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HomeMy WebLinkAbout05142003 HOME OF PELICAN ISLAND SEBASTIAN oI'rY 00UNOIL AGENDA REGULAR MEETING WEDNESDAY, MAY 14, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-03-14) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION/MOMENT OF SILENCE 4. ROLL CALL 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-03-14) 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS O3.O85 A. 03.099 B. 03.100 C. 03.101 D. 03.102 Certificates of Appreciation for Operation Iraqi Freedom Servicemen Certificates of Appreciation to Sebastian Police Officers for Apprehension of Bank Robbery Suspect Employee of the First Quarter 2003 Elder Law Month Proclamation E. Senior Center Week Proclamation 1-12 03.103 13-14 03.104 15-16 03.105 17-18 03.095 19-34 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 Regular Meeting Minutes - 4/23/03 Approve a $200.00 Contribution to Sebastian River Middle School for 2003 Annual 8th Grade Graduation Celebration on Friday, May 30, 2003 (City Manager Transmittal 5/6/03 Letter) Co Approve Jazz Concert at Riverview Park on Saturday, August 23, 2003 from 2:00 p.m. until 6:00 p.m. (Parks Transmittal 5/7/03, Letter) Do Approve the Award of Annual Sod Contract to Garrie Scott dba B & T Sod And Landscaping: Sebastian, Florida at the Unit Prices Bid on an "As Needed Basis" (Engineering Transmittal 5/7/03) COMMI'I-FEE REPORTS/RECOMMENDATIONS PUBLIC HEARING Procedures for public hearings: (R-99-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Second Reading and Public Hearing of Ordinance No. O-03-07 Petition for Voluntary Annexation by Forte Macauley Development Inc. for a Proposed 72 acre Planned Unit Development- (GMD Transmittal, 0-03-07, Letter, Map, Application, F.S. 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 72.447 ACRES, MORE OR LESS, BEING A PART OF SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST LOCATED ALONG THE ST. SEBASTIAN RIVER NEAR THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 2 03.095 35-74 03.095 75-108 Second Reading and Adoption Hearing for Ordinance No. O-02-13 - Land Use Amendment For a Proposed 72 Acre Planned Unit Development Situated at the Intersection of CR510 and CR512 (GMD Transmittal 7/7/03, O-02-13, Staff Report, Application, Plan, P & Z Recommendation) AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND COMMERCIAL LIMITED FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 72.45 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND COMMERCIAL LIMITED FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 67 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Second Reading and Public Hearing of Ordinance No. O-02-14 Conceptual Development Plan and Rezoning Request from Agricultural (A-l) to Planned Unit Development Residential (PUD-R) for a Proposed 72 Acre Planned Unit Development (GMD Transmittal 7/7/03, O-02-14, Plan, Staff Report, P & Z Recommendation) - This is a quasi-judicial hearing - AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL LIMITED (CL) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISITING OF 72.45 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL LIMITED (CL) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISITING OF 67 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 of ten minutes for each speaker 3 11. OLD BUSINESS 03.059 109-128 03.059 03.059 129-138 03.028 139-154 03.028 155-170 03.105 171-180 03.106 181-184 12. Presentation by WCG Engineering, Inc. Regarding Louisiana Avenue Improvements (Report) Citizens Advisory Task Force Recommendation of Louisiana Avenue's Improvements Authorize Contract Between Community Development Block Grant Administrator, Jordan & Associates and the City of Sebastian for Louisiana Avenue Improvements In the Amount of $49,000 (City Manager Transmittal 4/30/03, Matrix, Contract) NEW BUSINESS First Reading Ordinance No. O-03-05 Land Use Amendment for a .75 Acre Parcel of Land Recently Annexed by Dr. Hadi Shaloub (GMD Transmittal 7/7/03, 0-03-05, Map, Application, Staff Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS M-1 FOR LAND CONSISTING OF .75 ACRES, MORE OR LESS, LOCATED ALONG U.S. HIGHWAY ONE AT CITY'S NORTHERN LIMITS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. First Reading Ordinance No. 0-03-06 Rezoning Request for a .75 Acre Parcel of Land Recently Annexed by Dr. Hadi Shaloub (GMD Transmittal 7/7/03, 0-03-06, Map, Application, Staff Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME - EIGHT (RMH-8) FOR LAND CONSISTING OF 0.75 ACRES, MORE OR LESS, LOCATED ALONG U.S. HIGHWAY ONE AT CITY'S NORTHERN LIMITS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Co First Reading Ordinance No. O-03-08 Amending City Code Chapter 30, Article II Licensing Sections 30-50 and 30-31 Regarding Fee Schedules - Schedule Public Hearing for June 11,2003 (Finance Transmittal 5/1/03, 0-03-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING, SECTIONS 30-50 AND 30-51; PROVIDING FOR CONFLICTS PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-03-22 - Amending and Establishing Building Permit Fees (Finance Transmittal 5/6/03, R-03-22, R-01-01 ) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING VARIOUS BUILDING PERMIT FEES PURSUANT TO CITY CODE SECTION 26-35 CHAPTER 26 ARTICLE II BUILDING CODE; PROVIDING FOR PENALTIES; PROVIDING FOR PLAN-CHECKING FEES; PROVIDING FOR VALUATION CERTIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 4 '13. CITY ATTORNEY MATTERS '14. CITY MANAGER MATTERS '16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Mr. Hill B. Mr. McCollum C. Mayor Barnes D. Mr. Coniglio E. Mr. Barczyk 18. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING, Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. ~roc~,dqres f~r Quasi-Judicial HeafinQ 1. Mayor Opens Hearing 2. City Council Members Disclose Ex-Parte Communication 3. Applicant or Agent Makes Presentation In Favor of Request Following Swearing In By City ClerY, 4. Staff Presents Findings and Analysis Following Swearing In By City Clerk 5. Council Asks Questions of the Applicant and Staff 6. Mayor Opens the Floor for Anyone in Favor of the Request (anyone presenting facb~al information shall b~ swcm J:=ut merely advocating approval need not be sworn in) 7. Applicant Prm~ided Opportunity to Respond to Issues Raised by Staff or Public 8. Applicant Provided Opportunity to Summarize Request 9. City Council Deliberation and Questions 10. J~ayor Calls for a IVlofion 1 '~. City Council Action Upcoming Meetings: May 28, 2003 - 7:00 p.m. - Regular Council June 11, 2003 - 7:00 p.m. - Regular Council June 25, 2003- 7:00 p.m. - Regular Council July 9, 2003 - 7:00 p.m. - Regular Council July 23, 2003 - 7:00 p.m. - Regular Council August 20, 2003 - 6:00 p.m. - Council Budget Workshop August 13, 2003 - 7:00 p.m. - Regular Council August 27, 2003 - 7:00 p.m. - Regular Council September 10, 2003 - 7:00 p.m. -1~ Public Hea~ng of City Budget & Regular Council September 24, 2003 - 7:00 p.m. - Final Public Hearing of City Budget & Regular Council October 8, 2003 - 7:00 p.m. - Regular Council October 22, 2003 - 7:00 p.m. - Regular Council November 12, 2003 - 7:00 p.m. - Regular Council November 26, 2003 - 7:00 p.m. - Regular Council December 10, 2003 - 7:00 p.m. - Regular Council 5 2. 3. 4. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIl. MINUTES REGULAR MEETING WEDNESDAY, APRIL 23, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Father John Morrissey of St. Sebastian Catholic Church gave the invocation. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Finance Director, Mark Mason Police Chief, James Davis Public Works Director, Terry Hill Parks Supervisor, Chris McCarthy Regular City Council Meeting Page Two 4/23/03 DRAFT 03.085 03.086 03.087 03.088 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-03-14) Mr. Hill requested reconsideration of an item from the last meeting regarding stop signs. (Mr. Hill was on the prevailing side of the vote to keep stop signs in place on Indian River Drive at Jackson Street as set out in a site plan that was under appeal) - voice vote was 5-0. McCollum requested items relative to SB654 and HB 1307 under his matters and noted there might be need for a vote - voice vote was 5-0. '~ PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Certificates of Appreciation for Operation Iraqi Freedom Servicemen Mayor Barnes read and presented certificates to families of the following service people who are serving in Iraq: Brian Cortez Joshua Farrar Nick Hinzman Danny Ingrain Marc and Randy Kelly Scott Melligrano April Skirvin Eric Treglio Adam Veldt B. Nurse Week 2003 Proclamation Mayor Barnes read and presented the proclamation to Inez Fielding. C. Civility Month 2003 Proclamation Mayor Barnes read the proclamation. D. Municipal Clerks Week 2003 Proclamation Mayor Barnes read and presented the proclamation to the City Clerk who recognized the Deputy City Clerk, Records Management Specialist and Administrative Secretary as a staff of four who do a great job for the City. 2 Regular City Council Meeting April 23, 2003 Page Three DRAFT 03.089 E. 1-4 5-12 03.090 13-36 Staff Presentation - Update Re.qardin.q 2002-2003 Park Development Plan (no backup) The Public Works Director and Parks Supervisor updated City Council on Hardee Park lighting, workstations, and trail refurbishment; the clearing was underway for passive use at George Street neighborhood park; moving some gopher tortoises at Filbert Street Park and plans for heavily wooded areas for a walking trail, picnic pavilions, and volleyball court; the baseball field construction at the elementary school will begin as soon as school ends; finger piers and a future pedestrian bridge is planned for Schumann Park; Barber Street Sports Complex will include a new parking area and picnic pavilions; Riverview Park expansion is awaiting DEP drawings to proceed to bid; and site engineering for the park behind City Hall is being done in conjunction with plans for the new city hall. He responded to Mr. Barczyk that Easy Street Park would be the best area for the handicapped due to its asphalt walkways. The City Manager described Riverview Park improvements and said no further improvements will be addressed without public input. Mr. Barczyk asked if storage of kayaks at Riverview Park was permissible, noting that he noticed kayaks there over the weekend. The Public Works Director said perhaps Code Enforcement can look into someone who might be renting them out there. Both men were commended for the condition of city parks. They said there have been no reports of trouble at Hardee Park due to the lights and it was noted they come on at 6 am for early joggers. = 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 Workshop Minutes - 4/9/03 B. Approval of Regular Meeting Minutes - 4/9/03 Resolution No. R-03-17 Florida Dept. of Transportation, Aviation Section Joint Participation Agreement for Phase II of Runway 9-27 (Airport Transmittal 4/7/03, R-03-17, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR REHABILITATION OF RUNWAY 9-27 AND CONSTRUCTION OF A PARALLEL TAXIWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 3 Regular City Council Meeting April 23, 2003 Page Four DRAFT 03.091 D. 37-44 03.092 E. 45-72 03.057 F. 73-94 03.093 G. 95-96 Resolution No. R-03-18 Florida Dept. of Transportation, Aviation Section Joint Participation Agreement for Construction of T-Hangars (Airport Transmittal 4/7/03, R-03- 18, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT SUPPLEMENT WITH FDOT TO PROVIDE FUNDING TO CONSTRUCT T-HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-03-19 Florida Dept. of Transportation Aviation Section Joint Participation Agreement for Wetland and Environmental Mapping and Reports and Approve LPA Group Work Authorization #13 in the Amount of $36,808 (Airport Transmittal 4/14/03, R-03-19, Agreement, Work Authorization #13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR THE WETLAND/ENVIRONMENTAL MAPPING AND REPORTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-03-20 Amending the City's Investment Policy Pursuant to Entering an Agreement for Investment Services (Finance Transmittal 4/15/03, R-03-20, Attachment 1, Proposed Policy, Current Policy) a RESOLUTION Of THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY'S INVESTMENT POLICY PURSUANT TO AGREEMENT FOR INVESTMENT SERVICES; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Approval of Fiscal Year 2003-2004 Budget Calendar (Finance Transmittal 4/15/03, Calendar) The City Attorney read Resolution Nos. R-03-17, R-03-18, R-03-19 and R-03-20 by title. MOTION by Barczyk/McCollum "Move to approve consent items A-G." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 4 Regular City Council Meeting April 23, 2003 Page Five DRAFT 03.094 03.071 97-100 COMMITTEE REPORTS/RECOMMENDATIONS A. Tree and Landscape Advisory Board 2003 Work Plan (no backup) Cathy Fulton, Chairperson, Tree and Landscape Advisory Board, reviewed prior work plans and discussed the Board's focus for 2003, citing the champion tree program, keeping up city hall gardens, and a request by the Parks and Recreation Committee members to attend a Tree Advisory Board meeting. Ms. Fulton was commended for the Arbor Day celebration on April 19, 2003. Mr. Coniglio said it was nice to have a member of a city board report to City Council on their activities. PUBLIC HEARING A. Second Reading and Public Hearinq Construction Noise (City Attorney Transmittal 0-03-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING CODE OF ORDINANCES SECTION 26-6 HOURS OF CONSTRUCTION LIMITATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Legal Ad Press Journal 4-9-03) The City Attorney read the ordinance by title and Mayor Barnes opened the public hearing at 7:53 p.m. Being no input, the hearing was closed. Mayor Barnes said he had discussed this with some contractors, and a suggestion was made to move the start time from 9 am to 8 am on Saturday. City Council discussion followed about weekend work. MOTION by Hill/Coniglio "1 move to pass Ordinance No. O-03-04 with the change of the hours on the weekend from 8 a.m. to 5 p.m." ROLL CALL: Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 5 Regular City Council Meeting April 23, 2003 Page Six 10. 11. 03.095 101-122 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Baxter Coston said he would speak during discussion of the stop signs. Bill German asked about liability the City might incur with boats going under the bridge at Schumann Park. Russ Owen, suggested a party for returning servicemen and offered $100 to get it started. City Council discussed an appropriate time, with a possibility of 4th of July. OLD BUSINESS First Reading of Ordinance No. O-03-07 Petition for Voluntary Annexation by Forte Macauley Development Inc. for a Proposed 72 acre Planned Unit Development- Set Public Hearing for 5/14/03 (GMD Transmittal 4/16/03, 0-03-07, Letter, Map, Application, F.S. 171.044, O-02-13, Minutes Excerpt from Aug. 28, 2002) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 72.447 ACRES, MORE OR LESS, BEING A PART OF SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST LOCATED ALONG THE ST. SEBASTIAN RIVER NEAR THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-03-07 by title. The City Manager gave a brief presentation. Tim Jelus with Forte Macauley Development, Inc. addressed City Council on the proposed voluntary annexation. MOTION by Coniglio/Hill "Move to pass Ordinance No. O-03-07 on first reading and schedule a second reading and public hearing for May 14, 2~~3." ROLL CALL: Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 Regular City Council Meeting April 23, 2003 Page Seven DRAFT B. Stops Signs at Indian River Drive and Jackson Street Mr. Hill said there are concerns about placement of stop signs. He went on to say that the installation of stop signs is a function of staff and it was not his intention to circumvent staff. Chief Davis said the placement of a stop sign on Indian River Drive would be a mistake and subject the city to accidents, would back up vehicles and limit people's ability to cross, and that there are other streets that approach Indian River Drive that are more in need of stops and that if necessary a proper study could be performed. Mr. Coniglio reiterated his reasons for wanting to maintain the stop signs. Mr. Barczyk said he spent time at Captain Butchers and said there does not seem to be a problem at the intersection. Mr. Hill said he better educated himself on this issue and asked that the item be placed back on this agenda based on the Chief's concerns, and the decision belongs in the hands of the professionals. MOTION by Hill/Barczyk "I'd move to re-approve the site plan without the stop signs as asked by staff." ROLL CALL: Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - nay Mr. Barczyk - aye Roll Call carried 4-1 (Coniglio - nay) 12. 03.027 123-148 NEW BUSINESS Ao Resolution No. R-03-21 Adopting an Amended Fiscal Year 2002-03 Budqet (Finance Transmittal 4/16/03, R-03-21, Memo, Reports, Schedules) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Resolution No. R-03-21 by title and the Finance Director briefly described the amendments, which includes the city hall and stormwater bond, which closed on August 21 st. He added an amendment to the airport funds of $99,000. (Reference exhibit A on page circle 126) 7 Regular City Council Meeting April 23, 2003 Page Eight 03.096 B. 149-154 O3.097 C. 155-156 MOTION by Barczyk/Hill "Move to approve R-03-21 as amended." ROLL CALL: Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 DRAFT Authorize the Purchase of an Edqewater Marine Boat and Accessories in the Amount of $44,573.00 from Edqewater Powerboats for the Police Department (PD Transmittal 4/4/03, boat specs) Chief Davis gave a presentation on the proposed boat purchase and responded to questions from Council. William Germann asked about a side ramp attached to the planned future dock, which would launch a boat faster. MOTION by Barczyk/McCollum "Then I move to approve the purchase of the Edgewater boat package and accessories in the amount of $44,573.00 from Edgewater Powerboats." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk -aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 Appoint Member and Alternate Member to Treasure Coast Reqional Airport Noise and Flight Traininq Working Group (12/11/02 minutes page, information newsletter page) The Airport Director in explained in 1999 FDOT created steering committees by region to meet quarterly to discuss aviation problems, which resulted in the Treasure Coast Regional Airport Noise and Flight Training Assessment/Study. He requested the appointment of two people to serve on the Treasure Coast Regional Airport Noise and Flight Training Working Group, noting that other agency members have appointed elected officials. Regular City Council Meeting April 23, 2003 Page Nine He said there will be six meetings and the location had not yet been decided, though he thought they may rotate the location. Mr. Barczyk volunteered to be the member since he is a member of Treasure Coast Regional Planning Council. Mr. Hill volunteered to be the alternate. MOTION by Barnes/Coniglio 'TII make a motion that we accept Joe as the Sebastian representative to the Treasure Coast Regional Airport Noise and Flight Training Working Group." ROLL CALL: Mr. Coniglio - aye Mr. Barczyk -aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 MOTION by Barnes/Coniglio "1'11 make a motion that we accept." ROLL CALL: Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye DRAI: Roll Call carried 5-0 13. 14. 15. CITY ATTORNEY MATTERS Reported that his work on the bond has been completed and he will begin the solid waste contract. He advised that once the site plan was approved that staff had legal authority to remove stop signs on Indian River Drive. CITY MANAGER MATTERS CITY CLERK MATTERS The City Clerk noted that today is Administrative Professionals Day and asked that the City's administrative staff, some of which are the City's longest-term employees, be recognized for their contributions. 9 Regular City Council Meeting April 23, 2003 Page Ten 17. CITY COUNCIL MATTERS A. Mr. Barczyk Requested a sign directing people to city departments in front of the main building or in the parking lot. B. Mr. Hill None. C. Mr. McCollum Discussed SB654 and HB1307 and asked the City Attorney to address the Senate bill. The City Attorney explained that HB1307 has been amended to allow the permitting process at the local level. He further explained that the language is so wide open in SB654 that eventually it can be interpreted that municipalities cannot regulate the terms and conditions of service the companies are providing. Mr. McCollum requested an opposition letter be sent as soon as possible to the legislators. MOTION by McCollum/Hill "1 would make a motion that we once again, send a letter of non-support for SB654 because of loss of local control." Mr. McCollum will provide a copy of the county's letter to the Clerk. TAPE II - SIDE I (9:04 p.m.) ROLL CALL: Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 Mr. McCollum would like to hold off the sending out the solid waste management handout before pricing is discussed specifically the offset of nine Monday holidays and two Friday holidays. The City Manager replied that he will ask Waste Management to include Mr. McCollum's concern before mass delivery begins. Mr. McCollum stated the cameraman needs a chair. 10 Regular City Council Meeting April 23, 2003 Page Eleven C. Mayor Barnes 03.098 i. 157-158 03.098 ii. Letter from Parks & Recreation Advisory Chairman Inqui Advertisement for April 28th Workshop Mayor Barnes requested a motion to place an ad in the paper advertising the April 28 workshop. MOTION by Hill/McCollum "So moved." ROLL CALL: Mr. Hill -aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 Mayor Barnes further stated the Parks and Recreation Committee will dissolve this fall and it was the consensus of Council to direct the City Attorney to draft an ordinance to make the Parks and Recreation Committee permanent and bring it back for first reading. He also stated that he was contacted by Keep Indian River Beautiful to identify areas for the May Clean-Up. It was suggested that Sebastian Boulevard, Barber Street, Schumann Drive and Roseland Road be submitted for clean up. He further asked if there would be a public hearing on the one-way traffic flow or two- way traffic flow for Louisiana Avenue. The City Manager responded that the engineer will make a presentation to the Citizens Advisory Task Force on May 7th and then to Council on May 14th with the recommendation from the task force. E. Mr. Coniqlio Mr. Coniglio requested the City reimburse the contractor for the Indian River Drive stop sign. He congratulated the City Clerk for her quarterly performance and appointment to the International Institute of Municipal Clerk committee. He noted the parapet wall has been completed behind Sebastian Retail Shops. He presented framed mementos from the Pelican Island Wildlife Festival to the City Manager. 18. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:18 p.m. Approved at the Regular City Council Meeting. ATTEST: Walter W. Barnes 11 Sally A. Maio, CMC 5EIIASTIAN HOME OF PF~JCAN iSLAND SubjeCt: Sebastian River Middle School 8th Grade Graduation Celebration ~'~ub~.by: City Manager 'T~en~ ore" Agenda No. 0,~, tO~ Department Origin: Date Submitted: 05/06/03 For Agenda of: 05/14/03 Exhibits: Letter Dated May 2, 2003 to Terrence R. Moore from Rechelle C. Brown, Sebastian River Middle Sch6ol ~:; EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY The Sebastian River Middle School is planning an 8th Grade Graduation Celebration on Friday, May 30, 2003 and has requested a contribution from the City to help offset the cost. Last year, the City supported this event and contributed $200.00. RECOMMENDED ACTION Move to approve a $200.00 contribution to the Sebastian River Middle School for the 2003 Annual 8th Grade Graduation Celebration on Friday, May 30, 2003 to help offset the cost. Eileen Shirah Principal Jennifer Cummings Assistant Principal Chuck Evans Assistant Principal May 2, 2003 Sebastian River Middle School 9400 COunty Road 512 SEBASTIAN, FLORIDA 32958 Telephone: (561) 564-5111 FAX: (561) 564-5113 Mr. Terrence Moore, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 STATE OF FLORIDA MERITORIOUS SCHOOL ,Six Consecutive Years \ /t ' ~: _.,, ~ RE: SRMS 8th Grade Celebration Dear Mr. Moore: We are in the process of planning a graduation celebration for the Sebastian River Middle School class of 2003. Because the city has been a supporter in the past, we are requesting a donation from the City of Sebastian to help offset the cost of preparing to give the 8th graders a memorable experience. The celebration is scheduled for Friday, May 30, 2003. If you have any questionsor if'additional information is needed please contact me at 772-581-9944. Sincerely, Rechelle C.-Brown PTSA Graduation Committee Chairperson School District of Indian River County City of Sebastian, Florida Subject: Special Event Approval for Jazz Concert at Riverview Park _Approved f~or Submittal by: Agenda No. Dept. Head: Finance: Procurement: 03. Date Submitted: May 7, 2003 For Agenda of: May 14, 2003 Exhibits: Letter from WFIT 89.5 FM EXPENDITURE REQUIRED: NONE BUDGET AVAILABLE: N/A APPROPRIATION REQUIRED: NONE Back,qround Sandi Hall, Development Executive for WFIT radio would like Council approval for a Jazz Concert at Riverview Park. The concert would be held on Saturday, August 23, 2003 from 2:00 PM until 6:00 PM. The attached letter list activities and names of bands scheduled to perform. SUMMARY Move to approve Jazz Concert at Riverview Park on Saturday, August 23, 2003 from 2 PM until 6PM. April 22, 2003 Sebastian City Hall Community Center Information 1225 Main St. Sebastian, Florida 32958 Re: Riverview Park Attention: Chris Dear Chris: WFIT radio - 89.5 wishes to host a concert in Riverview Park on Saturday, August 23, 2003 from 2:00 PM-6:00 PM. Three bands would be featured beginning with Accoustic Alliance. then Sebastian's own Gator Blue and ending with We Three- Shindig, Ossie Wright and Rich Hall and two to be named players. WFIT would advertise the event with radio and print as well as posters. You would be given posters. Jack, of Hurricane Harbor Restaurant, would like the opportunity to cater the event. Please advise me if you require anything to assure the booking of the park. My phone number is: (321) 674-8140 and fax is: (321) 674-8139. Thank you for your assistance. ~~erely, Sandi Hall Development Executive Please fax a confirmation letter. Radio Station WFIT · Florida Institute of Technology 150 West University Boulevard. Melbourne, FL 32901-6975 Phone (321) 674-8140 · Fax (321) 674-8139. E-mail wfit@fit, edu HOME O[ PELICJ~ ISLAND City of Sebastian, Subject: Award of Sod Contract Florida Agenda No. Department Ori~..e~~.~ Finance Dept~: __ _ General Services: Date Submitted: 05/07/03 For Agenda off 05/14/03 Exhibits: EXPENDITURE REQUIRED: N/A IAMOUNT BUDGETED: N/A IAPPROPRIATION REQUIRED: None SUMMARY Various Stormwater and Public Works projects such as swale rehabilitation, road crossing culvert replacement and other remedial work require the replacement of sod to prevent erosion, protect the roadway edge of pavement and restore the Right-of-Ways to original condition. Bids were solicited to furnish, the typical sod types encountered during the routine work throughout the year. B&T Sod submitted the only responsive bid. The bid prices submitted for the new contract are comparable to the current contract prices. The prices submitted are as follows: Furnish~ Deliver~ Unload and Install: Bahia - Argemine sod Floratam Sod Bermuda 419 Certified Sod $0.16 ½ / sq. fi. $0.24 sq. ft. $0.22 sq. ft. Furnish~ Deliver and Unload: Bahia - Argemine Sod Floratam Sod Bermuda 419 Certified Sod $0.15 $0.22 $0.20 sq. fi sq. ft. sq. ft. RECOMMENDED ACTION Move to award Annual Sod Contract to Garrie L. Scott, d/b/a B & T Sod and Landscaping, Sebastian, Florida, at the unit prices bid, on an "as needed basis". City of Sebastian, Florida Subject: Petition for Voluntary Annexation by Forte Macaulay Development Inc for a proposed 72-acre planned unit development situated at the intersection of CR 510 and CR 512, and known as Sebastian River Landings. Agenda No. 0~, ~ ~,.5' Department Origin: Growth Management Tracy E. Ha,~--~-~ Date Submitted: May 7, 2003 · : For Agenda of: May 14, 2003 Exhibits: Ordinance No. 0-03-07, letter of request, application, and Chapter 171.044 F.S. