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HomeMy WebLinkAbout12032009 PZ Agenda6. OLD BUSINESS: 7. NEW BUSINESS: 8. CHAIRMAN MATTERS: 9. MEMBERS MATTERS: 10. DIRECTOR MATTERS: 11. ATTORNEY MATTERS: 12. ADJOURNMENT: HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 3, 2009 7:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Regular Meeting of 11/5/2009 LPA Meeting of 11/19/2009 A. Review and Recommend to City Council The Proposed Annexation and Restrictive Covenant for a 5.9 Acre Parcel Located South of Vickers Road (A.K.A. 99th Street) and West of the F.E.C. Railroad B. Accessory Structure Review Section 54 -2 -7.5 106 High Court 24' X 28' Detached Garage Coast to Coast Builders ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, 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 APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)- 589 -5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. Chmn. Paul called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: EXCUSED: ALSO PRESENT: CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING NOVEMBER 5, 2009 Mr. Dodd Mr. Paul Mr. Hepler Mr. Buchanan Mr. Blais Mr. Neuberger Mr. Simmons Mr. Cardinale Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, City Attorney Dorri Bosworth, Zoning Technician Joe Griffin, Airport Director ANNOUNCEMENTS: Chmn. Paul announced that Mr. Buchanan and Mr. Blais are excused and Mr. Hepler and Mr. Neuberger will be voting. APPROVAL OF MINUTES: Regular Meeting of 10/1/2009 MOTION by Hepler /Simmons to approve the P &Z meeting minutes of 10/1/09. Motion was approved on roll call. No one spoke in favor or opposition. Chmn. Paul closed the hearing. OLD BUSINESS: NONE Mr. Srinivasan arrived at 7:03 p.m. NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING— CONDITIONAL USE PERMIT MODEL HOME RENEWAL 1349 BARBER ST., ADAMS HOMES Chmn. Paul opened the hearing and asked for ex parte communication; there were none. He then swore in everyone that would be speaking. Ms. King presented the renewal for a one -year period. There have been no code enforcement violations or complaints during the year. Staff recommends approval. 1 1 1 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 5, 2009 MOTION by Simmons /Cardinale to approve the conditional use permit for Adams Homes model home at 1349 Barber Street. ROLL CALL: Mr. Paul yes Mr. Cardinale yes Mr. Simmons yes Mr. Hepler yes Mr. Dodd yes Mr. Neuberger yes Mr. Srinivasan yes The vote was 7 -0. Motion passed. B. QUASI- JUDICIAL PUBLIC HEARING SITE PLAN G R DEVELOPMENT 5,504 SF HANGAR TO BE LOCATED AT CITY OF SEBASTIAN AIRPORT 50 AIRPORT DRIVE WEST Chmn. Paul opened the hearing and asked for ex parte communication. Chmn. Paul said he visited the site and spoke with the Airport Director. Mr. Ginsburg asked Chmn. Paul if he believed he could view the application on the record tonight in a fair and impartial manner. Chmn. Paul replied in the affirmative. Chmn. Paul then swore in anyone that would speak. Jodah Biddle of Schulke, Biddle Stoddard, Vero Beach, FL presented the application. An item to be discussed is the tree planting along the western property line, which is adjacent to the wetlands. As the hangars will be in the airport taxiway area, Mr. Griffin will attest that he does not want trees in that area for flight safety reasons. Mr. Biddle requested if the commission decides to approve the site plan it be done with removal of the tree requirement. Ms. King reviewed the staff report. She said the owner does plan to apply for additional buildings on this property but those are not part of this application. The condition of approval is that the tree requirement be addressed during the final development stages of the property when they are closer to build -out of the site. Gabriel Ferrer, G &R Development, answered the commission's questions about the design and use of the hangars, which is airplane storage. No maintenance will be done in the hangars. Mr. Griffin said that Mr. Ferrer and G &R Development have complied with all FAA regulations as to a bona fide lease with the City of Sebastian Airport for this project. No one spoke in favor or opposition. Chmn. Paul closed the public hearing. Ms. King explained if the commission believes the natural vegetation will fulfill the needs of the LDC regarding landscape along that property line then there would not be a problem with the commission waiving the tree requirement. However, we will readdress the remaining landscape requirements of the site