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HomeMy WebLinkAbout12152008ISBA Joint WorkshopJOINT WORKSHOP INDIAN RIVER COUNTY CITY OF SEBASTIAN CITY OF VERO BEACH CITY OF FELLSMERE TOWN OF INDIAN RIVER SHORES TOWN OF ORCHID AGENDA MONDAY, DECEMBER 15, 2008 - 5:00 P.M. SEBASTIAN CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA RE: INTERLOCAL SERVICE BOUNDARY AGREEMENT (ISBA) CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ISBA REVIEW PRESENTATION -City Manager, AI Minner 5. PRESENTATION OF UNRESOLVED ISSUES A. SEBASTIAN 1. Point to Point Contiguity 2. New Town Location 3. Other Urban Services B. VERO BEACH 1. Comments C. FELLSMERE 1. Comments D. INDIAN RIVER SHORES 1. Reserve the Right to Comment if Needed E. ORCHID 1. Comments F. INDIAN RIVER COUNTY 1. Point to Point Contiguity 2. Section 10(f) and Exhibit F 6. PUBLIC INPUT 7. ELECTED OFFICIAL DISCUSSION ON CONSENSUS FOR DIRECTION TO ISBA WORKING GROUP 8. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. aye Aired Live ar7 Cc~rrrcast Chat~artet 25 Ur?c~` s~~~ff.l ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING 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 A T 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING N ~ N N ~ N ~ ~ ~ ~ N N ~ ~ N n N ~~n ~ O00~~000~ N f~Oi~OOQOOD 0000x0 O~ M~Mt~ NOOO,,, ~ O -p lA N In .- \ ~ M s ~ f~ W m ~ O) .- ~ L f6 Uma~mmma~a~~ fn N N N V1 ~N .N I fl- > > > > > > > ': T C 7 O U U` +I ~~ ~ 1 W , ^^ W U . ~ ~ V J U L o ~ ~ ~ ~ ~ ~ o m o~ ~ N N ~p Q ~ N Q N N ~ N ~ N Q-' N C ~ O C ~ O C X _ ~ ~ C X ~ C N ~ C U Q 7 C ~ L U Q ~ ~ c c a~ o m m CD o0 w ~ 0 0 ~ ~ c~ (~ ao~o Q ~~ ~~ Q C ~ O .~ ~ C X ~ ~ N ~ C ~ ~ C c U Q o ~ ~ ~ a~ c ~ axi t t ~ c ~ ~ c U Q ~ ~ a~ a> > > a~ m E E c c ~ ~ m m a ®~~~ m a~ Q a~ Z >. ~ a ~ m c ~ O ~ U m ~ o Q t C i a® ~, . , ~. APPLICATION FOR VOLUNTARY ANNEXATION THw Ar~aLicaTION, to be tiled with the Deparhnent, shall be oxnplete and ail required dowmenis attached. Fees shall be pall at the 6me of submittal. The Applicant will be notified of the Pubf~ Hearing dates to be scheduled before the City Counal. The City and Applicant shall adhere to the Florida Statutes Chapter 171, Part I regarding annexation procedures. NAME OF APPLICANT: ADDRESS: PHONE' _ FAX: EMAIL• _._-. _ _ ADD.t~ESiS QF PRQPERTY TQ $~ A{VNEXE.D: ~ _ - ...... __. LEGAL.DESCRIPTION OF P_ROPEttTY TO BE ANNEXlrD: • SECTl9N:.... .. ... TflWNSHlP: RANGE:... . - . ..... _ _.. SCIIElDIVlSION:.......• ..... ... BLOCK: LOTIPARCEL: ... .. : .... PLAT BOOKIPAGE: TOTAL ACREAGE: DIMENSIONS; RRESEM~T'COIJN;Y7ANING'C!.>11SS1FICATION: ~ . ~.. ......_ :. .. . PitESEN'1' COUNTY FUTUI~ic LAN[l USE CLASSIFICATION: RE4UESTEDZOMNG CLASSIFICATION; REQUESTED FUTURE LAND USE CLASSIFICATION; RE UIRED EXHtBiTS/ UESTIONS: ` ....•. A.' ChecktorApplkationiees: D jmaet Fee Schedule) 8. S Deposit for Professional Services Escrow fees. All adual fees are required to be paid by the appticanL (Jnsert lfApplfcableJ (Only to ba paid t time for combined appiicatlons.) C. A County Property Appraiser's map showing the exact property and location. D. A copy of the most recent recorded Warranty Deed. E A Certlfled Survey prepared within one (1) year before the date of Application of the subject property with legal .descrlptian.and..acreage. Electronicveralon.qf,Su~r~y,agdlegaldescr,Iptlon,l~Iegu(.r~.,... , F. Notarizedstatement s ~ from ail ro ~ " ' (} p party owners iisEed ori~the v~iarr'aaty deed who are'authbrizing s6meone other than themselves to ad on their behalf as the appiir:ant. G. Certlflcate of Title from an Attorney or Title Insurance Company (0 and !: Report) prepared within six (6} months before date of Application. H. Certificate of Good' Standing for corporatellimited liability companylpartnen~h(p• owner; copy of Articles of incorporation for Corporation/copy of Artic[es of Organization for LLClcopy of Partnership Agreement for Partnerahiplcopy of document creating other ent[fies. I. >: there a Aerr(s~mortpage(s) against the property? Yes No if yes, please sttach a letter of autharizatten from all the IlenhoWers. 1 Desu~e the exlstlnfl use of the property K l'~aedbe the hitssded use of the property. itaa~il+MwOart nad pepef . r+~t:tclettotePOrtvottitltr~Y~mtPxA~lolt _p~ f.d?- EXHI81?!'B' ~r~m+,.~aawa ~+iwB,ru~oua.ar~ :~ ICon~wedrrbm Page 1.) The undersigned understands that this Application must be complete and accurate prior to advertising a public hearing. The undersigned further understands that this Application may be required to be reviewed by the Urban Services Advisory Committee created by Interlocal Agreement between Indian River County and ail muntdpalifies within the County before it is presented to the City Council. STATE OF COUNTY OF - . . I, being first duly swum, dep~e and say that i am the owner of ttie subject property, or if a mrporaflonAimited >rabigiy company/partnership, I am the officedmanaging member/general partner authorized to sign this App>iCa6on. 1 am the legal representative of the owner of the subject property of this Application. (If the property is not owned or owned onlyin-part-by-the-app(lcant~a-notarized.lettecmust-acxoty~the.Applk;ation_gnrx~g written-consent-by.ali_properiy.owners.ot the subjec#.propetty unless. the applicant is the.Attomey. for the owner) ALL THE.ANSWERS TO THE QUESTIONS IN THIS APPLICATION AND ALL SURVEYS, SKETCHH5 AND DATA ATTACHED TQ AND 61ADE A:.PART OF 7H1S APRL.tCATiQN. ARE TRUE AIy.Q CQi~iI,CT 70 TFEE BE$]' 0~ MY, ~OWI,EDGE ACID. el=uEF: Dated: STATE OF _ _ ,~ Courvrr OF , tApp+kanrs Stll ~~ (~'~1 The- foregoing Instrument was acknowledged before me ibis day of _ 20 by who [ j is personaNy known to me or [. j has produced a .as identification. jN o f a ry See !j Notary Pubfic -. Commission No Prfnled Name: My Comrntasion Expires: FOR CITY OF USE ONLY: CITY OF _ _..: .. ANNEXATION•NUMBER: ~ . -...: .._~_. .. , :...:. - -....~ ........,..: .. FEES PAID: RECS;iPT NUMBER: PZILPA MEETING DATE/ACTtON: CITY CouNCIL I~EETtNGIAcnoN: SIGNATURE OF PERSON ACCEPTING APPLICATION: DATE' Tray trot tlotutramr~alli~trA9att -Rape?:d2- EXHIB~ B' 4~rWOM V7orCrld~~f/pr,lppC,~Jp, ~iljfldbdrEt m-IddRdae EXHIBIT C Rules of Procedure for the Urban Services Advisory Committee 1) Creation of an Urban Services Advisory Committee a} The Urban Services Advisory Committee ("USAC"} is created pursuant to Section 4 of the Interlocal Agreement Among- All- Local, General-Purpose Governments in Indian River County, Under the Authority of Chapter 171 Part II Florida Statutes, Relating to Annexations, Land Use Changes; and the Urban Service Boundary (the "Interlocal Agreement") 2) Membership a) Membership to the Interlocal Agreement shall be comprised of Indian River County, the City of Vero Beach, the City of Sebastian, the City of Fellsmere, the Town of Indian River Shores, and the Town of Orchid (the "Parties"). b) -The Parties to the Interlocal Agreement shall be represented on the USAC c} The USAC shall be composed of an elected official of each Party or an alternate appointed by the governing body of each Party. d) Each Party, at its annual organizational meeting, shall designate an elected official to serve on the USAC. Each Party shall also designate an alternate to serve on the USAC when the elected official appointed by the governing body is unavailable. 