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIKED: None SUMMARY Forte Macaulay Development Inc. submitted a letter of request for the annexation of 72+/- acres of land situated at the intersection of CR 510 and CR 512. The proposed use of the property is for development ora Planned Unit Development to be known as Sebastian River Landings. Additionally, the property is currently zoned Agricultural (A-l) with a Low Density Residential (L-l), 3 units per acre, land use designation and the applicant wishes to re-zone the property to Planned Unit Development Residential (PUD-K), with a comprehensive land use designation of Low Density Residential (LDR). The conceptual plan outlines a total of 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node of approximately 5 acres in size, including a 1-acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development (SharkmarffMobil Gas Station) immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection, which has recently requested annexation into the City also. A separate land use change is being requested for designating the commercial area as Commercial Limited (CL), thus allowing neighborhood commercial uses as intended by the developer. The City Council passed the first reading of Ordinance No. 0-03-07 at the regularly scheduled City Council meeting held on April 23, 2003. RECOMMENDED ACTION Move to adopt Ordinance No. 0-03-07. ORDD~TANCE NO. 0-03-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORmA, PROVIDING FOR ~ VOLUNTARY ANNEXATION OF 72.447 ACRES, MORE OR LESS, BEING A PART OF SECTION 23, TOWNSWI'P 31 SOUTH, RANGE 38 EAST LOCATED ALONG THE ST. SEBASTIAN RIVER NEAR THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. ~REAS, 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 Tlt-EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~ CITY OF SEBASTIAN, INDIAN RIVER COU1VrY, FLORIDA, ss 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 Exhibit "A" attached as depicted on the attached map. , Section 2~ INITIAL LAND USE AJqD ZONING CLASSIFICATION. The imerim 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 Kiver 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. EFFECTIVE DATE. Following its adoption, this Ordinance shall become effective concurrent wi~h the effective date of Ordinance 0-02-14. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nathan B. McCollum The Mayor thereupon declared this Ordinance duly passed and adopted this 14~ day of May, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney C~ SKE N S TCH OF LEGAL (NOT A SURVEY) SHEET 1 OF 3 I / LAND DESCRIBED IN 0.E. BOOK 1085, PAGE 2110 LAN0 DESCRIBED IN 0.R. BOOK 1063, PACE 1071 L16 POB _m ~i~ L18 oI LAND 0ESCRIBED IN 0.R. BOOK 1131, PAGE :2872 SOUTHEAST I/4 OF 'r~-tE SOUTHWEST 1/4. LESS 0.R. BOOK 195, PAGE 4.96 L14. .-.- I ;ALE: t'=4001 OWN.BY: D.D.G. I CHO.EY: J.ld.M. CLIENT NO. 202001,5 THIS S~,,ETcH HAS ~F_.EN PREPARED FOR THE EXCLUSIVE USE OF THE. P[I:~ON, PEiRSONS OR ORC, AHIZAT1ON IDENTIFIED BELOW AN0 IT~ CER- TIRCATiON IS NON-TRANSFERABLEL ANY COI=Y HEREOF. TO BE CON-- SIDE. RED VALID, klU~-T' BE EI,18OSS[D WITH THE SE, AL OF' A R[GISTE:RED SURVEYOR EMPLOYED BY THI~ FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WIT.T,TIM MOTT LAND SURVEYING INC. SATELLITE BF..ACH PROF'E:SSIONN- CENTER 1275 SOUTH PATRICK DRIVE. ~'Ufl'[ H SATELLITE BF..~H, FI.ORIOA, 329,37-5955 SKF, TCH OF. LEGAL (NOT A SURVEY) SHEET 2 OF 3 LINE TABLE UNE LENGTH BEARING L1 65.41' S 89'43'01" E L2 21.99' N 00'08'58" E L3 655.71' N 00'15'08" E L5 500.5g' S 8g'4.g'lg" E L8 659.2g' N 00'10'40' E L7 762.51' S 8g'36f05" E L8 124.58' $ 00'16'54" W L9 24..09' S 89'4.1'56" w LIO 352.97' N 00'08'39' W Lll 186.69' N 18'41'05" E L12 1,:365.52' $ 36'46'08" E L13 966.2,.3' S 00'20'59" W L14. 1788.06' N 89'4,3'01' W L15 564..30' N 00'16'59" E L16 313.50' N 89'4.3'01" W L17 564..30' S 00'16'59" W L18 387.15" N 89'45'01" W CURVE TABLE ] C[JRVE RADIUS DELTA I LENGTH I CHORD CHORD BEARING C1 2205.75' 12'07'55" 466.82' ' 4.65.95' N 4-4°30'4.2" E P_,,ALE: 1"=4.00J BWN.BY: D.D.O. I CHO.B¥: J.M.~. CLIENT NO. 2020015 C E RTIIEI CATION I'f--~R~t' CERTIFY TJ-LAT T~IS S&.~C~ ~ ~E UNDER ~ R~S~NSI~&E C~RG~ ~0 SIONINO DATE: 1_~02 F~. CERT. NO.6189 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON. PERSONS OR ORGANIZATION IOENTIFIED BELOW ANO rr~ CER- TIFICATION IS NON--TRANSFERAfL-~- ANY COPY HEREOF. TO BE CON-- $1OERED VAUO. MUST BE EMROSSED WiTH THE SEAL OF A RECI~T~ED SURVEYOR EMPLOYED ~Y THIS RRM. CERTIFIED TO: FORTE MACAULAY DEVELOPM~ CONSULTANTS, INC. (,,. ~,~ ~ ,ILLIAM MOTT LAND SURVEYI~NC. SATEMJTE BF_AC~ PROFESSIONN. CENTER 1275 SOUTH PATRICK 0RNE, SUITE H SATELLITE: B~, FLORII~A. PHONE (..321~ 773--4..~2J SKETCH (NOT A SHEET OF LEGAL susv[¥) 3 OF 3 LEGAL DESCRIPTION: OVERALL PARCEL (BY SURVEYOR) Lands described in O.R. Book 1131, Page 2872, O.R. Book 1085, Page 2110 and O.R. Book 1063, Page 1071, of the Public Records of Indian River, County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being more particularly described as follows: Beginning atthe Southwest comer of said Section 23; thence South 89°43'01'' East along the South line of said Section 23, a distance of 65.41 Feet to the East Right-of-Way line of County Road 51(3 per F.D.O.T. (Florida Depa ;,,,ent of Transportation) Right-of-Way map panel 8851-150, as recorded. in Plat Book 11, Page 30, of the Public Records of Indian River County and the POINT-OF- BEGINNING of the heroin described parcel; thence North 00°08'38'' East along said East Right-of- Way line, a distance of 21.99 Feet;, thence North 00°15'08'' East along said East Right-of-Way line, a distance of 655.71 Feetto the South line of lands described in O.R. Book 1321, Page 0773, of the said Public Records of Indian River County~ thence South 89°49'19'' East along said South line, a distance of 500.59 Feet to the East line of said O.R. Book 1321, Page 0773; thence North 00°10'40'' East along said East line, a distance of 659.29 Feet to the North line of the Southwest 1/4 of the Southwest 1/4 of said Section 23; thence South 89"36'0E' East along said North line of the Southwest 1/4 of the Southwest 114, a distance of 762.51 Feet to the Northeast comer of the Southwest 1/4 of the Southwest 1/4 of said Section 23; thence South 00°16'34'' West along the East line of said So uthwest 1/4 of the Southwest 1/4, a distance of 124.58 Feet; thence North 89°41 '36" East, a distance of 24.09 Feet; thence North 00"08~39'' West, a distance of 332.97 Feet; thence North 18°41'03'' F~t, a distance of 186.69 Feet to the point of curvature of a non tangent circular curve concaveto the Northwest, having a radius of 2~05.75 Feet, and a central angle of 12°07'33"; thence from a tangent bearing of North 59°34'29" East, run Northeasterly along the arc of said curve an arc distance of 466.82 FeettotheWest Right'of-Way line of the Sebastian River Drainage District Right- of-Way, as recorded in O.R. Book 193, Page 496, of the said Public Records of Indian River County; thence South 36°4508" East along the said West Right-of-Way line, a distance of 1,365.52 Feet; thence South 00°20'59'' West along the said West Right-of-Way line, a distance of 966.23 Feet to the South line of the Southwest 1/4 of said Section 23; thence North 89°43'01'' West along the said South line, a distance of 1,788.06 Feet tothe East line of lands described in O.R. Book 486, Page 677, ofthe said Public Records of Indian River County; thence North 00°16'59'' East along the Easl line of said O.R. Book 486, Page 677, a distance of 564,30 Fee~ to the North line of said O.R. Book 486, Page 677; thence North 89°43'01'' West along the said North line of O.R. Book 486, Page 677, a distance of 313.50 Feet to the West line of said O.R. Book 486, Page 677; thence South 0C~16'59" West along the said West line of O.R. Book 486, Page 677, a distance of 554.30 Feet to the said South line of Southwest 1/4 of said Section 23; thence North 89~43'01" West along the said South line, a distance of 387.15 Feet to the POINT-OF-BEGINNING. Containing 72.447 Acres of land mom or less. ;ALE: 1'=400' DWN.B¥:D.D.G. CHD.BY:J.bI.M. CLIENT NO. 2020015 ~ ~/ M( ~ DANIEL O. CARNER, P.S.M. ~CNI~ D~ 1~7/~2 F~. CERT. N0.6189 THIS $K~'TCH HAS BEEN PREPARED FOR TH[ E3(CLUSNE USE: OF" THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW ANO ITS CER- TIFICATION I$ NON--TRANSFERABLe. ANY COPY HEREOF', TO BE: CON-- SUR~'YOR EMPLOYED BY THI~ F1RM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SATELLITE BF..AC~ PROF~'ION~. CENTER 1275 SOUTH PATRICX r3Rl¥~, SUITE H SATELLITE BEACH, FLORIOA. 32937-3g-fl~ PHON£ (321) 773--4323 Section 23 31s-38e mal~ # 0733 compiled 08/07/01 by the Indian Ri~r County Property Appraiser's Office page 1-79 MOSBY AND ASSOCIATES, INC. ~'~ ~ 2455 141~ Avenue V~'O i~,~1¢~, ~ 32g~1..83~8 T~lephon~: ~1~ · F~: ~1-~17 March 26, 2002 Mr. Tracy Hass City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Sebastian River Landing - Forte Macauley Development Indian River County, Florida Engineer's Project Number: 02-145 Dear Mr. Hass: On behalf of the subject property owner's we are requesting that the subject property be annexed within the corporate limits of the City of Sebastian. The property consists of 72.5 ac. and is located on the southeast comer of the intersection' of CR510 and CR512. Attached is a copy of the survey with legal description of the property. Our client for this project wants to y~/ceed as soon as possible on this project. S houlT/?h~vg~ fany Jluestions Fan~y Mosby, P.E. regarding the above subjeCt, please call. RLM/jeb City of Sebastian Permit Application No.' Development Order Application ~not owner, written authorization (notarized) from owner is required) Name: MR. TIM ~E~S Address: 1688 W. HIBISCUS BLVD. MELBOURNE, FL 32901 Phone Number:.. (321) 953 3300 FAX Number:. (321) 984-2890 E-Mail: L ~ different from applicant) Name: Address: Phone Number: ( ) FAX Numben ( ) E-Mail: ~equested' PLEASE COMPLETE ONLY'THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A-i-i'ACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. SEBASTIAN"RIVER LANDINGS IA. Project's Name (if applicable): B. Site Information Address: SOUTHEAST CORNER OF CR512 & CR51 0 _._______ Lot: Block: Unit: Subdivision: SEE LEGAL -----'--- Indian River County Parcel~. 23-31 _38-00000-5000-0000'5-0, 5.1, 5.2 Zoning Classification: Future Land Use: RES IDENTIAL ____._-- ~ PUD-R Proposed Use: RESIDENTIAL Existing Use: VACANT C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary):_.ANNEXATION FROM INDIAN RIVER COUNTY TO T E CITY OF EBASTIAN AND THE DEVELOPMENT OF A RESIDENTIAL PLAN DEVELOPMENT DATE RECEIVED: ,~ / ~-~//90, FEE PAID: $ _~?), .6~:), RECEIVED S ....... Permit Application No. ~ct Personnel: .__~nt: RANDY MOSBY, P.E. Name: MOSBY & ASSOCIATES, !NC. Address 2455 1 4th AVENUE VERO BEACH, FL 32960 Phone Number;.(561)569 - 0035 FAXNumbeE (561 )778" 3617 E-Mail: Name: Address FAX Number:. ( ) - Phone Number:. ( ) - E-Mail: Engineer: RANDY MOSBY, P.E. Name: MosBY & ASSOCIATES, INC. Address 2455 14th AVENUE VERO BEACH, FL 32960 Phone Number:. (561) 569 - 0035[=AXNumbeE (561 778- 3617 E-Mail: ___----- S__.___~._~y o r: Name: WILIAM MOTT LAND SURVEYING, INC. Address 1275 S. PATRICK DRIVE, SUITE H SATELLITE BEACH, FL 32937 PhoneNumbe¢: (321) 773" 4323 FAXNumber: (321) 777-4795 E-Mail: <-'~UO:~'~J~, , z.~ -~, _, BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X I ~M-THE LEGAL'REPRESENTATIVE OF ~= OWNER OF ~E PROPER~ DESCRIBED WHICH IS ~E S~BJECT MA~ER OF THIS THE INFOR~TION, ~PS~" DATA AND/OR S~CHES PROVIDED IN ~lS APPLICATION ARE APPUCA~O~ THA~ALL OF ~ ~OWLEDGE AND BELIEF- /O ~ DATE 'AS IDE~FICA~ON' THIS I~ ~Y OF ~~ I'' ~~ NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COM?ISSION NO~TION Pa e2of3 Revision: Development Appiica Eon File Name: Dca Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/VVE, THE OWNER(S) X THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT ~)F .THIS APPLICATIOI~, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planninq & Zoninq E~OARD/COMMISSION OF THE CITY oF SEBASTIAN (THE "BOARD"/"COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/~NE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING' THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THi.~lCC~I~~ONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR AGE . OONTR^OTOR oR oP ,O,AL oF THE C,TY OF SEBAST,AN. Swom to and~subscdbed before me by -"7""7/YIo-r-M}/ --~'~('-fJ'~ · who is oersonatly known to..l:l~or produced as identification, this ~_~day of /'~9~~4 ., ~ ~C:;O~-- Notary's Signature Pdnted Name of Notary Commission No./Expiration Seal: lief ~'".'T..5, MY ¢OMa~SSlON #CC ~2~, i1~..~.~¢ EXPIRES: Ua= S, 2005 Form CD-200'~ Revision: Developmen~ Appfica don File Heine: Dca AFFIDAVIT OF OWNERSHIP STATE OF FLORIDA COUNTY OF INDIAN RIVER President of 510/512 H01dings~.Inc. I, j~_e~ Davis, Prerid~t of River Yall.ev Farms. Inc.. ~ duty sworn dc-pose a~ct say tha~ I am the .Comoradon.~~ a=cl lmowa a=d d~si~-~ as: Appro~rnatdy 78 acres. Tvrp 31, P,.ng 38 ~ SW 1/4 of Section 23, Iagian Kiv~ County That I authorLze the appli,-~,~ts, as Rep~es~mt[ves of Forte Ma~,,~y Devetopm~t C. ommZtants, Inc., Hugh M. Eras, ,Ir., Axthm' F. Ev-~,,~, TIT and7'o~ Thnothy C. Selus, to be om: agemm ami apply for thc consicI~ralion of a.unc~tion, r~_,~iv, g. sit= plan approvals, subdivision pl~t review application, prolir~i'~n~7 and final plat review and approval, or any other necessary d=ve/~pmcnt as a sinst¢ family r~id~c= sulxtivision wirbi~ the I~rli~ River Count~. and tha~ rb¢ staram=nU of fact c~mr~i~e.d in said application ar~ true. STATE OF FLORIDA COUNTY OF INDIAN RIVER by --~ P~.,~ ~v'-~_i . ~o ~ personally k~ow~ m mc, or who has produc=cl. lv[y.Comrmi?sion Expires: ~$/16Z2002 1¢:41. F:.L~:321 984 2890 EVXNS BUTLER AFFIDAVIT OF OWNERSHIP STATE OF FLORIDA COUNTY OF EIREVARD I, Timothy C./lEas, mcmbe, r of Sebastian River Landlng, IX, C, being duly sworn depose and say Scbas~an River Landing, LLC is the Developer of that certain piece or parc~l of land situated and lying in the City of Sebastian a/or, said, and known and designated az: That I authori~ Rzpre~emtatives of Mos~ ~d ~sod~tes, ~c. m be ~e ~~, ~Ci ~d ro apply for ~e ~nsidmfiom ~ ~fio~ r~o~f, ~b~ion pi~ ~ew apph~o~ prelimi~ ~d ~ plat r~ew ~d n¢cess~ ~V~m~t or~, ~mp pl~ ~~t, or p~: ~q~ed to d~op ~d p~t ~e above d~bed prope~ ~ a ~e f~y z~d~ce ~b~ion ~rhi~ ~e Ci~ of Seb~ ~d · at ~e ~t~ of~c~ con~ed ~ s~d T~o~y C. ~us, Memb~ STATE OF FLORIDA COUNTY OF The foregoing im'tmm~t was ao~owledged before me th;~ /'~ '~ day of by ~~ C. Dc ~ , who ~ p~a~y ~o~ ro me, or w~ ~ ~o~ced ~ i~n~cadon. S~c of~od~ at L~ge ,2002, ELIZABETH E. KENNEDY Nol'ap/Public, Slam ct Florida My comm. exp. Aug. 31, 2004 Comm. No. CC !~,4859 171.044 Voluntary annexation.m (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three pdnted copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an' exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Upon publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection shall not be the basis of any cause of action challenging the annexation. History.--s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90-279; s. 16, ch. 98-176. ;.moved 's quite ' every~ crews :of ','the ~espite of coh~ ~or~ [ion 'to [~'-at 2 ~truc~ Friday; May;9,- 2003· The. PmssJoumal 'A9'' PUBLIC' G .NOTICE 'VOLUNTARYANNEXATION CITY' OFSEBASTI , FLORIDA The':City C0Uncil of the City of :':Sebastian, Indian- 'RiVer -' CoUnty~ Florida,. :has 'ieceived a..petition for. volun~ ~ anhexat, ion '!.for .property: whose owner proPoseS.a reSidential., develoP/nent, and therefore proposes t0::adopt the following ordinance: .... ' ,::ORDINANCE:NO,' 0.03,07' 'AN -ORDINANCE .OF THE 'CITY"OF 'SEBASTIAN, FLORIDA, PROVIDING FOR TIlE"VOLUNTARY :ANNEXATION OF '72.447 ACRES, MORE OR 'LESS, BEING 'A PART'OF SECTION 23, TOWNSItW SOUTH;' :~ 'RANGE 38. EAST LOCATED- 'AI~. ONG .'THE .ST, SEBASTIAN RIVER'NEAR THE INTI~RSECTION .. :.OF'CP~:510AND CR'512;:PROVIDING(FOR INTERIM . . "LAND.'. ;USE AND ZONING CLASSIFICATION; · .; :..PRO~DING:.FOR CONFLICT; PR0YIDING FORAN EFFECTIVE:DATE.i ..... .,. '~.~ p"~.n.c.'.h~.an..the/or~.=e :wm. b'e he~d~-on 'Wedne~dar, ..h~ay l~,..::z0o~.:at aPproximately 7:00..P.m.' in,'the;City :council' /Chambers; CiO/Hal!, :I225.Main'Street~ Sebastian...-' ;Foll0wing'the' Public'. henring,.:'thetCityt Council .may .adopt [the :ordinance :.to.' a~nex, th~ :proP~,, .~_y ns:~.shown'.in the:map below and'; generally, described i~'_tiie6ordin~e:.tifleabove: . ·: -.~].._~..~..... ; . :-[~. s,~' -.. ~.... ~ ~ ', , ' .,':.' ~ ~'.'"' ' -..': -~.' · ' ~:.- f/f~" ":: · ~.,,. ~.. Interested parties may ins]~ect the, ·proposed ordinance, and the complete:legal.deScription of the. properS.by'metes and bounds',':!n '-~e .i Growth,. Management Depa~-tment' at City Hall,"Mbiida~,'thrOugh ,F,~da~·.8.a;m.'i0'4:30 .P.m.. and 'may '-aPpear:'.[~?,'~.e :heat~g and. be heard-'with t;esPect .to 'the proposett'.ordinance~ - i ' ' . " Any pefson-wh0 ,may.. v~i~h to appeal, any .d~¢i~ion'.which may be. made· by.the' CitY Couh~ii at this heating Will['.need to ensure · _that:.a veri~atim .re~ord. of :the proceedings is' made Which record includes the:testimony and. e~dence uPon:Which the 'appeal.will be based'.. (28~;0'105';F.S.)" :" '. .... 'In compliance .~Vith,the Americans With Disabilities Act.(ADA), anyone :who needs.a Special.accommodation for' this .meeting' ~hould co~tact the City's ADA ~..ofl~t~nntr~r nt ~.RO_~cUIfl City of Sebastian, Florida Subject: Second reading and adoption hearing for Ordinance No. O-02-13; land use amendment for a proposed 72-acre planned unit development situated at the intersection of CR 510 and CR 512, and known as Sebastian River Landings. Agenda No. /P 3./9 ~ 5' Department Origin: Growth Management Traey E. Hass-~--~ Date Submitted: May 7, 2003 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY The proposed Sebastian River Landings PUD will occupy land that is currently unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 512. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned Agricultural (A-l) with a Low Density Residential (L-l), 3 units per acre, land use designation and the applicant wishes to re-zone the property to Planned Unit Development Residential (PUD-R), with a comprehensive land use designation of Low Density Residential (LDR). The conceptual plan outlines a total of 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node of approximately 5 acres in size, including a 1-acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development may contain 125 square feet of commercial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres). Seeing as the proposed commercial land area exceeds the maximum pemaissible within a PUD, the applicant has agreed to remove the commercial node from the PUD. Accordingly a separate land use change is being requested for designating the commercial area as Commercial Limited (CL), thus allowing neighborhood commercial uses as intended by the developer. The Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request during a public hearing held on July 18, 2002. Furthermore, the City Council authorized transmission of the requested land use amendment to the State Department of Community Affairs (DCA) during the transmittal hearing held on August 28, 2002. As the plan demonstrates sound planning practices consistent with State Comprehensive Planning Objectives, the DCA has authorized the City to adopt the requested amendment. Move to adopt Ordinance No. 0-02-13. RECOMMENDED ACTION ORDINANCE, NO. 0.0243 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLOR[DA, APPI?iOVIi~G AMENDMENT TO THE COMPREHENSIVE PLAN W]~CIt A/VIENDS FUTURE, LAND USE MAP TO DESIGNATE Ii~RTIAL LAND CLASSII*ICATIONS OF LOW DENSITY RESIDENTIAL (I. DR) AI.~ COMMERCT&L LIMITED FOR ANNEXED LAND WIT[[ A PRIO]t COUN.TY LAND USE DESIGNATION AS LOW DENSITY RES][DEI~grI,~kL 3 UNITS ACRE (L-l) FOR LAND CONSISTING OF 72.45 ACRES, MORE OR LESS~ AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS A]q'D ADMINISTRATI~71g ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEV~',RABILITY; AND PROVIDIlqG FOR EFFECTIVE DATE. xWIt[Ell~AS, the City Council has considered the appliCation of Timothy Jelus ~md ti[ugh Evans for an amendment to designate an initial land use for certain property considered annexation from its existing County Future Land Use Map design~[tion of L-1 (Low-Dens:~l'y Residential, 3 units per acre) to two parcels designated LDR (Low Density Residential) and GL (Commercial Limited) in the City; and WHElt/EAS, the City Coundil has considered the criteria identified in Section 203..- 11.8(c) of the Land Development Code and Florida Statutes together 'with the findings recommendations of its staff and the Planning and Zoning Comtrdssion; and W~ti]gREAS, the .City Council has provided notice of the proposed Plan Amendment. m:t:l has conducted the required public heatings to receive citizen input; and: WHEltF_,AS, the City Council has considered the applicable proxdsions af the exJ~tfl:~g Comprehen:dve Land Use Plan; and WltEREAS, the City. Council has determined that 'the pro)osed changes in the Comprehemive Land Use Plan, are consistent with the existing comprehensive: plan and th:~ future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY ~ CI~rY COUNCIL (}]? THE CITY OF SEIIlASTIAN, INDIAN RIVER COUNTY, FLORIDA, ~ts fbllows: Section I. AFFEC~D PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following desca-/bed :r~a~ property, now lying and being within the incorporated area of the Ci'~ of Sebastian, hadian River County, Florida: See attached Exhibit "~t " Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Ma.t: sh~dI be mended to include the affected property, and designate the following described property as LDR (Low Density Residential): See attached Exhibit '~- and shal/designate the follov6ng described property a~ Commercial LL~ed: See attached Exhibit "C" in accordance with the requirements of Florida law. Seet,ion~3. TRANSMITTAL. The City Manager is directed to tran~rnit a~ c',en~ed copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon Fassage at reading,, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. .,Seetjon__4. CON'FL/CT. All ordinances or parts of ordinances in conflict herewi:a are hereby re~ealed. Section 5_. SEVERABILITY. In the event a court of competent ju~sdiefion ~h~l hold or determine that any part of this Ordinance is invalid or uncons'~tufional, the rer~xinder the Ordinance shall not be affected and it shall be presumed that the C/ty Council did not in~end to enact such invalid or unconstitutional Provision. It shall fur~er be a~,~arned that the Cfi?, Council would have enacted the remainder of this Ordinance without s~d invalid or unconstitutional provision, thereby causing said remainder to rema~ in l.kl~ force anc~ effect. Sectiqn__~6_. EFFECTIVE DATE. This Ordinance shall take effect upon the.. concurrence of the issuance of a Notice of Intent by the Florida Department of Comrnun/~..v. Aff~rs or other final act/on finding the amendment herein in compliance and annexation of property into the corporate limits of the City of Sebastian. PASSAGE UPON FIRST REAl)lNG The foregoing Ordinance was moved for passage upon first reading this 28th day of August, 2002, by Councilmember .. Barczyk _. The mofioz was second~.zl by Councilmember Ma j cher Mayor Walter Barnes Vice-Mayor/lames A. Hill Councilmember Ice Barczyk Councilmember Edward ~. Majeher, Cotmcilrnember Ray Conigtio and, upon being put to a, vote, the vote w~s as follows: aye aye aye aye ATTEST: cf'"er ; ' . City ADOPTION The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: ', Mayor Vice-Mayor Councilraember Councilmember Councilmember The and, upon befug pm to ~,, vote, The Mayor them-pon declared t~s Ordinance du/y passed and adopted ~s -- ., 200___. day of crry o~ SEBAsTL42¢, FLOP, mA By: __ ATTEST: Mayor Sally A. M. aio, CMC City Clerk Approved as to form and ]egali£y for Reliance by the City of Sebastian on/y: Rich SUinger, City .Attome3, SKE 1N S TCH (NOT A SHEET LAND DESCRIBED IN BOOK 106ffk PAGE: 2110 LAND DE:SCRIBED IN O,R. BOOK 1063. PAGI=' 1071 1.16 1 OF 3 t LAND OI':$CRIBE:D' 'IN 0.R. EI00K 1131, PAGE: 2672 S0U'il-I[AET ~/4 'Dj; THE SOUTHW~SI' 1/4 LESS 0..~. B'O(IK 193, PAGE &gE; I I FLA. CERT. NO~6189 THIS SKETCH HAS EEEN PRE'PA, RED FOR THE EXCLUSIVE: U.'~" OIr THE PERSON, PERSONS OR OR,GANIZATION IOENT1R-,-'.D BEI.OW .N',IO ITS CEFI- Ti'F'ICATION IS NON-FRANSP'ERABJ,..E. ANY COlOr HF..R~OF', TO i:~E CO~,I- CERTIFIED TO: FORTE MACAULAY DEVELOPMEN';" CONSULTANTS, INC. " SKE TCH OF LEGAL (NOT A SURVEY) SHEET 2 OF 3 UNE TABLE .... UNE LENOTH BEARING L1 65,41' "S 89'43'01" E L2 21.99' N 00'08'38' E L3 6§5.71' N 00-15'08" E L5 500.59' S 89'49'19" E L6 659.29' N 0010'40:" E L7 762.51' $ 89'36'05" E: L8 124.58' S 00'16'54" W L9 24,09' $ 89'41'38" W L10 332.97' N 00'O8'39" W ,,, Lll 188.69' N 18'41'03" E L12 1365,52' S 36'4.6'08" E~ L13 966.2.3' S 00'20'59" W L14 1788,06' N 89'4.3'01' W ..... L15 564.30' N 00'16'59" E L16 313,50. N 89'4-3'01" W L17 564.30' S O0'16'59" W L18 387.15' N 89'43'01" W "CURVE RADIUS DELTA LENGTH CHORD .... C1 2:205,75' 12'07',.33" 466.82' ' 4.65.95' CHORD CALE: l'm40OJ DWN.BY: D.D.G. I CHD.By: J.M.M. ICUENT NO. 2020015 THI~ SKEi'CH HAS Br~'N PREPARED FOR THE E~CLU~; UE'E: OF TIlE PERSON. PEI~OI~ CR ORO~HIZA'rION ~)ENT1FIED EEl. OW AND 'TS TII~CATION I$ NON-1RANSFERABLE. ANY COlOr HEREOF, TO lie CIDI, t- S/DERED VAUD, MUS1 BE EMBOSSED v~P,.-} '/HE SE.%. OF A SURVEYOR EMPLOYED E'f TH~ FIRf. t. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. SKETCH (Nor ^ SHEET OF LEGAL, SURVEY). 30F3 LEGAl. DESCRIPTION: OVERAE. PARCEL (BY SURVEYOR) Lands deec~iloed in O.R. Book t131, Page 2872, O.R. Book 108~, Page 2t10 and O.R. Book lC~3, Page ~1071, of the Public Records of Indian River, County, Florida, Lyir~j in Section 23, Townshit~ 31 South, Range 38 East, of said Indian River, Count% being mom particularly des=lbed as follows: Beginning att he Southwest comer of said Section 23; thenceSouth 89o43.0,1,, East along the South line of said Section 23, a distance of 65.41 Feet to the East Right-of.W;~/line. of Count~ Road per F.D.O.T. (Florida Department of Transportation) Right-of-Way map I~ Ine18851-15(t, as recorded.. in Plat Book 11, Page 30, of the Public Records of Indian River C~mnty and the POINT-OF. BEGINNING of the herein described parcel; thence North 00°08'38" East along said f~-t Right,-r.)f. Way line, a distance of 21.99 Feet; thence North 00°1g08'. East along said East Rlgb;.'-of-Way Iirle, a distance .of 6~i.71 Feet to the South line of lands described in O. Ft. Bo ~i<, 1321, Page 0773, of the said Public Records of IndianRJver County;, thence South 89°49'19" E~rt along said South line, a distance of S00.59 Feet to the East line of said O.R. Book 1321, Page 0Ti3; thence North 00°10,40" East along said East line, a distance of 6~9.29 Feet to the North line of the Southw~st 1/4, cf the Southwest 1/4 of said Section 23; thence South 89'36~15" Easf= alor. g said North line of fl~ Southwest 1/4 of the Southwest 114, a distance of 762.51 Feet to the Northsast comer of tJm Southwest 114 of the Southwest ~/4 of said Section 23; thence South 00°16'34" West al ong the East line of said $outh~vest 1/4 of the Southwest 1/4, a distance of 124.58 Feet; thence No~th 89"~l~'38" a dmtance of 24.09 Feet; thence North 017'08"39" West, a distance of .332.97 Feet; thence 18°41'03'' East, a distance of f86.69 Feet to the point of curvature of a r~ tangent cin=ul,ar curve concave to the Northweet~ having a radius of 2,205.75 Feet, and a central =~gle of t 2'07'33"; then=a f~om a tangent bering of North ~0°34'29'. East, run Northeasterly along tt~ arc ofsaid curve an am distance of 466.82 Feel:to the West Right-of-Way line of the Seba=,l~ar~ RIV~r Drainage District Righ'l:. of-Way, as recorded in O.P~ Book 193, Page 496, of the said Public Records of Indian R,;ve ~ County; thence South 3~°4~'08- East along the said West Right-of-Way line, a distance of 1,36S.5~ F~; thence South 00o20'$9- West along the ~itd West Right-of-Way Iir~ a disf~nce of 965~3 Feet t~3 the South line of the Southwest 1/4 ofsak~Sectlon 23; thence North 89'4~1'0~" West along t~ South line, --~ distance of 1,788.06 Feet to the East line of lands descrfbed in O.R. Boo k 486, Page 677, of the said Public Records of indisn I~'ver County; thence North 00~11i.'S9- East alc. ng t.~. E=.stl line of said O.R. Book 486, Page 677, a diStance of $64.30 Feet to the North line of saki OR. I~o~ 486, Page 677; thence North 89°43'01,, We~t along the said North line of C1.R. Book 48l;, Page a c0etance of' 313.50 Feet to the West line of said O.R. Book 486, Page 677; thence South 00~16'$9~, West along the said West line of O.R. Book 486, Page 677, a distance o1' ~C~4.,30 Feet to fl~e saki South line of Southwest 114 of said Section 23; thence North 89'43"0~" W~st along the saiCt line, a distance of 387.15 Feet to the POINT-OF-BEGINNING. Containing 72.447 A~'es of land more or less. 2020015 ON TRi~=~.r~A~I.E. AN~ CORY HCEEOF, ~) BE CON- SI0[R-[D VAU0, MUST I1[ EMBOSSED WlIH ~ ~ O~ A RECt~'ER£D C£RTIFIE:D TO: FORTE I~IACAULAY DEVELOPUENT CONSULTANTS, INC. ¥~LLIA~ ~OTT LAND SURVE~YING SKE TCH' ('NOT A SHEET N ~8 LAND DESCRfBED IN O.R. BOOK 1085, PAGE 2110 ~. P.O.B. LAND DESCRIBED IN O.R, BOOK 1083, PAGE 1071 L16 OF LEGAL, suRvEY) 1 OF $ I / LAND DESCRIBED IN O.R. BOOK 1131, PAGE 2872 SOUTHEAST 1/4- OF THE SOUTHWEST LESS O.R. BO0( 193, FaAGE 4-96 09/17/02 mo R - , LE. ~ CO~' HEREOF', TO ~E CON-- SI,(E TCH OF LFiGAL (NOT A SURVEY) SHEET 2 OF 5 I, Cl t 2205.75' UNE TABLE - lINE LENGTH BEARING L1 65.4.1' S 89"43'01" £ L2 21.99' N 00'08'38" E L3 555.71' N 00'15'05" E L4 100.00' N 00'15'08" E L5 500.59' S 89'49'1 g" E L6 559.29' N 00'10'4.0" E L7 762.51' S 89'36'05" E L8 124.58' S 00'16'34" W Lg 24..09' S 89'4.1'36" W L10 332,97' N 00'05'39" W Lll 186,69' N 18'4.1'03" E L12 1365.52' S 36'46'05" £ L13 956.23' S 00'20'59" W L14. 1788.06' N 59'4.3'01" W L15 564,30' N 00'16'59" E - L16 313,50' N 89'4.3'01" W .,, L17 14.12' N 00'16'59" E L18 387.50' N 89'4.g'19" W CURVE TABLE DEI. TA I L.ENGTH 2'07'33" 4.66.82' t C:HORI) J CHORD REARING 465.95' J N 44',~0'4.2" E DW,.5~':D.D.C;. tCHD.~':J.,.~, tCU~NT ,O. 2020015 AND LEGA"-"~ ;'REVISF. D'~" 09/17/02 ~CATION  JONATHAN M. MO~. P.L.S. ~. CERT. N0.5060 THIS SKL~CH HAS BEEN I~R~PARED FOR THE: EXCLUSIVE' USE' OF' THE ~?~_O__N, ~ER$ONS cR ORC~ZATION ~OENTIR£O BELOW /~0 /II'I~ATION IS NON-I'RANSFERA~I.