upon further development of the property. In answering Mr. Dodd's question about signage Ms. Grohall explained that the air side operators, which is anyone operating within the fence line, their names are added on to the signage the city currently has installed on Airport Drive West at both the southern most and northern most points. He is also entitled to signage on his building. MOTION by Paul /Dodd to approve the site plan for G &R Development, 5,504 SF hangar to be located in the City of Sebastian Airport, 50 Airport Drive West with the exception 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 5, 2009 that the requirements for trees are looked at later and the low shrubs would be installed around the hangar currently. ROLL CALL: Mr. Neuberger yes Mr. Dodd yes Mr. Hepier yes Mr. Srinivasan yes Mr. Cardinale yes Mr. Simmons yes Mr. Paul yes The vote was 7 -0. Motion passed. CHAIRMAN MATTERS: Chmn. Paul mentioned the Sebastian Clambake taking place this weekend. MEMBERS MATTERS: Mr. Cardinale asked if there were any model homes in the Ashbury Subdivision by Maze Homes as they are in foreclosure. Ms. Grohall said there are no models in Ashbury at this time. DIRECTOR MATTERS: Ms. Grohall said she was also going to remind people of the Clambake and thanked Chmn. Paul for mentioning it and added great food, great music, and great opportunity for this community in terms of the charitable donations the foundation distributes after the event. She informed the commission on November 19 they will meet as the Local Planning Agency to review the ordinance that creates the buffer along Roseland Road. ATTORNEY MATTERS: NONE Chmn. Paul adjourned the meeting at 7:34 p.m. (11/10/09 sbl) 3 CITY OF SEBASTIAN 04S LOCAL PLANNING AGENCY CM C (PLANNING AND ZONING COMMISSION) C $2 m MINUTES OF REGULAR MEETING •E •y 0 1 NO 19, 2009 Chmn. Paul called the meeting to order at 7:00 P.M. 0- E The pledge of allegiance was said by all. 0 V 3 c cli ROLL CALL: U) O 2 m 0 PRESENT: Mr. Dodd Mr. Srinivasan C o ..o Mr. Paul Mr. Simmons C L si Mr. Hepler Mr. Cardinale o a a CON «c ANNOUNCEMENTS: NEW BUSINESS: EXCUSED: Mr. Buchanan Mr. Neuberger ALSO PRESENT: Chmn. Paul announced Mr. Buchanan and Mr. Neuberger are excused and Mr. Hepler and will be voting. He noted with regrets Mr. Blais has resigned from the commission, and that we are very grateful for the time he has served on the commission and appreciate all he has contributed. The City Clerk's office will be taking applications for our vacant position. OLD BUSINESS: NONE Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, City Attorney Al Minner, City Manager Joe Griffin, Airport Director Dorri Bosworth, Zoning Technician PUBLIC HEARING REVIEW AND MAKE RECOMMENDATION TO CITY COUNCIL REGARDING ORDINANCE 0 -09 -14 WHICH PROPOSES TO AMEND THE LAND DEVELOPMENT CODE TO CREATE SECTION 54 -3 -11.11 ROSELAND ROAD BUFFER Chmn. Paul opened the hearing and asked for staff presentation. Ms. Grohall gave a brief review of the ordinance. When the airport master plan was proposed in 2001 -02, there was a proposition to put the buffer in at that time. This would create a fifty -foot vegetative buffer that would run along airport and city owned land abutting Roseland Road and run the entire length of the city owned and airport land. Mr. Simmons asked for clarification of item 4 in the ordinance and Ms. Grohall said landscaping, berms, fences, walls and signage would be the exception. LOCAL PLANNING AGENCY MINUTES OF REGULAR MEETING OF NOVEMBER 19, 2009 Chmn. Paul opened the hearing for public comment. Bob Denton, Roseland Road, gave his review and interpretation of the 27 -page packet given to the commission. Chmn. Paul asked Mr. Denton to direct his comments to specific issues or problems he has with the ordinance as it is presented. Mr. Denton explained that his issue was with the fact that the Airport Master Plan document omitted the 50 -foot buffer as required by the city council's approval. Mr. Minner explained that there was a suggestion in the Sebastian Municipal Airport Plan that there was to be a buffer. Somehow the document was changed and we don't know why. That buffer was never formally logged in any of the city's regulatory documents. Therefore, we have to get that buffer into our regulatory documents. Mr. Denton continued with his opposition to any type of fence being placed within the buffer area. Holly Dill, 11675 Roseland Road, asked for a clarification of Roseland Road Buffer, Section 2, exactly where is the