3) USAC Chair a) The Chair to the USAC shall be the County Representative. b) The Chair, who after consultation with County staff, shall be responsible for calling the meetings, providing all notices and the taking of minutes, and ensuring that required reports are written. c) The Chair is responsible for ensuring order and decorum during the USAC meeting. 4} Quorum a) At anytime a quonrm fails to exist, the Chair shall cancel and postpone the USAC meeting. b) No telephonic attendance shall be permitted due to the importance of graphic and detailed information. c} A majority of those members present and voting shall be necessary to carry any action: 5) Place a) All meetings of the USAC shall beheld in the Indian River County. Commission Chambers, County Administration Building, .1801 27th Street, Vero Beach, Florida, 32960. 6) Time of Meeting a) The Chair shall set a reasonable time for each USAC meeting. EXHIBIT C 7) Rules of Debate a) Presiding oj~cer may debate. The Chair may debate and move for any motion and shall not be deprived of any of the rights and privileges of a USAC member by reason of acting as presiding officer. b) Getting the floor. Any USAC member desiring to speak shall address the chair and upon recognition by the presiding officer, shall be confined to the questions under debate. c) Introduction before committee. All substantive matters requiring action by the USAC shall be introduced by motion and supported by a second. If the substantive matter being voted on relates to the issuance of a report as required by the Interlocal Agreement, and no motion receives a second, or no motion receives a majority of the USAC members approval, then the official report of the USAC shall consist of any reports written by the individual members of the USAC. Where the USAC committee makes an official recommendation based upon a majority vote of the members present and constituting a quorum, any member not in agreement with the majority may author a minority report. d) Interruptions. Any USAC member who has the- floor shall not be interrupted unless it is to preserve order or to ask for an explanation. If a USAC member is called to order, speaking shall cease until the question of order is determined. e) Privilege of closing debate. The Chair shall have the privilege of speaking last. f) Motion to reconsider. A motion to reconsider an action taken by the USAC may be made only during the meeting at which such action was taken. Such motion must be made by one on the prevailing side, but may be seconded by any member. This section shall not preclude any item on which USAC action has already been taken from being placed on a subsequent agenda. 8) Addressing the USAC a) Any person who desires to address the USAC may be recognized by the Chair, and when recognized shall step to the microphone, give his name and address, and then give his remarks, limiting his remarks to three minutes unless additional time is granted by the Chair. All persons who address USAC must be sworn in under oath. 9) Silence constitutes affirmative vote a) Unless a member of the USAC states he is abstaining, his silence shall be recorded as an affirmative vote. 10) Required Reports a) If a USAC report is required as a result of the Interlocal Agreement, -that report shall be written by the County based on direction from a majority of the USAC. That report shall be submitted to the applicable jurisdictions based omthe Interlocal Agreement. 11) Right of USAC Members to File Dissent EXHIBIT C a) USAC members who do not agree with a majority of the Committee may elect to file "minority" reports. Individual USAC members or their representatives shall be responsible for producing the minority reports. ~, ~~~~~ ~ (u~nu~~~~u~ °~a~~ ~~ ~Amurrut~ °lo ~ ~ ra~,~ ~~u ~i~~s ~~~ ~~r~u~~n~~~~~ ~~x~u~p~s~ ~~~u~-Y~~ri •~~~ ~~i~p~o.~ ~o~~~~~o~ ~af~~u as x~~ uo~~ ~~~ot ~~ ~s~~u pug ~~.. ~~x ,~~ °~~~ ~ ~un~u~u ~ . ~~ pa~xtutr ~x Ix~~~`~ ~ ~x~ ~~~ ~ ~~~~~~~ a~a~~~ ~s~~~ ~~ ~~ ~~ ~a~~~~ ~ss~u~~n ~~r~.~nput} s~~ ~~~~ur,~o~d~u •~ ~~~~r~~~~~ ~u~~~u~ `~~~~s u~~ am~~~ i ~~ ~dt~~o ~a s~~~~ ~ `~~i~~~~~~ ~~~ut~tu~ua~ pug ~~a~ `~uo~~~~ ~~~~od~~~~;~ `~~oo~~s ~u~p~~ux ~~s~ ~ a~~~~Y pray ~~x~T~~~~~ ~xY~nd Fit ~~~rn~~ ~~~~~. ~~us~.ma~ ~ ~~~~~u~ ~r~o~~~. `std ~~,o pug xa~ripu~ `a~~~i~~~ . uo~~~arip~ `sa~~~u~o~ ~~uau~da~~~~~ pug ~~,~~as~x ;~u~~nj~u~ ~uau~~o~d~u~ ap~naxd ~~ ~~~a~ ~,~o ,t ~s ~~'~ p~~~rr~~~ •su~~a~q a~,~s ~~~~r~d ~~a pug ~ua~~odr~~ sa~ju~~ux ~~ s~~ ~~ ~~ ~xu~~ ~~~a~d ~ ~~~ ~~? ~,. ~~,~ ~~~~ .ash ~~~~ •~ ~ o~~x ~~~~a~~u~ ~~ ~~u~ ~~~~d ~~u~~ua~da~ ~~u~~~i~~~' '~~~~~ ~~ ~o ~~ pure ~u~~~ ~ ~~~~ ~~~~ ~ ~~~ x~~ ~a~~uxs~p s~r:~ ~~~ •~~ ~~ l~u~a~~~d ~~~u~do~~~~~ u~ s~~i~~~~ ~~ ~ot~~~.o~d ~u~~~~,~,~~ ss~~p~~ o~ .~~p~a ux sus ~~ ~~~ s~r.~pun~q ~~~ad ~~~ ~u~~~~a~ o~ ~~~~tq~~~ a s~~ras~~ ~~x ~, ~~~,o~ ~~~~~~~o xo~u~ xo : ~~r~~~ar~ ~~~~~~~~ u~ ~~ suox~~a~~a~u~ a~~u~ ~o ~~~ ~~ ~anrr~~~ ~~ZS~ ~~~~~~ std ~o ~op~~~~ a,~n,~ ~ ~~~~ a~~u~~ua ~~x~n ~ ~,~ ~u~~~~o~ •~ ~a~ ~. ~ ~T. ~u~u~do~~~~p ~~~ s~urx~pi~-~ ~q~ ~s~~~~ ~~uap~~a~ ~ua~~fp x s~~~d p sa~~~s ~~xsna~ u~ s~axa~~ ~u~pY~o~d ~~~~ s~s~r x.p~ ~t~~~ ~ x~~ uix~~ ~a~~~~ ~~t~u~~o~~u~~ r, ar~~aa~ o~ ~~~~~u~ sx ~~1 ~,~ '~poo~~o~t~~xau ~~xu~-~~~uxs u~~s~~a ~~~ a~~rx ~o~~d~ u~s~a~ ~~a~a~~a ~pi~~~d ~ ~~~tot~~ ~u~~t~~~ ~~~,a~ux ~~ ~~~~t ~~ ~~~u~ ~r~ ~~~ s~~~~ ~~~,~ uo~sx~gns s~u~~~~~ ~~sq~ ~~~ ~o ~ux~~~~d a~~~s-a~,~~ ~ `~XX~u~~~~~~~ ~~~~ ~n~~~n~r~sr~a~ ~o~ ~~~~~~ ~ ~~ ~~s~~o~n~ ~~x~~ ~~~~ ~~r~~~r~~~x a~~~ ,~~ ~~~~~ ~ s~ ~~sn pu~~ u~a~~o~d~~~~ ~u~aauo~ ~uaxsx~~a~d ~~ ~nYSU~~~~u~a ~~ ~u~~~~~~,~ u~~ ~~~u~~~~d ~~a~ s~~ ~~~q~ ~ ~ .~a~u~ ~u~u~ ~~ ~~ ~rara~~a '~ ~~xq~~~ s~ ~r ~xa~ ~~ s~~x~~z~~ ~~~ ~q. Pa~~n ~~ XX? ~~d~ ~~~~v ~u~~udo~a~,~p a~~~ `u~t~s~q ,~~ sou a~~~u~ ~~ ss~ ~~, ~~~~rr~~~ ~~~~' aa~~ q~~ ~~~ ~a a~xs~t~~o ~a~~~~~ ~~a~ ~,~~~ ~o~~~x~u s~~ ~ ~c~t~r~~ ~~ s~ ~~'d~~ ~~,r~ u~~Z~ pa~u~~~ x~~~~~ ~'~~, ~a.~ ~utuuie~c~ PaPu~~~ ~?~~q~S cc~a~ ~L~~I~~~ `~~~ ~~ ~~ spa, ~,~~p~sa~ ~~r~s~a ~~~ ~~~~ta s~ ~Ian~ s~ ~a~o~ ~~~~uaa ~ o~ spa ~~t~uap~saa a~~ ~uaa~ ~~~ ~~ ~~~ ~~~ ~a~u~~du~~a ~~~~ a u~ u~~~~~.~a~u~ ~,ca~xu~~s o; ~u~x~a~uo~ p~a~i ~~ ~[~ ~a~~~~p r;~~a~ •sasn ~~~uap~sa~ ~q papun~~,~m sash ~u~~~~a~a ~~ra~acr~~~~u~a o a~~a ~~uaa ~ x~ `~punog .~~x~ aa~a u~~~ a ~a~.~oq pads 3 ~~ uv~~ ~da~~ `~~pa ~a~~~xad pa~~~~ ~ a~~~ ~~n~~ ~~ a~~ 'ur.~o~ •~,~aa ~ut~r~pa~d~go~ ~ ~x p~~o~~a suaz~~~ ~~a ~ ~~ ~ '~ s~uap~a~ o~ ~a~ uot~~~a~r~ ~~axu~~u~~ pug a~~o~p~ s~xns~ua ~~au~a~tn~~~ ~~,~ •pa~~~o~ ~t ~~ u~ ~ax~ ~~a a ~ as~~~~~~ ~~ p~u~d ~~a~ ~~f~~u pvr~~xa pug ;~a~ ~~fn~u a~ r~ar~~a~uaa ~~~t~~n ~~~~ ~~s ~. a~~ '~~ ~a~~~ xa~~ o~r~~ u~i~~,~~a~u~ ~~ •s~sn ~~uap~s~~ o~ s~an~ uox~ta~o~~a~~ ~~~~ p~~~u~ta ~~~~ ~~~~a~ a~~q ar~~ a~~q~ ~ai~xs~ra~ ,~o ~a~su~ ~ ~~~ s~a~~~.~d ap~a~ ~~ pa~~x~q~~~a a~ ~~ a~s~s ~ •n~ ~~~~~ 4 ~ ~ta~ auxj#~~o~ ~unu~~~~u~ pas~~~~r~~ ~~ ~~~ ~~~~ ~~un ~ ~ ~~ ~u ~o ~~xsr~~p ~ ~~ pan~~~ ~q ~Sn~u ~~x~~~~~nu~ `~u~sna~ a~~p~~~~~~~v~ ~xo~ ~o~ i~u~~ ~a-~~au~ p~~a~a~saa-paap xo~ ~ada~a~ap ~q o~ ~~x~~r,~a ~ux~~a~u ~xo~,. •~~~ '~,~a~ ,rid ~~~ ~ ~~ ~~~~~ ~~a~u~o~~~~p ~~~.~~~nu~ ~a~ ~~~suap ~~~ ~~~ ~~~ ~a~~~ x~~ s~xr~ ~~t~ ~,unu~x~ k ~ ~~ ~~ ~uad~~a~a~ ~~x~~a~~u~~ ~o~ ~~~su~~ as~~ a~,~ •x ;~~~n~a~ ~ s~aa ~~~ ~a~~~sua~ •~ ~sa~~~~~~~~ pug sp~od ~ua~~~~ ~a~~~u~~~~~ a~n~~u~ ~~u~ ~~~ ~s~a~~ p~~~ ~~~~r~~ uax~r~~~~~ ~n~au~ Marx .