~. ,ad,,~y COlby. i.ii::REOF, ~ E~E COH- SJ~RED V~O, MU~' BE EM~ED WI~ THE S~ ~ A R~IST~R,ED ~R ~P~D ~ ~ RRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. SKETCH (NOT A SHEET OF LEGAL,, SURVEY) 3 OF 3 LE(LAL DESCRIPTION: P.U.D. ZONING PARCEL (BY SURVEYOR) Lends deecribed in O.R. Book t131, Page 2872, O.R. Book 1085, Page 2110 an,:l O.R. Book 1063, Page 1(17t, ufthe Public Records of Indian River., County, Florida, Lying in Section 23, Township 31 South, Range 38 Bas% c! said Indian River, Cour~y, being mom particularly described as follows: Beginning at the SoL~twast comer of said Section 23; thence South 89~43'01- East along the South iir~ of said Sec'~ion 23, a distance of 6~AI Feet to the East Right-of-Way line of Courity Road 510 per F.D.O.T. (Florida Department of Transportation) Right-of-Way map panel 88S1-150, as recorded i~ Plat Book 11, Page 30, of the Public Records of Indian River County; thence North 00*08'38" East along said East R lght-of-Way line, a distance, of Feet:; thence North 00°t~'08" East along said East Right-of-Way line, a distance of 556.71 l=eet to ~he POINr-OiF. BEGINNING of the herein described parcel; thence continue North 00°1E0~'. ' East along said East RIDht-of-W~;! line, a distance of 100.00 Feet to the South line of lands described in O.R. Book 1321, Page 0:73, of the said [~Jblic: Records of Indian River County; thence South 89°49'19'' East along said South line, a distance of 500.59 Feet iD the East line of said O.R. Book 1321, Page 0773; thence North 00°10'40" East along said ~ line, a distance ¢~,f Feet to the North line of the Southwest 114 of the Southwest 1/4 ofsaid Section 23; thence South 89~36'05" East =llonE said North line of the Southwest 114 of the Southwest 114, 'a distance o'1' 762.51 Feet to the Northeast corn,~r ~31' the Southwest 114 of f~e Southwest 1/4 of said Section 23; thence South 00°16'34" West along the East Iin~. ot"sa~,~ Southva3st 1/4 of the Southwest 114, a distance of 124.S8 Feet'., thence North 89°41'3~" ~t, a diatmnceof 24..09 Feet; thence North 00°08'39'' West, a distance of 332.97 Feet; thence North 18°41'03" E;as~ a distan¢~ of 186.6~1Fset toth,, point[ of curvature of al non tangent circular curve concave to the Northwest, ha ring a radiu~ of 2,205.7"5 Feet and a central angle of ~t 2°07'33"; thence from a tangent bearing, of North 50°34'29.' ~.mt~ run Nort~easf. eriy a[o~!:l th~ arc of said curve an arc d~stance of 466.82 Feet to the West Right-of-Way line of thl., Sebastian P-~iver Drainage D%;ltrict Righ'~-of-Way, as recorded In O.R. Book 193, Page 496, of the said Public Records of Indian River Cou~nt3~:: th~mce South 36"46'08" Eastaiong thesaid Weet Right-of-Way line, a distance of 1,3~5.$:'. Feet; thence South 0,0°:.~'5 9" Wes~ along thesaid West Right-of-Way line, a distance of 966.23 Feet to the South line ofthe Southwest 1/4 of sakl Section 23; tl~ence North 89~43'01'' West along the said South line, a distance, of 1781~.06 Feet to the East: line ~' lands desc~bed in O.P,. E3ook486, Page 677, of thesaid Public Records oflndtan River County;, theno.- No~ 00°'!6"C~9'' l-:as~ alon~;I the East line of said O.R. Book 486, Page 677, a distance of 564.30 Feet to fl ~e North i]ne of se Jcl O.R. B cx3k 466, Page 677; thence North 89°43'01'' West along the said North line of O.R. Book 4.86, Page 677, a di~,~ance c,.' 31 Feet '~o the Northwest comer of said O.R. Book 486, Page 677; thence North [10°'16'~9'' East along th<-> I~ilortller~ extension of the West Hne of said O.P,. Book 486, Page 677, a distance of 14.12 J:eet; thence l¢orth ;B$~°~.9'1.$'' wesi~ a dislance of 387.50 F~uat to the POINT-OF-BEGINNING. Contmining 67.307 Acr~ of land more or less. ~AL.E: 1 "=400' DWN.BY: D.D.G. CHD.BY: BOUNDARY AND LEGAL "REVISED" N0.202001§ ~H HAS I~'.'£N PREPARED FOR THE EXCLUSIVE USE OF' THE ~ID~ED VAUD. MU~ ~ EMBO~ ~1~ THE S~L OF A R=;ISTER;rD LSU~R EMPL~D BY ~ FIRM, ' ' CERTIFIED TO: MACAULAY DEVELOPMENT ~-'~'~ ,, FORTE C, ONSULTANTS, INC, ~ ~ ~ILLIAI~ ]~fOTT LAND SURVEY[i~G INC. (NOT A SHEET ? OF' 2' ' ~0.0' LAND DESCRIBED IN O.R. BOOK 1083, PACE 1071 0.~'. ~OOK ~0o3, PAGE 1071 P.O.C. SOUTHWEST CORNER OF SECT/ON 23, TOWNsHip 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTy, FLORIDA LAND DESCRIBED IN O.R. BOOK 1131, PAGE 2872 N 89'4. W 387. SOUTH LINE OF' THE ~4 r~ ' ' '~ SECTION 23, TOWNSHIP 3'1 S_O_UTHWEST 1 ~ou'rH, t~c,_'~. ,~'-_ --~-.-' RA..,.,,. ~c~ ~'AS7 !020015 CEF~TIF'IED TO: FORTE MACAULAY DEVELOPMENT CONSuLT, U~ITS, INC. ~.,, P.$.M. ~.,.,, C SKETCH OF LEGAL (NOT A SURVEY) SHEET 2 OF 2 LEGAL DESCRIPTION: COMMERCIAL ZONING PARCEL (BY SURVEYOR) A portion of lands describedin O.R. Book 1131, Page 2872 and O.R. Book 1063, ;]age. 1071, of the Public Records of Indian River County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being ~,,ore particularly described as follows: · Beginning at the Southwest corner of said Section 23; thence South 89° .~)"0.1I ,, along the South' line of said Section 23, a distance of 65.41 Feet to the East Right-oF- Way line of County Road 510 per F.D.O.T. (Florida Departrnent of Transporl:atior~) RiGht-of-Way map panel 8851-150, as recorded in P~at Eiook 11, Paoe 30, ,of the Public Records of Indian River County and the POINT-OF...BEGJNNING of the herei.~ described parcel; thence North 00°08'38-. East along said East Riglht-of-Way iline, a disf~nce of 21.99 Feet; thence North 00°15'08- East along said East Righi~.-of-Way line, a distance of 555.71 Feet; thence South 89°4~'19- East, a distance of Feet to a point on the NortheHy extension of the West line of lands describe..~ ~n O.R. Bo¢~: 486, Pacje 677, of the said Public Records of indian River County; thence 00°16'59" West along said Northerly extension and said West line of said O.R. 486~ Page 677, a distance of 578.42 Feet to the said South ~)ne of Soufl~west '1Al. of said Section 23; thence North 89°43'01" West along the said South line, a dis;bar~=e of 387.15 Feet to, the POINT-OF-BEGINNING. Containing 5.140 Acres of land more or less. C E_..._R_T~FICATION GNINC ~Arr'. In., /, DANIEL 0. GARNER, P.S.M. ~TI~CATION 1'~ ~, ',~ ........... .I.~.~ll~'lc,~ ~..Lr~' /'NO Ir~ CER- - '~'~,---,~-~r:.~a~L~.. ANY C~1:~9' HEREOF T S~D~RF.D VN.JD, MUST BE . O EE CON- tCERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. YFILLIAJ~ NOTT L~J~D SURVEYING ~NC. ORDINANCE NO. O-02-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COM2PREHENSIVE PLAN WHICH AMENDS TI:IE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSItICATIONS OF LOW DENSITY RES][DENTIAL (LDR) AND COMMERCIAL LI34ITED FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-l) FOR LAND CONSISTING OF 67 ACRES, MORE OR LESS, KNOWN AS SEBASTLMN LANDINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. ~REAS, the City Council has considered the application of Timothy Jelus and Hugh Evans for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of L-1 (Low Density Residential, 3 units per acre) to two parcels designated LDR (Low Density Residential) and CL (Commercial Limited) in the City;, and WHEREAS, the City Council has considered the criteria identified in Section 54-1-2.9 of the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WI:rEREAS, the City Council 'has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WI~REAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and Wl:IEREAS, 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, TI:rEREFORE, BE IT ORDAINED BY TFI'E 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 of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the following described property as LDR (Low Density Residential): See attached Exhibit "B" and shall designate the following described property as Commercial Limited: See attached Exhibit "C" in accordance with the requirements of Florida law. Section 3. TRA~NS~AL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading,, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Community Affairs or other final action finding the amendment herein in compliance and annexation of the property into the corporate limits of the City of Sebastian. PASSAGE U'PON FnlST READING The foregoing Ordinance was moved for passage upon fist reading this 28th day of August, 2002, by Councilmember Councilmember Ma j c h e r Mayor Walter Barnes Vice-Mayor James A. I-~ Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio Barczyk The motion was seconded by and, upon being put to a vote, the vote was as follows: aye aye aye aye aye ATTEST: City Clerk' ADOPTION The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: Mayor Vice-Mayor Councilmember Councilmember Councilmember The and, upon being put to a vote, The Mayor thereupon declared this Ordinance duly passed and adopted this __ ,200~. CITY OF SEBASTIAN, FLOR/DA day of ATTEST: By: Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney SKF, N S TCH (NOT A SHEET OF LEGAL SURVEY) 1 OF 3 I / ® LAND DESCRIBED IN O.R. BOOK 1085, PAGE 2110 1.5 LAND DESCRlaED ~. L16 oI SCALE: , ' ;CERTIFICATION I HERE~ CER~F~' T~AT T~I$' SK&'I~CH ~ ~DE UNDER W RESPONSIBLE C~GE ~O ME~ ~ ~IN~MU~' ~CHNt~L ST~S ~ S~ FOR~ ~ THE ~ORI~ g~O OF SIGNING ~T~: !0~02 F~. CERT. N0.6~89 LAND DESCRIBED IN O.R. BOOK 1131. PACE 2872 SOUTHEAST I/4 OF THE SOUTHWEST 1/4 LESS O.R. BOOK 193. PAGE 496 LI~ -- j I iT HIS SKETCH HAS BEEN PREPARED FOR THE EXCLUS~'~'ffTHE J ~PERSON. PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- i TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF. TO BE CON- ~SIDERED VALID.' MuST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOY~.'D BY THIS FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SATEUJTE BEACH PROFESSIONN. CENTER 1275 SOUTH PA33~ICK DRNJ:. SUITE H SATI'.'LUTE BEN:H, FI.0RI~ 32937-3955 TCH OF LEGAL (NOT A SURVEY) SHEET 2 OF- 5 UNE TABLE UNE LENGTH BEARING L1 65.41' S 8g'43'01" E L2 21.9g' N 00'08'38' E L3 655,71' N 00'15'08' E L5 500.59' $ 89'49'19" E L6 659.29' N 00'10'40" E L7 762.51' S 89'36'05" E L8 124.58' S 00'16'34." W L9 24..09' S 89'4.1'36" W LIO 3,:32.97' N 00'08'39' W Lll 186.69' N 18'4.1'05" E L12 1365.52' S 36'4.6'08" E L13 966.23' S 00'20'59" W L14. 1788.06' N 89'4.3'01" W L15 564.30' N 00'16'59" E L16 313.50' N 89'43'01" W L17 564,30' S 00'16'59" W L18 387.15' N 89'45'01" W CURVE RADIUS DELTA LENGTH CHORD CHORD BEARING C1 2205.75' 12'07'35" 466.82' ' 465. g5' N 4.4'50'42" E CERTII~ICATION ~ HE.'REBY CERT~P'Y' TI.~T THIS S&.;"rCH ~ MADE UNDER ~ RESPON$1BI..E CHARGE AIVO ~S~ ~D~ORS~ C~TER 61G 17--~. ~OR]~ ADM~N~S~ CODE 'U.~7 TO S~/j~ O~OR,~ STA~TES. ~GNI~G D~TE: 1~02 F~. CERT. N0.6189 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSNE USE OF THE PERSON. PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIRCATION IS NON--TRANSFERABLE. ANY COPY HEREOF. TO BE CON- SIDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGI~/~KED SURVEYOR EMPLOYED BY THI~ fiRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SAT[LUTE BEN=H PRO[~'SSIOI~L C£NTER 1275 SOUTH PATRICK DRN~. SUITE H SATELUTE BEN:H. flJ3RIDA. .~2937-3955 PHONE {'321~ 773--4323 ,~-~ ..~,~-~-~- SKETCH (NOT A SHEET OF LEGAL susv Y). 5OF5 LEGAL DESCRIPTION: OVERALL PARCEL (BY SURVEYOR) Lands described in O.R. Book 1131, Page 2872, O.R. Book 1085, Page 2110 and O.R. Book 1063, Page 1071, of the Public Records of Indian River, County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being more particularly described as follows: Beginning at the Southwestcomer of said Section 23; thence South 89°43'0f' East along the South line of said Section 23, a distance of 65.41 Feet to the East Right-of-Way line of County Road 510 per F.D.O.T. (Florida Department of Transportation) Right-of-Way map panel 8851-150, as recorded in Plat Book 11, Page 30, of the Public Records of Indian River County and the POINT-OF- BEGINNING of the heroin described parcel; thence North 00°08':38'' East along said East Right-of- Way line, a distance of 21.99 Feet; thence North 00°15'08" East along said East Right-of-Way line, a distance of 655.71 Feetto the South line of lands described in O.R. Book 1321, Page 0773, ofthe said Public Records of Indian River County; thence South 89°49'19'. East along said South line, a distance of 500.59 Feet to the East line of said O.R. Book 1321, Page 0773; thence North 00°10'40.' East along said I=~mt line, a distance of 559.29 Feet to the North line of the Southwest 1/4 of the Southwest 1/4 of said Section 23; thence South 89~36'05'' East along said North line of the Southwest 1/4 of the Southwest 1/4, a distance of 762.51 Feet to the Northeast comer of the Southwest 1/4of the Southwest 1/4 of said Section 23; thence South 00°16'34" West along the East line of said Southwest 1/4 of the Southwest 1/4, a distance of 124.68 Feet; thence North 89°41'36" East, a distance of 24.09 Feet; thence North 00~08~9'' West, a distance of 332.97 Feet; thence North 18°41'03.. East, a distance of 186.69 Feet to the point of curvature of a non tangent circular curve concaveto the Northwest, having a radius of 2,205.75 Feet, and a central angle of 12°07'33"; thence from a tangent bearing of North 59°34'29" East, run Northeasterly along the arc of said curve an arc distance of 466.82 Feetto theWest Right'of-Way line of the Sebastian River Drainage District Right- of-Way, as recorded in O.R. Book 193, Page 496, of the said Public Records of Indian River County; thence South 36°46'08'' East along the said West Right-of-Way line, a distance of 1,365.$2 Feet; thence South 00°21759" West along the said West Right-of-Way line, a distance of 966.23 Feet to the South line of the Southwest 114 of said' Section 23; thence North 89°43'01'' West along the said South line, a distance of 1,788.06 Feet tothe East line of lands described in O.P,. Book 486, Page 677, of the said Public Records of Indian River County; thence North 00°16'59.' East along the East line of said O.R. Book 486, Page 677, a distance of 564,30 Feet to the North line of said O.R. Book 486, Page 677; thence North 89°43'01'' West along the said North line of O.R. Book 486, Page 677, a distance of 313.50 Feet to the West line of said O.R. Book 486, Page 677; thence South 0~16'59" West along the said West line of O.P~ Book 486, Page 677, a distance of 564.30 Feet to the said South line of Southwest 1/4 of said Section 23; thence North 89~43'01" West along the said South line, a distance of 387.15 Feet to the POINT-OF-BEGINNING. Containing 72.447 Acres of land mom or less. ;CALE: 1"=400' DWN.BY: D.D.G. CHD.BY:J.M.M. CLIENT NO. 2020015 C ERTl FICATIO N ~ ~ ~( ~ DANIEL O. GARNER, P.S.M. ~GNI~ DATE: 1~/~2 F~. CERT. N0.6189 THIS SI(El'CH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDEN'flRED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON-- SlDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURV~'0R EMPLOYED BY THIS FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMEI~J~I' CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING~ITg~C.' SATELUI~ BEA~4 PROFE~ONAL CENTER 1275 SOUTH PATRICX DRIVE. SUITE H SATELLITE BEACH, FI.0RII~ 32937-3g55 PI.ION[ (.321) 775--4325 uc~s~ ~us~-ss '3a=a' SNE N P.O.B. S TCH OF LEOAL (NOT A SURVEY) SHEET 1 OF 3 I LAND DESCRIBED IN O.R. BOOK 1085, PACE 2110 LAND DESCRIBED IN O,R. BOOK 1063, PACE 1071 fL17 ®1 / LAND DESCRIBED IN O.R. BOOK 1131, PACE 2872 SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 LESS O.R. BOOK 193, PACE ~,96 L14 -- "=4oo'J DWN.FJY: D.D.C.'ICHD.BY: J.M.M. CLIENT NO. 2020015 ;CALE: 1 g iA. BOUNDARY AND LEGAL "REVISED" 09/17/02 I~ ~E , FINIMUM~~~~~HNI L ~TAN~O~ ~ S~ FOR~ ~ THE FL~I~ ~u ~ *ROFESSIO~ L ~O R '~ C~I~R BIGY7--6 ~ORI~ ADMINI~ ~ CODE STATUTES. SIGNING ~ATE: 09/04/02 F~. CERT. NO.5060 CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SAT[LUTE 8EACH PROI~S$1ONN. CENTER 1275 SOUTH PATRICK DRIP, SUITE H SAT[LUT[ BEACH, FLORIOA, 329.37-3955 PHONE (521) 77`3-452`3 UC~NSCD BUS'eSS THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND IT~ CER- TIFIGATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BY THIS FIRM. TCH OF LF, GAL (NOT A SURVEY) SHEET 2 OF 3 UNE T~BLE UNE LENGTH BEARING L1 65.41' S 89'43'01" E L2 21.99' N 00'08'58" E L3 555,71' N 00'15'08" E L4 100.00' N 00'15'08" E L5 500.59' $ 89'49'19" E L6 659.29' N 00'10'40" E L7 762.51' S 89°36'05" E L8 124,58' S 00'16'34" W L9 24.09' S 89'41'36" W L10 332.97' N 00'08'39" W Lll 186,69' N 18'41'03" E L12 1365.52' S 36'46'08" E L13 966.23' S 00'20'59' W L14 1788.06' N 89'43'01" W L15 564.50' N 00'16'59" E L16 313.50' N 89'45'01" W L17 14.12' N 00'16'59" E L18 387.50' N 89'49'19" W CURVE RADIUS DELTA LDIGTH CHORD Cl 2205.75' 12'07'35" 466.82' 465.95' CHORD BEARING N 44'30'42" E SCALE: 1"=400J DWN.BY:D.D.G. I CHD.BY: J.Id.M. CLIENT NO. 202001 ~ IA. ~OUND^R~' ANO ~E~A; '~',S~'D" 09/1~/0~ .... ~ , , CERTI~TION ~ ~ CER~m T~r ~ SK~CH was ~ UNO~R ~ RE$~NS~B~E C~ ~IGNINC DATI 09/04/~2 ~ F~. CERT. N0.5060 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIRCATION IS NON--TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDE:RED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BY THIS FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SAT[LUTE BEACH PROFESSIONAL CENTER t27§ SOUTH PATRIC~ DRIVE:, SUIT[ SATE'LUTE SFAC'H, FI.0RIOA, .32957--3955 PHONE (.121) 775--4323 SKETCH (NOT A SHEET OF LEGAL SurvEY) 3 OF 3 LEGAL DESCRIPTION: P.U.D. ZONING PARCEL (BY SURVEYOR) Lands described in O.R. Book 1131, Page 2872, O.P~ Book 1085, Page 2110 and O.R. Book 1063, Page 1071, of the Public Records of Indian River, County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being more particularly described as follows: Beginning at the Southwest corner of said Section 23; thence South 89~43'01'' East along the South line of said Section 23, a distance of 65.41 Feet to the East Right-of-Way line of County Road 510 per F.D.O.T. (Florida Department of Transportation) Right-of-Way map panel 8851-150, as recorded in Plat Book 11, Page 30, of the Public Records of Indian River County; thence North 00°08'38'' East along said East Right-of-Way line, a distance of 21.99 Feet; thence North 00°15'08" East along said East Right-of-Way line, a distance of 555.71 Feet to the POINT-OF- BEGINNING of the herein described parcel; thence continue North 00°15'08" East along said East Right-of-Way line, a distance of 100.00 Feet to the South line of lands described in O.R. Book 1321, Page 0773, of the said Public Records of Indian River County; thence South 89°49'19" East along said South line, a distance of 500.59 Feet to the East line of said O.R. Book 1321, Page 0773; thence North 00°10'40" East along said East line, a distance of 659.29 Feet tothe North line of the Southwest 1/4 ofthe Southwest 114 ofsaid Section 23; thence South 89~36'05'' East along said North line of the Southwest 114 of the Southwest 1/4, 'a distance of 762.51 Feet to the Northeast corner of the Southwest 114 of the Southwest 1/4 of said Section 23; thence South 00°16'34.' West along the East line of said Southwest 1/4 of the Southwest 1/4, a distance of 124.58 Feet; thence North 89°4T36'' East, a distance of 24.09 Feet; thence North 00°08'39'' West, a distance of 332.97 Feet; thence North 18°41'03" East, a distance of 186.69 Feet to the point of curvature of a non tangent circular curve concave to the Northwest, having a radius of 2,205.75 Feet, and a central angle of 12°07'33"; thence from a tangent bearing, of North 50°34'29'' East, run Northeasterly along the arc of said curve an arc distance of 466.82 Feet to the West Right-of-Way line of the Sebastian River Drainage District Right-of-Way, as recorded in O.R. Book 193, Page 496, of the said Public Records of Indian River County; thence South 36°46.08'' East along the said West Right"of-Way line, a distance of 1,365.52 Feet; thence South 00°20'59.. West along the said West Right-of-Way line, a distance of 966.23 Feet to the South line of the Southwest 1/4 of said Section 23; thence North 89~43'01'' West along the said South line, a distance of 17B8.06 Feet to the East line of lands described in O.R. Book 486, Page 677, ofthesaid Public Records of Indian River County; thence North 00°16'59.. East along the East line of said O.R. Book 486, Page 677, a distance of 564.30 Feet to the North line of said O.R. Book 486, Page 677; thence North 89°43'01" West along the said North line of O.R. Book 486, Page 677, a distance of 313.50 Feet to the Northwest comer of said O.R. Book 486, Page 677; thence North 00°16.59'' East along the Northerly extension of the West line of said O.R. Book 486, Page 677, a distance of 14.12 Feet; thence North 89°49'19'' West, a distance of 387.50 Feet to the POINT-OF-BEGINNING. Containing 67.307 Acres of land more or less. 400' DWN.BY:D.D.G. JCHD.BY:J.U.U. CLIENT NO. 2020015 OUNO^ ¥ ANO EGAL 09/17/0 ~B. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF' THE PERSON, PERSONS OR ORGANIZATION IOENTIFIED BELOW AND ITS CEE- T1FICATION IS NON-TRANSFERABLE. ANY COF~ HEREOF. TO BE CON-- $10ERED VAt.iD. MUST BE EMBOSSED WITH THE SEAL OF' A REGISTERED SURVEYOR EMPLOYED BY THIS FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. CEF~TIFICATIO ,N JONATHAN M. MO~, P.L.S. 1275 ~U~ PAmlCK DR~. SUITE DATEV 09/04/02 F~. CERT. N0.5060 ~T~ a~. ~OR~ 32937-3g~ SIGNING P~ [321) 773-4323 1 I ~L~,¥' ~ b u _ b/--/..E~T. 1 OF'2' ,.,,,,,o W ~_o S 89 4-9 1 I:' ,-. - , o R B ..... ~_C_R~BE~ IN ~ ~3 g -- ~/ ~ · · Ou~ IU~J, PAGE 107 ~ .0 S LAND DESCRIBED IN 0. R. BOOK 106~, PAGE 1071 ,/ sou~s~ co~N~ o~ 70~SHIP 31 SOU~, INDIAN RI~R COUNTY, FLORIDA N 89'4-3'01" W 387.15' 89'4.3'01"  ~t, RANGE 438 EAST ' - J ~,~';~,. ....... s JCERTIFIED . '' CERTIFICATION ~ TO ~. s. ~s ~ ~s~s, ~ ~ELOP DATE. 0 SKE TCH OF LEGAL (NOT A SURVEY) SHEET 2 OF 2 LEGAL DESCRIPTION: COMMERCIAL ZONING PARCEL (BY SURVEYOR) A portion of lands described in O.R. Book 1131, Page 2872 and O.R. Book 1063, Page 1071, of the Public Records of Indian River County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being more particularly described as follows: Beginning at the Southwest corner of said Section 23; thence South 89°43'01" East along the South' line of said Section 23, a distance of 65.41 Feet to the East Right-of- Way line of County Road 510 per F.D.O.T. (Florida Department of Transportation) Right-of-Way map panel 8851-150, as recorded in Plat Book 11, Page 30, of the Public Records of Indian River County and the POINT-OF-BEGINNING of the herein described parcel; thence North 00008'38" East along said East Right-of-Way line, a distance of 21.99 Feet; thence North 00°15'08" East along said East Right-of-Way line, a distance of 555.71 Feet; thence South 89°49'19" East, a distance of 387.50 Feet to a point on the Northerly extension oftheWest line of lands described in O.R. Book 486, Page 677, of the said Public Records of Indian River County; thence South 00°16'59'' West along said Northerly extension and said West line of said O.R. Book 486, Page 677, a distance of 578.42 Feet tothe said South line of Southwest 1/4 of said Section 23; thence North 89°43'01" West along the said South line, a distance of 387.15 Feet to the POINT-OF-BEGINNING. Containing 5.140 Acres of land more or less. 00'I DWN.BY: D.D.G.'ICHD.BY: J.ld.M. CLIENT NO. 2020015 SCALE: 1 -= 1 T T~S ~:~: ER ~ RES~NSIB~E C~GE A~O S~N~C DATE: ~ ~. F~. CERT. NO.6189 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSN~ USE OF' THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION I$ NON-TRANSFERABLE. ANY COPY HEREOF'. TO BE CON- SIOERED VAUO. MuST BE: EMBOSSED WITH THE SEN- OF A REGISTERED SURVEYOR EMPLOYED BY THIS FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS. INC. WILLIAM ),{OTT LAND SURVEYING INC. SATELUT[ BEACH PROFESS~ONM. CENTER · ~275 SOUTH PATRICK 0RIVE. SUITE H SATELUTE BEACH, Ft. ORIOA, 52g57--3955 PHONE (.]21) Section 23 31s-38e map # 07.33 compiled 08/07/01 by the Indian River County Property Appraiser's Office page 1-79 Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: Sebastian River Landings Requested Action: Land Use Change from L-1 (County) to LDR Project Location a. Address: Southeast corner of CR 512 & 510 b. Legal: See site plan Indian River County Parcel Number: 23-31-38-00000-5000-00005.0 23-31-38-00000-5000-00005.1 23-31-38-00000-5000-00005.2 Project Owner: Mr. Jim Jelus 1688 W. Hibiscus Blvd. Melbourne, Flodda 322901 321-953-3300 fax: 321- 984-2890 Project Agent: Randy L. Mosby, P.E. 2455 14~ Avenue Vero Beach, Flodda 32960 772-569-0035 fax: 772-778-3617 Project Engineer: Same as Agent Project Surv.eyor: William Mott Land Surveying, Inc. 1275 S. Patdck Drive, Suite H Satellite Beach, Florida 32937 321-773-4323 fax: 321-777-4795 Project Description Narrative of proposed action: The proposed Sebastian River Landings PUD is currently unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 512. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-I (Low Density Residential, 3 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R (planned unit development-residential), with a. comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node, approximately 5 acres in size, including a l-acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development may contain 125 square feet of commercial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres). Based on the overall Iow density of development, coupled with existing commercial uses along CR 510, staff recommends approval of the larger commercial area. Current Zoning: A-1 (County - Agriculture) Adjacent Properties Zoninq Current Land Use Future Land Use North: East: South: West: CL/A-I Vacant C/I (County) RS-10 Single FamilyJacant LD A-1 Vacant L-1 (County) CL Vacant C/I (County) d. Site Characteristics (1) Total Acreage: 72.45 acres (2) Current Land Use(s): Citrus Groves (3) Soil: Electra, Riviera, Wabasso (4) Vegetation: Citrus Trees (5) Flood Hazard: Zone A, AE and X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: North County Park - ¼ mile (9) Police/Fire: Comprehensive Plan Consistency Sebastian Police 4 miles County Fire- 2 miles a. Future Land Use: Consistent Traffic Circulation: Consistent 2 10. 11. 12. 13. 14. 15. 16. 17. c: Public Facilities: Consistent d. Housing: Consistent e. Coastal Management: Consistent Recreation and Open Space: Consistent g. Conservation: Consistent h. Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: Existing site is an inactive citrus grove, with proposed change to single-family residential and commercial. Land Use Compatibility: The adjacent properties to the south and east are designated for Iow density residential, while the properties immediately north and west are designated for commercial use. The.proposed PUD has incorporated a commercial node along CR 510, with Iow density residential for the remainder of the property, so as to be consistent and compatible with the surrounding land use designations. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: Provided - public utilities (water, wastewater) will be incorporated within the development of the proposed PUD, and on-site stormwater tracts are also incorporated in the proposal. Natural Environment: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. Economic Effect: provided - The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 72 +/- acres of land area and a maximum of 209 residential units, which in turn creates an expanded tax base for the City of Sebastian. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential/commercial property and availability of sufficient public facilities and access. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single- family and commercial development is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban serVice area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 19. Analysis: The proposed Sebastian River Landings PUD is currently unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 512. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R (planned unit development-residential), with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 9 blocks'containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node, approximately 5 acres in size, including a l-acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development may contain 125 square feet of commercial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres). Based on the overall Iow density of development, coupled with existing commercial uses along CR 510, staff recommends approval of the larger commercial area. 20. Conclusion: The requested land use change from L-1 (County) to MDR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends the Planning and Zoning Commission recommend approval to City Council the requested land use change with the following conditions: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan shall demonstrate proper compliance with this regulation. the City Council. PREPA R~~D~B? The land use change shall be conditioned upon receipt of annexation approval by DATE Permit Application No. "' City of Sebastian Development Order Application ~.pplicant (If not owner, written authorization (notarized) from owner is required) ,lame: MR. TIM. ~E~'JJS \ddress: 1688 W. HIBISCUS BLVD. MELBOURNE, FL 32901 :honeNumber:.(321 ) 953 - 3300 FAXNumber: (321) 984-2890 ---Mail: ~different from applicant. ) qame: Address: =hone Number: ( ) FAX Number: ( ) =-Mail: Type of permit or action requested: COMPREHENSIVE LAND uSE ADEMNDMENT -' ~ PLEASE COMPLETE ONLY'THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): SEBASTIAN" RIVER LANDINGS B. Site Information Address: SOUTHEAST CORNER OF CR512 & CR510 Lot: Block: Unit: Subdivision: SEE LEGAL indian River County Parcel #: 23_31_38-00000-5000-00005-0, 5.1, 5.2 Zoning Classification: Future Land Use: PUD-R Proposed Use: RESIDENTIAL Existing Use: VACANT -- C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarY):. ANNEXATION FROM INDIAN RIVER COUNTY TO THE C TY OF EBASTIAN AND THE DEVELOPMENT OF A RESIDENTIAL PLAN DEVELOPMENT RECEIVED D~-c-K"C<'.EIVF_D' 3 lQ/¢~. FEE PAID: $/~O,D..-.-~..