buffer? Mr. Minner explained the intent of the buffer is exactly what is described in Sections 1 and 2 of the ordinance, which is the entire length of the Sebastian Municipal Airport property from Collier Creek to Airport Drive West. However, exotic plants have been identified within this buffer area and they may have to be removed as they are not native. Mr. Minner also discussed the Habitat Conservation Plan and an Incidental Take Permit that protected the Florida scrub jay in accordance with the Fish and Wildlife Agency. He added the city has been in communication with the F.A.A., Fish and Wildlife and the county so that everyone is on the same page. Ms. Dill continued her concerns that walls, fences, and signs could go in the buffer area. She also mentioned that Roseland Road has been designated a scenic highway. Upon questioning by Mr. Cardinale, Ms. Grohall explained that this is a federal DOT designation and not regulatory in nature with possibly a prohibition on billboards but does not regulate signage. Tim Glover, 9446 Fleming Grant Road, Micco, represented Friends of St. Sebastian River and is their president. He mentioned that they worked with the city on the buffer and is in agreement with Mr. Minner regarding the length and placement of the buffer area. Fred Mensing, 7580 129 St., Sebastian, favors the ordinance. Roy Woodall, 7895 134 St., Roseland, president of Friends of Historic Roseland, and the group supports the 50 -foot buffer. Robert Massanti, 7925 126 St., Roseland, explained what buffer means to him, nothing happens within the designated area. Richard Baker, president of Pelican Island Audubon Society, in favor of the buffer. Ms. Holly Dill spoke again regarding signs and removal of exotic vegetation. 2 LOCAL PLANNING AGENCY MINUTES OF REGULAR MEETING OF NOVEMBER 19, 2009 During review by commissioners, Mr. Dodd noted that he thought Sections 4 and 5 should be removed as they would be a detriment to incoming business. Mr. Srinivasan agreed with Mr. Dodd. Mr. Cardinale asked if a grant could be found to help fill in the sparse area and Ms. Grohall said it could be looked into and Chmn. Paul said it would not be included within this ordinance but a separate issue. Mr. Minner recapped that there was no ordinance for a buffer but just mentioned in the Sebastian Municipal Airport plan. He said what he heard tonight is to place the buffer plan in the Land Development regulations. We understand the potential withdrawal of Sections 4 and 5. As we move forward on this there are three separate items that needed to be accomplished to solve the buffer question. First, the creation of the buffer in the Land Development Regulations, second, an amendment to the Sebastian Municipal Airport Plan so that the plan reads the way it was intended to read the way the 2002 City Council approved it, third, to modify the airport layout plan. Future discussions would be the monument style sign for the city. Chmn. Paul opened the floor one more time for public comment. A man who did not identify himself gave a definition of a buffer. Chmn. Paul turned the gavel over the Vice Chairman Cardinale and left the dais to speak with the city attorney, Mr. Ginsburg. Vice -Chmn. Cardinale called a five minute recess. The meeting resumed at 8:31 p.m., all members were present and Chmn. Paul took the gavel. Chmn. Paul asked Mr. Griffin, the Airport Manager for his comments, he had none. MOTION by Dodd /Srinivasan to recommend City Council approve the ordinance 0 -09- 14 with the deletion of Sections 4 and 5. ROLL CALL: Mr. Paul yes Mr. Simmons yes Mr. Dodd yes Mr. Cardinale yes Mr. Srinivasan yes Mr. Hepler yes The vote was 6 -0. Motion passed. Mr. Minner said this item will be on the City Council December 9, 2009 agenda. Chmn. Paul closed the hearing. CHAIRMAN MATTERS: Chmn. Paul again noted the problem at the intersection of U.S. Hwy. 1 and Main Street and said he saw an accident almost happen. Ms. Grohall said they have leveled out the pothole and if he was not satisfied she would bring it to DOT again. MEMBERS MATTERS: Mr. Cardinale asked about a forestry grant. Ms. Grohall said the city is always looking for grant opportunities and will continue to do so. Mr. Simmons asked about parking 3 LOCAL PLANNING AGENCY MINUTES OF REGULAR MEETING OF NOVEMBER 19, 2009 along Indian River Drive and when a business along there has an event what can be done to help alleviate the issue. Ms. Grohall said the city is still looking at different things to help relieve some of the