~~~'~~ a~c~s uaa ~~~~ `~~~~ua~~la ~~~~ c~ad~ sib. ~~ asac~d ~o~ ~~~~ ~s~a~ r~o~~~~s~ra~ ~a~pu~ ~a~d~a~~ss~~ ~~~~is ~~ ~, ~a~ ~~ ~~~~~ sad ~~u ;~a~~ ua~~~~~~~a~~a~ ~~~~~ ~IoS~ um~u~u~r~ an~~ ~s~~cu s~a~a~d uisno~ ~~~~~~u~ •x~ #~~ uo~~~as~a~ ~o~pu~ ~-a~~s~~~ ~~~a~,~~u~~ act ~sr~u~ ~atr~~, ~~ ~~~ ' ssa~ ~u ~aa~d~ ua~~o~~~a~a~~ ~n~a~ °~v0~ u~nu~~u~u~ a~~q ~r~ s~aax~d ~~xu,~~r~~r~~I .j :sash u~r~~nn aa~d uad~ pa~~~ba~ •an ~u~~~~aa ~~a~u~aju~~ ~o~ ~r~~~rda~a~ap ~apu~ p~ pia ~or~a s~a~~ ~~x~~~~sa~ ~v ~~~a~dd ~~~~~ `~ a~~ ~o~ a~~~ ~~~~po~d~ga f ~ ~~ ~ua~u~a~~~ap a~n~~a a~ ~ ~~nu~~~ ~~~a ~~~u~pisa~ ~~~~~-a~ ~ ,~o ~~~~~a~a ~ua~~~~ ~o~ ~u~~ ~n pa~~~~~~~ a~ ~~na~. sash ~~uap~a~ ~~uo~ p ~~~anpa~~-~o~ ~~~x •~~a~a~~~a~ ~~x~r~a~~a~-~ai~ pug ~~~d, ~~a~ ~~ u~~ ~~~ a~ s~ a~u a~ tux s~ua~~ur~r~~ ~~~s~~~ ;~~Cl ~'~ ~a ~r~~au~~, ~~a.~ ~~1~1 t~~~~,~~ ~~oZ ~s~~~ ~n a~ ~srr~u `uai~~~ad~ ~~.~~jttar~~~ , s~pnjau~ ~at~ ~ ~~~~~x~ua~~ ua~~ ~~u~is~~ •n, #~~ ~~~ ~~ ~Io~ i ~~ ~unr~~~u~ ~ ~aa~~u~i ~~ ~~~ ~u~~~a~ ~~~u~~~~u~ ~~~ I •~~ra~~a~ ~,puno~ ~~~n~~ v~j~a~u~ ~~~~v r~~«~~~~d ~~~u~~ ~ ~n~ ~~ra~p~aav~ ~~ u~~~put~ ~~ ~~u~ ~'d~ ~~ ~rxq~x ~~a~u~oi~~~p `~~X~1.~~0 y «~a~~ P~u~~ a~ ~~ umxuiu~ ~ s~ p~~~~h~x ~~~~~ ~~~ ~ ~u~~ vs ~u~r~~v~~~.~p xv,~ ~~~u~~ ~io~ ~~„ ~~t~r-o ~v~ ~~~~ ~~t~~~n :.~ ~~a~ ~~~~a~ ~~ ~~~~~~C a~i~~u~a~~' 'i~ •sr~o~~~o ~a~~~~o~su~~ ~po~u~~~~~a,~v u~~~~u~o~~ '~ Fin ~~~~~p~~~~~ou pug ~x~~~~~~~ ~~~~,~~~~ ~~x~~t~d a o undo ~a p~~~ur~ ~ ~~~~ ' ~~~~~~ pig p~~,~~po~r ~a p~~ ~~ ~~~~~ ~~auuoa~~u~ ~o ~x~~~~u ~` ~~ ;~pxn~~d ~j~~s ~~ s~~dr~~~~ u~~~~ ~o~r~~aq~~~ u~~~~~ uodn ~s~~ ~~~ ~r~s s~~ ~t~ua~p~s~~ ~ ~aP'~£) sa~u~n~ali'~ u~aZ ~,a~l~L~~.~IQlsa~~~ ~au~a~ur ~~~xo,d~ua,~~s~ni~as ~j~~a'~Iq[fjs~ui~~a~ p~ s~uau~n~aQl~~ x~u t~i~uap~sa~ ~utpr~t~u~ `~~~un ~txu,~-~~tnu~ pug ~~~u~-~~u~~ ~o~ ~~ ~~~~ap~~a~ r I ~~~n pu~~ pa~~nba~ +~ ~~S~iunu~u~o~ ~~t~ua~~~,~ paz~~~uau u~ ~~a~~~u u~~ ~a~~~~ unno~ tt~~s at~~u~~~n ~ u~ ~~na,~ ~~ sass pu~~ ~o ~u~ ~a~o~d ~ a~u u~~ ~a~ x~~u assn pu~~ ~~ Fu~o~, n~~~ ~~~ ~pu~~ ~~~~ ~a.~~ ~~~n~ a~~ ut~~~n~ ~uap~sa~ ~o~ uox~~~.~~ ~u~~ua~uo~ ~ ~a~, a~ a~~ ~a~u~ ~si~ pug s~uap~~a~ u~o~, ~~ ~o~ ~o~~~~~.~~~~ a~~~bap~ s~~nsua ~u~~ua~inbax ~~~~, ~pa~~~o~ ~ u.oZ .~~ ~ ~~~~ u~ ~a~~ ~~~ ar~~ a~an~x~ o~ p~td poi ~o ~~~u pua~~~ pug `sp~~.~ ~a f~u~ o~ uox~~auuo~ a~dx~~r~~u ~~~~ o~ paau sun~o~ a~ pi.~ ~~~a~s aa~~u a~~ o~u~~ u~~~~a~a~~I ~~ ' S6~I .~~ ~~a s~ax~ ~xp~t~~ ~o~ s~~~ ~ dad ~~u~. I ~o a~a~ gad ~~un 1 paaaxa you ~~~~ S~-I ,~o ~s~a~ spa. utpu ~uo.~~ pa~~a~r.~ ~~~~u~~ ~~~oadd~ ~u~.o~ ~.au ~ ,~o ~ ~ ~~~.~ ~u~~cr~~~a~a~ ~o p~dd~~~~ aq ~t~~s pug pau~~ap ~q p~no~s s~~.~ ~ux~a ~~~~~ ~~t~~~ u~~~~ ~~ ~p~s~na pa~~~~~ ~. pug u~~~, ~a~ ar~~ ~~ ~ua~~Cp~ ~o~ ~x~ ~~~~ s~~x~ uot~~as~~d ~~xn~~na~~~~ ~a ua~~~~uoa quo. ~u~ ~~~~~ ~uau~do~~.~ap ~o,~ ~a~~s ~~~~a~a~ a~ ~~u~ suo~, ~a~ (gQZ) s;q~ig ;uaLUdo~anaQ ~o .~a~su~.~,I, •£ ;soIj~~ s~ pa~xu~~X ~ ~~s ~~fa~d u.o~ ,au,~o ~aq~unu a~~, ~~a, pa~~u~~sap ~-~ u~ ux~~Y~n pa~~~o~ aq ~t~~s ~~~~ u~~,iaaa~ ~~~sr~apuau~do~a~ap ~~~fa~~ unh~~ ~n~u o~ aaqu~~~ ~u~ u~I~~ao-~ ~~ '~uauitta~~ra t~~~a~~~~ ~o,~ ~aa,I S I r~td `saxrt~~ t~~~uap~a~-u~u ~o~ ~~~~ ~ ~ pug saa~~~~~s t~x~~ap~sa~ ~a~ ~a~~ ~ o~ pa~~u~~i ~~ tt~~s ~~~~a~ ~~ 'a~~~ u~ ~iun ~ :pu~~ p~~~u~sap u~Z ~a~o ~~xr~~~ o~ u~nu~~~ ~~ '~~~~ s~.on~~u~~ ~~0`~b ~S~-7,~0 ~~ az~~ uzn~utu~ ~~~a~ n.on~~~uo~ ~~~` ~ ~ ~~~~ ~~ ~~a a~~ ~~uxu~ ~~ ~~zr~n ~~~~uaprsa.~ 0~~`~ ~~o~~ o~ ~~~~~su~~~ ~~~~. ~a~u~nu ~ `su~s~ad ~~~`S ~no~~ s~ ~o~ ,eau ~~~u~ ~ ~o~ ~o~~~nd~d ~n~-~~~n~ ~ur~~u~u~. ~ '~a~~ ~~~q~u~a~~ ~u~~~~~n~ s~ ~~~, ~ `~~~n~~~~ ~~~~~~ur~uo~ ~o Ia~a~ pug ~ot~:~tndod uo~ ~u at~~ui~~n~ ~ a~a~~ a~ ~a ~ua~~~~,In ~ ~a~I~ tt~~s ua~ ~nau ~o~ saau~~tt~ ~~~~a pug `~~~u~~ `~~zs ~~Z un~o~, ~~. u~ s~~a~ua.~Yn~~~ ~Q~~a~ ~u~ `i~ua~ ~a~i ~I ~~~iq~~ ~ ~0~'~~7 sa~u~.~noii~d u~o,~ ~nai~ltiL~.'T41sa~~~ ~au~a~uY ~.~~~du~a,~~s~c~~~~a Z~aa~l~[~js~ux~aa~ pug s~r~awn~o~l~~ u~nu~iuiu~ ~ sa~xnba~ ~~uno~ a~~ `~sp,~ a~~~i~d ~uipnj~ui~ aa~d~ undo ,~o a.d~~ ~~~ ~o,~ :a~o~ ~~u~~ua~xnba~ ~~~d~ uado a ~o ~~~~ ~ aaaxa o~ you} a~paq~a~~ . ~~~a i~~n~~ pa~~a~~-~~ `~pu~i~a~ ~~pu~idn~ s~~x~ i~~n~~u pug ~ro~~~~aca~uoa ~~a~~ u~~~~a.~~a.~ pug ~.~~d ~u~a~~sanba `a~n~~~d `do~a} ~a~~ i~~in~~~~~ ~pn~~u~ ~~~z ~n~ `uo~~~nxa~uoa u~ ~~~a~ ~~. ~~~ ~n~~u~ you ii~~i pug s~a~~ p,~~~ ~~~~~~d i~uo~~uanuoa a~niau~ ~~u ~i~~i ands ~ ua~~~ fans `~u~~u~~i~nba~ aa~d~ uado uou~u~oa °l~0 ~ ~~~~ ~o ~aodxnd ~o,~ •~~. ~oX~~n~auo ~~~i a~~ ~~ non~~uoa a~ s~~i~ ii~~i aoiq a~~d u~da~~ao~uaa~ a~~ ~~.~ `~a~~ a~~ ~aauuoa o~ ua~~~ aq ~ p~no~~ ~~~~~d~u~ `~a, u~~~~~au~a u~~s~~~a a~d~~~nu~ ~~i~ ~~~u~o~ ~ ~ax~~ uo~ ,~~ ~ ,~~ F~a, uo~~~~~auoa a~~ ~~i ~~~puno~ snon~l~o~ ~ a~~~ ii~~s ~~oiq aa~ds uado~~a~au~~~ad ~ia~uaa~~ pa~~nba~ a~~ ua~~ `uo~~~u~~sap asp. ~u~i a~~ua~~~d~uoa ~~ ~o ~uau~as~a ~~nou~~ ~a~~~a uo~~~~~aso ~~ p~l~~~uap~ pu~i ~~i~ ~punaq ~ sa.~~~~ uo~, n~~ p~sodo~d ~ ~I ~p~ ,~o ~~~~oi~ sr~o~~uo~ a~,~~ ~ ~~ ~u~o~ ~ u~ aq ~~~'~ ~o ~~~~u~~~~ ~~au~~~d ~ uoi~aun~ i~~~i~ pug ~a~~~puno~ ~aafo.~d u~~~u ~uoi~ pa~~o~ ~q, ~i~~i ~a. aa~ds undo uor~uo~ pa~~nba~ ~r~~ur a~~ ~o ~uaa~ad ~oL~ ~~nanas ~~ai ~~ F~a~~ a~~ ,~o a~~~~u i~.m~ a~~ ~ua~uaid~uoa ~~~ sa~r~ ,i~u~~s ~o~ ~a~n `~puod ~ua~ua~u~u ~~~~n~tuo~s ~a~ pain `~asad.~nd ~~uo.~~~a~aa~ ~o~ pain `a~od~nd i~~rt~in~t.~~~ .~o~ .pain `~~a.~ i~.~r~~r~ ~ paut~~a~ aq ii~~s ~a. aa~d uad~ •aa~d undo uouzuroa s~ papi~o.~d ~o pa~~a~a~ a~ ii'~s ~ax~ u.o~, a~ a~t~u~ a~~ ~o ~uaa.~ad ~~~~ ~~~,~ ~s~ai ~~ a~~d r~ad~ •g •.~~u~uoaa s ~~~ tau a~~ u~~~n o~ ~~~u~t~~~ ~o~~u„ ~.u~~npo~d~~o~ ~ ,~o ~uaurdoia~ap a~n~ua o~ pug ~~~un~uaa ~~~o i~i~uap~s~~ o~a~,~~ap ~ ~~ uox~~a~a ~ua~a~d o~ ~uo~~ do p~do~~~~p a~ pino~~ a~n ~~i~uapisa~ ~uou pug ~u~~npo~d~~oC j~x~xu~ ~~~~~ ii~u~p~~~-uou pug sa~~id ~~o ~u~doia~ap ~o ~uxu~i~ a~~ o~ ~~ ~~o~dd~ ~u..o~ .au ,~~ au~~~ a~~ ~~ ap~~u aq ~~nu~ ~~u~~u~YU~~a ;~n pu~~ o ~u~u~iZ •~ •~a,~~ pa~~u~~ap u.o~ .au ,~~ % ~ ~~ai ~~ .... ~aa~~~o `~~au~sn~ `i~~s~.pui~ s~a~~ ~ua~u~a~d~r~ ~ ~ •~~ac~ pa~~ut~p uo~ ~u ~o {~un~uix~,u} ~I~S £ - ~~unu~iui~u} °~~ ~ ~ ~ ~ ~ . spa, ~u~u~do~a~.ap ~~i~u~p~a~ • •~a~~ pa~~uxsap u,~o~ .eau ~o °I~ paa~~a o~ you ... ~uox~~~s ~~~~od~~~~ `a~ .~x~ux ~o s~snd~u~a ~~ts~a~~un ~u~pn~~~~ `~oo~~s} ~t~~j~~~~ ai~gnd 'Z s~x~~ ~~~~u~pta~ 000` i gad ~~~~ ~ ~ o~ ~ , ~ ~ . ~~~~~o `i~ta.~a~u~uo • ~ x~~u asr~ p~ ~o~ ~p.pu~~ ' ~ ;~~~, i~~n~i~~~~~~ pug aa~d ~~do ~~~~.~~~ •ai~~i~~ uoY~~aa~~~ a~.~~a~ pug a~~~s~d .~ ~n ~~uoi~~a~a~~ • ~ •dx~~o~~o aa~id pug `ax~x~ra~~ ~~~unu~.uoa pug ~~~n~jna ~`suo~~~~ aa~iod~a~~~ `s~ao~as ~u~pniau~ asn j~uo~~n~i~ui pug sa~~~~xa~~ ~~t~n~ •~ •s~~ac~~t~pui pa~~ia~ pug ~asn i~~n~inaix~ `u~~~~o~ pug ~uau~a~u~~u aa•~noa~ `~~~a~~npui `i~uo~~~anpa `aa~,~~a : ~uipn~~u~ `~~~p~sa~ ua,~ ~~~ ~o,~ ~ua~u~o~dura apx~o~ ~~~~ ~a~~ ~~o, ~~~~ ~u~ddo~ '~ •sas~ar~~~nq ~a~o .~o u~~~~ ~ ~a~'~~~ sa~u~n~oii~' U~no,~ nna~L~I'Tp1s~i~d ~ar~.a~ul ~~~od~ua,~ls~ui~~aS I~ao~l~if~s~uz~~~S pug s~uar~~a~~;~ •~~o~~~Ina,~ ~~uno~ ~~ pau~a~ ~~ s~~un ~~~~no~ a~o~~o ~o~pu~ alq~p~o~,~~ a~ II~~I~ ~Iun ~uisno ~~o~ a _ ~I ,~o °l~~ ~ ~s~a~ ~~ ~o~ nna~ ~~ u~ pa~o~du~a s,~a~~o. a~~ .~o~ ro;~ n~a~ a~. ~x~~ alq~I~~.~ ~~c~sno~ si a~a~~ ~~~~ a~nsua o~ p~~Inba~ a~ II~~I ~u~sno~ a~~~~~~o~~al ~ ~o ~ ~o ~~o~~~~.o~ ~~~~~.o~ aax°aoaiq~~.