~. File Name: ~ ~ Permit Application No. D. Project Personnel: Agent: RANDY MOSBY, P.E. Name: MOSBY & ASSOCIATES, INC. Address 24'55 14th AVENUE VERO BEACH, FL 32960 Phone Number:(561)569 - 0035 FAX Number: (561 )778 - 3617 E-Mail: Attorney: Name: Address Phone Number:. ( ) FAX Number: ( ) E-Maih Engineer: RANDY MOSBY, P.E. Name: MosBy & ASSOCIATES, INC. Address 2455 14th AVENUE VERO'BEACH, FL 32960 PhoneNumben(561 ) 569 - 0035 FAX Number:. (561) 778- 3617 E-Maih Surveyor: Name: WILIAM MOTT' LAND SURVEYING, INC. Address 1275 S. PATRICK DRIVE, SUITE H SATELLITE BEACH, FL 32937 Phone Number:(321) 773'- 4323 FAXNumber: (321) 777-4795 E-Mail: ~ _.~ J AM THE OWNER X I l, [ %.jkA'~ (1'~ ~"[--t~ C~ , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: AM THE LEGAL I~EPRESENTATIVE OF THE OWNER OF THE PROPER~ DESCRIBED WHICH IS THE S~BJECT MA~ER OF THIS APPLI~HAT~LL THE INFORMATION, MAPS, D~TA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE SWO~TOA~OSUSSCmSEOSEFORE~EaV I1~0~ ¢ ~ WH~NALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS 'i ~ DA"~ OF __ j~ ~-.~2~'¢¢ , ~J,~_~_.~O'Z-- NOTARY'S SIGNATURE ~r~('' ~ r'~ ~ I I PRINTED NAME OF NOTARY -- COMMISSION NO./~PIRATION SEAL: ...... c. B*.CUS 'il II .--'~;Lw~.''''-. .--',: ;4 MY COMMISSION # CC 980216 JJ IJ~.~¢...-~ EXPIRES: M~h S, 200~ tl tDevelopment AppficatJon ' ~ File Name: Dca LForm CD-200~ ~o~d: -~/27/97 P_.~g.e 2 of 3 Revision: Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. /~/E, THE OWNER(S) X THE LEGAL REPRESENTATIVE OF THE OWNER OF THE ProPERTY DESCRIBED WHICH IS THE ~UBJEC~F THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE l~--Lanninq & 2;onlnq ~OARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "BOARD"/"COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE i/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE =ROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING'THE PROPERTY, INCLUDING ANY .~LAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. NG SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR THIS ~NS.,~T IS BEIN CiTY OF SEBASTIAN. SIGNA/I'URE / ....... ----- DA swomt ao n~ subscribed before me by '"~i r'YIoT-R: '-/ ~'-~(.. d.~ who is personally known to me or produced ~s identification, this ~ '~a~/of Printed Name of Notary - Commission No./Expiration Seal: 00~ Revision: Development Application File Name: Dca BLDG DEPT SEBASTIAN HO. 271 Permit Applioafion No. P.4/6 Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDmONAL PAGES IF NECE~"SARY. ×_ 1. Current land use map designation:. .Z....2. Proposed lend usemap designafion:~ 72.5 ac. X 3. Size of project in acres: X 4. Describe the impact of the proposed change on the other elements of th~ comprehensive plan and applicable ordinances of the City. The property is to be annexed into the City. The ~Droposed p~ro~ect will promote arowth and tax base 'for the City, No proposed impact on oth~,r elements of the comprehensive pla] X 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If nc~t, which one(s)? YES. X Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? YES. F-orrnCD-2008 Page '1 of 3 Re¥1sim'~: Comp. Plan Amend. (Land use.).. File Name: Slcpalu l 1~.1~.~00~ ~0:07A~ ~LD~ DEPT S~-~AST~A~ ~0.~7~ P.5/6 permit Application No. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? NO[~.. _. × 8. Is the proposed.amendment compatible with the existing or futura lend uses of the city?. If not, why not? ¥E$. .. × 9. Are them adequate public facilities to serve the proposed land use? If not. which one(s) are not adequate? ¥~.S. 10. Would the proposed amendment result In a significant adverse impact on the natural environment? If so, descd,'be the impact, t~o. Form CD.2O08 A~r_.y~m, ed: 8/27/97 I Page 2 of 3 Rev'~io~: I c p. Plan Amid, (Land "Fi~ Name: $icpalu I~AR.13.~001 10:0?RM BLD~ DEPT SEBASTIAH MO.~?i P.6/6 Permit Application No. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city?. If so, describe how. 12. Does the proposed amendment result in an orderly development pattern? If not, desc~be. ,., 13. Attached the following: .__ a. A verified statement showing each and every individual person having a legal andJor equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and prindpal eXecutive off'mers will be sufficient. b. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet ef the parcel to be considered. c, A survey and legal desc~ption of the property for which the land use amendment is bein~l recluestad. IFm'm CD.2OOa Pag~ ~ nf 3 jCornp. Plan Amend. (Land Pile Name: Rev~tnn: PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 18, 2002 "I make a motion to approve the land use change from L-l(county) to LDR as stated in the amendment application in accordance with items 1 and 2 of the staff report" Roll call: Mr. Svatik - yes IVlr. Mahoney - yes Chmn. Barrett - yes Mr. Rauth - yes Mr. Smith - yes Ms. Reichert - no Ms. Monier - yes The vote was 6- 1. Motion carried. MOTION by Monier/Smith "I'11 make the motion that we rezone the Sebastian R/ver Landings PUD from A-I, agricultural, to a PUD-R." Roll call: Mr. Mahoney Ms. Monier Ms. Reichert Chmn. Barrett The vote was 6- 1. Motion carried. - yes Mr. Smith - yes - yes Mr. Svatik - yes - no Mr. Kauth - yes - yes CHAIR_MAN MATTERS: Chmn. Barrett asked if a workshop had been scheduled for telecommunication towers. MEMBERS MATTERS: Mr. Rauth explained why he thought Sebastian Landings wanted to annex into the City. Ms. Monier stated she would not be attending the August 1a and 15~ meetings. She would be out- of-state. Mr. Svatik asked about legal liabilities regarding arsenic fields. DIRECTOR MATTERS: ATTORNEY MATTERS: Mr. Stringer stated that from scheduled in September. None discussion with City Council the earliest workshop could be Charm. Barrett adjourned the meeting at 11:10 P.M. (7/25/02 DB) 9 5 NOTICE OF 'COMPREHENSIVE LAND USE PLAN AND ZONING MAP AMENDMENT The City Council of the City of Sebastian, Indian River County, F/orida, proposes t9 adopt ~he following ordinances: ORDINANCE NO. 0,02-13 AN ORDINANCE OF THE'CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO 'THE COMPREItENSIVE PLAN :WHICH AMENDS TH~ FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE · .CLASSIFICATIONS OF LOW .DENSITY RESelL ~._D.R) n3tO COMMERCIAL LIMITED FOR ANNEXED LAND WITH A · PRIOR COUNTY LAND USE DESIGNATION AS -- '. ~ooI~I~'I'ING OF 72.45 ACRES; MORE OR LESS, KNOWN AS ..... MINISTR&TIVE ACTIONS; rgOViDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR ORDINANCE NO. 0-02-14 AN ORDINANCE OF THE crr~ OF SEBASTIAN, FLORIDA, DESIGNATING AN ]N1TIAL ZONING CLASSI~CATION OF PRIOR _~)' F_OR ANNEXED LAND WlTit A ~ou~'ry ZONING DESIGNATION AS SEBA~?~ _ ~,_ ORE OR LESS, KNOWN AS .~xta~. LANDINGS; PROYIDING · FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN · PROVIDING FOR EVERABIL1TY; AND · PROVIDING FOR AN EHrECTIVE DATE. Public heatings on the ordinances Will be held May 14, 2003 at approximately 7:00 pm in the City Council Chamber~, City Hall, 122~ Main Street, Sebastian, Florid~ · Following thePublic hearings, the City Council may _~ ~; ....... ~ m me omce or me C~ty Clerk az t~lzy .~lall, Monaay through Friday 8 a.m. to 4:30 p.m. aha. may appear at the hearings and be heard with respect to the proposed ordinances. Any person who may wish to appeal any decision which may ne made by the City Council at. these hearings will ye .h .tim of the p oo . s is m~a recoru mCluaes the testimony .and evidence upon which tiie appeal will' be based. (286.0105 ES.) In compliance with the Americans' With Disabilities Act (ADA), anyone who needs a special, accommodation'for this meeting should contact the City s JM)A Coordinator at 589-5330 at-least 48 ho~rs in advance of the meeting' City of Sebastian, Florida Subject: Second reading and public hearing for Ordinance O-02-14; conceptual development plan and rezoning request from Agricultural (A-I) to Planned Unit Development Residential (PUD-R) for a proposed 72-acre planned unit development situated at the intersection of CR 510 and CR 512, and known as Sebastian River Landings. Agenda No. 03. ~) q5 Department Origin: Growth Management Tracy E. Hass ~ Date Submitted: May 7, 2003 For Agenda of: May 14, 2003 Exhibits: O-02-14, Conceptual Plan, Staff Report, P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED:None None REQUIRED: None SUMMARY The proposed Sebastian River Landings PUD will occupy land that is currently unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 512. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned Agricultural (A-l) with a Low Density Residential (L-l), 3 units per acre, land use designation and the applicant wishes to re-zone the property to Planned Unit Development Residential (PUD- R), with a comprehensive land use designation of Low Density Residential (LDR). The conceptual plan outlines a total of 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node of approximately 5 acres in size, including a 1-acre stormwater management tract, is proposed along the CR 510 fi'ontage. The commercial tract is consistent with ex/sting commercial development immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development may contain 125 square feet of commercial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres). Seeing as the proposed commercial land area exceeds the maximum permissible within a PUD, the applicant has agreed to remove the commercial node from the PUD. Accordingly a separate land use change is being requested for designating the commercial area as Commercial Limited (CL), thus allowing neighborhood commercial uses as intended by the developer. The Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request during a public hearing held on July 18, 2002. Furthermore, the City Council passed Ordinance No. O- 02-14 on first reading held on August 28, 2002. RECOMMENDED ACTION Move to adopt Ordinance No. O-02-14. ORDINANCE NO. 0-02-'14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDJ~, DESIGNATING AN ~L ZO~G ~SS~CA~ON OF PL~D U~T DE~LOP~NT ~S~EN~ ~-R) A~ CO~RC~ L~ED ,ICL) FOR LA~ ~ A ~O~. CO~ ZO~G DESIGNATIO~ AS (A-l) FOR LA~ CONS~G OF 72.45 A~S, MO$~ C~R ~SS, KNOWN AS SEBAS~N ~~; ~RO~G FOR ~P~L O~F O~ANCES OR P~TS OF O~AN~S ~ CO~I~ ~~; PRO~G FOR SE~~]~; AND PROLOG FOR ~ EF~C~ ])ATE. WHEREAS, Timothy lelus and Hugh Evans have ~ed a petition for amendmcnl: tc. tl~e Zoning Ordk~nce; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and Wl:rEREAS, the City Council of the City of Sebastian, Florida, has considered th, criteria identified in the Land Development Code together with the recommended findings and recommendafiom of its staff and Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives ~d other elements of Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive rectuirements cf the C, iv/ Sebastian Code of Ordinances, particularly the Land Developme:.~t Code. C. The proposed use is not in conflict with the public intere,,rt of 'the citizens of the C~B, o;~' Sebastian. D. The proposed use is compatible with adjacent land uses. B. Adequate! public facilities and services exist in the City 'to serv, th.e proposed use: and thc demm~d fb~ such use will not exceed the capacity for such servic~,"s and facilities. F. The proposed change in use will not result in any advers~ impacts on the naturai. enviroment. G. The proposed use will not adversely affect the property values in the area, or the health, s~ety and welfare of the City or have an adverse impact on the finanda~ 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 COI.~CII, O17 TI~E CITY OF SEBASTIAN~ INDIAN RIVER COI.~TY, FLOR]DA, 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 witHn the incorporated area of the City of Sebastian, Indian River County, Florida: ~gee attached Exhibit "~1 ". Section 2. PLANNED UNIT REZONING. The real property described in the attached Exhibit "B" is hereby given an initial City zoning designation afPlanned Unit Development Residential (PUD-R) in accordance with the attached C¢,nceptual De~¢elopment Plan. Seclion 3. COMMERCIAL PARCEL REZONING. The real proper~ described the attached. Exhibit "C" is hereby given an initial City zonhag designation of Commercial Limited (CL). ~ection4. ZONING MAP. The official City Zoning Map ,,hall be amended to include the subject property and reflect this designated zoning district. Section 5. COI~'I,ICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed.. .Section 6_.. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any pm of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance ~hall not be affected and it shall be presumed that the Ci~i CounciI of the City of Sebastian did. not intend to enact such invalid or uncon~tutional 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 remah~der to remain in full force and effect. Section 7. EFFECTIVE DATE. Following its adoption and. authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance s;.aall become effective concurrem with the effective date of Ordinance 0-02-I2',. The forgoing Ordinance was Roved for adoption by Councilmembe:: ., The m otiz,n seconded by Councilmember and, upon being put to a vote, the vote was, as folk;,ws: Mayor Walter Barnes Vice-Mayor James Hill Councilmember Joe Barczyk Councilmember Edward $. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted t'ais ~ day of ,2002. ATTEST: C1TY OF SEBASTIAN, }:~L©RIDA By: Mayor Walt~ Barnes Sally A. Maio, CMC City Clerk Approved. as to form and legality for reliance by the City of Sebasti an on~.y: Rich Stringer, Cit~ Attorney SKETCH (NOT A SHEET S UNO D£SREO IN O.R. BOOK 10~5, PAGE 2110 LAND OE'SCREit:I;) IN O.R. BOOK 1083, PAR 1071 P.O.B " OF LEGAL SURVEY) 1 OF 3 " / LAND D~SCRIBED IN .... O~R. BOO: 1131, PAO[' 287;_1 LESS O.E. EIoOK 195, PAGE 4-96 L14. I I SCALE: ?".,400' A. B. D.D.G. CHD.BY: &Id.M, CLIENT NO. 2020015 SKE TCH (NOT A SHEET OF LEGAL. .SURVEY) 2 OF 3 UNE TABLE LINE t LENGTH BEARING L1/ 85,41' $ 8g'45'01" E L2 21.9g' N 00'08'35" E L3' 655.71' N 00'15'08" E L5 500,59' S 8g'49'1§" E LB 859,2g' N 00~10'40" E L7 762.51' S 8g'36'05" E LB 124.55' S 00'16'34" W L9 24.0g' S 89'41'36" W LIO 332.97, N 00~8 I~gI~ W Ll~ ~aS.8;' N ~8'4r03" E L12 1385.52' S 36'46'08" E L13 966.23' S 00'20'59" W L14 1758,06' N 8g'43'01" W L15 564.30' N 'oo'16'5~" ~ L16 ~15.50' N 89'43'01" W L17 564.30' S 00q6;59" W L18 387.15" N 89'45'01" W , ~205.75' 12'07'33" 466.52' ~ 465.9~' . 1 l CHOF~ B~Am~.~ ] SCALE: 1"=400' D.D.G. CHD.BY:J.U.M. tCLIENT NO, 2020015 ~_ IC.~ cERTIFIcATION _ F~. CERT, III'K, Lq,TII~N J,~ NON.,TRAI~I~r~RA,~.~ ~ CO~:~y HFJ:~OI'", 'ro liE: SIDER.ED VALID, MU!F BE Ei/,BO~E) ~ TM£ ~[~t. Or A F~t:~I~I*KRED SURVEYOR EMPLOYE[i BY THIS. FIRU. CERTIFIED TO: FORTE M~CAULAY DL~EI.O~I~(EN" CONSULTANTS, IN'C, SKETCH (NOT ^ SHEET OF LEGAL SURVEY) 3 OF 3 LEGAL DESCRIPTION: OVERALL PARCEL (BY SURVEYOR) Lands described in O.R. BOOk 1131, Page 2872, O.R. Book 10SS, Page'2~lO and C...R. Book Page 1071, of the Public Records of Indian River, County, Florida, Lying in Section 23, 31 South, Range 38 East, of said Indian River, County, being mor~. particularly deacribed follows: Beginning a~:the Southwest comer of said Section 23; thenceSouth 89"43'01" Eastaiong the line of said Section 23, a distance of 65.41 Feet to the East Right-of-Way line of County Road 1510 par F.D.C).T. t~lorida Department of Trane portation) Right.of-Way map I~a ne18851-1 ~:0, a~; rec~rcled in Plat Book 1'1, Page 30, of the Public Records of Inffmn River County and the POINT-OF. BEGINNING oft~ herein described parcel; thence North 00°08'~11,, East along said Eas+. PJghll.of. Way I~ne, a diet, rice of 21.99 Feet; thence NorthqXlOlS,01~- East along lmid. East Right-of.Way line, a distance of 65S.71 Feet to the South lineal lands described in O.R. B~ok 1321, Page 0773, a.f f.~e said Public Records of Indian River County; thence South 8lP,49'19" Eas~ along said Smrth libras:, a distance of 500.59 Fsat to the East line of Said O.R. Book 1321, Page 0773; thence North East along said ~t line, a distance of 659.29 Fest to the No,~h line ~f the Southwest 1)4 of 1~he Southwest 114 of said Section 23; thence South 8!P35'0S" East along said North lii~e of ',the. Southwest 1;4 of the Southwest 114, a d"istance 'of 762.51 Feet to .the I~rtheaSt comer of ~hi~ Southwest 1/4of the Southwest 1/4 of said Section 23; thence ~r~outh 00"15'~4" West ;:dong.t:he J=.~.~s'l: line of sa. id Souff~west ~/4 of the SouthWe~.t tl4, a distance of 124.58 F;~; thence North Ea~ a d=,~ance of 24.09 Feef~ thence North 0(P08~9" West, · distance ¢,f332.97 Feet:' tha~:e Nc, ~1~41'03" ;~t, st distance of ~86.69 Feet to the point of curvature of a no,t tangent cimul;~r curv~ concavetoth.e Northwest, having a radius of 2,205.75 Feet, and a centre I engle of 12~(17'33,,; 'f--mm a tangel~:t bearing of No~h 50~34,29,, East, run Northeasterly along the arcofsahl curw~ ;u~ arc distance of 4~6.82 Festto the West Right-of-Way line of the Sabastian Rl'~er Drainage Distrtct Right. of-Way, as recorded in O.R. Book193, Page 496, of the said Public Records of indian i,~iver Co.un~l.y; thence South 36=46'08'' East along the aa'id West Rii]~t-ol'..W .a~ line, a distance of 1,3B5;.;2 Feet; thence South IXP20'59' West along the s~ld West Right-of-Way line, a distance of ~66.23 Feet te the South line of the Southwest ~/4 ofsaidSection 23; thence North 8~,~'01" West aion~t the, said South line, a distance of 1,788.06 Feet to f~e East line of lands' described in O.R. Beak 486, Pa.~e ..... , - ,,,,~-,~, ~r =o,,.~u ~ee~ ':~ ~e Nl~fJ~ line of ,~Jd O FL IJlor~ 486, Page ~B77; thence North 89°43'01.' We~t along the said Norl~h line o!~O.1~ Book &36, Page, 6?'7, a distance of 3'I3.50 Feat to the We~t line ~f said O.R. Book.486, Page 677; tha.nc~ South I~'1 West a~ong the said .West line of O.R. Book 486, Page 677, a distance of 564.30 Fe!~ to the South line of Southwest ~14 of said Section 23; thence North 89~43~ff,, West'along theeaid Sou.~h line, a dietanc~ of 387.t5 Feet to the POINT-OF-BEGINNING. ContaininEi 72.A47 Acres of lend more or leas. SCALE: I"=400' DWN.BY:D.D.G. CHD.BY:J.M.M. CLIENT NO. 2020015 B. Co ITHIS SKE."[CH HAS IIE£N PItEPARED FOR tile EXCL[.t~It~ - [RABLE. ,~NY COPY I'f~l~:OF' TO fie COH- CONSULTAh~, INC WILLIAM MOTT LAND SUI{V:i~Y,ING INC. .;ATELUl~ ~_~., t'l..o,~ I=HON[ (321) 775-4323 ' W SKE ~T ~L~( ~ ~ TCH OF LEGAL (NOT A SURVEY) SHEET 1 OF ,3 I LAND DESCRIBE) IN O.R. BOOK 108,~, PAGE 2110 NOI~It'~,BT t/& M' ~ SDU'I~MWT 1 P.C).B. LAND DESCRIBED IN O.R. BOO~ 1063. PAGE: 1071 !.16 P,O.C. LAND DESCRIBED IN O.R. BOOK !I.31, PAI~ 2872 SOUTHEAST 1/4 Or THE: SOUTHWEST 1/4.' LES'~ O,R, BO()K 193. PAGE 4.96 [14 m~ SCALE:~",=,,.0O'tDWN.~:O.C,.C. tCHD.BY:j.M.M. ICLiENT NO. 2020015 ,~ IA. BOUNDARY AND LEGAL '"REVISED" 09/17/02 ..SiONm0 ~A?E: 0S/O,~/02 FLA. C~RT. NO.50S0 THIS SKETCH HAS BEF.~ PREPARED F3R THE EXCULISIW. U~:.-' OF ~DN, PREENS OR OR~A~DN ~D~ BEL~ /~O r~ CER- ~R~ON ~ NON-I~ANS~E. ~ CO~' HE~:DF, SIDER~ V~D, M~' BE ;u~ V~ THE S~,L OF ~ ~J~I~D CERTIFIED TO: FORTE MACAULAY D~/ELOPMENT CONSULTANPS, INC. ~~[ ,~0TT [~J~TD SUI:[VE'Y.~],{rG INC. SKE TCH OF LEGAI. (NOT A SURVEY) SHE.ET 2 OF 3 ~v~I e,~o,us I t 2205.75' UN£ TABLE UN£ LENaTH BEARINg L1 65,41' $ 89'45°OI" E L2 21,99' N 00'08'38" E J L3 555,.71' N 00'15'08" E,, , L4 100.00' N O0'15'O8" E ,,,L5 500.59' S 89'49'19" E L6 659.29' N 00'10'40" E L7 762.51' $ 89'36'05" E L8 124.58' S 00'16'34" W L9 24.09' S 89'41'-36" W LIO 332.97' N 00'08'39" W Lll 186.69' N 18'41'O3" E L12 1365,52' S .36'46'08" E L13 966.23' S 00'20'59" W L14 1788,06' N 89%$'01" W L15 564.30' N O0'16'59" .£ L16 313.50' N 89'~3'01" W L17 14,1,2' N 00'16'59" E L1B 387.50' N 89'4.g'19" W CURVE TABLE DELTA 12'07'33" 466.82' :465.95 _ I N 44'30'42" _SCALE: 1"=400't DWN,BY: D.D.O. I CHD.BY: J.M.M. IC[JENT NO. 2020015 I?HIS SI<EI'CI~ H~S -- ' PERSON, PERSONS o~A, BOUNDARY AND LEGAL "REVISED" 09/17/02 T~F~CAT~O, ~S WON SlD£EED VNJO, uu ' ' CERTIFICATION FOE~ ~ ~rR~ r~r .r~. S~'C~ W~ MAD~ UNDER ~ ~ONSlB&E CHA~E AND ~EEN PREPARED >'OR THE £XCLUSIV~ USJ: OF 1'HE OR OR~N~TION IDEN~R~ BELOW AND ITS CER- T~NSFE~LE. ~ COPY HEREOF, TO I~E CON-- BE ¢uaoss~ ~ THIS MACAULAY DEVEL.OPM~ CONSULTAHTS, INC. SKETCH OF LEOAL (NOT A SURVEY) SHEET 5 OF 5 M"GAL DESCRIPTION: P.U.D. ZONING PARCEL (BY SURVEYOR) Lands described In O.R. Book 1t31, Page 2872, O.R. Book t088, Page 2410 alqd O.R. Book t063, PegH~ Public Records of Indian River, County, Florida, Lying Jn ~ection 23, Township 34 South, Rang.~ 38 :Ea.,~l~ ~:f saht Indian River, Coun~j, being more particularly dascribed as follows: Beginning a~ the Southwest comer'of said Section 23; thence South 89°4,3'{3,I'' East alon.q the South Ik~e o'; saki Section 23, a distance of 65.41 Feet to the East Right-of-Way line of Cocaty Road 510 per F.D.O.T. (Florid;: Department of Transportation) Right-of. Way map panel 88S1.~60, as recorded In Plat Book I I, Page 30, of tlhe :'ubtic i=~cords of Indlan'R~ver County;, thence North 00°08'38" East along said East Right-of-Way Iine, a dis'b~nce Feet; thence No~d3 00o~'08', East along said East Right-of. Way line, a dista~ce of S55.71 Feet 1:o th~ POl~rr-oF., BEGINNING of the herein described parcel; thence continue North 00°fl 5'08" E~mt along said East Ril;ll~.of.,~;l/V~ a distance 'of 100.00 Feet to the South line of lands descHbed in O.R. Book 1321; Page 0773, ef l:h~ sa~id Public Re~-o~ds of Indian River County; thence South 89°49~19" East along.said South line, a dlstan=e o:f ~.~00.59 F'~e~ to East line of said O.R, Book t321, Page 0773; thence North 00~10'40'' Eas~ alon~.;t said East line; a dielta~,=e FeettotheNorth Wine of the Southwest 114 Ofthe Southwest 1/4 ofaaid Section 2~; thence SouthS.m~6'0~" said North line of the Southwest 114. ofthe Southwest 1/4~ a distance of 762.$'1 Feet to the Northeast corner Sauthweet 1[4 of. th~ Southwest. Il4 of said Section 23; .thence South 0~°16'24". West along the East IIn~ of said Southwest ~14 of the Southwest tl4, a distance of 124.~8 Feet; thence No~ 89°, t1'38" East, a distance o then.ce.North 0.0°08'3_9" We~. a distance of 332.97 Feet; thence North 18°41'03" :East, a distarlce of ~86.89 F;~t ~.:) the* aPOint o? curvature of a non tangent circular curve concav~to'the Northwest, having a radius of .2,~0E,,*~5 j::e~,i and central angle of 12°07' .33"; thence from a tangent bearlng, of North 50o34'29- East, run Nor~leasf~fly along tb~ arc of .~aid curve an arc distance of 46622 Feet to the West Right-of-Way Une of the ,C~ebastian l~Jver Drainages, Di~,~ict Right-of-Way, as recorded in O.R. Book t9:3, Page 496, of the said Public Rec~wds of in.dlar~ River C:c~unty; Sot~h 36°46'08'' East along theeaid West Right-of-Way line, a distance of ~,365.52 Feet; thenc~ South 00%~0'! ~9" alongtheaaid West RJgfr~-of-Way line, a distance of 966.23 Feet to the South line of fJ~e Southwest 1/4 of,;~ai~ 23; thence North 89'43~31" Wast along the said $oufl~ line, a distance of 17~t8.06 Fee~ to the Eaa't lJ~e. ,3f I;~nd.s. described in O.R. Book486, Page 677, ofthesaid Public Records of indian RIver Count3c thence Nc~h 00"~16' ~9 a!o .rig the East line of ~aid O.R: Book 486, Page 677, a diets .rcs of 564.30 Feet.to l~e North line of said O.1~,. Pa~le 877; thence No~th 89°43'0~- West along the'said North line of O.R. Book.~1~i, F~ge 67;', a dir~tance c~ 3' 3.5~ Fee~ to the Northwest corner of said O.R. Book 486, Page 677; thence North D0°t6"S9'' East along the Hort~.~erly exte~sion of theWasl: line of&aid O.R. Book 486, Page 677, a distance, of 14.12 Feet; thence North 89°49'~.q a dhtance of 387.~0 Feet to the POINT-OF-BEGINNING... Containing 67.307 Acres of land more or leas. SCALE: I"= BY: D.D.G, tCHD, BY: J,M.M.' tCLtENT NO. 202001 OUND^ ¥ C.E~TIFICATfON SKETCH HAS E~EEN PREPARED FOR THE DtCLtlSN[ US~ OF 71-iR SIDERED VALID, MUEr BE' EMBOb~ED ¥:flTH THE SBA. OF A RI:3~ISTEP~D SURVEYOR EMPLOYED BY THIS FIRM, CERTIFIED TO: FORTE MACAULAY DEVE. LOPMF.-NT CONSULTANTS, INC. SKETCH OF LEOAL  (NOT A SURVEY') SHEET 1 OF 2, _z,.o S 89'49'19" E 387.50 ~ ~i' SOUTH~ST CORNER ~F TO.SHIP 31 ~ND DESCRIBED IN : O.R. BOOK 1131 PAGE 2872. , LAND DESCEI~E[I rN O.,~;. BOOK 11~13,, PAC~E 3C71 --IJJ .d S 89'43'01" E 65.41' N 89'43'01" W 387.15' ~' ' ' SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP. 31 SOUTH, ~{ANGE 5B EAST SCALE: 1"=11 ~ CHD.BY:J.M.M, NO 2020015 '[HI~ SI(ETCH HAS EI~ ~ ~ · p ~ F'~ ~E ~SN$ ,~ .- ~ .... ~ ~DER;D ''~Hn ....... ~ A.~Y ~p~ HERE~ TO ~E C ~J ' ----~ ~ ~~ CERTIFIED TO: ' ' ' CERTIFICATION - FO~ MACAU~Y D~LOPME SKETCH (NOT A SHEET OF L]E[GAL SURVEY) 2 OF 2 LEGAL DESCRIPTION: COMMERCIAL ZONING PARCEL (BY SURVEYOR) A portion of lands described in O.R. Book 1131, Page 287:.~ and O.R. Book 1063, I:age 1071, of the Public Records of Indian RiVer County, Florida, Lying in SeclUio, 23, Township 31 ,South, Range 38 East, of said Indian River, County, bei,c;r rr~re particularly .described as follows: Beginning at tf~ Southwest comer of said Section 23; th~nce Soulfl 89°43~01" I!~st along the Soufli line of said Section 23, a distance of 65.4t' Feet to the East Riighl:.of- Way line of County Road 510 per F.D.O.T. (Florida Depa~men~ of Tr~spo~=tion) Right-of-Way map panel 8851-150, as recorded in Plat Book 11, Page 30, of' the Public Records of Indian River County and the POINq"-OF-BEGINNING of the herei~ described parcel; thence .North 00°08~38''. East. along .saki East Rig ht~>ff-Way dis~nce of 21.99 Feet; thence North 00°15'08" EaSt alor~g said E=~t R~igl~'l~-ef-tr. Fay line, a distance, of 555.71 Feet; thence South 89049'19" l-~st,, a di~tar,:e Feet to a point on file Northerly extension ofthe West line Of lands desc:Hbed Book 486, Page 677,.of the said Public Records of Indian River Coun~; then~ce South O0°16'59" West along said Northerly extension and said .W~t Jline o.~sa;id O.R. Bc,~lk 486, Page 677, a distance of 5'7'8.42 Feet to the Said South line of $,outhv~est 1/4. of said Section 23; thence North 89°43'01- West.alon§l fl~te s. aid South line, a disl=nce of387.15 Feet to the POINT-OF-BEGINNING. Coln~aining 5.~140 Acres of Jland mom or lesS. NIZATJON I~ITIF'I~ BELOW ,l~tl) TIFICATION IS NON-"tRAN.~rERAIILE, ANY C01~/· H~RE,32r, TO [~..' CDN.- EETJFIED TO: FORTE MACAULAY DEVELOPMENT (:ONSULT^N .'.,~, ~N¢:. · ILf.Itll: ~0~ L~ID SUR~'~tvG · [T[~ ~H ~l~l~ C~II '275 ~ PA~; 0Rt'~, ~N'~ H ORDINANCE NO. O-02-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) AND COMMERCIAL LIMITED (CL) FOR ANNEXED LAND W/TH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-I) FOR LAND CONSISTING OF 67 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Timothy Jelus and Hugh Evans have 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 TltEREFORE, BE IT ORDAINED BY TII2E CITY COUNCIL OF TItE 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 Eochibit ",4 ". Section 2. PLANNED UNIT REZONING. The real property described in the attached Exhibit "B" is hereby given an initial City zoning designation of Planned Unit Development P~esidential (PUD-R) in accordance with the attached Conceptual Development Plan. .Section 3. COMMERCIAL PARCEL REZONING. The real property described in the attached Exhibit "C" is hereby given an initial City zoning designation of Commercial Limited (CL). Section 4. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. .Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional 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. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective concurrent with the effective date of Ordinance 0-02-13. The forgoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James Hill Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember Ray Coniglio The Mayor thereupon, declared this Ordinance duly passed and adopted this day of ,2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney SKE N TCH (NOT A SHEET OF LEGAL SURVEY) 1 OF 3 I / il LAND DESCRIBED IN O.R. BOOK 10~5, PAGE 2110 (~ L5 LAND DESCRIBED IN 1'~l Lle ~~-- .~. °t CERTIFICATION I HEREBY CERTIFY' THAt' T~flS SKETC~ WAS MADE UNDER IV~ RESPONSIBLE C~RGE AND ® LAND DESCRIBED IN O.R. BOOK 1131. PAGE 2872 SOUTHEAST 1/4 0~' THE SOUTHWEST 1/4 LESS O.R. BOOK 193, PAGE 496 [,1 4. m~ SCALE: 1"=400' DWN.BY: D.D.G. CHD.BY:J.bLM. tCLIENT NO. 2020015 ~,1~./ .-'/' ~lc./ ,Q1) ) WILLIAM MOTT LAND SURVEYING INC. , 1275 SOUTH PATRICK DRI~[, SIJITE H CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMP~ BY THIS FIRM. SKETCH OF LEGAL (NOT A SURVEY} SHEET 2 OF 3 UNE TABLE UNE LENGTH I BEARING ' L1 65.4.1' S 8g'43'01" E L2 21,99' N 00'08'38" E L,3 655.71' N 00'15'0B" E L5 500.59' $ 8g'4.9'19" E L6 65g.2g' N 00'10'40" E i L7 762.51' S 8g'36'05" E LB 124.58' S 00'16'34" W L9 I 24.0g' S 8g'41'56" W LIO 332.97' ~ N 00'08'3g" W L12 1365.52' S 36'4-6'08" E L13 966.23' S 00'20'5g" W L14 1788,06' N 89'4-5'01" W L15 564.30' N 00'16'59" E L16 313.50' N 89'43'01" W L17 564.30' S 00'16'59" W L18 387.15' N 8g'45'01" W II ' CURVE TABLE c1 22o5.75' 12'o7'33" 466.82' 465.g5' N 4.4'30'42" E I"=400'IDWN.BY:D.D.G. JCHD.BY:J.M.M. ICLIENT NO. 2020015 THIS.SKETCH HAS BEEN PREPARED FOR THE E, XCLU~IVE USE or THE SCALE: PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW ,~D frs CER- 'rlFICATlOU IS NON-TRANSFERABLE. ANY COPY HEREOF, TO B~' CON- ~u3 A. SIDERED VAUD, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED O SURVEYOR EMPLOYED BY THIS. FIRM. ac C. CERTIFIED TO: ' CERTIFICATION FORTE MACAULAY DEVELOPMENT M~ET~ THE MINIMUM T~C. HNI~AL STf~,R~)S ~ SET FORTH g"r' THE FLORIDA BOARD OF' 1275 SOUTH PATRICK DEN[. SUITE H w PHONE (321) 773-4323 ucm~ UNE TABLE UNE LENGTH BEARING L1 65.41' 5; 8g'43'01" E L2 21,99' N 00'08'38" E L,3 655.71' N 00'15'0B" E L5 500.59' $ 8g'49'19" E L6 659.2g' N 00'10'4.0" E L7 762.51' S 8g'36'05" E LB 124.58' S 00'16'34" W L9 24.0g' S 89'4.1'56" W LIO 332.97' N 00'08'39" W Lll i86.69' N 18'41'05" E L12 1365.52' $ 36'46'08" E L13 966.23' S 00'20'59" W L14 1788,06' N 89'4-3'01" W L15 564.30' N 00'16'59" E L16 313.50' N 89'43'01" W L17 564.30' S 00'16'59" W L18 387.15' N 89'45'01" W SKETCH (NOT A SHEET OF LEGAL susvE¥) 3 OF 3 LEGAL DESCRIPTION: OVERALL PARCEL (BY SURVEYOR) Lands described in O.R. Book 1131, Page 2872, O.F~ Book 1085, Page 2110 and O.R. Book 11363, Page 1071, of the Public Records of Indian River, County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being more particularly described as follows: Beginning st the Southwest comer of said Section 23; thenceSouth 89°43'01" Eastalong the South line of said Section 23, a distance of 65.41 Feet to the East Right-of-Way line of County Road 510 per F.D.O.T. (Florida Deparhi~ent of Transportation) Right-of-Way map panel 8851-150, as recorded in Plat Book 11, Page 30, of the Public Records of Indian River County and the POINT-OF- BEGINNING of the heroin described parcel; thence North 00°08'38'' East along said East Right-of- Way line, a distance of 21.99 Feet; thence North. 