parking issues there. Mr. Dodd thanked city staff for being very gracious dealing with negative comments on an issue they were not directly involved in. Mr. Cardinale asked if there would be a survey done of the buffer area. Ms. Grohall said that is usually done as part of each leasehold negotiation. DIRECTOR MATTERS: Ms. Grohall informed the commission that the covenant for the Bridgeton annexation will be coming back for their review on December 3rd meeting. ATTORNEY MATTERS: NONE Chmn. Paul adjourned the meeting at 8:40 p.m. (11/23/09 sbl) 4 CIIYOF HOME OF PELICAN ISLAND GROWTH MANAGEMENT DEPARTMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 TO: Planning Zoning Commission FROM: Growth Management Staff DATE: November 24, 2009 SUBJECT: Bridgeton Properties Annexation and Covenant Bridgeton Real Fund 1, LP, has submitted a request for annexation of 5.9 acres of land located south of Vickers Road (99 Street) and west of the F.E.C. Railroad. The applicant also requested a land use and zoning change to Industrial. At a public hearing held December 4, 2008, the Planning and Zoning Commission recommended approval of the land use and zoning changes for the property, subject to a covenant running with the land that would restrict certain uses allowed in the industrial district. This was in response to concerns expressed by residents of the mobile home park to the west of the subject property. Subsequently, the petitioner drafted a covenant to be included as part of the annexation ordinance. Staff reviewed the covenant and felt it addressed the concerns of the residents as directed by the Planning and Zoning Commission. On November 18, 2009, City Council approved the first reading of Ordinance 0 -09 -06 (annexation), Ordinance 0 -09 -07 (land use) and 0 -09 -08 (zoning) and set the public hearings for December 16, 2009. The council also instructed staff to bring the proposed restrictive covenant back to the Planning and Zoning Commission for review. The following items have been included with this memo as backup for your reference: 1. Ordinance 0 -09 -06 with covenant 2. Industrial district regulations and definitions from the Land Development Code and Comprehensive Plan describing the City's Industrial District as "light 3. Staff report with maps 4. P Z minutes dated December 4, 2008 5. City Council minutes dated November 18, 2009 6. Letter requesting annexation, application for land use amendment and application for zoning amendment. Recommended Action: Review restrictive covenant and make recommendation to City Council. ORDINANCE NO. 0-09-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 5.90 ACRES, MORE OR LESS, LYING SOUTH OF VICKERS ROAD (a.k.a. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bridgeton Real Fund 1, LP, owner of the property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: See attached Exhibit "A" as shown on the map within said Exhibit "A containing 5.9 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, including the DECLARATION OF COVENANT AND RESTRICTION ON LAND attached as Exhibit `B the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. Following its adoption this Ordinance shall become effective upon recordation of the DECLARATION OF COVENANT AND RESTRICTION ON LAND (Exhibit `B so long as such recordation occurs within 45 days of passage thereof. 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 Richard H. Gillmor Vice Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2009. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC Mayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Attorney PARCEL 1 EXHIBIT "A" Page 1 of 3 LEGAL DESCRIPTION: From the Southeast Corner of the Southwest 1/4 of Northeast 1/4 of Section 20, Township 31 South, Range 39 East, Run North 00 29'41" East a Distance 17.45 Feet to the intersection of the West Right of -Way of the F.E.C.R.R.; Thence run North 25 38'36" West along said West Right -of -Way a distance of 450 Feet to the point of beginning; Thence continue North 25 38'36" West along said West Right -of -Way a distance of 592.36 Feet; Thence run South 64 21'36" West a distance of 150.00 Feet; Thence run North 25 38'36" West a distance of 438.21 Feet; Thence run South 89 49'27" West a distance of 116.07 Feet; Thence run South 25 38'36" East a distance of 498.12 Feet; Thence run North 64 21'24" East a distance of 65.21 Feet; Thence run South 25 38'36" East a distance of 509.97 Feet; Thence run South 00 17'14" East a distance of 362.06 Feet; Thence run South 58 