~o~~~ '$ •~a~~r~~ un~o~ a~~ ~t u~~~~~ ~aa~~~uo pug `~aa~~ ~aax~ `~~j~,apxs a~I •~a~u~o ~~~u~ol~~a `s~a~uaa I~~~2uoo `~~~d `sax~~b aljgn~ o~ pa~Iu~I~ ~.q tau ~~r-q ap~.Iaui o~ p~u~ap. axe ~ ~a~uaa ~oZ 's~a~ua~ u.o~ pro~~ s~~~nl~ ui ~uar~dola~a~ I~~~uap~sax sa~I~u~x~ ~~~~ ~no~~~ ap~~o~d ~~~~ ~~ua~ua~o~~u~ u~t~~~a~~d p~~ ~aol~ p~~xs ,~Ia~~~~do~dd~ ~~ ~;,~~~un~uo~ alq~ ~. ~~ » ~ ~sa~n x~uapisa~-~or~ pug I~~~uap~~~~ a~~~~a~~I p sa~~a~ ~~ ~ua~~~s ~~~dI~apls rz~I.~sapa~ pa~auuoo~a~~x u~ • 'allgn~ ar~~ o~ uado pug ~a~~~un a~~ ~~~~ r~~a~~d px~ pa~~ipo~u ~o pl~~ ~ uI ~aa~~s pa~~auuoa~a~~u~ o ~o.~au r .~ ~ ~ ~xollo.~ a~~ a~Ir~~a~ ~~~~ sp.~p~~ ap~~.o~~ II~~I aldl~ul~~ ~~~sap ~aa~o~~ •pa~Inba~ aq II~~I `~ `S ~ ~a~Io~ ~f~~~ ,~~unoa u~ ~aux~~~oa ao~~ s~ fans `aldlaux.~d ~~~~ ~u~sa~ pao:~~ogr~~a~ I~r~o~~~p~~~, ~~a~ua~ ~~afo~d aq~ ~~~o~~ un~ I~or~~ ,~~~p~a~ ~o~~ ~sa~n I~x~~~uu~o~ p I~~~~~~t~a~ ~o uo~~~~~uaau~~ a~~ ~o~ pa~s~jq~~a a~ ~I~~I~ xa~uaa ~oafo~d ~ ~sla~,~ a~a~a~ aI uo ~a~~u~xsap ~a~~ « ~n -ou ~I. ~ ~~ xo~pu~ ~~~~~ ~n~I~~~~~~ `~~ax~ I~an~~~ ~o ~s1~ro~ ~~u~ pug apa ~~~a~ur~ad a~~ ~~rol~ papz~.o~d aq ~~~~~ ~ta~uaa~~ ~~i~~u~~ ~ •~a~ua~ ~ u~ apa ~a~az~ad ~ a~~~ Il~rs uo~ eau a~~ u~a~o~ •~ ~W~ ~ ~-'~ u~ aa~d ado °I~OS ~~~ I -~ ~~ a~~d uado ~~~~~ Exhibit F It is the purpose of this exhibit to outline certain conditions and restrictions to be placed on the properties generally known as Fellsmere Joint Ventures (FJV) and Ro-Ed Corporation (Ro-Ed). Together these properties constitute approximately 21,000 acres located within the City of Fellsmere as well as the Urban Service Area (USA) of the City and County respectively. FJV Bernard A. Egan Groves, Inc. Fellsmere East, LLC (now known as Fellsmere Estates, LLC) Fellsmere Joint Venture, LLP • Densi :Density shall be limited to a maximum of two (2) dwelling units per acre, calculated over the gross acreage of the properties. • Height: Height shall be limited to a maximum of 35 feet for residential structures and 65 feet for non-residential structures plus 15 feet for architectural embellishments. • Agricultural Preservation: o FJV shall be allowed to continue all existing agricultural operations and practices. o FJV shall agree to maintain a minimum of 40% of the Annexation Properties for Agricultural uses for a period of 10 years from the Effective Date of the Annexation Agreement unless citrus production becomes impractical due to any Force Maj eure events or until Owner provides substantive evidence of regional, national, or global market forces compelling conversion to other uses in a faster time frame. o The city agrees to support a continued Greenbelt exemption for ad valorem tax purposes (the so-called "agricultural exemption") for any portion of the Annexation Properties used for agricultural purposes prior to non-agricultural development. • Open Space: The City shall require that FJV effectively maintain a minimum of 50% of the gross Annexation Properties as open space including but not limited to conservation areas; greenways and trails; all public parks greater than one acre, whether passive or recreational; agricultural land; golf courses; all common open space; all drainage/water resource systems, whether conveyance, retention, or detention; upland preserves; and all public institutional property that is donated (not sold); all subj ect to the requirements of the Fellsmere Comprehensive Plan and reasonable discretion of the City Council through amendments to the Land Development Code. Design Standards: Development and design standards shall be promulgated by the City of Fellsmere to ensure that development be of a sustainable nature and shall: o Preserve the heritage and character of the City of Fellsmere; o Encourage the preservation of agricultural opportunities while providing more diverse employment with higher wages; o Protect and enhance the natural environment; o Provide for the means to achieve water quality objectives within the St. Johns river Water Management District; o Increase the quality of life of its citizens; o Manage water resources comprehensively throughout the area; o Provide an interconnected system of native habitat preserves, greenways, parks, and open space; o Promote reduction in automobile trips; o Balance housing with workplaces, jobs, retail and civic uses; o Provide a variety of housing types to support residents of diverse ages, incomes, family sizes, and lifestyles; o Create predictability and efficiency in planning and in the provision and the long term maintenance of infrastructure; o Allocate infrastructure and public service costs in a fair manner to those creating the need; o Encourage the utilization of sustainable "Green" building and neighborhood design and low impact site planning practices. RO-ED Ro-Ed Corp. and Roland M. Ansin (2,592 acres) Ro-Ed Corp. (300 acres) • Densi o Density shall be limited to a maximum of two (2) dwelling units per acre, calculated over the gross acreage of the properties on the Ro-Ed 2,592. o Density shall be limited to a maximum of three (3) dwelling units per acre, calculated over the gross acreage of the properties on the Ro-Ed 300. Height: Height shall be limited to a maximum of 35 feet for residential structures and 65 feet for non-residential structures plus 15 feet for architectural embellishments. • Agricultural Preservation: o RO-ED shall be allowed to continue all existing agricultural operations an practices. o The city agrees to support a continued Greenbelt exemption for ad valorem tax purposes (the so-called "agricultural exemption") for any portion of the Annexation Properties used for agricultural purposes prior to non-agricultural development. • Open Space: The City shall require that RO-ED effectively maintain a minimum of 50% of the gross Annexation Properties as open space including but not limited to conservation areas; greenways and trails; all public parks greater than one acre, whether passive or recreational; agricultural land; golf courses; all common open space; all drainage/water resource systems, whether conveyance, retention, or detention; upland preserves; and all public institutional property that is donated (not sold); all subj ect to the requirements of the Fellsmere Comprehensive Plan and reasonable discretion of the City Council through amendments to the Land Development Code. This requirement does not apply to the Ro-Ed 300 property. • Design Standards: Development and design standards shall be promulgated by the City of Fellsmere to ensure that development be of a sustainable nature and shall: o Preserve the heritage and character of the City of Fellsmere; o Encourage the preservation of agricultural opportunities while providing more diverse employment with higher wages; o Protect and enhance the natural environment; o Provide for the means to achieve water quality objectives within the St. Johns river Water Management District; o Increase the quality of life of its citizens; o Manage water resources comprehensively throughout the area; o Provide an interconnected system of native habitat preserves, greenways, parks, and open space; o Promote reduction in automobile trips; o Balance housing with workplaces, jobs, retail and civic uses; o Provide a variety of housing types to support residents of diverse ages, incomes, family sizes, and lifestyles; o Create