00°1E08" East along said. East Right-of-Way line, a distanCe of 655.71 Feetto the South lineof lands described in O.R. Book 1321, Page 0773, ofthe said Public Records of Indian River County; thence South 89°48'19'' East along said South line, a distance of 500.59 Feet to the East line of Said O.R. Book 1321, Page 0773; thence North 00°10'40,' East along said East line, a distance of 659.29 Feet to the North line of the Southwest .114 of the Southwest 114 of said Section 23; thence South 89~36'05" East along said North line of the Southwest 114 of the Southwest 114, a distance *of 762.51 Feet to .the NortheaSt comer of the Southwest 1/4of the Southwest 1/4 of said.Section 23; thence South 00016'34'. West aiongthe East line of said Southwest 114 of the SouthweSt 114, a distance of 124.58 Feet; thence North 89°41'36" East, a distance of 24.09 Feet; thence North 0~08'39" Wast, a distance of'332.97 Feet; thence North 18°41'03-' East, a distance of 186.69 Feet to the paint of curvature of a non tangent circular curve concave to the Northwest, having a radius of 2,205.75 Feet, and a central angle of 12°07'33"; thence 'from a tangent bearing of North 50°34'29'' ~;,~t, run NortheastaHy along the am of said curve an arc distance of 466.82 Feetto theWest Right.of-Way line of the sebastian RiverDrainage District Right. of-Way, as recorded in O. FL Book 193, Page 496, ofthe said' Public Records of Indian River County; thence South 36°46'08-' East along the said West Right-of-Way line, a distance of 1,365.52 Fee~; thence South 00°29'59" West along the .s~.; id West Right-of-Way line, a distance of 966.23 Feet to the South line of the Southwest 114 of said Section 23; thence North 89°43'01" West along the said South line, a distance of t,788.06 Feet to ,the East line of lands described in O.R. Book 486, Page 677, of the said Public Records of Indian River County; thence North 00°16'50" East along the EaSt line of said O.R. Book 486, Page 677, a diStance of 564.30 Feet to the North line of said O.R. Book 486, Page 677; thence North 89°43'01'' We~t along the said North line of O.R. Book 486, Page 677, a distance of 313.50 Fee~ to the West line of said O.R. Book-486, Page 677; thence South 0(PI 6'59' West along the said West line of O.R. Book 486, Page 677, a distance of 564.30 Feet to the said South line of Southwest 114 of said Section 23; thence North 89~43'01" West along the said South line, a distance of 387.15 Feet to the POINT-OF-BEGINNING. Containing 72.447 Acree of land mom or less. SCALE: 1"=400J DWN.BY: D.D.G. ICHD.BY: J.M.M. ICLIENTNO. 2020015 CERTIFICATION 'rills SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND IT~ C£R- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF. ?0 BE CON- $1DERED VALID, MUST BE EMBOSSED V/ITH THE SEAL OF A REGIS'[ERED SURVEYOR EMPLOY/D BY THIS FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. HEREBY CERTIFY' THAT TI'tIE SKETCH WA~ MADE UNDER MY' RESPONSIBLE CHARGE AND M~'T5 THE MINIMUM TECHNICAJ_ .~Tj~v~RD.~ ~ SET FORTH ~Y THE FLORIDA BOARD OF' FaROF'~..~S~NAL LAND,~URVEYO.R_,c,'*'II~ .~I'~__PTER B ! O ! 7--T61, TFE~CORIDA ADMINISTRATIVE CODE, I ( ~ DANIEL D GARNER P S M ~TE~E B~ ~1~ CE~R . m W 0 L5 ~ P.O.B. SKE TCH OF LEGAL (NOT A SURVEY) SHEET 1 OF 3 I / ® LAND DESCRIBED IN O.R. BOOK 1085. PAGE 2110 LAND DESCRIBED IN O.R. BOOK 1063. PAGE 1D71 L16 01 'x LAND DESCRIBED IN O.R. BOOK 1131, PAGE 2B72 SOUTHEAST 1/4 OF THE SOUTHWEST 1/4. LESS O.R. BOOK 195, PAGE 4.96 L14. SCALE: 1"=400' DWN.BY:D.D.G. ICHD.BY: J.M.M. tCLIENT NO. 2020015 _~ IA. BOUNDARY AND LEGAL, "REVISED" 09/17/02 / ~ / / c~,~,c~,o_~..__~ . I I~REBY G~RTIF'V' ?H,~'I' :TI-g$1~.'TCH I~ MADE UNDER MY RESPONSIBLE C~RGE AN~ '{ .... --'.IR .~V ~ ~' f~ JONATHAN M. MO~. P.L.S. ~IGNING ~E: 09/04/02 F~. CERT. N0.5060 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BY THIS FIRM. CERTIFIED TO: ~ ,,,o.kip SATELLITE BEACH, FLORIDA, 52957--3955 SKE TCH OF LEGAL (NOT A SURVEY) SHEET 2 OF 3 UN£ TABLE LINE LENGTH BEARING L1 65.41' S 89%5'O1" E L2 21,99' N 00'08'38" E L3 555,.71' N 00'15'0B" E L4 100,00' N 00'15'08" E L5 500,59' S 89'4-9'19" E L6 659,29' N 00'10'40" E L7 762,51' S 89'36'05" E L8 124,58' S 00'16'54" W Lg 24,09' S 89'41'56" W LIO 552,97' N 00'08'39" W Lll 186,69' N 18'41'03" E L12 1,.365,52' S 36'46'08" E L15 966,23' S 00'20'59" W L14 1788,06' N 89'45'01" W L15 564,50' N 00'16'59" 'E L16 51,3,50' N 89'43'01" W L17 14.12' N 00'16'59" E L18 387,50' N 89'4.9'19" W CURVE: R)~IIUS J Cl t 2205.75' CURVE TABLE DELTA I LENGTH 12'07'55" 466,82' CHORD CHORD BEARING =465.95' N 44'30'42" E CERTIFICATION THAT .THA' S.~E'/CH Vi/AS MADE UNDER M'~ RE'SF~ON$1BLE CHARGE I ~IGNING DATI: 09/04/~2 ~ F~, CERT. N0.5060 '"SCAL_, ."=400'f DWN.BY:D.D.G. CHD.BY: J.M.M.tlCLIENT NO. 2020015 A. BOUNDARY AND LEGAL "REVISED" 09/17/02 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF' THE PERSON, PERSONS OR ORGANIZATION IDENTIfiED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE, ANY COPY HEREOF, TO BE CON- SIDERED VALID, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BY THIS FIRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC, WILLIAM MOTT LAND SURVEYING INC. SATE. LUTE BEACH PROFESSIONAL CENTER 1275 ~OUTH PATRICK DRNE, SUITE H SA'rEt. UTE BEACH. R.OEIDA, 329.37-3955 SKETCH (NOT A SHEET OF LEGAL susv ¥) 3 OF 3 LEGAL DESCRIPTION: P.U.D. ZONING PARCEL (BY SURVEYOR) Lands described in O.R. Book t131, Page 2872, O.R. Book 1085, Page 2110 and O.R. Book t063, Page 1071, of the Public Records of Indian River, County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being more particularly described as follows: Beginning at the Southwest corner of said Section 23; thence South 89°43'01" East along the South line of said Section 23, a distance of 65.41 Feet to the East Right-of-Way line of County Road 810 per F.D.O.T. (Florida Department of Transportation) Right-of-Way map panel 885t-150, as recorded in Plat Book 11, Page 30, of the Public Records of Indian'River County; thence North 00°08'38.' East along said East Right-of-Way line, a distance of 21.99 Feet; thence North 00°15"08.' East along said East Right-of-Way line, a distance of 855.71 Feet to the POINT-OF- BEGINNING of the herein described parcel; thence continue North 00°15'08" East along said East Right-of-Way line, a distance of 100.00 Feet to the South line of lands described in O.R. Book 1321, Page 0773, of the said Public Records of Indian River County; thence South 89°49~19" East. alongsaid South line, a distance of 500.S9 Feet to the East line of said O.R. Book t321, Page 0773; thence North 00°10'40" East along said East line; a distance of 659.29 Feettothe North line of the Southwest 1/4 of the Southwest t/4ofsaid Section 23; thence South89°36'05'' East along said North line of the Southwest 1/4 of the Southwest 114~ a distance of 762.51 Feet to the Northeast corner of the Southwest 1/4 of. the Southwest. 1/4 of said Section 23; .thence South 00°16'34-' West along the East line of said Southwest t/4 of the Southwest 114, a distance of 124.88 Feat; thence North 89°41'36" East, a distance of 24.09 Feet;~. thence North 00°08'39.. West, a distance of 332.97 Feet; thence North 18°41'03" East, a distance of 186.69 Feet to the' point of curvature of a non tangent circular curve concave, tOthe Northwest, having a radius of 2,20S.75Feet, and a central angle of 12°07'33"; thence from a tangent bearing, of North 50°34'29" East, run Northeasterly along the arc of said curve an arc distance of 466.82 Feet to the West Right-of-Way line ofthe Sebastian River Drainage District Right-of-Way, as recorded in O.R. Book 193, Page 496, of the said Public Records of Indian River County; thence South 36°46'08'' East along thesaid West Right-of-Way line, a distance of 1,365.52 Feet; thence South 00°20'69, West alongthesaid West Right-of-Way line, a distance of 966.23 Feat to the South line of the Southwest 114 of said Section 23; thence North 89'43'01" West along the said South line, a distance of 1788.06 Feet to the East line of lands. described in O.R. Book486, Page 677, of the said Public Records oflndian River County; thence North 00°16'59'' East along the East line of said O.R: Book 486, Page 677, a distance of 564.30 Feat to the North line Ofsaid. O.R. Book 486, Page 677; thence North 89°43'01" West along thesaid North line of O.R. Book 486, Page 677, a distance of 313.50 Feet to the Northwest corner of said O.P~ Book 486, Page 677; thence North 00°16'59" East along the Northerly extension of the West line of said O.R. Book 486, Page 677, a distance, of 14.12 Feet; thence North 89°49'19" Wes't~.. a distance of 367.50 Feet tothe POINT-OF-BEGINNING... Containing 67.307 Acres of land more or less. : SCALE: 1"=400' DWN'.BY: D.D.G. ICHD. BY: J.M.M.' tCUENT NO. 2020015 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NOI~-TRANSFERABLE. ANY COPY HEREOF, TO BE CON-- SIDE'RED VAUD, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BY THIS FIRM. CERTIFIED TO: FORTE MACAU LAY DEVELOPME~'~ CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. ~ATELLITE BEACH PROFI~$1ONN_ CENTER 1275 SOUTH PATRICI( DRIVE, SUITE H SATELLITE BEACH FLORIDA, 52957-3955 W N SKE TCH OF LEGAL (NOT A SURVEY) SHFFT 1 OF 2 S 89'4g'1g" E 587.50' LAND DESCRIBED IN O.R. BOOK 106.3, PAGE 1071 LAND DESCRIBED IN O.R. BOOK 106.3, PAGE 1071 ~ ~ %. ~ / SECTION 23, I o ~ ~ I ~ / TO~SHIP 31 SOU~, ~ ~o~ ~: I ..;I / · INDIAN RIVER COUNt, - ~1 ol ~ ~o.,~ ~ I / O.R. BOOK 1131, PAGE 2872 x N 89'43'01" W 387.15' SOU~ LINE Of ~E SOUTH~ST 1/4 OF S 89'43'01" E 65.41' SECTION 25, TOWNSHIP `31 SOUTH, RANGE 58 EAST SCALE: 1"=100'I DWN.BY: D.D.G. I CHD.BY: J.M.M. ICLIENT NO. 2020015 -~:lA. _.. CERTIFICATION HEREBY CERTIFY '~IGNI~G DA~E: O)pX/65 F~. CERT. N0.6189 THIS SKETCH HAS BEEN PRE'PARED FOR THE EXCLUSNE USE OF THE PERSON, PERSONS OR ORGANIZATION IDENTIFIED BELOW ,'~D ITS CER- TIRCATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VAUD. MUST BE EMBOSSED WITH THE SEAL OF A REGIErERED SURVEY'OR EMPLOYED BY THIS RRM. CERTIFIED TO: FORTE MACAULAY DEVELOPMENT CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SATELLITE BEACH PROFESSIOI~ CENTER 1275 SOUTH PATRICK DRIVe. SUITE H SATELUTE BEACH, FLO~DA. 32937-3g~5 PHONE (321) 773-4323 TCH OF LEGAL (NOT A SURVEY) SHEET 2 OF 2 LEGAL DESCRIPTION: COMMERCIAL ZONING PARCEL (BY SURVEYOR) A portion of lands described in O.R. Book 1131, page 2872 and O.R. Book 1063, Page 1071, of the Public Records of Indian River County, Florida, Lying in Section 23, Township 31 South, Range 38 East, of said Indian River, County, being mom particularly described as follows: Beginning at the Southwest corner of said Section 23; thence South 89°43'01" East along the South' line of said Section 23, a distance of 65.41 Fcct to the East Right-of- Way line of County Road 510 per F.D.O.T. (Florida Department of Transportation) Right-of-Way map panel 8851-150, as recorded in Plat Book 11, Page 30, of the Public Records of Indian River County and the POINT-OF-BEGINNING of the herein described parcel; thence .North 00°08'38',. East. along.said East Right-of-Way line, a distance of 21.99 Feet; thence North 00°15'08" East along said East Right-of-Way line, a distance of 555.71 Feet; thence .South 89°49'19" East, a distance of 387.50 Feet to a point on the Northerly extension of the West line of lands described in O.R. Book 486, Page 677, of the said Public Records oflndian River County; thence South 00016'59" West along said Northerly extension and said West line of said O.R. Book 486, Page 677, a distance of 578.42 Feet to the Said South line of Southwest 1/4 of said Section 23; thence North 89°43'01.' West along the said South line, a distance of 387.15 Feet to the POINT-OF-BEGINNING. Containing 5.140 Acres of land more or less. SCALE: I"=100'JDWN.BY:D.D..G. CHD.BY:J.M.M. CLIENT NO. 202001.5 CERTIFICATION I HEREB'~ CERTIFY THAT THIS SKETC. H WAS MADE UNDER MY' RESPONSIBLE CHARGE .AND I'~.~E'~ TI.-IE MINIL~UL4 TEDHNIC2}.I.. STANDARDS ,AS SET FORTH e¥ THE FLORIOA BOARD OI p~OPE~'~IJ~L L.~ldO ,.~IRVEYqRS II~J.._~,I,M, pTER 8Z Gl 7--6, FLORIDA ADMINISTIgATIvE CODE L.IR$~. T ~TO SECTI(~A'.,4.72.,~2.,~.~'~F* ~I.[E FLORIDA STATUTES. ~'~NI~IG DATE: '~ ~ FLA. CERT. N0.6189 THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE: USE OF THE PERSON, PERSON5 OR ORGANIZATION IDENTIFIED BELOW AND ITS CER- TIFICATION IS NON-TRANSFERABLE. ANY COPY HEREOF, TO BE CON- SIDERED VAUD, MUST BE EMBOSSED WITH THE SEAL OF A REGISTERED SURVEYOR EMPLOYED BY THIS RRM. CERTIFIED TO: FORTE MACAULAY DEVELOPM~,I'i'('~'~ CONSULTANTS, INC. WILLIAM MOTT LAND SURVEYING INC. SATELUT£ BEACH PROFESSIONAL CENTER 1275 SOUIH PATRICK DRIVE, ~'UITE H SATELIJTE BEACH, FLORIDA, .32gJT-.lg55 Growth Management Department Rezoning Application - Staff Report Project Name: Sebastian River Landings PUD. Requested Action: Rezoning from A-1 to PUD-R Project Location a. Address: Southeast corner of CR 512 & 510 b. Legal: See Survey Indian River County Parcel Number: 23-31-38-00000-5000-00005.0 23-31-38-00000-5000-00005.1 23-31-38-00000-5000-00005.2 Project Owner: Mr. Jim Jelus 1688 W. Hibiscus Blvd. Melbourne, Florida 322901 (321) 953-3300 fax:321-984-2890 Project Agent: Randy L. Mosby, P.E. 2455 14~ Avenue Vero Beach, Flodda 32960 772-569-0035 fax:772-778-3617 Pr~ect Engineer: Same as above Project Surveyor: William Mott Land Surveying, Inc. 1275 S. Patdck Drive, Suite H Satellite Beach, Florida 32937 321-773-4323 fax: 321-777-4795 Project Description Narrative of proposed action: The proposed Sebastian River Landings PUD is currently unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 512. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R (planned unit development-residential), with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node of approximately 5 acres in size, including a 1-acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development may contain 125 square feet of commercial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres). Based on the overall Iow density of development, coupled with existing commercial uses along CR 510, staff recommends approval of the larger commercial area. b. Current Zoning: A-1 (County - Agriculture) c. Adjacent Properties Current Land Future L:and Llse North: East: South: West: CL/A-I Vacant C/I (County) RS-10 Single FamilyNacant LD A-1 Vacant L-1 (County) CL Vacant C/I (County) d. Site Characteristics (1) Total Acreage: 72.45 acres (2) Current Land Use(s): Citrus Goves (3) Soil: Electra, Riviera, Wabasso (4) Vegetation: Citrus Trees (5) Flood Hazard: Zone A, AE, X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) ' Parks: North County Park - ¼ mile (9) Police/Fire: Sebastian pOlice 4 miles County Fire- 2 miles Comprehensive Plan Consistency Future Land Use: L-1 (County - 3 units/acre) 2 10. 11. 12. 13. b. Level of Service H) Traffic: The proposed will create an ADT of 2,111 Trips (209 units x 10.1). Therefore, there will be an increased demand on the existing roadway network. However, CR 510 & CR 512 are operating well below capacity, and CR 512 is planned for 4-1aning to 1-95. The plan incorporates two "primary" access points; one of which will be a direct access to CR 512 to the north, the other a direct access to CR-510 to the west. (2) Potable Water: Applicant will be required to connect to county utilities, as they are currently available. Therefore, this creates a positive impact by reducing the number of future potable wells. (3) Wastewater: Applicant will be required to connect to county utilities, as they are currently available. Therefore, this creates a positive impact by reducing the number of future septic systems. (4) Stormwater: The level of service standard is the same for all development; therefore, no greater impact is expected by the proposed rezoning. (s) Recreation: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satis~ the minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. (6) Solid Waste: There will be an increased demand on solid waste as the property is currently used as a citrus grove. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Existing site is an inactive citrus grove, with proposed change to single-family residential and commercial. Land Use Compatibility: The adjacent properties to the south and east are designated for Iow density residential, while the properties immediately north and west are designated for commercial use. The proposed PUD has incorporated a commercial node along CR 510, with Iow density residential for the remainder of the property, so as to be consistent and compatible with the surrounding land use designations. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: Provided - public utilities (water, wastewater) will be incorporated within the development of the proposed PUD, and on-site stormwater tracts are also incorporated in the proposal. 3 14. 15. 16. 17. 18. :19. Natural Environment: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. Economic Effect: provided - The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 72 +/- acres of land area and a maximum of 209 residential units, which in turn creates an expanded tax base for the City of Sebastian. Orderly Development: The proposed rezoning is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential/commercial property and availability of sufficient public facilities and access. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single- family and commercial development is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. Other Matters: The requested re-zoning and accompanying land use change will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. Analysis: The proposed Sebastian River Landings PUD is currently unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 512. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R (planned unit development-residential), with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node, approximately 5 acres in size, including a 1-acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development may contain 125 square feet of commercial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres). Based on the overall Iow density of development,~ 20. 21. coupled with existing commercial uses along CR 510, staff recommends approval of the larger commercial area. Conclusion: The requested rezoning from A-1 (County) to PUD-R is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. Recommendation: Staff recommends the Planning and Zoning Commission recommend approval to the City Council for the requested re-zoning with the following conditions: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensiVe plan. The preliminary development plan shall demonstrate proper compliance with this regulation. The .re-zoning shall be conditioned upon receipt.of annexation approval by the City Council. DATE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 18, 2002 "I make a motion to approve the land use change from L- 1 (county) to LDR as stated in the amendment application in accordance with items 1 and 2 of the staff report" Roll call: Mr. Svatik - yes Mr. Mahoney - yes Chron. Barrett - yes Mr. Rauth - yes Mr. Smith - yes Ms. Reichert - no Ms. Monier - yes The vote was 6- 1. Motion carried. MOTION by Monier/Sm/th "I'11 make the motion that we rezone the Sebastian River Landin~ PUD from A-i, agricultural, to a PUD-R." Roll call: Mr. Mahoney - yes Mr. Sm/th - yes Ms. Monier - yes Mr. Svatik - yes Ms. Reichert -ne- Mr. Rauth - yes Chron. Barrett - yes The vote was 6- 1. Motion carried. CHAIRMAN MATTERS: Chmn. Barrett asked if a workshop had been scheduled for telecommunication towers. MEMBERS MATTERS: Mr. Rauth explained why he thought Sebastian Landings wanted to annex into the City. Ms. Monier stated she would not be attending the AugUSt 1st and 15th meetings. She would be out- of-state. Mr. Svatik asked about legal liabilities regarding arsenic fields. DIRECTOR MATTERS: None ATTORNEY MATTERS: Mr. Slringer stated that from discUSs/on with City Council the earliest workshop could be scheduled in September. Chmn. Barrett adjourned the meeting at 11:10 P.M. (7/25/02 DB) City of SebaStian Development Order Application Permit Application No. ~not owner, written authorization (notarized) from owner is required.__~) Name: MOSBY & ASSOCIATES, INC. Address: 2455 14th AVENUE VERO BEACH, FL 32960 PhoneNumber:(772) 569 0035 FAO<Number: 772)778- 3617 E-Maih Owner (If different from applicant. ) Name: FORTE MACAULEY DEVEL. CONSULTANTS Address: I 688 Wl.;: HIBISCUS BLVD. Phone ~3300 MELBOURNE, FL 32901 FAX Number: (321) 984- 2890 Type of permit or action requested: CONCEPTUAL PUD APPROVAL PLEASE COMPLETE ONLY'THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. I A. Project's Name (if applicable): SEBASTIAN RIVER LANDING SUBDIVISION ________- r B site information ress: SOUTHEAST CORNER OF THE INTERSECTION OF CR51 0 & CR51 2 I Lot: ~ Unit: Subdivision: SEE SURVEY __------- lndian River County Parcel #: 23_31-38-00000-5000-00005-0, 5.1':; 5.2 Future. Land Use: /.-DC-- Zoning Classification: PUDR ' ----------- Proposed Use: RESIDENTIAL/COMMERCIAL Existing Use: A1 IRC C. Description of proposed activity and purpose of the requested permit or action (attach e;~tra sheets if DEVELOPMENT OF A RESIDENTIAL SUBDIVISION. necessary):_ RECEIVED B~ Permit Application No. D. Project Personnel: Agent: MOSBY & ASSOCIATES, INC. Name: RANDY MOSBY, P.E. Address 2455 14th AVENUE VER0 BEACH, FL -32960 Phone Number: (772) 569- 0035 FAX Number: 772) 77~ 3617 E-Maih Attorney: Name: COLLINS, BROWN, AND CALDWELL Address 756 BEACHLAND BLVD. VERO BEACH, FL 32963 Phone Number:( 775 231 4343 FAX Number: (772) 234- 5213 E-Mail: Engineer: Name: MOSBY & ASSOCIATES, INC. Address 2455 14th AVENUE VERO BEACH, FL 32960 PhoneNumbeF. (772) 569 - 0035 FAX Number:. (772) 778-3617 E-Maih Surveyor: Name: WILLIAM MOTT SURVEYING~ INC. Address 112 S. PATRICK DR., SUITE 3 SATELLITE 'BEACH, FL 32937 PhoneNumbec.(321) 773-4323 FAXNumbe~. (321) 693- 6991 E-Mail: I, RANDY ACCUR;~i SWORN TO Ah MOSBY I.,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER ~X I ~E~RESENTATJ~VE OF/THE OWNER OF THE pRoPERTY DESCRIBED WHICH 1S THE ~;~JBJECT MATrER OF THIS 4 ~¢AT~A¢ TH/E/INFORMATION' MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ,$ ERSONALL¥ KN OR PROOUCEO ~S IDENTIFICATiON~ TH S I ~.. DAY OF /~/~ -'~~' ........ ' MY COMMISSION ¢ CC 9~216 ~ COMMISSION NO./~PIRATION ~'¢ ~OZ/¢ _ _ _ SEAL: Form CD-2001 A~o~ed: '~'~'/27/~7 pa?F.!~2, of 3 Revision: Development Appfication File Name: Dca Permit Application No. The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plans~ conditional use permits, special use permits~ variances, exceptionsy and appeals- OWNER(S/ X THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH I,S THE [/VVE ..... THE -~-'- ;"~ HEREBY AUTHORITE EACH AND EVERY MEMBER OF THE plannlncj & 7. on~ncj SUBJECT OF THIS APPLICATlu , '- BOARD/COMMISSION OF THE Ci~~Y OF SEBASTIAN (THE "BOARD"/"COMMISSION") TO PHYSICALLY ENTER ~r~N THE PROPER,FY AND'ViEW THE PROPER ,DF IN CONNECTION WITH MY/OUR PENDING APPLICATION' I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUOIOIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING'THE PROPEP, TY, INCLUDING ANY PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CLAIM OR ASSER ION THAT MY/O~ CONSTiTUTi~S~HE I_IN)c-ED ST~ES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. T BE NG SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR ]'HIS WAtF///~,~T ~I~(AGENT, CONTRACTOR OR OFFICIAL OF THE'CI'T'Y OF SEBASTIAN. ,,,J / I//////I / ' ~ ~ .... DATE ;IwG~oto; n//d su bs~cribed before r0e by. ~-¢,~¢ ~. who is~)ersonally known to me or produced as ideniification, this '~day of ~-/~¢ --' Pdnted Name of Notary , ~ Commission No./Expiration _ (9 (L. ~"~<~ ~-I Seal:  Development Appfication  File Name: Doa  . 08127/97 PLANNING AlCD zoNING COMMISSION MINUTES OF REGULAR MEETING OF JULY ! 8, 2002 "I make a motion to approve the land use change from L-l(county) to LDR as stated in the amendment application in accordance with items 1 and 2 of tho stag report" Roll call: Mr. Svatik - yes Mr, Mahoney - yes Chron. Barrett - yes Mr. Rauth - yes Mr. Smith - yes Ms. Reichert - no Ms. Monier - yes The vote was 6- 1. Motion carried. MOTION 'by Monier/Smith "I'll make the motion that we rezone the Sebastian River Landings PUD from A-I, agricultural, to a PUD-R." Roll call: Ma:. Mahoney - yes Mr. Smith - yes Ms. Monier - yes Mr. Svatik - yes Ms. Reichert - no Mr. Rauth - yes Chron. Barrett - yes The vote was 1¢- 1. Motion carried. CttA~ MATTERS: Chrrm. Bma'ett asked if a workshop had been scheduled for telecommunic~[tion towers. MEMBERS NL4.TTERS: Mr. Rauth explained why he thought Sebastian Landings wanted to annex into the City. Ms. Monier stated she would not be'attending the August 1st and 152 meetings. She woul~ be of-state. Mr. Svatik asked about legal liabilities regarding arsenic fields. DIRECTOR MATTERS: ATTORNEY MATTERS: Mr. Stringer stated that scheduled in September. None from discussion with City Council ,:he earliest workshop could be Clan. Barrett: adjourned the meeting ax 11:10 P.M. (7/25/02 DB) 9 PRELIMINARY ENGINEERING REPORT FOR LOUISIANA AVENUE FROM C.R. 512 TO MAIN STREET PREPARED FOR CITY OF SEBASTIAN, FLORIDA ~O~E OIF ?~LIC. AN lIS;LAND PREPARED BY: WCG (~ngin~Ers · Planners · ArchitEcts · (~coiogists · SurvEgors WCG I NE. EL-SCHAFFER, Inc. ;=145 14*h Avenue. Suite ;=4 Veto Beach, Florida Phone: (77"E) 770-4707 Fax.. (77'E) 770-4640 APRIL 2003 05.o5 PRELIMINARY ENGINEERING REPORT LOUISIANA A VENUE IMPROVEMENTS FROM C.R. 512 TO MAIN STREET TABLE OF CONTENTS 1.0 2.0 3.0 4.0 5.0 6.0 INTRODUC~ON .......................................................................................... EXISTING CONDITIONS ............................................................................ 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Location ........................................................................... 1 Topography ........................................................................................... 2 Soils ....................................................................................................... 2 Land Use and Zoning .................................................... .' ....................... 3 Hydrologic Conditions .......................................................................... 3 Utilities .................................................................................................. 3 Roadway Characteristics ....................................................................... 4 2.7.1 Horizontal / Vertical Alignment ...... ; ........................................... 4 2.7.2 Intersections ................................................................................ 5 Right-of-Way Conditions ...................................................................... 5 PROPOSED IMPROV'EMENTS ..................................................................... 6 3.1 3.2 3.3 3.4 3.5 Limiting Design Criteria ....................................................................... 6 Right-of-Way Acquisiti°n ....................................................................... 6 Horizontal / Vertical Alignment .............................................................. 7 (Two-Way Traffic) Typical Roadway Section ........................................ 8 (One-Way Traffic) Typical Roadway Section ................................... : .... 8 STORMWATER MANAGEMENT ........ , ....................................................... 8 4.1 4.2 Stormwater Methodology ........................................................................ 8 StomSwater Collection and Management ................................................ 10 COST ESTIMATES .......................................................................................... 11 RECOMMENDATIONS ........... , ...................................................................... 12 PRELIMINARY ENGINEERJNG REPORT LOUISIANA A VENUE IMPROVEMENTS FROM C.R. 512 TO MAIN STREET TABLE OF CONTENTS CONTINUED LIST OF FIGURES VICINITY MAP ....................................................................................... 1 SOILS MAP. FEMA 100 YEAR FLOODPLAIN MAP ........................................................... 3 (TWo-wAy TRAFFIC) TYPICAL SECTION ................................................. 4- (ONE-WAY TRAFFIC) TYPICAL SECTION ................................................. 4 LIST OF EXHIBITS' RIGHT OF WAY ACQUISITION MAP ........................................ EX. 1 THRU EX. 3 PROPOSED ROADWAY ALIGNMENT ...................................... EX. 4 THRU EX. 6 iii 1.0 INTRODUCTION The City of Sebastian Engineering Department (the "City") authorized WCG, Inc. (the "Consultant") to provid~ survey, preliminary engineering, final design, and construction administration services for the Louisiana Avenue improvements between County Road 512 and Main Street. The Louisiana Avenue corridor travels north and south and serves as a minor collector between C.R. 512 and Main Street. The project section of Louisiana Avenue is approximately 2,550 +/- feet in length, and the roadway is currently a nan'ow two-lane roadway intersecting five (5) local streets and thirty-three (33) residential and commercial driveways along., the route. The City's objective is to improve its roadway network in order to serve the interests of local residents. The City has retained WCG, Inc. to evaluate the present roadway conditions and develop improvements for Louisiana Avenue between C.R. 512 and Main, Street. This Prelim/nary Engineering Report includes; evaluating existing conditions, review Right-of- Way (R/W) requirements, analyze proposed improvements for roadway alignment and sections, evaluate stormwater management, and present cost'comparisons of the alternatives. The evaluations and recommendations will be based on concepts of prudent and feasible engineering design with proper recognition of the goals and objectives expressed by the City of Sebastian. 2.0 EXISTING CONDITIONS 2.1 LOCATION The project is located in Section 6, Township 31S, and Range 39E in Indian River County, Florida. The location and limits of the study area and its relationship to other major transportation corridors is shown in Figure 1. N Tangelo St C;at~mondin-St WCGINEEL-SCHAPP~:H, ,fnc 2145 14th Ave., Suite 24 Vero Beach, Florida 32960 ~6~.77o.4~o7 (f~) .~.;;o4~.o ;!(ocli m~r~ Rd' VICINITY MAP LOUISIANA AVENUE SEBASTIAN, FLORIDA PROJ. NO. 021083.01 FIGURE: 1 2.2 TOPOGRAPEIY The project corridor lies in an area of the City of Sebastian that is both residential and commercial. The existing topography ranges in elevation from 19.0 feet to 30.0 feet National Geodetic Vertical Datum of 1929 (NGVD). Louisiana Ave. is a paved road, but has numerous cracks and spalls throughout the pavement. The edge of pavement varies in width and is not clearly defined. There are both commercial and residential driveways intersecting Louisiana Avenue. Most of the residential driveways are composed of dirt, with the exception of a few gravel and paved driveways. Based on existing vertical geometry of Louisiana Avenue, stormwater nmoffflows south to C.R. 512 from a high point located just north of Foster Road. In addition, runoff collects at a low point approximately midway between Foster Road and Palmetto Avenue. An existing second high point located just south of Palmetto Avenue that allows runoff to travel to a low point between Main Street and Palmetto Avenue. .2.3 SOILS In review of the USDA Soil Conservation Service Soil survey of Indian River County, Florida (1987), the report indicates that the southern half and the northern.tip of the project consists of Astamla sand type soil. This soil type is nearly level to gently sloping and is excessively drained, with very rapid permeabiSty. The surficial soil is typically grayish brown sand approximately four (4) inches thick and is underlain by brown sand w/th few medium and course roots. The subsoil is composed of brownish-yellow to strong brown sand to a depth of eighty (80) inches. This soil has no water table within a depth of six (6) feet throughout the year. The AASHTO classification for Astatula sand is A-3, which indicates acceptability for road construction. A detailed subsurface investigation will be performed at a later date. The northeastern part of the project consists of a section of St. Lucie sand. This soil type is -typically deep, nearly level to sloping, and excessively drained. The surficial soil is typically gray sand to a depth of three (3) inches. The subsoil is composed of white sand to a depth of 2 eighty (80) inches or more. This soil also has a water table at a depth of more than 72 inches. The AASHTO classification for Astatula sand is A-3, which indicates their acceptability for road construction. A soils map is shown on Figure 2. A detailed geotechnical subsurface investigation will be performed at a later date. · 2.4 LAND USE AND ZONING Louisiana Avenue lies in a developed urban corridor with mixed residential and commercial zoning. 2.5 HYDROLOGIC CONDITIONS No existing drainage facilities exist along Louisiana Avenue. However, three separate collection points exist due to the natural topography of the roadway. Stormwater nmoff generated just north of Foster Road will travel south to C.R. 512 where existing ditch bottom inlets collect and convey stormwater into a County drainage system along C.R. 512. Stormwater runoff generated between Palmetto Avenue and Foster Road collects at a low point located near a City owned open storage facility. The runoff between Main Street and Palmetto Avenue collects in a low point just north of Palmetto Avenue. Based on the well-drained soil types and land use cover, the existing runoff curve number shall range between 50 and 60, which is relatively low. The existing travel time or time of concentration of stormwater runoff, which is defined as the time required for runoff from the furthest point of distance in the watershed to reach the point of discharge, will be approximately 20 to 30 minutes. Detailed drainage information will be provided in later sections. 2.6 UTILITIES The project corridor contains utilities, which may affect the placement of the drainage system and or other roadway construction. Information from the utility companies indicates that underground water and sewer lines, underground and aerial cable facilities, overhead power and~ underground telephone facilities are located within the existing R/W. A determination as to 3 ,'~'-~:~?j~!f~,' ~,,"~ '~L,.,, ',:~%~,-:~:~,.%~}: :~~' ' ' .~I~ ' ~ ~ ~"4'~.. ~' ~ :¢' ~¢ ~g}~{' ." ? ',: ~, :? ~.~'.~,~i~ ~;-h~~:c: ~% r' .".:h 1; '",~ ~. ".' -:? ~:~'~ .... ' ....... : ' ~ ~ · :-':., . ..... :~ ; .~,~ ~'~ ~ %~'h' ~'~.~,,~ ~ ,,~q~,~- ._ ' '?;'d'"'t.. :~.:" '.¢"~.t.' ' !' ~s, ':~ .::::~, :,~ '~': "~ ~l ~" "- ::~ ,' · ." -. ~,:,:~::,~'.Fmx~';:.~!..~ '?~' ~,~; .::..x~;~:~w;.~n*. :.x~::.::,x ~.: .~ SOILS LEGEND REF. SCS SOIL SURVEY OF INDIAN. RIVER COUNTY, FL WC~INEEL-SCHAF~R, Inc WCG .~,,.-~.,.~ ~ ~o,,~ ~A~ ~o~. ,o. o~o~.o~ v.~..~, ~, ~o LOUISIANA AVENUE ~~~R ~.-~,~.~ SEBASTIAN, FLORIDA FIGURE: 2 ECT I.ON REF. FLOOD INSURANCE RATE MAP, PANEL 77 OF 169, MAP NUMBER: 12061C0077, EFFECTIVE DATE JULY 2, 1992 WCG WCGINEEL'$CHAFFER' Inc 2145 14th Ave., Suite 24 Veto Beach, Florida 32960 CA9582 100 YEAR FEMA FLOOD MAP LOUISIANA AVENUE SEBASTIAN, FLORIDA PROJ. NO. 021085.01 FIGURE: 3 final location of all utilities in the right-of-way is a matter of final roadway design and how that design can best accommodate both underground utilities and stormwater structures. That determination will be made based on sound engineering principles with due consideration to relocation, time and fiscal constraints. 2.7 ROADWAY CHARACTERISTICS 2.71 HORIZONTAL / VERTICAL ALIGNMENT The length of Louisiana Avenue within the subject project is approximately 2,550 feet. The existing R/W travels through a residential area on the south end near C.R. 512, and then is mostly commercial property through the north end, south of Main Street. The horizontal alignment travels north from C.K. 512 at Sta. 10+00 for approximately 1,100 feet to Sta. 21+00, then bears northwest and continues straight for approximately 1000 feet to Sta. 31+00, the next 450 +/- feet is a reverse curve toward the intersection of Main Street, which ends at Sra. 35+50. The width of pavement along Louisiana Avenue, from the intersections of C.R. 512 and Main Street, ranges from 16-ft to 17-ff. The existing pavement does not appear to have a consistent crown to it, and contains numerous cracks and spalls throughOut the pavement. The edge of pavement is in poor condition and not clearly defined. The driveways of the residential areas are mainly dirt driveways, with only a few being graveled or paved. Some driveways intersect Louisiana Avenue. at an acute angle. There are a few minor roads that intersect Louisiana Avenue. Temple Avenue (Sta. 10+70) is located on the west side of Louisiana Avenue and is connected at a perpendicular angle. Foster Road (Sta. 19+50) is perpendicular to Louisiana Avenue on the west. Palmetto Avenue (Sta. 32+50) is located just south of Main Street on the west side of Louisiana Avenue, where Louisiana begins the reverse curve into Main Street and connects to Louisiana at an acute angle. The vertical alignment along the centerline of Louisiana Avenue is included on the plan and profile sheets. At Sta. 10+00, which is the intersection of County Road 512 and Louisiana Avenue, the elevation is 24.10-f~, the profile travels with a negative slope of -1.12% to elevation 23.04-ft at Sra. 10+95. The profile gradually slopes upward at 0.84% to elevation 24.12-ft at Sta. 12+24, then continues on a gradual downward slope of -0.96% to elevation 23.15-ft at Sta. 13+25, and then travels on a steep upward slope of approximately 1.50% to elevation 30.41-ft at Sta. 18+19. The vertical alignment then travels at negative slope of- 1.07% continues down to elevation 22.41-ft at St. 26+30. From Sta. 26+30 to Sta. 31+23, the profile travels upward to elevation 27.65-ft then sharply down through the intersection of Palmetto Avenue to elevation 20.70-ft at Sta. 33+00, which is a slope of- 3.93%. The existing profile then levels toward the intersection of Main Street with intersection elevation of 19.20-ft. 2.72 INTERSECTIONS Louisiana Ave. contains two (2) major intersections including C.R. 512 and Main Street. The intersection at C.R. 512 occurs at a low point in the profile, which occurs on the southern end of Louisiana Avenue. C.R. 512 travels northeast and Louisiana Avenue travels approximately 100-feet northwest to the intersection of Temple Avenue then bears north, therefore creating a perpendicular intersection between the two roadways. The intersection at Main Street and Louisiana Avenue occurs on the far north end of the project. The intersection of Main Street and Louisiana Avenue also meet at an acute angle directly adjacent to the Florida east Coast Rail Road R/W. A few minor roads intersect Louisiana Avenue including Temple Avenue, Palmetto AvenUe and Foster Road. · The intersection at Temple Road is located just north of C.R. 512, on the' west side of Louisiana Avenue. Foster Road is located approximately midway along Louisiana Avenue, and also connects on the west. Palmetto Avenue has a two-leg connection to Louisiana Avenue, with this intersection located on the west side just south of the Main Street. 2.8 RIGHT-OF-WAY CONDITIONS Louisiana Avenue project begins at C.R. 512 at Station 10+00 and ends at Station 35+50 at the Main Street intersection. The existing R/W along5 Louisiana Avenue varies in width, with a 5~ feet wide R/W from Sta. 10+00 to Sta. 11+50; and then from Sta. 11+50 to Sta. 36+50 the R/W is 30-feet wide. The survey baseline is based on the original centerline, which is located in the center of the 30-feet R/W. 3.0 PROPOSED IMPROVEMENTS 3.1 LIMITING DESIGN CRITERIA The Standards established by the "Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways" (MANUAL) are intended for use on all new construction projects, and as a guide for reconstruction projects. Though the Louisiana Avenue project is considered reconstruction, it is desirable to meet the criteria set forth for new construction when feasible. These standards and the County's objectives were used to develop an envelope of design parameters that will define the roadway cross section. The manual lists recommended design speeds for various types of roadways, which governs other pertinent design criteria. Considering the projected traffic flow volumes and the surrounding land use, the roadway could be classified as a major collector, with speed restrictions. Speed restrictions are defined as "features of design which would effectively limit the operating speed such as: short length of roadway, closely spaced stop signs, traffic signals or other control devices, locations that would by nature of the surrounding development of land use indicate to the driver that lower speeds were necessary". The project corridor is bounded by residential and commercial properties with numerous driveway accesses. The proposed design speed is established at 25 mph. 3.2 RIGItT-OF-WAY ACQUISITION To design Louisiana Avenue safely and effectively, assuming the proposed design will accommodate 2-way traffic, the City will need to acquire additional R/W within the comdor. Right of way acquisition will also be needed if the proposed design will restrict traffic to a 1-way direction. However, the R/W needed for a 1-way section will be somewhat less then that required for 2-way traffic to safely maneuver the corridor. Recent ~'oadway improvements near the intersection of C.R. 512 and Louisiana Avenue indicate RAV has been obtained along this segment of roadway. However, to safely construct the a 2- way section, ten (10) feet of R/W will need to be acquired along the Louisiana Avenue corridor between Sra. 11+50 and Sta. 30+00. This acquisition will create the forty (40) feet of R/W necessary for roadway expansion within those stations. In addition, R/W acquisition will be necessary fi:om Sra. 30+00 up to the intersection of Palmetto Avenue and continue along Louisiana Avenue to Main Street. In order to correct the reverse curve alignment and correct the existing acute angle connection at Main Street, additional R/W' will be required on the north end of Louisiana Avenue. This acquisition will be required, regardless, of whether the roadway will be design for single or multi'directional traffic. For 2-way traffic, the overall area of R/W required for designing Louisiana Avenue safely and effectively is approximately 36,535 square feet or 0.83 acres. If the preferred alternative is to restrict traffic to 1-way, the required R/W' acquisition would be reduced to approximately 17, 260 square feet or 0.40 acres. Refer to plans for location of R/W acquisition. 3.3 HORIZONTAL / VERTICAL ALIGNMENT The horizontal ali~ment, as shown on the plans, will be modified such that the intersection of Louisiana Avenue and Main Street meet at a ninety-degree angle creating equal peripheral sight distance for vehicles mining onto Main Street and/or Louisiana Avenue. This new intersection alignment will minimize any obstructive .hazards. The proposed alignment traveling south along Louisiana will be modified to correct the existing reverse curve alignment near the intersection of Palmetto Avenue. The new alignment will result in driveway connection modifications on the west side of the roadway near the intersection of Ma/n Street. As shown on the plans, the proposed roadway will shift west at the intersection of Palmetto Avenue, which will result in a linear transition through the subject intersection. With the new R/W acquisition, the expanded portion of the roadway will be on the west side of the roadway from the Palmetto Avenue intersection to Sta. 26+00. The expanded alignment will gradually transition through the curve between Sta. 26+00 and Sra.23+00. From Sra. 23+00 to Sta. 17+50 the expanded roadway will then travel along the east side of the existing road, which will not cause an adverse impact to the existing homes and dr/veway connection along that western R/W border. As traveling thro~ 7 Sta. 27+00, the expanded roadway will again gradually transition to the west, to avoid adverse impacts to homes and driveway connections located near the intersection of C.R. 512 and Louisiana Avenue. Should the alternative one-way traffic section be selected, the horizontal alignment will track the existing centerline geometry with the exception of the modifications outlined at the Louisiana Avenue - Main Street intersection. 3.4 TYPICAL ROADWAY SECTION (TWO-WAY TRAFFIC) Should the option of maintaining the 2-way traffic be selected, the additional R/W discussed above will be required. The expanded 40-ft R/W will accommodate two (2) twelve foot traffic lane, a two foot curb and gutter on both edges of pavement, a two foot grassed shoulder with four foot pedestrian sidewalk on one side of the roadway, and a six (6) foot wide grassed shoulder for utilities. The wooden power poles and mailboxes will be located within the grassed shoulder area of the roadway. Figure 4 shows the proposed typical 2-way roadway section. 3.5 TYPICAL ROADWAY SECTION (ONE-WAY TRAFFIC) If the preferred design alternative is to limit traffic within the Louisiana corridor to 1-way traffic, the typical section would be designed to remain within the existing 3.0-Foot R/W. The 1-way section will accommodate one (1) fourteen foot traffic lane, two feet of curb and gutter on both edges of pavement, a six (6) foot wide shoulder on each side. Within the east six (6) foot shoulder, a four (4) foot sidewalk would be constructed leaving a two (2) foot grass area. On the west, the entire six (6) foot shoulder would remain grassed and used for utilities as needed. Figure 5 shows the proposed typical 1-way roadway section. 4.0 STORMWATER MANAGEMENT 4.1 STORMWATER METHODOLOGY Stormwater management consists of two aspects, water quantity and water quality. Water quantity involves attenuating the project condition discharge to that of the existing condition. The discharges will be computed using St. Johns River Water Management District's 8 (SJKWMD) 24 hour, 25 year rainfall maps and Soil Conservation Service's Type II Florida Modified 24 hour rainfall distribution with an antecedent moisture condition II. Water quality involves treating runoff fi:om the project site in order to prevent an increase in pollution above that found in the existing condition. The volume of runoff to be treated is determined by the type of treatment system utilized. The type of treatment system utilized will depend on seasonal kigh water groundwater levels, soil types, and. outfall constraints. The improvements to Louisiana Avenue will include provisions of stonnwater management facilities.. A number of Best Management Practices (BMP's) can be used for conveyance, treatment and attenuation of stormwater runoff as well as for control of erosion and turbid discharges. Since different BMP's provide different benefits and have different requirements, a combination of selected BMP's can provide a cost-effective level of service for stormwater management. For example, if a retention type system is used, the runoff volume is computed fi:om one half of runoff over contributing area or 1.25 inches of runoff fi:om the project impervious area, whichever is greater. If On-line retention is used an additional one half inch of nmoff is required for treatment. The. retention system must be designed to recover the entire treatment volume within 72 hours. 4.2 STORMWATER COLLECTION AND MANAGE~NT The existing Louisiana Avenue watershed, between C.R. 512 and Main Street, is divided into three drainage subbasins, which are separated at crests or kigh points in the roadway profile. The existing high point, which creates the southern subbasin, is located just north of Foster Road. This high point allows nmoff to travel south toward C.R. 512. The second high point located just south of Palmetto Avenue creates the second subl~asin between the high points. The low point in the roadway profile is located near the City's open storage facility. The northern subbasin created by the high point south of Palmetto Avenue allows runoff to travel to Main Street, thus creating the third subbasin. The proposed roadway improvements will include a stormwater drainage system to collect and convey runoff generated within their respective subbasins. The conceptual stonnwater management facilities consist of curb and gutter, storm sewers,' retention areas and outfall structures. Several stormwater management facilities are proposed to attenuate runoff prior to discharge. Proposed locations for water retention areas are depicted on the preliminary plans. One of the proposed retention areas is located at the City's open storage property. The second facility will be located east of the new alignment and south of the Main Street intersection. Additional facilities may be selected during final design of the project. These facilities may include but are not limited to: underdrains, swales, sidebank filters, ex filtration trenches and vertical volume recovery structures. 10 5.0 COST ESTIMATE A preliminary cost estimate is presented in the following table. The estimate includes the cost for roadway construction, storrhwater management system, utilities, lighting, sidewalk construction and right of way acquisition. COST SUMMARY ITEM ESTIMATED COST 1: 1KOADWAY CONSTRUCTION $108,000 2. STORMWATtSR MANAGEMENT $ 255,200 3. rO~TLITIES $ 30,000 4. R/W ACQUISITION 5. LIGI-ITING 6. SIDEWALK CONSTRUCTION $ 182,675 $ 75,000 CONT]NGBNCY (10%) TOTAL $ 90,000 7. MISCELLANOUS CONCRETE WORK $ 50,000 SUB-TOTAL $790,875 $79,087 $869,962 11 6.0 RECOMMENDATIONS WCG, Inc. recommends that the City of Sebastian reconstruct Louisiana Avenue to accommodate two-way traffic utilizing a two-lane curbed roadway with improved safety and drainage features in lieu of the option of a one-way route. The principal reasoning for constructing the facility to accommodate two-way traffic is to remain consistent with the existing traffic flows and patterns. Altering the traffic patterns within the corridor could potentially create adverse impacts for ingress and egress to the residential and commercial property owners under normal conditions or during emergency situations. In addition, construction of the two- way option would not provide a substantial time or cost savings. As such, specific recommended improvements include: · Acquire additional right-of-way as shown on the attached Plans · Realign the horizontal geometry of Louisiana Avenue to improve safety and provide for a smoother transitional flow of traffic. · Improve the Main Street intersection to create a 90 degree connection. · Reconstruct the roadway to provide a 12 foot traffic lane, curb and gutter, grassed shoulders and a sidewalk on one side of the roadway centerline. · Regrade the vertical alig-nment of the roadway to improve safety and drainage characteristics. · Construct stormwater management facilities to provide some level of water quality treatment, water quantity attenuation, and flood protection. .. · Provide storm sewers and structures to convey stormwater runoff to retention areas and to drainage ouffalls. WCG, Inc. considers the above recommended improvements to be the minimum requirements that would allow Louisiana Avenue to provide a safe and effective two-way roadway for area residents. 12 SE, B STIAI I HOME OF PELZC~ Subject: Community Development Block Grant Administrator [ ex!~nce ~vioore Agenda No. ~ Department Origin: Finance Dept.: General Services: ]~-- Date Submitted: April 30, 2003 For Agenda of: May 14, 2003 Exhibits: · RFP Evaluation and ~ Mamx · Contract between the City of Sebastian and Jordan & Associates for Grant Administration Senrices EXPENDITURE REQUIltED: [ AMOUNT BUDGETED: APPROPRIATION REQUIllF, D: $49,000.00 { $700,000.00 SUMMARY The City has a need for the services of a State of Florida Small Cities Community Development Block Grant Administrator, in the Neighborhood Revitalization Category to be utilized for improvements to Louisiana Avenue. Therefore, the City invited qualified firms to submit a Request for Proposal (RFP) for Grant Administration Services. Three (3) Proposals were received from the following firms: Jordan & Associates 4611 U.S. Highway #17 Orange Park, FL 32003 Nancy Phillips & Associates, L.C. 7408 Edisto Drive Lake Worth, FL 33467 LBFH, Inc. 2222 Colonial Road, Suite 201 Ft. Pierce, FL 34950 On April 28, 2003, at 10:00 a.m., the City's Evaluation Committee met to review and score each Request for Proposal (RFP) referenced above, in accordance with the point scoring criteria for each category. Based on the vast knowledge of State and Federal regulations along with many years of experience specializing in Community Development Block Grant Programs, Jordan & Associates ranked the highest. Therefore, it is the recommendation of the City' s Evaluation Committee to award Jordan & Associates the contract to provide the City of Sebastian CDBG Grant Administration Services, in the amount of $49,000.00 for improvements to Louisiana Avenue. RECOMMENDED ACTIO.N r~-~ Move to authorize the City Manager to execute a Contract between the City of Sebastian and Jo & Associates, to provide Community Development Block Grant Services for the Louisiana Avenue Improvements in the amount of $49,000.00. AGRERMENT FOR CDBG ADMINISTRATION SERVICES SEBASTIAN, FLORIDA This Contract is entered into this day of ,2003, between the City of Sebastian, Florida, hereinai~er referred to as the "Client" and Jordan & Associates, 4611 U. S. Highway 17, Suite 3, Orange Park, Florida. The Contract shall become effective immediately, with Grant Administration Services subject to the beginning date of the CDBG Grant Agreement between the local government and the Florida Department of Community Affairs, hereinafter referred to as "DCA". WlTNESSETH WKEREAS, the Client has been awarded a Community DeveloPment Block Grant, hereinafter referred to as the ~Project" and the Client being desirous of implementing such a Project; and WHEREAS, the Client has determined that Jordan & Associates is fully qualified to perform Grant Administrative Services for the Client's Community Development Block Grant (CDBG) Project. NOW THEREFORE, the Client and Jordan & Associates in consideration of mutual covenants and promises herein contained and fully intending to be legally bound hereby do, mutually agree as follows: ARTICLE I SCOPE OF SERVICES Jordan & Associates shall provide the following services for the Grant Administration and Jordan & Associates agrees, under the terms and conditions of this Contract and the applicable federal, state and local laws and regulations, to undertake, perform and complete the necessary Grant Administration Services required to implement and complete the Client's CDBG project in compliance with applicable laws and regulations. A. ..Scope of Services (Jordan & Associates and Client): The scope of service relevant to the CDBG Project No. 03DB-1A-10-40-02-N34 is included as Attachment "B" to this agreement. ARTICLE H COMPENSATION AND PAYMENT A_ Compensation: For the services provided as identified in Attachment '~B" the Client agrees to pay the administrator as follows: 1. Administrative Services: The Client will pay Jordan & Associates the sum of $ 49,000.00 . Not more than $4,500 shall be paid by the Client for Jordan & Associates' services performed prior to the release of funds. This payment is for the Environmental Review process. The Client will pay the cost of advertisement. After the Client's release of funds, the remaining compensation will be paid in 20 equal monthly payments ors 2,225.00 or multiple months as invoiced. 