48'28" East a distance of 59.88 Feet; Thence run North 89 42'46" East a distance of 70.51 Feet; Thence run North 00 17'14" West a distance of 354.32 Feet; Thence run on a Circular Curve with a radius of 295.00 Feet Concave to the West a distance of 16.31 Feet; Thence run North 64 21'24" East a distance of 89.84 Feet to the West Right -of -Way of the F.E.C.R.R. and P.O.B. Less and Except the following described property: Being all of Lot 19, Breezy Village Mobile Home Subdivision, Unit II, According to the Unrecorded plat thereof being more particularly described as follows: Begin at the platted Northeast Corner of Tract C, Breezy Village Mobile Home Subdivision, Unit -I as shown on the plat thereof, Recorded in plat book 9, page 34 of the public records of Indian River County, Florida; Thence South 64 21'34" West along the platted Northerly line of said Tract 6, 89.82 Feet to a point on a curve concave to the West having a radius of 295.00 Feet, a radial line from said point bears South 86 °32'43" West; Thence Northwesterly along the arc of said 295 Foot radius curve through a central angle of 14 54'47" a distance of 76.79 Feet, thence North 64 05'13" East, 70.34 Feet to the West Right -of -Way of the F.E.C.R.R. Right -of -Way; Thence South 25 54'57" East along said West Right -of -Way line 74.05 Feet to the P.O.B.; Subject to an easement for ingress and egress over the Easterly 15 Thereof. Said Parcel containing 4.535 Acres More or Less. PARCEL 2 LEGAL DESCRIPTION: Subject to Existing Public Highways. Said Parcel Containing 1.4 Acres more or less. EXHIBIT "A" Page 2 of 3 Beginning at the Intersection of the North Line of the Southwest Quarter of the Northeast Quarter of Section 20, Township 31 South, Range 39 East, with the Westerly Right -of -Way limit of Florida East Coast Railway (Said Right -of -Way Limit being 50 Feet Westerly from and parallel to the centerline of the original Main Track of said Florida East Coast Railway); Thence Southeasterly, along said Westerly Right -of -Way Limit, 400 Feet; Thence Southwesterly, at right angles to said Westerly Right -of -Way limit, 150 Feet; Thence Northwesterly 150 Feet Westerly from and parallel to said Westerly Right -of -Way limit, to a point in said North line of Said Southwest Quarter of Northeast Quarter of Section 20, Thence East along said North Line to the Point of Beginning. EXIIIBIT "A" Page 3 of 3 This instrument was prepared by: Eric Granitur, Esq. 535 Greytwig Road, Suite 5 Vero Beach, FL 32963 Property folio #s: 31392000000100000016.1 31392000000100000019.1 31392000000100000020M VOLUNTARY DECLARATION OF RESTRICTIVE COVENANTS EXHIBIT "B" Page 1 of 7 TI-IIS VOLUNTARY DECLARATION OF RESTRICTIVE COVENANTS is entered into on this 30th day of September, 2009 by Bridgeton Real Fund I, L.P., a Delaware limited partnership (the "Declarant for the benefit of the City of Sebastian, Florida, a Florida municipal corporation (the "City WHEREAS, the Declarant is the owner in fee simple of approximately 5.935 acres located in Indian River County, Florida, which is more specifically described in Exhibit A to this Declaration (the "Property"). WHEREAS, the Declarant is seeking to annex the Property into the City (the "Annexation"). WHEREAS, the City is willing to approve the Annexation based on the the Declarant and the Property being subject to all of the terms and provisions of this Declaration. NOW THEREFORE, in consideration of all the promises and covenants contained in this Declaration, the Declarant voluntarily declares that the Property shall be owned_ held, used, occupied, transferred, sold, conveyed and demised subject to the covenants and restrictions contained in this Declaration, which shall protect the value and desirability of the Property, which shall remain with the Property in perpetuity, which shall be binding on any and all parties having any right, title or interest in the Property, and which shall be binding on any and all of the parties' heirs, successors and assigns: Property: EXHIBIT "B" Page 2 of 7 1. Limitations in Use. The following uses shall not be permitted on the A. Gasoline and petroleum sales, except as an accessory use for stored vehicles on the Property, B. Food sales, including any restaurants that have or do not have drive through services, C. Adult entertainment, including any adult entertainment establishments, D. Boat manufacturing, E. Sand mining, F. Concrete production, including any concrete plants, and G. Asphalt production, including any asphalt plants. 