1186, PAGE 178, INDIAN RIVER COUNTY, FLA. PUBLIC RECORDS (PARCEL 1) , , That part of the East 706.40 feet of the North one half of. the Southeast quarter of Section 22, Township 31 South, Range 38 Easf, North of State Road 512 lying South of the Trans-Florida-Central' Railroad, Indian River County, Florida, known as Lots 1,2;3, & 4 'of the the Romar Subdivision according to plat thereof filed in Plat Book 10. Page 31, Records of Indian River County, containing 4.091 acres more . or less, LESS AND EXCEPT all . of Lot 1 and the East 50' of Lot 2. . TOGETHER WITH DESCRIPTION PROVIDED BY CLIENT The, Northerly 50 feet of Tract "An, Lot 1, and Lot 2" Romar Subdivision as recorded in Plat Book 10, Page 31, of the Public Records of Indian Riyer County, Florida, described as follows: ' (PARCEL 2) Commencing at the Southeast corner of saiej Lot 1, run North 00.10'00" West, 261.28 feet along the Westerly limit of.. Waterview Avenue to. the, POINT OF BEGINNING; thence from a point of beginning so fixed, South 80.30'58" West, 253,34 feet along a line parallel to the Southerly ,Right- ,of-Way of abandoned Trans Florida Central Railroad; thence North 00.10 00" West. 50.00 feet; thence North 80.30'58" East, 253.34 feet along the Southerly Right-of-way line of the abandoned Trans Florida Central Railroad; thence South 00'10'00" East, 50.00 feet to the POINT OF BEGINNING.