2. Early Completion: If the project is satisfactorily completed before the 24- month grant period expires, the balance of the administration fee will be paid to Jordan & Associates by the tenth calendar of the month at~er submission of the preliminary closeout report to DCA or within 10 days of receipt of funds from DCA. Miscellaneous Costs: It is agreed by Jordan & Associates and the Client that legal, audit and advertising expenses will be the Client's responsibility. B. Invoices: Jordan & Associates will submit a monthly invoice or combined multiple months invoice for Administration Services. The invoice shall be submitted to the Client for the Client's review and approval. Payment will be issued within ten days of the receipt of project funds from DCA. ARTICLE IN ACCESS TO RECORDS The local government, the Florida Department of Community Affairs, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. It is expressly understood that upon receipt of substantial evidence of Jordan & Associates' refusal to comply with this provision, the Client will have the fight to terminate this contract for breach. ARTICLE IV TERM OF CONTRACT The term of contract under this Project shall begin upon the execution of the grant agreement between the Client and DCA and shall be completed upon final completion of Florida Community Development Block Grant Small Cities Program Projects as approved by the Florida Department of Community Affairs. ARTICLE V TERaMINATION A. This contract may be terminated in whole or in pan in writing by either party in the event of substantial failure by the other to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ~ (30) calendar days written notice (delivered by certified mail,"'~'eturn receipt~requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by either party for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in Article V A~ above. C. Iftermlnation for default is effected by the Client, an equitable adjustment in the price for this contract shall be made but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the Client because of the contractor's default. D. If termination for convenience is effected by the Client, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice as described in Article II .4.3. If termination for convenience is effected by Jordan & Associates, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice as described in Article II A. 3. For any termination, the equitable adjustmem shall provide for payment to any contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by Jordan & Associates relating to commitments (e.g. suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. E. Upon receipt of a termination action under paragraphs A. or B. above, Jordan & Associates shall (1) promptly discontinue ali affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the Client all data, reports, summaries and other such information, as may have been accumulated by Jordan & Associates in performing this contract, whether completed or in process. F. Upon termination, the Client may take over the work and may award another party a contract to complete the work described in this contract. G. If, after termination for failure of either party to fi~lfill contractual obligations, it is determined that the other party had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience' for the initiating party. In such event, adjustment of the contract price shall be made as provided in the respe.ctive paragraphs C. and D. above. ARTICI~ VI~ CONTRACT AMENDMENT The terms and conditions of this contract may be changed at any time by mutual agreement of the parties hereto. All such changes with associated costs shall be incorporated as written amendments to this contract and attached hereto. ARTICLE VII PRO ~ ~ HITION AGAI3IST CONTINGENT FEES Jordan & Associates warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Jordan & Associates to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporations, individual, or firm, other than a bona fide employee worldng solely for Jordan & Associates any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this agreement. - ARTICLE VIII CONTACT PERSONS A. The Client's comact person for this contract is: Mr. Terrence Moore, City_ Manager B. The representative of Jordan & Associates responsible for the administration of this contract is Ms. Betty Jordan, President. C. In the event that different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the party and said notification attached to the original of this contract. ARTICLE IX REMEDHgS Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the client and Jordan & Associates, arising out of or relating to this contract, or the breach of it, will be decided by arbitration if the parties mutually agree or in a Florida court of competent jurisdiction. The parties expressly waive all fights to trial by jury. ARTICLE X RETENTION OF RECORDS Jordan & Associates shall retain all records relating to this contract for three years at~er the Client makes final payment and all other pending matters are closed. ARTICLE XI ENVIRONM~ENTAL COMPLIANCE lf'th~s contract exceeds $100,000 Jordan & Associates shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857 (h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and U. S. Environmental Protection Agency regulations (40 C.F.P,.. Part 15). Jordan & Associates shall include this clause in any subcontracts over $100,000. ARTICLE XII ENERGY EFFICW~NCY Jordan & Associates shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conse~ation Act (Public Law 94-163). ARTICLE XHI COVENANT FOR SERVICES The Client does hereby contract with Jordan & Associates to perform the services described herein and Jordan & Associates does hereby agree to perform such services under the~ terms and conditions set forth in this contract. ARTICLE XIV ATTORNEY'S FEES Should it become necessary for either paxty to enforce its fights under this agreement, the prevailing party shall be entitled to recover attorney's fees and costs associated herewith. ARTICLE XV FEDERAL STATUTORY REOUIR.EMENTS When applicable, Jordan & Associates and the Client shall comply with the provisions contained in Attachment "A" and incorporated herein. ARTICLE XVI LI!M/TA~ON OF LIABILITY A. Compensation: Neither Jordan & Associates, Jordan & Associates' consukants, nor their agents or employees shall be jointly, severally or individually liable to the Client.in excess of the compensation to be paid pursuant to this agreement by reason of any act or omission, including breach of contract or negligence not mounting to a willful or intentional wrong. ARTICLE XVII TERMS AND CONDITIONS This contract contains all the terms and conditions agreed upon by the parties. ARTICLE XVIII EXECUTION IN WITNESS WI-I~.R~OF, the parties hereto have caused these presents to be executed duly qualified representatives this day of ,2003. CITY OF SEBASTIAN, FLORIDA Terrence R. Moore, City Manager JORDAN & ASSOCIATES Betty J/J~'/da(~Sresident Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: · Rich Stringer, City Attorney ATFA~NT It is our goal to implement a trouble free project and relieve the commumty of as much burden as possible by: 1) Establish lia/son w/th Department of Community Affaim on the Commun/~s behalf. 2) Prepare Environmental Rev/ew documents including all ma//outs and advertisements. 3) Rev/.ew the local government's compI/ance with state and federal regulations/ reqmrements concerning procurement, employment, Personnel and property rnmmgement, records retent/on, fa/r housing eth/cs, etc. and make recommendations for mod/fications, if necessary. ' 4) Assist the commun/ty with any properly acquisition as may be necessary. 5) Request a wage dec/sion for the project construction. 6) Rev/ew bid documents. Coordinate and support any engineering firm in the follow/nE. g- Request and receiVe bids. 9) B. Review and eva/uate bids for eligib/Iity and Compliance. R.ecommcnd for approval by local officials. C. Ass/st w/th contract development if necessary. Supervise execution. D. Attend preconstruction conference. During construction rev/ew all request for funds from the contractor to insure that al/ Day/s/Bacon Act federal requirements are met; - Coordinate to resolve any problems between the engineer, contractor, and community. Review any change orders and make recommendations to the commun/ty on each; and insure that all Release of Liens are properly executed and all documents are in hand properly before final payment is made. Prepare all Request for Funds - to be submitted in a manner that w/fl insure availability of funds to the local government when needed, in compliance w/th regulations. 10) 11) 12) 14) 15) 16) Maintain all required files. Produce and submit any required program reports. Be present to represent the local government during monitoring visits. Kespond to the monitoring reports. Meet with Citizen's Advisory Task Force (CATF) to keep them informed on the project. Meet with the local government to keep them updated on the progress of the project. Support the community in receiving an extension in the grant period that may be required as a result of unforeseen circumstances. Perform program close-out actlMties, including submission of reports and follow-up. City of Sebastian, Florida Subject: First reading of Ordinance No. O- 03-05; land use amendment for a .75 acre parcel of land recently annexed by Dr. Hadi Shalhoub. Agenda No. 03.0 ~' Department Origin: Growth Management Tracy E. Hass ~ Date Submitted: May 7, 2003 For Agenda of: May 14, 2003 Exhibits: Ordinance No. O-03-05, location map, application, and staff report. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Dr. Hadi Shalhoub recently received authorization from City Council to proceed with annexation of lot 18, Jeans Unit, Indian River Twin Estates, which is located at 7465 132nd Street. Physically, the property is located to the east of U.S. 1 across from the St. Sebastian Catholic Church, immediately north of the Sebastian Heart Center. On February 21, 2002, Dr. Shalhoub obtained site plan approval for a 1,925 SF medical facility for lot 19 located immediately west of the subject property. The property is very long and narrow and triangular in shape. Due to lot characteristics, Dr. Shalhoub was very limited in designing his proposed medical center. Realizing this, he decided to buy lot 18, which he now desires to annex to provide ample area for a second medical building, along with associated parking, and other required site improvements. Adding lot 18 will provide Dr. Shalhoub with the ability to design a more efficient, and logical site plan. The City Council authorized annexation of said parcel during the requisite public hearing held on February 12, 2003. Furthermore, to accommodate development of the property consistent with the above proposal, the property owner submitted a land use amendment application to modify the existing land use from M-1 (8-units/acre (County)) to RMU (Riverfront Mixed Use (City)). RECOMMENDED ACTION Move to pass Ordinance No. 0-03-05 on first reading and schedule a second reading and public hearing for May 28, 2003. ORDINANCE NO. 0-03-05 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 RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS M-1 FOR LAND CONSISTING OF 0.75 ACRES, MORE OR LESS, LOCATED ALONG US FilGHWAY ONE AT CITY'S NORTHERN LIMITS; 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 Dr. Hadi Shalhoub 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 M-1 to RMU (Riverfront Mixed Use) in the City; and WHEREAS, the City Council has considered the criteria identified in Section 54-1- 2.9(c) of the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and 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 of the City of Sebastian, Indian River County, Florida: Lot 18, Jeans Unit, Indian River Twin Estates as recorded in Plat Book 8, Page 31 of the Public Records of Indian River County, Florida, containing 0.75 acres more or less; As depicted on the survey attached as Exhibit "A" Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amendedto include the affected property, and designate said property as Riverfront Mixed Use (RMU) 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 immediately upon execution. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted this ,2003. day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney WOERTEIVI)Yl~E SURVEYflV$, /NC. M~ A. WOERTENDYKE 804 IROQUOIS AVE. MELBOURNE FLA. 32935 / / ~ g! ~ I~".,. . ~ ~! ~ '" / . ~ /;~' . / 1~.--~.. BOUNDARY SURVEY PREPARED FOR: LEGAL DESCRI~ON ~RI~H PIOH~KR ~O~P~NY 80'IH CT. K-MART SUBJECT PARCEL AS'T]AN CITY LIkflTS / / / ,I / / / . /' I0 0 lC " N City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: ~i,.~ r.~ ~ 5~ ~.,.(~, d~(~ Phone Number: (~ .~ ~- ?~q~ F~ Number: ( ) E-Mail: Owner (If different from applicant) Name: Address: Phone Number: ( ) FAX Number: ( ) E-Mail: Title of permit or action requested: ' I / PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A~-FACHED AND 8-1/2" BY 1 1" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. iA. Project Name (if applicable): B. Site Information Lot: Block: _t,).oit: ,/ Subdivision: Indian River County Parcel #: Zoning Classification: Future.Land Use: Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED: ~.~ /~H / 03 FEE PAID: $ 1000.00 RECEIVED BY:~ f,l".O 3- z-~/ Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number: (~,~ / ) ~,l~ ' ~0'~ FAX Number: E-Mail: Attorney: Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: Encjineer: Name: Address Phone Number: ( ) FAX Number: ( ) - E-Mail: Surveyor: Name: Address Phone Number: ( ) FAX Number: ( ) - E-Mail: I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER AJ~ THE I.~GAL REPF~ESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA~I'ER OF THIS APNICAT~f~N, AND "I~AT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ~L~TE~i~ND TRUE~'F~ THE BEST OF MY KNOWLEDGE AND BELIEF. S~~ ~ ~ ~ ~ . DATE w.o ~s .E.SO.~aLV x. OW. TO UE O~ ..O~~~~. PRINTED NAME OF NOTARY -- ~e~} ~ - ~ q .~ COMMISSION NO/ExPI~TION ~~ ~ S~L: Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning}, site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/~/~/E, THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNER(S) Of THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM'ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR .-PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED'By SUCH ENTERING OR VIEWING. SwornX~o and subscribed before me by who is personally known,~ me or proud as identification, this ~ day of ~ ~ ~ .2~ O~. ' ' Nota~s Signature Printed Name of Notaw Commission No./Expiration Seal: ~N~ARY FL No~ e Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: Requested Action: Project Location a, Address: b. Legal: C. Project Owner: Shalhoub Medical Office Land Use Change from M-1 (County) to RMU 13100 U.S. Highway 1 See a~ached Indian River County Parcel Number: 30-38-36-00004-0010-00018.0 Project Agent: Pr~ect Engineer: Project Surveyor: Project Description Dr. Hadi Shalhoub 1516 Wyn Cove Drive Vero Beach, Florida 32963 (772) 562-7495 Laufen Inc. 1800 W. Hibiscus Blvd, # 128 Melboume, Florida 32901 (321) 726-8206 fax: (321) 725-9-t~7 ~ ~' I 7 Soyka Engineering & Associates, Inc. 114 Sixth Avenue, Suite 3 Indialantic, Florida 32903 (321) 952-7200 Narrative of proposed action: Dr. Hadi Shalhoub recently submitted a letter of request concerning potential annexation of lot 18, Jeans Unit, Indian River Twin Estates, which is located at 7465 ~32nd Street. Physically, the property is located to the east of U.S. 1 across from the St. Sebastian Catholic Church, immediately north of the Sebastian Heart Center. On February 21, 2002, Dr. Shalhoub obtained site plan approval for a 1,925 SF medical facility for lot 19 located immediately east of the subject property. The property is very long and narrow and triangular in shape. Due to lot characteristics, Dr. Shalhoub was~ 1 very limited in designing his proposed medical center. Realizing this, he decided to buy lot 18, which was recently annexed, to provide ample area for a second medical building, along with associated parking, and other required site improvements. Adding lot 18 will provide Dr. Shalhoub with the ability to design a more efficient, and logical site plan. Furthermore, the City Council approved the annexation of said parcel during a regularly scheduled City Council meeting held February 12, 2003. Current Zoning: M-1 (County) Adjacent Properties Zoning North: C/I (County) East: RMH-8 (IRC) South: CR West: PS d. Site Characteristics (1) Total Acreage: (2) Current Land use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Current Land Use Vacant Mobile Homes Dr. Zaidi Medical St. Sebastian Catholic Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent ' C: Public Facilities: Consistent d: Housing: Consistent Future Land Use C/I (County) M-2 (County) RMU INS .75 acres Vacant Jupiter Cleared Zone X Indian River County Utilities Indian River County Utilities Main Street Park - 1 mile Indian River Fire - ~ mile Sebastian Police- 1 mile 2 e. Coastal Management: Consistent 10. 11. 12. 13. 14. 15, 16. 17. 18. f. Recreation and Open Space: Consistent g. Conservation: Consistent h. Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: Existing site is a small vacant residential property, with a proposed change to CR for the expansion of a proposed medical office. Land Use Compatibility: The adjacent properties to the north and south are designated Commercial, with the south being Commercial Riverfront (CR), and currently occupied with an existing medical facility, and the property to the north is vacant commercial. The proposed land use amendment for conversion to Riverfront Mixed Use (RMU) will permit commercial zoning and use of the property consistent with neighboring properties within the U.S. Highway 1 corridor. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: Provided - public utilities (water, wastewater) are available within the immediate area. Natural Environment: No change or impact to natural environment anticipated with this request. Economic Effect: The property was recently annexed within the corporate limits of the City of Sebastian. Although minimal, an additional .75 acres of commercially zoned land will permit for an expansion of the commercial tax base within the community. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to commercial property and availability of sufficient public facilities and access. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. AlthOugh the property in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for residential mobile homes. Due to location, commercial uses are most practical for the subject property, and the proposed change to mixed-use is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan,/~,,._~ 3 Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 19. Analysis: Dr. Hadi Shalhoub recently submitted a letter of request concerning potential annexation of lot 18, Jeans Unit, Indian River Twin Estates, which is located at 7465 132nd Street. Physically, the property is located to the east of U.S. 1 across from the St. Sebastian Catholic Church, immediately north of the Sebastian Heart Center. On February 21, 2002, Dr. Shalhoub obtained site plan approval for a 1,925 SF medical facility for lot 19 located immediately east of the subject property. The property is very long and narrow and triangular in shape. Due to lot characteristics, Dr. Shalhoub was very limited in designing his proposed medical center. Realizing this, he decided to buy lot 18, which was recently annexed, to provide ample area for a second medical building, along with associated parking, and other required site improvements. Adding lot 18 will provide Dr. Shalhoub with the ability to design a more efficientl and logical site plan. Furthermore, the City Council approved the annexation of said parcel during a regularly scheduled City Council meeting .held February 12, 2003. 20. Conclusion: The requested land use change from M-1 (County) to RMU is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested land use change from M-1 to RMU. PREPAO~'~ 4 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION .......................... :.. ...... :-.:~:..,..~,,,~::,::i ........... . ..... MINUTES OF REGU~R MEETING .~'~-':':~ :....- -__.~::7~:' ::.-- ......... -.-=~: Z-....;.T:.~,,~.~:,~ .~, MAY 1, 2003 Chairman Smith called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED: VC Barrett Mr. Mahoney Mr. Faille Ms. Monier Mr. Svatik Mr. AIIocco Mr. Blessing (a) Mr. Carroll (a) ALSO PRESENT: Tracy Hass, Growth Management Director Jan King, Growth Management Manager Rich Stringer, City Attorney Susan Lorusso, Secretary ANNOUNCEMENTS: Chmn Smith announced that Mr. Svatik is excused and Mr. Carroll will be voting. APPROVAL OF MINUTES: 4/17/03 MOTION by Barrett/Carroll "1 make a motion to accept the minutes of 4/17/03." A voice vote was taken. 7-0 minutes approved, OLD BUSINESS: NEW BUSINESS: None Public Hearing - Recommendation to City Council - Comprehensive Plan Land Use Amendment/Rezoning - Shalhoub Medical Center - Lot 18, Jeans Unit - Indian River Twin Estates PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MAY 1, 2003 Chmn Smith opened the public hearing at 7:03 p.m. and swore in Mr.' Hass. As there was no representation from the applicant Mr. Hass gave a history of the site and presented the proposal utilizing maps detailing U.S. Highway 1 and the site. After Dr. Shalhoub obtained site plan approval for his medical facility he obtained the parcel of land to the east of his site, which is not in the city. Dr. Shalhoub was interested in annexing the property and have it rezoned to Commercial Riverfront (CR). Currently the parcel in the county is zoned RMH, Residential Mobile Homes up to eight (8) units per acre. City Council has already heard the request on the annexation. Behind the parcel of land proposed for annexation is a residential area, which the county has reviewed and not raised any objections. The residents also had no objections. Staff recommends the Planning and Zoning Commission recommend the City Council to approval the land use amendment and rezone for this application. Chmn Smith closed the public hearing at 7:07 p.m. Mr. Mahoney asked if the on-site septic and well were going to be used or connect to county utilities and Mr. Hass said county utilities have expressed to him that permits are not to be issued until they enter into a development agreement or Dr. Shalhoub connects to water and sewer. There were no further comments or questions from the board. MOTION by Barrett/Monier "1 make a motion we recommend to City Council that the Comprehensive Plan Land Use Amendment changed from M1 County to RMU be approved." Roll Call: Mr. Faille yes Mr. AIIocco yes Chmn Smith yes Mr. Mahoney yes VC Barrett yes Ms. Monier yes Mr. Carroll(a) yes The vote was 7-0. Motion carried. MOTION by Barrett/Monier "1 make a motion we recommend to City Council that the Re-zoning for the Shalhoub Medical Center at Lot 18, Jeans Unit be changed from RMH-8 [County] to CR." Roll Call: Mr. Faille yes Chmn Smith yes Mr. Mahoney yes VC Barrett yes Ms. Monier yes Mr. Carroll(a) yes Mr. AIIocco yes The vote was 7-0, Motion carried. ~AIRMAN MATTERS: NONE City of Sebastian, Florida Subject: First reading of Ordinance No. O- Agenda No. 03. ~)~. ~ 03-06; rezoning request for a .75 acre parcel of land recently annexed by Dr. Hadi Department Origin: Growth Management Shalhoub. Tracy E. Hass.~a~~ ~~pp over__by: Date Submitted: May 7, 2003 k~,~-//~~/ ~J' For Agenda of: May 14, 2003 Exhibits: O~i~ance No. 0-03-06, location map, application, and staff report. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Dr. Hadi Shalhoub recently received authorization from City Council to proceed with annexation of lot 18, Jeans Unit, Indian River Twin Estates, which is located at 7465 132aa Street. Physically, the property is located to the east of U.S. 1 across from the St. Sebastian Catholic Church, immediately north of the Sebastian Heart Center. On February 21, 2002, Dr. Shalhoub obtained site plan approval for a 1,925 SF medical facility for lot 19 located immediately west of the subject property. The property is very long and narrow and triangular in shape. Due to lot characteristics, Dr. Shalhoub was very limited in designing his proposed medical center, Realizing this, he decided to buy lot 18, which he now desires to annex to provide ample area for a second medical building, along with associated parking, and other required site improvements. Adding lot 18 will provide Dr. Shalhoub with the ability to design a more efficient, and logical site plan. The City Council authorized annexation of said parcel during the requisite public hearing held on February 12, 2003. Furthermore, to accommodate development of the property consistent with the above proposal, the property owner submitted an application for rezoning to modify the existing zoning from RMH-8 (Residential Mobile-Homes, 8 units/acre (County)) to CR (Commercial Riverfront (City)). RECOMMENDED ACTION Move to pass Ordinance No. 0-03-06 on first reading and schedule a second reading and public hearing for May 28, 2003. ORDINANCE NO. 0-03-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME - EIGHT (RMH-8) FOR LAND CONSISTING OF 0.75 ACRES, MORE OR LESS, LOCATED ALONG US HIGHWAY ONE AT CITY'S NORTHERN LIMITS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dr. Hadi Shalhoub has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW 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: Lot 18, Jeans Unit, Indian River Twin Estates as recorded in Plat Book 8, Page 31 of the Public Records of Indian River County, Florida. Containing 0.75 acres more or less; As depicted on the attached survey hereto as Exhibit "A ". Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Commercial Riverfront (CR). 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 hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective concurrent with the effective date of Ordinance 0-03-05. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of ,2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney / / / / / REVISED 10/'3/O2: t ! ! i ELEVATIONS ARE BASED ON BOUNDARY SURVEY' PREPARED FOR: ::::::::::::::::::::::::::::::::::::::::::::::: 80TH CT. $ ' 7~..7 i-'ri C) Z K-MART SUBJECT PARCEL --~ A~I'IAN LIMITS SEBA~rI ..'.~::~e~. ClTY klM]TS I I I I I I'1 I O0 / / I I I / / / I0 3 2 I 0'-0' ~OP'O'~EO I~DIC. AL ~UII..~ LAYOUT.~ IJO~ '01~ 0 1'7 14 City of Sebastian i/,. Development Order ApplicOn;ion ~, ~ .... ~... ~pplicant (If not owner, w~en autho~zadon Phone Num~eE (~)~ -~ ~ - ' F~ Numbe~ ( ) E-Mail: Owner (If different from applicant) Name: Address: Phone Numbe¢. ( ) FAX Number:. ( ) - E-Mail: Ty~,e of permit or action requested: J PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, E"T'C. SHALL 8E ATTACHED AND 81/2" 5¥ 11" COPIES OF ANY A ~"-~ACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. P.roject's Nam.~.e (if applicable): B. Site Information Address: Lot: Block: Unit: Subdivision: Indian River County Parcel ~. Zoning Classification: Future Land Use: Existing~) C~C--c~r~.Use: . proposed Use: C. Description of proposed activity and purpose of the reque~-ted permit or action (a~ach ex~a shee~s if DATE RECEIVED: 7/97 ~ ~ .dE;) RECEIVED BY: 7'~-" FEE PAID: $ J Development Application J F~le Name: Doa Pa~e'f of 3 Revision: ~ermit Application No. D. Project Personnel: Agent: Address 1' 00 Phone Number:. FAX Number:. E-Mail: A~omey: Name: Address Phone Number:. ( ) - FAX Numt:en ( ) - E-Mail: Engineer: ', Name: Address Phone Numbe¢. ( ) - FAX Numben( ) E-Mail: Surveyor: Name: Address Phone Numben( ) - FAX Humbert ( ) E-Mail: I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER I AM THE LEGAL ~EPRESEi"~TATP,/E OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS ~I~O~THAT~¥,LL THE INFORMATION, MAPS, DATA ANDJOR SKETCHES PROVIDED IN THIS APPLiCATiON ARE APPLICAON, ~ ~IGNAT~- ~ DATE SWORN TO AND SUBSCRIBED BEFORE ME BY , PRINTED NAME OF NOTARY -- Form CD-200'1 I Approved: 08727/97' Revision: I FTte Name: Dc~ . Permit Application Ne. The following is required for all ¢omprehen'sive plan amendments, zoning amendment (~n¢luding rezoning), site plans, conditional use perrnit~ special use perTnit~ varfance~ exceptions, and appeals. ' THE LEGAL REPRESENTA~VE 0¢ THE OWNER OF THE PROPER'fY DESCRIBED WHICH IS THE I/~/VE, THE OWNER(S) ,, SUBJECT OF THIS AP,°LJCATIQN, HERE3Y AUTHOR~ SACH AND ~ERY MEMB~ OF THE BOARD/COMMISSION OF THE O1~ QF SEBAS~N (~HE "BQARD"¢COMMISSION~ TO PHYSICA~Y ENTER UPON THE PROPER~ AN0 ~ TH~ PRQPER~ IN CONNECTION W~ ~/OUR PENDING APPLICATION. I~E HEREBY WAIVE ANY OBJECTION OR DEFENSE I~E ~Y HAVE, DUE TO ~E QUASI-JUDICIAL NATURE QF ~E PROCeeDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VI~ING THE PROP~, INCLUDING ANY O~IM OR ASSERTION THAT MY/OUR PROCSDU~L OR SUBSTAN~VE DUE PROCESS RIGHTS UNDER THE FLORIDA CONS~ON OR ~E UNITED STATES CONS~QN WER~ VIO~T~D BY SUCH ENTERING OR VI~ING. THIS W~/ER A~ C(~.,NSENT I~..~,BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR Sworn to and subscribed before me by who is personally known to ~ as identification, this / Notary's Signature Pdnted Name of Notary Commission No./Expiration Seal: Form CD-2OO'f A~r~ved: O$/2T/gT ~ Revi~ion: pa~e~3 of 3 I Developrnen: Application I FTle Name: Doe m Growth Management Department Rezoning Application - Staff Report Project Name: Shalhoub Medical Requested Action: Rezoning from RMH-8 (County) to CR Project Location a. Address: 13100 U.S. Highway 1 b. Legal: See Survey c. Indian River County Parcel Number: 30-38-36-00004-0010-00018.0 Project Owner: Dr. Hadi Shalhoub 1516 Wyn Cove Drive Vero Beach, Florida 32963 (772) 562-7495 Project Agent: Laufen Inc. 1800 W. Hibiscus Blvd, # 128 Melbourne, Flodda 32901 (321) 726-8206 fax: (321) 725-9-t.97 9 ~,1 7 Project Engineer: Soyka Engineering & Associates, Inc. 114 Sixth Avenue, Suite 3 Indialantic, Florida 32903 (321) 952-7200 Project Surveyor: Project Description a. Narrative of proposed action: Dr. Hadi Shalhoub recently submitted a letter of request concerning potential annexation of lot 18, Jeans Unit, Indian River Twin Estates, which is located at 7465 132"d Street. Physically, the property is located to the east of U.S. 1 across from the St. Sebastian Catholic Church, immediately north of the Sebastian Heart Center. On February 21, 2002, Dr. Shalhoub obtained site plan approval for a 1,925 SF medical facility for lot 19 located immediately east of the subject property. The property is very long and narrow and triangular in shape. Due to lot characteristics, Dr. Shalhoub was very limited in designing his proposed medical~ center. Realizing this, he decided to buy lot 18, which was recently annexed, ~¢' , ~, ~ 1 = North: East: South: West: provide ample area for a second medical building, along with associated parking, and other required site improvements. Adding lot 18 will provide Dr. Shalhoub with the ability to design a more efficient, and logical site plan. Furthermore, the City Council approved the annexation of said parcel during a regularly scheduled City Council meeting held February 1'2, 2003. Current Zoning: Adjacent Properties M-1 (County) CHrr~nt L~nd Futt~r~ L~nd C/I (County) Vacant C/I (County) RMH-8 (IRC) Mobile Homes M-2 (County) CR Dr. Zaidi Medical RMU PS St. Sebastian Catholic INS Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency a. Future Land Use: b. Level of Service .75 acres Vacant Jupiter (1) Cleared Zone X Indian River County Utilities Indian River County Utilities Main Street Park- 1 mile Indian River Fire - ~ mile Sebastian Police- 1 mile RMU (proposed) Potable Water: Per Indian River County Utilities, the applicant will be required to connect to county utilities, as they are currently available. Therefore, this creates a positive impact by reducing the number of future potable wells. 2 10. 11, 12. 13. 14. 15. 16. 