predictability and efficiency in planning and in the provision and the long term maintenance of infrastructure; o Allocate infrastructure and public service costs in a fair manner to those creating the need; o Encourage the utilization of sustainable "Green" building and neighborhood design and low impact site planning practices. n xn~terIoeal . regiment Oman AY1 Racal e~eral~I'nr ose av`ern~nents in Indian diver noun U~~er the ~nthori o~ ha ter ~~~ Part ~I Florida statutes ela~iu fo A~nexatinns hand ~Jse lean es and the Urban crvicc l~a~ndarv. This A~greernent is made the date lasfi written below b~ and between Indian liver ~aunt}~, tha pity of Vera ~eachx the pity of Sebastian, the it~r of l~ellsmere, the Town of fndiar~ .fiver shores, and the Town a orchid the "Parties'~~. w~~A, the undersigned Parties wish to protect the gr~ali of life in e entire county ~~ restricting future height and density increases far certain praper~Y now in the nonw urban area without unduly restricting the rights of municipalities to annex land when consistent wig gaud growth n~anagernent practices; and ~~~, the Parties also wish to ensure that larger annexations are canszstent v~th goad growth management practices relating to the prevision of municipal services to the area proposed for annexation and thus fees that it is appropriate and beneficial to create a cornrriittee of appainfied representatives dram the parties to review these proposed annexations; and wH~~A, the Parties have an, interest in ensuxing that development in ~ruxal areas does eat result in urban sprawl, and therefore have are interest in the pattern of develap~nent that occurs regarcuess of whether the land has been annexed ar is still part of the unincorporated area of the county; and w~~i, such land use regulations governing multiple local governments mad be adapted in l~"larida by charter, special act of the legislature, ar agreement of the local go~ernn~ents; and Page l of 1 S 1~;1Ciry aFF~IIx~~rdf~~A - Inl~locpl a~ervi~ An~ndary A~re~ment115~3A ~av~d From ~~51L~'q~ ~-34}d19~'~rac~~d ~~tA~i' 15~A f~icrloca3 S~rvicc ~aundAry A~rt~rnent 10-?3.48Jd~c i w~RIJA, the Parties desire to adopt appropriate gnp~ gro~rth management regulations by agreement rather khan by charter or special act; and wI~~RCA, the Parties are empowered to enter into cooperative agreements by ectior~ i3.DI Florida statutes, the "~'Icrida Interlocal Cooperation Act of ~ ~~~~'; ~ T~~R~~~R.~ in consideration ~~ the mutual covenants and agreements herein contained the parties agree as Follows: ~T~~ Y. Ado~~l,inn off' the ~t~terluca~ ervi~e B~undar~ ~,re a~. IAY~PI~Pi1111iY`II04~Ii11i1hiliYi~.- I~lil-I~IIi A~I~p11141~I~IMh~~ The "'~nterlacal ervrce Boundary Area leap", attached and incorporated herein as l~xhib~t "A"~ ~s hereby adopted as the official guide ~'ar future municipal annexations in Indian River bounty, Ida mun~cipaiity may ara.ne~ property that is outside that rn~nicrpali s s An.nexatian Reserve Area as shown an the rr~ap, ~T~~~ ~~ Ada flan a~'~Urb~n er~ice Area Baunda . The "Urban service Area boundary", a shown on ~hil~it "A", is hereby adapted as the delcation between the area of the unincorporated area of the county whiclx generally is non- urban and that area which is uxhan. T~~~ 3~ ~.~~r, ~n fal rl,~,l~~~,!~~A~~al„rY_nnext%`I~ To provide uniformity for reviewing voluntary annexations, each municipality shall use an anneatian application in substantially the form provided an Eibit 'r~" attached and ~ncQrporated here~nr ~T~~ ~. ~Jrhan erviccs ~dvisa am~nittec. a~ Them is hereby created the "Urban services Advisory omrnittee ~~`UA" or "committee"~," which shall be composed of an elected o~`f ciao of each 1'ar and an alternate appaited by the governing body of each Party, The chair of the UA shall be the ~our~ty . Pageof~5 W:IGiry pfFr~lxrrti~r~1~5~3A • lnterir~al S~rvi~ E~oandary A~rrernentllS~A mflvcrt tram D~Sh'T~A 4.3U-~81~racked Af~,l~ 1` ISBN (~tc~loc~l Srrvicc ~cwndary ALr~es~cnS 1~~3-O~.dac representative, who after consultation with County staff shall be responsible for calling the meetings, providing all notices and the taking of minutes, and ensuring that required reports are written. To constitute a quorum, the representative from the County and at least three (3} other municipalities, one of which must be the Party requesting the action, shall be present. The County and the municipalities shall each have one vote. The USAC shall have the powers and duties as described in ibis agreement. The USAC shall operate under the rules of procedure attached and incorporated herein as Exhibit "C". The USAC may amend the rules of procedure from time to time to accommodate any change in circumstances. b) When any matter is referred to the USAC, it shall review and comment on all issues relevant to the matter and shall issue a report approved by majority vote of the committee and written by the chair or the chair's designee. There may be one or mare minority reports if the minority so chooses. c) The USAC report(s) shall be submitted to all the Parties pursuant to the procedures contained in ibis agreement. d) The cost of USAC report shall be paid by the initiating Party and such cost shall be based on the number of hours spent creating the USAC report at a rate established by the Indian River County Human Resources Department for the median hourly salary of a "Senior Planner" . or its equivalent. Iu no event will such cost exceed $3,000. The median hourly rate of a "Senior i Planner" shall be available upon request. SECTION 5. Notice of Proposed Annexation to be provided to all Parties Any municipality which has received a request for voluntary annexation, or which plans to undertake an involuntary annexation pursuant to provisions of Florida Statutes Clyapter 171, Part I, must provide notice Beni by certified mail, return receipt requested, to all Parties within Page 3 of l S W;VGq of FdlsmcrsVl5BA • Imalxnl Swig Boundary AyrccmrntllSBA moped Gom DES1:TOp A-3LLOBITncled DRAFT ISBA Imerlocd Swicc Boundary Ayreemmr 10.?3-0B doe t ten (IO) days of the receipt of a completed application or at least 10 days before the first reading of an Ordinance for involuntary annexation. Any Party wishing to request a meeting in accordance with subsection 6b) shall do so within 30 days after receipt of the notice. SECTION 6. Annexation of Proyerty within the Urban Service Area a) Unless the provisions of b) or c) apply, a municipality may proceed, after giving the notice required by Section 5, to use the methods provided by Florida Statutes Chapter 171, Part I, to annex land that is included in that municipality's Annexation Reserve Area when such land is wholly within the Urban Service Area. However, pursuant to Section 171.204 Florida Statutes, the Indian River Shores Annexation Reserve Area lying East of the Indian River Lagoon and North of the Town of Orchid, the Northern boundary of the Town of Orchid and its Annexation Reserve Area shall be considered contiguous to the Town of Indian River Shores for annexation purposes. In addition any point-to-point or greater continuity of land located in the Ci of Sebastian Annexation Reserve Area with the boundaries of the Ci of Sebastian shall be considered continuous to the boundaries ol'the City of Sebastian for annexation purposes b) If the property proposed for annexation is greater than 10 acres, but less than 160 acres, any Party may request in writing and within the 30-day notice period, that, before the annexation occurs, there be a meeting among the County, the property owner, any requesting Party, and the annexing Party to discuss and make recommendations regarding the merits of the proposed annexation. This meeting shall be held within 30 days of receipt of the notice requesting such meeting. The issues and recommenda#ions discussed at this meeting shall be reported to the annexing municipality by the requesting Pariy, after which the governing body of the annexing municipality may take whatever action it deems proper concerning the annexation request. rr~~ J I Page 4 of 15 V ~T W;~Cily of FeUymeetUS6A • Inlerlaul Sovici Btuml~ry AgreemanUSRA moved tram DESI:TDh a_3p-0llTrackW DRAFT ISHA Inlcrtoeol Swiee boundary Agrevnmf 10.:3-OB da c) If the property proposed for annexation is 1 b0 acres or larger, no annexation shall occur until the proposal has been reviewed by the USAC. The USAC shall hold a review meeting within 30 days from the date notice, as provided in Section 5, is received by the County. The USAC shall issue a written report(s) within 30 days after its revietiv meeting. Prior to scheduling the first reading of an Annexation Ordinance, the annexing municipality shall first hold an advertised public hearing for the sole purpose of addressing the USAC report{s). The governing body of the annexing municipality sha[I publicly respond to the recommendations of the Committee at such hearing and may then take what action it deems proper concerning the annexation request. SECTION 7. Annexation of Property Outside the Urban Service Area Boundary If the property proposed for annexation is outside the Urban Service Area Boundary and within the municipality's Annexation Reserve Area, no annexation shall occur until the proposal has been reviewed by the USAC in accordance with the procedures in subsection be}, except that when the property to be annexed does not exceed 10 acres in size, any review shall be in accordance with the procedures in subsection 6b}. The above notwithstanding, there is no review at all when the annexed property consists of existing platted lots of record. All annexations shall be in accordance with Florida Statutes Chapter 171, Part I. SECTION 8. Height and Density Change Restrictions for Annexed Property tivithin a Municipality's Annexation Reserve Area and Outside the Urban Service Area Boundary. a} If the Property to be annexed is within a municipality's Annexation Reserve Area, but outside the Urban Service Area Boundary, the property, if annexed after the effective date of Page 5 of i 5 ~ r~ W:4Ciry dFGlunereU58A - Imedocal Service Bamdary AgreemendlSHA moved fiom OFSKTDP ~L76-061Traeked DILAFJ 15BA !n[ertocal Serviu Bwnd~ry Agramrn[ 16.23-08 doc V this agreement, may not thereafter have its height or density limits increased unless otherwise changed as provided in Section 12. b) Notwithstanding the limitations provided for in subsection a), Fellsmere may increase heights and density for property within its Annexation Reserve Area, but outside the Urban Service Area Boundary, if that increase is in accordance with the County's New Town Policy as those policies exist at the date of annexation. If the County amends its New Town Policy after the date of annexation, FeIlsmere may elect to utilize the amended New Town Policies if the amended policy would apply to the annexed property, if that property were still in the unincorporated area. However, no height or density increase shall occur unless the property is developed in full accordance with the County's New Town Policies- c} Notwithstanding the limitations provided for in subsection a), development of that portion of Sebastian's Annexation Reserve Area outside of the Urban Service Area Boundary shall be in accordance with Exhibit "D" attached and incorporated herein. SECTION 9. Changes by the County to the Urban Service Area Boundary and Com rehensive Plan Chan es for Land Outside the Urban Service Area Bounds a) Proposed changes by the County to the County's Urban Service Area Boundary shall first be brought to the USAC for review and comment. The Urban Service Area Boundary shall not be moved unless approved by the procedure in Section 12 of this agreement. Should the Urban Service Area Boundary be moved, the height and/or density for such newly included land shall not thereafter be changed unless approved by the procedure in Section l2 of this agreement. b) Unincorporated land outside the Urban Service Area Boundary may be designated by the County as a County "New Town", and that designation shall not shift or be construed to rl ~ Page 6 of 15 V W:\Ciry MFellwneSfSeA - tmedoul Smiee 9aundary A~eemcmll58A movrd from pESKTOP 4•)0.UB{Trackel pMFT ISBA [merltxa! Servim Boundary ABmcmrnt 10.27-OB.da shift the Urban Service Area Boundary. Land with a County "New Town" designation shall be entitled to develop as permitted by the County's Comprehensive Land Use Plan, but in no event shall such development exceed two (2) units per acre or exceed a height of 35 feet for residential structures and 50 feet for non-residential structures, plus l 5 feet for architectural embellishments, provided no portion of the 15 feet may be used for human occupancy. See Exhibit "E" attached and incorporated herein, far criteria for such County "New Town" designation. c} Except as provided in Subsection 9.b) above, the review provisions of this Subsection c) shall apply to all Future Land Use Map {PLUM} or text amendments by the County to the Comprehensive Plan that increase the height or density for land outside the Urban Service Area Boundary after the effective date of this agreement. The PLUM or text amendment to the Comprehensive Plan shall first be brought to the USAC for review and comment prior to the public hearings to be held by each Party in accordance with Section l2. The report{s) by the USAC shall be presented to the County at an advertised public hearing called for that purpose by fine County. The Board of County Commissioners shall publicly respond to the recommendations at such hearing. Thereafter, subject to any changes to the FLUMs or text that may be made as a result of the USAC report(s) by the County, the amendment(s) must be approved by the procedure in Section 12. The County shall provide the USAC with the complete amendment package, including supporting data and analysis pursuant to Chapter 9J-S, Florida Administrative Code, that would be considered by the County for action at any transmittal or adoption public hearings. SECTION 1Q. Review of Comprehensive Plan Amendmen#s For Annexed Property within the Urban Service Area Boundary. Page 7 of 15 O~ W:~Ciry of FdlsmereUSBA - Imerloeal Servia Daundcry AiceemrntllSBA moved from DESKTOP o-30-0A1Tracked DRAFT 15BA ImerMnl Service poond~ry Agreement !0.27.OB.da a) The review provisions of this Section shall apply to amendments to the Comprehensive Plan of any municipality that changes the Future Land Use Maps (FLUMs) for any area annexed after the effective date of this agreement, within