17. (3) Wastewater: Per Indian River County Utilities, the applicant will be required to connect to county utilities, as they are currently available. Therefore, this creates a positive impact by reducing the number of future septic systems. (4) Stormwater: The level of service standard is the same for all development; therefore, no greater impact is expected by the proposed rezoning. (5) Recreation: No change or negative impact to recreational facilities expected due to inconsequential size of the property. (6) Solid Waste: There will be an increased demand on solid waste as the property is currently vacant. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Existing site is a small vacant residential property, with a proposed change to CR for the expansion of a proposed medical office. Land Use Compatibility: The adjacent properties to the north and south are designated Commercial, with the south being Commercial Riverfront (CR), and currently occupied with an existing medical facility, and the property to the north is vacant commercial. The proposed land use amendment for conversion to Riverfront Mixed Use (RMU) will permit commercial zoning and use of the property consistent with neighboring properties within the U.S. Highway 1 corridor. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: Provided - public utilities (water, wastewater) are available within the immediate area. Natural Environment: No change or impact to natural environment anticipated with this request. Economic Effect: The property Was recently annexed within the corporate limits of the City of Sebastian. Although minimal, an additional .75 acres of commercially zoned land will permit for an expansion of the commercial tax base within the community. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to commercial property and availability of sufficient public facilities and access. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most likel~ 3 18. 19. 20, 21, be better served by municipal services. The current use of the property is for residential mobile homes. Due to location,, commercial uses are most practical for the subject property, and the proposed change to mixed-use is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. Analysis: Dr. Hadi Shalhoub recently sUbmitted a letter of request concerning potential annexation of lot 18, Jeans Unit, Indian River Twin Estates, which is located at 7465 132"'~ Street. Physically, the property is located to the east of U.S. 1 across from the St. Sebastian Catholic Church, immediately north of the Sebastian Heart Center. On February 21, 2002, Dr. Shalhoub obtained site plan approval for a 1,925 SF medical facility for lot 19 located immediately east of the subject property. The property is very long and narrow and triangular in shape. Due to lot characteristics, Dr. Shalhoub was very limited in designing his proposed medical center. Realizing this, he decided to buy lot 18, which was recently annexed, to provide ample area for a second medical building, along with associated parking, and other required site improvements. Adding lot 18 will provide Dr. Shalhoub with the ability to design a more efficient, and logical site plan. Furthermore, the City Council approved the annexation of said parcel during a regularly scheduled City Council meeting held February 12, 2003. Conclusion: The requested rezoning from RMH-8 (County) to CR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. Recommendation: Staff recommends approval of the requested rezoning. PR'EISAI~L~I~ BY DAT~ ' 4 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION~ ............................................................................ ~ MAY 1, 2003 Chairman Smith called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED: VC Barrett Mr. Mahoney Mr. Faille Ms. Monier Mr. Svatik Mr. AIIocco : Mr. Blessing (a) Mr. Carroll (a) ALSO PRESENT: Tracy Hass, Growth Management Director Jan King, Growth Management Manager Rich Stringer, City Attorney Susan Lorusso, Secretary ANNOUNCEMENTS: Chmn Smith announced that Mr. Svatik is excused and Mr. Carroll will be voting. APPROVAL OF MINUTES: 4/17/03 MOTION by Barrett/Carroll "1 make a motion to accept the minutes of 4/17/03." A voice vote was taken. 7-0 minutes approved. OLD BUSINESS: None NEW BUSINESS: A. Public Hearing - Recommendation to City Council - Comprehensive Plan Land Use Amendment/Rezoning - Shalhoub Medical Center- Lot 18, Jeans Unit - Indian River Twin Estates PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MAY 1, 2003 Chmn Smith opened the public hearing at 7:03 p.m. and swore in Mr. Hass. As there was no representation from the applicant Mr. Hass gave a history of the site and presented the proposal utilizing maps detailing U.S. Highway 1 and the site. After Dr. Shalhoub obtained site plan approval for his medical facility he obtained the parcel of land to the east of his site, which is not in the city. Dr. Shalhoub was interested in annexing the property and have it rezoned to Commercial Riverfront (CR). Currently the parcel in the county is zoned RMH, Residential Mobile Homes up to eight (8) units per acre. City Council has already heard the request on the annexation. Behind the parcel of land proposed for annexation is a residential area, which the county has reviewed and not raised any objections. The residents also had no objections. Staff recommends the Planning and Zoning Commission recommend the City Council to approval the land use amendment and rezone for this application. Chmn Smith closed the public hearing at 7:07 p.m. Mr. Mahoney asked if the on-site septic and well were going to be used or connect to county utilities and Mr. Hass said county utilities have expressed to him that permits are not to be issued until they enter into a development agreement or Dr. Shalhoub connects to water and sewer. There were no further comments or questions from the board. MOTION by Barrett/Monier "1 make a motion we recommend to City Council that the Comprehensive Plan Land Use Amendment changed from M1 County to RMU be approved." Roll Call: Mr. Faille yes Mr. AIIocco yes Chmn Smith yes Mr. Mahoney yes VC Barrett yes Ms. Monier yes Mr. Carroll(a) yes The vote was 7-0..Motion carried. MOTION by BarrettJMonier "1 make a motion we recommend to City Council that the Re-zoning for the Shalhoub Medical Center at Lot 18, Jeans Unit be changed from RMH-8 [County] to CR." Roll Call: Mr. Faille yes Chmn Smith yes Mr. Mahoney yes VC Barrett yes Ms. Monier yes Mr. Carroll(a) yes Mr. AIIocco yes The vote was 7-0. Motion carried. CHAIRMAN MATTERS: NONE 2 HONE. OF PEUCAN ISLAND City of Sebastian, Florida Subject: Amending City Code Chapter 30, Article II Licensing Sections 30-50 and 30-31 regarding Agenda No. ~)3, l 0 5 Department Origin: Finance ~ Date Submitted: May 1, 2003 For Agenda of.' May 14, 2003 Exhibits: · Ordinance 0-03-08 Amending Chapter 30, Article II Licensing, Sections 30-50 and 30-51. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A N/A SUMMARY Section 205.0535 (4) specifically provides the ability for municipalities and counties to, every other year, to increase by ordinance the rates of local occupational license taxes by up to 5 percent. The increase, however, may not be enacted by less than a majority plus one vote of the governing body. The increases included in the attached Ordinance 0-03-08 reflect a 1.0456% increase. This figure was used to round out the numbers instead of have very odd amounts. The occupational license tax, besides providing for the regulation of businesses within the community, should cover the cost of issuance. With a five percent increase every other year, the tax just barely meets the cost of issuance, therefore it is necessary to provide for the increase. The current cost of issuance is the labor rate of the employees issuing the licenses as well as the regulation and enforcement of the businesses within the community. The current cost of business licensing, regulation and enforcement is approximately $73,000 per year. Current collections are $71,758. With the anticipated increase in costs next yem', it is necessary to provide the appropriate increase in the fees associated with those costs. It is also necessary to take this action now in advance of the statutorially required mailing date of August 1, 2003 for renewal notices to be sent out with the appropriate fee. RECOMMENDED ACTION Move to approve Ordinance 0-03-08 and set a public hearing for June 11, 2003 and authorize the advertisement of same.. ORDINANCE NO.O-03-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING, SECTIONS 30-50 AND 30-51; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 30, Article II Licensing of the Code of Ordinances for the City of Sebastian constitutes Occupational Licensing; and WHEREAS, Section 205.0535 (4) authorizes each municipality the authority to increase, by ordinance, the rates of occupational license taxes by up to five percent every other year; and WHEREAS, the last rate adjustment was adopted on April 25, 2001. NOW, TI-IEREFORE, BE IT ORDAI2N-ED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Chapter 30, Article II. Sections 30-50 and 30-51, Licensing of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 30-50. Fee for businesses not specifically included in schedule. Every business, fixed or temporarily engaged in by any person, whether in a building or tent, or anywhere within the city not specifically designated in the article, shall pay a fee of cr.~ ,~ $66 00 Sec. 30-51. Fee schedule. The schedule for license fees charged in the city shall be as follows: Licensed Activity AMUSEMENT/ENTERTAINMENT Bars or restaurants with entertainment for patrons Dance hall or ballroom (with council approval) Entertainment establishment or facility (permanent) Arcade operators, in addition to coin operated machine fee Billiards, pool in addition to coin operated machine fee GOlf course Golf driving range Motion picture theater Museum Sightseeing vehicles, per vehicle and Transportation for hire (taxi, limo, boat) Revised Annual Fee Annual Fee 31.50 ~Q t'lN KQ Nth ~'1 NN t~'l NFl 66.0G 66.0G 66.012 33.012 66.0G 66.0G 66.0G 66.012 66.012 66.0~ Charter boat for fishing, diving, sightseeing, parasailing, water- taxi or similar watercraft activities or riding devices, other than coin- operated (per vehicle) Rinks, skating COIN-OPERATED MACHINES: Coin-operated machines, non-laundry, per unit Any person or firm who leases or rents or places under any kind of arrangement, and coin-operated machine, except checking lockers, toilet locks and U.S. stamp machines, shall pay a fee for each machine Coin-operated machines, laundry, per unit Laundromat, self-service FINANCIAL INSTITUTIONS Banks Credit association/union (firm or corporation) Credit card company Loan company, broker, person, firm or corporation Savings & loans association Each ATM not located on main premises ?OOD SERVICE ACTIVITIES: Delicatessen: Merchant Delicatessen, as part of another business such as a grocery store, etc Restaurants, must provide license from the division of hotels and restaurants, department of business and professional regulation No seats (take out, deli, catering) Catering services Snack bars and fast food services which maintain no seats Mobile truck (food vendor) Seating (in addition to the above fees): Seating one to 15 Seating 16 to 40 Seating 41 to 60 Seating 61 to 120 Seating 121 and over iAS STATION: All gas stations, including those offering repairs and ~ther accessory uses; does not include convenience stores Service station, gasoline Per pump HOSPITAL: Hospitals, sanitarium or nursing homes, adult congregate care facilities INSURANCE: Companies writing any class of insurance upon any person or property residing or located within the city limits or risks occuning within the city limits Insurance or bonding agent Insurance or bonding company Insurance salesperson Insurance adjuster 2 31.5C 10.50 31.59 63.00 6~.00 6g.O0 31.5C 62.9C 63.0C 10.50 21.00 31.50 42.00 52.50 63.00 21.00 94.59 33.00 110.00 11.OC 33.00 66.00 66.00 66.00 66.00 66.00 33.00 66.00 66.0C 66.0C 66.0C 66.0C 66.0(] 66.0(] 66.00 11.00 22.00 33.00 44.00 55.00 66.00 22.00 99.00 66.00 66.00 66.00 66.0C MANUFACTURING/PROCESSING: All manufacturing or processing business to include: Aircraft kit Boat builder Custom t-shirts Factories Manufacturing, (manufacturing, producing, processing assembly of apparel and accessories, chemical and allied products, metals, glass, plastics, electronics, shell novelties and other manufacturing) Tire and recapping service NEWSPAPER OR MAGAZINE PUBLISHERS: News bureau (representing newspapers published outside of the city) Daily publication Newspaper (four or more published per week) Periodical publication Newspaper (weekly, biweekly or monthly) RENTALS: Commercial property rental (mall, shopping center or any other property owner renting or leasing space to five or more commercial tenants, including booth tenants on a single parcel), per rental unit Apartment rental Each individual rental Storage and warehouse, public Each additional unit Office rentals Each additional unit Timeshare per unit Boardinghouses, hotels, motels, lodging house, guest house/bed and breakfast Plus, per unit after first, per room Campground or mobile home park or trailer camp Each rental unit within the park Tourist camps or courts Each guest room (per unit) Trailer camps, RV parks Per space Motor driven rental items (including mopeds, jet skis, tools) Vehicles for hire (rent-a-car, courtesy car etc.) Aircraft Boat rental Trailer, U-Haul Non-motor driven rental items (including bicycles) Equipment rental RETAIL, MAIL ORDER OR WHOLESALE SALES: Aircraft sales Appliances: stoves, refrigerators, dishwashers, dryers, air- conditioners, heating, etc., dealers or agents and service Art shops, supplies, lessons 31.50 3'.15 31.50 3.15 31.50 31.50 5.25 5.25 5.25 31.50 63 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.0C 33.0C 3.3C 33.0C 3.3C 33.0C 3.3C 33.0C 33~0C 3.3C 66.0C 5.5C 66.0C 5.5C 66.0C 5.5C 66.0C 66.0¢ 66.0C 33.0C 66.0C 66.0C 66.0¢ 66.0£ 66.0C 66.0C 66.0C Automobiles: New/used vehicles, agency/dealer, each location Service station, does not include mechanic service Repair shop, per station Automobile parking lot (parking space rental) Auto parts, and accessories Bait, live Bakeries, retail or wholesale Boat sales Book agents or canvassers (taking orders or selling books or magazines) resident Boot, shoe repair and strine shop Bottled water sales distributor Building materials or supply dealer Business machines: Cash registers, typewriter, etc., sales, rentals and service only. Not to include office supplies Ceramic shop Check cashing stores Fireworks, wholesale or retail Florist Furniture dealer Gas distributors: bottled Grocery store Gunsmith: Repair and sales when in connection with another business with police department approval Jewelry shop Lumberyard Mail order business, each person, company or firm, etc Marine supplies Merchants, itinerant Mobile home sales Monument & tombstones (dealer or agent for) Mower, dealer, rental and/or sales Newsstand Nursery (u'ees, plant, stmtbbery, etc.) Office supplies and/or office furniture (with business supplies sold as adjunct to Security: Security & guard service, electronic surveillance, alarm systems, etc Photo finishing Photographers Satellite systems/sales or service Seafood dealers: Wholesale Retail Both Secondhand dealers (to buy or sell secondhand merchandise, clothing, furniture, etc.) 4 63.00 63.0C ~"2 th{~ 62.9C 63.00 63.0£ 63.00 .50 thF 31.5C 31.5C 66.0G 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00[ 66.00[ 66.00 66.0C 66.013 66.013 66.013 66.00 66.00 66.00 66.00 66.00 66.00 66.0C 66.0C 66.0C 66.0C 66.0C 66.0C 66.0C 66.0~2 66.013 66.013 66.013 66.013 66.00 33.00 66.00 33.00 33.00 66.00 66.00 Selling (when not specifically covered herein) persons selling magazines, bibles, encyclopedias, and other publications shall pay fee) Sign shop Television/VCR/stereo, etc. sales and repairs Video sales and rentals Water sales and dispenser rental Window treatment sales and installation ]ERVICES: Financial consultant Laboratories dental, chemical, etc Massage Therapist Private investigator Private/Charter school Real estate appraiser Real estate broker Real estate salesperson Schools (such as dancing, business or commercial, beauty or barber, music, physical education, tiding, driving, telegraph, etc.) Auditors Bondsmen Directory, city (to engage in compiling city directory), required to furnish all copies required by the city Professionals (attorneys, architects, dentist, opticians, computer programmers, certified public accountants, electrologists, engineers, naturopaths, oculists, chiropractors, osteopaths, physician, electrotherapists, veterinarians, and any other State of Florida licensed professionals) by firm and per professional Property management Surveyor Well driller General service provider not listed in above, per business Accounting/bookkeeping/auditing firm or person, certified or non-certified Advertising: Agents or agencies writing advertisements for profit Aircraft, flying schools or flight lessons Aircraft service Animal boarding, grooming or training Answering service Artists Astronomers, where fee is charged Auto vehicle wrecker service Auto body shop Auto repair shop Window tinting Bicycle repair Blueprinting, photostat, map survey Boat canvas sale/repair 5 62.0C ~ ,qt" ~"l th/~ 62 62.00 31.50 31.5C 63.0¢ 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.0C 66.0C 66.0C 66.0¢ 66.0¢ 66.0C 33.013 66.0G 66.013 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.OO 66.00 66.00 66.00 66.00 66.00 33.00 66.00 66.00 Brass & copper refinishing Business advisor or consultant Business Office Cabinet, carpenter, upholstery shop Carpet and upholstery cleaners Child care, nurseries, preschool, day care centers Claim and collection agencies Computer services/sales Contractor: General building Street paving House moving & wrecking Subcontractor: Including but not limited to carpentry, painting, roofing, sheet metal, electrical, concrete construction, masonry, plastering, lathing, clearing, grading, etc Copy service Custom framing Decorator, interior Drafting service Dressmaking shop/tailors Employment agency Delivery/Express companies Exterminator, termite & pests Fence sales and installation Funeral home (including undertaking and embalming) Glass, plate: Installation Golf club sales and repair Handyman Hauling contractor: Per vehicle Health center Home nursing/dally living care (not professional) House and condo sitting Hypnotist: Therapeutic or other than therapeutic Janitor commercial/residential cleaning service Jewelry repair Land development Lawn Maintenance/Landscaping: Except contractors, architects, engineers or florists paying a city license tax as such Laundries, dry cleaners (with plant in city, pickup station with plant in city, pickup with plant out of city, or pickup service with plant out of city) Locksmith or key smith, each Machine shop andTor welder Maid service Mobile home set-up Mobile truck: Auto repair Car/mobile home washing 6 62.0C 63.00 62 63.00 66.00 66.00 66.00 66.00 66.0£ 66.0£ 66.0C 66.0C 66.0C 66.012 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.0(2 66.0(2 66.012 66.0C 66.0C 66.0C 66.0C 66.012 66.0G 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 Equipment repairs Mower, repair only Pressure cleaning Printing, job printing Printing, job printing agent (not otherwise licensed) Reducing salon Sanding and finishing of floors Secretarial/Typing service Security systems/alarms sales and installation Septic tank cleaners Sewing machine/vacuum cleaner: Dealers and/or agents & service Sign painters Solicitors and canvassers, per year Sprinkler systems, selling and/or installing Stenographer, public and court reporter Stocks & bonds, broker/firm or office Stocks & bonds, per agent or salesperson Taxidermist Telegraph systems and companies Tree surgery Water, bottled Window cleaning Pawnbroker Formneteller, astrologers, astrologists, clairvoyant, mind reader, etc Barbershop, beauty shop, manicurist shop, cosmetologist shop: The business owner Each non-employee licensed barber Each non-employee licensed beautician Each non-employee licensed manicurist Each non-employee licensed cosmetologist Each chair/station TRANSPORTATION (EXCLUDING TAXICABS AND PEDICABS) Airlines, railroad companies Truck lines: Receiving and/or delivery, freight or express Vehicles, including bus service and ambulance service Ambulance service (not voluntary) Bus company Handicap transport ITILITY/COMMUNICATIONS Telephone, gas, cable television, solid waste pickup, telegraph and similar utilities Cable television company Electric light and power company Gas companies: Natural and bottled gas Telephone systems and companies Television cable systems and companies 7 63.00 63.00 1S3.75 31.50 ~3.9~ 157.50 94.50 94.~ 47.25 47.2 66.012 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.013 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 192.50 192.50 33.00 33.00 33.012 33.012 33.013 3.312 66.0G 66.012 165.012 99.0~ 66.0C 99.0C 49.5C 66.0C 99.0£ 49.5C 49.5C Water and sewer Radio stations maintaining business office within city NON-CLASSIFIED (not otherwise mentioned) 31.50 94.50 53 33.00 99.00 66.00 Section 2. herewith repealed. CONFLICT. All ordinances or parts of ordinances in conflict are Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. 2003. EFFECTIVE DATE. This Ordinance shall take effect October 1, The foregoing Ordinance was moved for adoption by · Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Council Member Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk. Councilmember James Hill Councilmember Nathan McCollum The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of June, 2003. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Rich Stringer, City Attomey HO~, O~ PEUCA~ ISLAND City of Sebastian, Florida Subject: Resolution No. R-03-22 Amending and Establishing Building Permit Fees Appf~for Su~ttal~y~ager ...... Agenda No. 0,~, / 0 ~ Department Origin: Finance ~ Building Department Date Submitted: May 6, 2003 For Agenda of: May 14, 2003 Exhibits: · Resolution R-03-22 Amending and Establishing various Building Permit Fees pursuant to City Code Section 26-35, Chapter 26, Article II Building Code. · Copy of Resolution R-01-01 Amending and Establishing Building Permit Fees EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY On September 27, 1985, the City Council adopted Ordinance O-85-21, which established, at the time, a comprehensive list of building permit fees. On February 14, 2001, Ordinance O-01-02 was adopted allowing for the adoption of building permit fees via resolution. On February 14, 2001, the same schedule of building permit fees was adopted via Resolution R-01-01 with the addition of a water hookup fee and a change in the cost of re-inspections. At the time, the permit fees were sufficient for the cost associated with the services provided, however, there was some lag occurring. At that time, it was reported that if the market for construction continued, that a more comprehensive analysis of the building permit fees would be performed. Since that time, the building market has increased significantly and an additional inspector was added to at least provide the same level of service with no appreciable lag in the time to issue permits, etc. Since that time the cost of providing the services of the building department has continued to lag behind the revenues associated with the issuance of building permits and the services attended to those permits. With this in mind, an analysis was made to determine what the inflation rate has been with respect to 1985 to date and what the impact has been on the level of service being provided with the current rates established in 1985. The inflation rate over the eighteen-year period is 52.24% or 1.5224. Looking at the inflation rate as a measure of costs over the same period of the Building department and the services provided, the cost of services has risen over 45%. Therefore, the fees have been increased to keep pace with the inflation rate. Additional services such as, plans examination add to the cost justifying the need of the increase to at least keep up with inflation. In addition, we have revised the schedule to make it a bit shorter and added some new permitting functions that the building department is already doing without having a specific fee for those items. Also, this resolution provides for a penalty clause for failure to obtain a permit and a valuation clause to ensure the proper valuations of the construction It should be noted that a review of these fees will occur at lease every two years to maintain with the pace of inflation. RECOMMENDED ACTION Move to adopt Resolution R-03-22. RESOLUTION NO. R-03-22 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING VARIOUS BUILDING PERMIT FEES PURSUANT TO CITY CODE SECTION 26-35 CHAPTER 26 ARTICLE II BUILDING CODE; PROVIDING FOR PENALTIES; PROVIDING FOR PLAN-CHECKING FEES; PROVIDING FOR VALUATION CERTIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 26, Article II, Section 26-35 Application for Building Permit; fees, provides for the adoption of building permit fees by resolution; and WHEREAS, the last comprehensive update of the building permit fees occurred on September 27, 1985 via ordinance O-85-21; and WHEREAS, an analysis of the inflation rate over the past eighteen years reveals that the inflation index for the period was 1.5224 or a 52.2% change; and WHEREAS, the costs associated with the department that administers the fees, as well as the cost of City services to that department has exceeded the revenue received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. AMENDING AND ESTABLISHING CITY OF SEBASTIAN BUILDING CODE PERMIT APPLICATION FEES SCHEDULE: The City Council of the City of Sebastian, hereby establishes the following fees for Building Code permit applications pursuant to City Code Section 26-35 Chapter 26 Article II Building Code: Building permit: Building Permit: Total Valuation Fee $1,000.00 and less Xlo fee unless an inspection is required then $22.50 fee for each inspection shall be charged. $1,000.00 to $50,000.00 $22.50 for the first $1,000.00 in valuation plus $11.50 for each additional thousand or fraction thereof including $50,000. ~50,000.00 to $I00,000.00 $586.00 for the first $50,000 in valuation plus $8.50 for each additional thousand or fraction thereof including $ I00,000. ~ 100,000.00 to $500,000.00 I~1,011.00 for the first $100,000.00 plus $5.50 for each additional :housand or fraction thereof including $500,000.00 $500,000.00 and up ~.3,200.00 for the first $500,000.00 plus $2.50 for each additional I thousand or fraction thereof. Additional permits: Additional Building Fees: Description Rate Conditions Plan Review Fee Minumum Fee Maximum Fee Plumbing ~.5~o of Permit Fee $45.00 Mechanical 4.5% of Permit Fee $45.00 iElectrical 4.5% of Permit Fee $45.00 Water Service $25.00 $25.00 Connection Fee Hose Bibs $9.00 $9.00 Sewer $45.00 $45.00 Roofing $0.18 per square foot $45.00 Sas t;45.00 plus $2.00 per Yes $50.00 appliance Fire Sprinkler ~100.00 plus $1.00 1st Floor Yes $130.00 ~er head Fire Sprinkler $135.00 plus $2.00 2n~ or more Floors Yes $160.00 >er head Fire Alarms $50 per panel plus Yes $65.00 Commemial) $2.00 per station Non Electrical Signs $45.00 Per Unit $45.00 Electrical Signs $90.00 Per Unit $90.00 Security Alarms $45.00 Per Unit $45.00 Pools/Spas $180.00 Yes $180.00 ,Screened Enclosures $50.00 Per Enclosure $50.00 Fences $0.25 per linear foot $22.50 $45.00 Other permits: Other Fees: Description Rate Conditions Plan Review Fee Minumum Fee Maximum Fee Plan Checking Fees 10 % of Permit Fee No $75.00 Moving Fee $50.00 No $50.00 Demolition Fee $50.00 No $50.00 Razing Fee $50.00 No $50.00 Re-roof I & 2 Family ~60.00 Flat Fee No $60.00 Commercial Re-roof $60.00 plus $0.18 per Yes $75.00 square foot Driveway $50.00 ~qo $50.00 Electrical Service $45.00 No $45.00 Change temporary Electrical $35.00 No $35.00 gervice Pole ;35.00 for first three No $35.00 Reinpsection Fees g50.00 for each No ~dditional reinspect SECTION 2. Penalties. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before applying for the necessary permits shall be subject to a penalty of one hundred percent (100%) of the usual permit fee in addition to the required permit fees. The payment of such penalty shall not relieve any person(s) from complying with the requirement of the Code of Ordinances or this resolution in the execution of the work from any other penalties of the Code of Ordinances. SECTION 3. Plan-checking fees. When the valuation of the proposed construction exceeds one thousand dollars ($1,000.00) and a plan is required to be submitted under the Florida Building Code or Chapter 26, Article II of the Code of Ordinances, a plan-checking fee shall be paid to the building department at the time of submitting plans and specifications for checking. Said plan-checking fee shall be equal to ten percent (10%) of the building fee set forth herein, unless otherwise stated in the tables above. Such plan-checking fee shall be in addition to the building permit fee. SECTION 2. Valuation. Permittee's certification or the latest publication of"Southern Building," Building Valuation Data, as published annually by SBCCI shall determine values for construction SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 5. This Resolution shall take effect on July 1, 2003. The foregoing Resolution was moved for adoption by Council Member Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum The Mayor thereupon declared this Resolution duly passed and adopted this day of May, 2003. CITY OF SEBASTIAN, FLORK)A By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Rich Stringer, City Attorney