the Urban Service Area Boundary, except as provided for in subsections d) and e) of this Section. b) The review provisions of this Section shall apply also to text amendments to the Comprehensive Plan of any municipality that increase density or height limitations, for any area annexed after the effec#ive date of this agreement, within the Urban Service Area Boundary, except as provided for in subsections d) and e) of this Section. c) The amendment of the Comprehensive Plan shall frst be brought to the USAC. The municipality amending its Comprehensive Plan FLUMs or text shall not hold a transmittal hearing until a subsequent meeting following the meeting at which the USAC written report{s) were presented. The report{s) by the USAC shall be presented to the municipality amending its Comprehensive Plan at an advertised public hearing called for that purpose by the amending municipality. The governing body of the municipality amending its Comprehensive Plan shall publicly respond to the recommendations at such hearing and may then take what action it deems proper concerning the proposed Comprehensive Plan amendment. The USAC written reports} and the local governing body's response to the reports} shall be included in the Comprehensive Plan amendment package to be submitted to DCA and other appropriate reviewing agencies. d) Any amendment to the Comprehensive Plan that provides for a FLUM designation or text amendment for the annexed property that contains the same residential density or a reduction in residential density when compared to the County FLUM designation or text provision either as of the date of annexation or any future County FLUM designation or text provision that would be applicable to the annexed properly, if such property were still in the Page $ of 15 W:1Gry of FdlemereUSBA •latedocai Scoria pounduy AgreemenillSBA moved fmm DESKTOP 9-30.0B~Trae4W DRAFT ISBA Inicrlocd Service Dwrdery Agreemm~ 1427-08.Joc unincorporated area, whichever is least restrictive, shall be exempt from the review provisions of this Section. Likewise, to be exempt, the maximum building height for residential structures shall not exceed that allowed by the County's regulations either as of the date of annexation or as allowed by the County for the annexed property at any future date, if the property were still in the unincorporated area, whichever is higher. This exemption does not apply to a Comprehensive Plan FLUM designation or text amendment for annexed property that changes to a nonresidential use. e) Small scale amendments pursuant to Section 163.3187(1}(c} Florida Statutes that do not increase the height above 35 feet for residential structures and 65 feet for non-residential structures, plus 15 feet for architectural embellishments, provided that no portion of the I S feet may be used for htunan occupancy, or increase the density in excess of two (2) units per acre for annexed properties, which properties are within the Urban Service Area Boundary, are exempt from the review provisions of this Section. f1 Changes to the City of Fellsmere's Comprehensive Plan, Future Land Use Element, initiated after the effective date of this agreement that provide for a FLUM designation or text amendment{s) to the site specific Objectives and/or Policies related to the following properties which were annexed after May 22, 2007, but before the effective date of this agreement: Bernard A. Egan Groves, Inc. Fellsmere East, LLC {now known as Fellsmere Estates, LLC) Fellsmere Joint Venture, LLP Ro-Ed Corp. (300 acres) Ro-Ed Corp. and Roland M. Ansin (2,592 acres) Page 9 of 15 W:~ry of FdbmuellSBA - lmaloal Sarvia Boundary Aynamm~1150A moved from DESKT6P 3.76.08\TreeYed DMF~ ISDA Inmiloesl Service BounJery Agreement 10•]3-0I.d shall be brought to the USAC. Such_Comprehensive Plan FLUM or text amendment(s) to the Future Land Use Element shall be in accordance with Exhibit "F" attached and incorporated herein. The City of I'ellsrnere shall provide the USAC with the complete amendment package, including supporting data and analysis pursuant to Chapter 9J-5, Florida Administrative Code. The USAC shall hold a review meeting and issue its report(s) within 45 days of receiving the proposed Comprehensive Plan FLUM or text amendment{s) and supporting data and analysis. The City of Fellsmere shall not hold a transmittal hearing until a subsequent meeting fallowing the meeting at which the USAC written report(s) were presented. The report(s) by the USAC shall be presented to the City of Fellsmere at an advertised public hearing called for that purpose. The City Council shalt publicly respond to the recommendations at such hearing and may then take what action it deems proper concerning the proposed Comprehensive Plan FLUM or text amendment(s). The USAC written report(s) and the City of Fellsmere's response to the report{s) shall be included in the Comprehensive Plan amendment package to be submitted to DCA and other appropriate reviewing agencies. Notwithstanding all of the above, the provision of this subsection 10 f) shall not apply to the initial Comprehensive Plan FLUM designation or text amendment{s), change(s) or modification(s) submitted by letter dated August 22, 2008 from the City of Fellsmere City Manager to the Florida Department of Community Affairs for Bernard A: Egan, Inc., Fellsmere East, LLClFellsmere Estates, LLC, Fellsmere Joint Venture, LLP {hereinafter collectively referred to as Fellsmere Joint Venture), Ro-Ed Corp. and Roland M. Ansin (2,592 acres} and Ro-Ed Corp (300 acres), nor shall this subsection 10 f) apply to any Comprehensive Plan FLUM designation or text amendment(s), change(s) or modification(s) that may be made by the Fellsmere City Counci! upon their own initiative in the course of or as a result of the review by the Department of Community Affairs, Division of Administrative Page I O of 15 W.iG~y of Fel4mneUSBA - imedocni Servia Boundary AmcememllSBA mavcd from DESATOP ~-I6-0B1Tr~cked DRAFT ISOA Imcrlocel Swicc Bwndary Agrccmcm 10.Z]-OB.da Hearings of the Department of Management Services or the Administrative Commission that are necessary to bring such Comprehensive Plan FLUM or text amendment(s) into compliance. SECTION 11. Review of Comprehensive Plan Amendments for Annexed PronertV Outside the Urban Service Area Boundary. a} The review provisions of this Section shall apply to amendments to the Comprehensive Plan of any municipality that changes the FLUM for any area annexed after the effective date of this agreement, outside the Urban Service Area Boundary, except as provided for in subsections d) and e) of this Section. b) The review provisions of this Section shall apply also to text amendments to the Comprehensive Plan of any municipality that increase density or height ]imitations far any area annexed after the effective date of this agreement, outside the Urban Service Area Boundary, except as provided for in subsection d} and e} of this Section. c) The FLUM or text amendment to the Comprehensive Plan shall first be brought to the USAC for review and comment prior to the public hearings to be held by each Party in accordance with Section 12. The report(s) by the USAC shall be presented to the municipality amending the FLUM or text of its Comprehensive Plan at an advertised public hearing called for that purpose by the amending municipality. The governing body of the municipality amending its Comprehensive Plan shall publicly respond to the recommendations at such hearing. Thereafter, subject to any changes to the FLUM or text that may be made as a result of the USAC report(s) by such governing body, the public hearings required by Section l2 shall be held. The municipality shall provide the USAC with the complete amendment package, including supporting data and analysis pursuant to Chapter 9J-S, Florida Administrative Code, Page 11 of 15 W:1Gry olFdlrmaaVSBA - Imaloal5crvite Baund~ty AgreemrnlllSBA movcJ from DESt:TOP 4340857ro~keJ DRAFT ISOA Intnlocal Service 9oundory Agamenl 10.27-08.doc ~' that wau~d be considered by its local gavernii~g bads far action at any transmittal or adoption public hearings, d) Any amendment to the Camprehensive Plan that provides for a FLUM designation or text arnendmcnt for the annexed proPe that contains the same residential density ar ~ reduction rn residential density when compared to the aunty ~LUl1~ desigr~atian or text provision Dither as of the date of annexation ar any future Jaunty ~LUI~ designation or text provision that would be applicable to tie annexed property, if such property were still in the unincorporated area, hiohe~re~ is less restrictive, shl be exempt :Dram the review provisYau of this section,. Li~ew~ise, to he exempt, the max~rnurn buiidin~ height far residential structures shall not exceed that allowed by the County's regulations either as of the date of aunexatian ar as allowed by the bounty for the annexed property at any ~`uture date, i~ the property were stir in ~e unxncorparated area, whichever is higlaor, `his exerrlption does oat apply to a ompreher~sive Plan FLUNr designation ar text arnendment for annexed property that changes to a nonresider~tiai use, e) Srnail scale amendments pursuant to Section 153.3187{1)(c) Florida Statutes for annexed properties which are outside the Urban ~ervzce Area Bc~unda~y that cnr~sist of existing platted lots a~` reoord shall be exempt from the review provisions of this section, ~~~N ~~. ~cstrictions a be han~~d h Unanrmc~us A ree~ment. ~ ,Amendment of the provisions aonta.ined in this agreement, changes to the Interlocal j er~rice Boundary Area dap, increase in height and~or density far annexed land outside the Urban Service Area ~anndary {as required by ectian ~~, clrar~ges by tlae Jaunty to tl~e aunty's Urban Service Area Boundary has required by section }, increase in height andlor density for land brought by the bounty into the ~a~~nty' Urban Service Area Boundary has required by Page I~ of ~~ W:VCiry ~f FGII~m~rellSBA • lrr~erlacml Service Boundary A~GCmcn~11SBA mavcd from ~~S~;~P ~-~~-Olil;r~cl;~d ~#ZAFT 1S~A lntcrlaca! 5srti+icc paUnd3ry A~rr~m:n~ IA~23•~~.dac ecfion ~}, increase in height and~or density by tha bounty for land outside the l~rhan ex~rice Area boundary has required by Section ~~, changes to e Fl;~~l~ls ar tent of the ampreher~s~ve Plan or change tc a nonresidential use far annexed land outside tl~e ~Jrban service Area Boundary has required by Section I ~~ and and re~isior~s made pursuant to the periodic review provisions of Section ~ 5 may he made only by unanimous agreement of alI the Parties. ~'he governing body of each Party snail hail an advertised public hearing and vote thereafter as tc whether to make ur approve any such changes or recisions. All actions shall be by resolutionY A certified copy off` the adapted resolution shall be presented to the chair of USA who shall thereafter ad~rise even Party as to the vote of all other Parties and whether there was unanimous agreement tc make or approve any proposed change or revzsian. E'TI~I~ ~. ~Y~h~ of Enforcement. '~ AI~~~Yllh iY~l+Mi• ~ IIIPI91Y~Yi ~~ Panes to this agreement shall have the Iea~ right to enforce the provisions of this agreement as Provided in Section 171.E ~ ~ l~`lorida statutes ~~OD7 J I Nothing herein should be const~ied a ~ waiver to any other right granted by law. E~'~N ~4. Execution a~ N~nltipic ogle. I i i ni i lirlrrrr i iuumnnr Aw•nwA~A~~wInY T'lus ~g~'eea~ent ~n~y be srgned In multiple copies, each of which shall be deemed an ~rlglnal. 1 a} Thi, agreement shall be far a term of ~ years and shall be reviewed eye fve years after its execution date. 7n addition, as rego;red by section 171.~~~~ ~ ~ Fla. Statutes ~~~a7~ this agreerneut~shaii be reviewed l S months before its termination date. b~ 'phis agreement represents a unified effort by Parties to regulate annexations and land uses within Indian River Jaunty without resorting to a county hone rule charter firm of Page l3 ai` 15 W;ICi~y of~dlsmrrr115@A • lnicrlocal Service Boundary A~rsmcn11~~8A ~avctl from ~~sK"f~~ ~•30~OSl~rackc~ CRAFT iS~A f~rlcrlo~al5rrvit~ ~o~ndary Agreement 1~-23•QS,dac g~verrunent. Ta continue with this agreement while an attempt is rr~ade ~~ establish a charter farms of govern~nent~ would be inconsistent with the purpose for ~rhich, this agreement vas cxeated. Therefore, notwithstanding the ~a-year term provided for in sube~tiorr a}, upon the occurrence of any one ofthe fallowing: I} The appain~nent off' a charter carnn~ision either following the adoption of a reso~u~on by the ~aard of bounty arnrnissianers ar foilawing the s~brr~~ssian of a petition to the county con~missior~ signed by at Ieast fifteen percent ~~ ~~~~ of the qualified electa~s of the county requiring that a charter con~rnissian be e~tabiished, in . accordance .th the procedures set forth in Section ~~~.~~ Florida Statute, ~~ The adoption of an a~rdinance by the hoard of bounty ~ornmissioners proposing a charter ~`orrn of ga~ernmer~t in accordance with Section i~~.S~ Florida Statutes. 3~ The passage of a bill by either douse of the State a~ Florida legislature to create a special law reatixig to a charter form of govern.mer~t for Indian River bounty. ar~y Party may withdraw frarn this agreement upon adoption of a Resolution calling for withdrawal by such Party. The resolution calling for withdrawal from this agreement may be adapted at any time, so ~or~g as the cause set Earth above had not been re~~dered n~oot. The resfl~ut~on sha11 set forth which ~~' the items above has occurred, with docurrxentation attached and as of the effective date a~` such Resolution, the witl~dra~ving party shall ~o ~ longer be bound by ~r ~ub~ect to this agreement, Thereafter, this agrcerncnt shall remain ire full Force and effect, but as to only these Parties that have not withdrawn from this agreement, ~~`~~ ~ G. ~fectYVe ~~te, This agreement shall became efi'ective upon fling with the lerl~ of the circuit court o~ Indian River bounty pursuant to Section 1 ~3,~ 1 ~l ~ }Florida Statutes ~~a~7~. Page 1~ of ~ 5 W:ICiiy of F~llsma~I1S~A - (~ZGr~acn~ 5ervi~c $aundary Agttsmchl~lS~A mnurc~ from I}~~~L~QP 4-30-OHITrn~ket# ~]k}I~ 158A intErlocfil service Boundary Au~~erm~nt (0.23-OB,d~c ~N 'TES ~~~~', the ~art~es her~t~ have set heir ~a~nd~ and peals as of tie date written below. Aare 15 of ~ 5 W:~Citp ~f Felx~me~145fiA • lmaioca] Servicr ~twntlary Agr~~mcnG11~~A muv~ Frpm D~5~'€~A q•~~~OAITr~ckrd ~FtAF~ iSRA lnler~aca~ 5trvicc ~aur~da~+ Rgrcrmcr~~ lU-~3-~6.~~