2. Change in Circumstances. If there is any change in circumstance relating to the Property that the City determines would require this Declaration to be amended then the Declarant agrees to comply with the City's determination and amend this Declaration accordingly. 3. Amendments. This Declaration can only be modified, amended or released by a written document that is executed by both the Declarant and the City with the approval of the City Commission. 4. Recording and Effective Date. This Declaration shall become effective upon it being recorded in the public records of Indian River County, Florida. Upon this Declaration being recorded, this Declaration shall run with the Property for the benefit of the City and shall bind any and all successors and assigns to the ownership and title of the Property. 5. Governing Law. This Declaration shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. The Declarant and the City consent to the exclusive jurisdiction of the federal and state courts located in Indian River County, Florida, in any and all actions arising between them under this Declaration. 7. Entire Declaration. This Declaration contains the entire understanding of the parties with respect to the subject matter in this Declaration. 8. Execution of Documents. All of the parties to this Declaration shall execute all documents that are necessary to carry out the purposes and intent of this Declaration. 9. Counterparts. This Declaration can be signed in counterparts, all of which taken together shall be deemed an original. THE Declarant has executed this Declaration. which consists of seven pages, which includes a two page exhibit, as of the date first written above. Signed, sealed and delivered STATE OF FLORIDA Printed Name: e": COUNTY OF INDIAN RIVER ERIC GRANITUR op DDfl Nis{ COMMISSION ,0112 a01 EXYLRES November 30- Fl. Noe Dsscw ns Cu O:F BRIDGETON REAL FUND, L.P., a Delaware limited partnership asn 3 EXHIBIT "B" Page 3 of 7 ohn M. Malek, as General Partner This Declaration was acknowledged before me this 30th day of September 2009 by John M. Malek, as General Partner of Bridgeton Real Fund I, L.P., a Delaware limited partnership, on behalf of Bridgeton Real Fund I, L.P., a Delaware limited partnership, who is personally known to me Notary Public JOINDER EXHIBIT "B" Page 4 of 7 RBC BANK (USA), a North Carolina banking corporation, with a vested interest in the Property as the holder of a mortgage that is secured by the Property, joins in the execution of this Declaration for the purpose of ratifying and confirming this Declaration. Signed, sealed and delivered RBC BANK (USA). a North Carolina banking corporation Printed Name: STATE OFt2;r:34 COUNTY OF vo :ary Public State of Florida Snaron Simpson My Certrnission DD77289.1 Expires 04113/2012 By: Printed Name: 4 I Z This foregoing Joinder was acknowledged before me this day of 2009 by ,6 ',r c- 7`L. .7:72:-Z '77 7: 2 6,F '7 as plc -e. r :2rz t ae of RBC BANK (USA), a North Carolina banking corporation, on behalf.RB_C.. BANK (USA). a North Carolina banking corporation, who is <p'ersonally known 'to me or who has produced as identification. 2 t Notary Public JOINDER The City of Sebastian, Florida, vested with certain enforcement authority associated with this Declaration joins in the execution of this Declaration for the purpose of ratifying and confirming this Declaration, and to effectuate the purposes contained in this Declaration Attested to: CITY OF SEBASTIAN, a Florida municipal corporation EXHIBIT "B" Page 5 of 7 By: City of Sebastian Clerk Mayor Approved as to form: Office of the City of Sebastian Attorney COUNTY OF INDIAN RIVER STATE OF FLORIDA The foregoing Joinder of this Declaration was acknowledged before me this day of September 2009 by as the Mayor of the City of Sebastian, a Florida municipal corporation, on behalf of the City of Sebastian, a Florida municipal corporation, who is personally known to me or who has produced as identification. 5 Notary Public EXHIBIT A LEGAL DESCRIPTION FOR PROPERTY FOLIO #S: 31392000000100000016.1 AND 31392000000100000019.1 From the Southeast Corner of the Southwest 114 of Northeast 1/4 of Section 20, Township 31 South, Range 39 East, Run North 00 °29'41" East a Distance 17.45 Feet to the intersection of the West Right -of -Way of the F.E.C.R.R.; Thence run North 25 °38'36" West along said West Right -of -Way a distance of 450 Feet to the point of beginning; Thence continue North 25 °38'36" West along said West Right -of -Way a distance of 592.36 Feet; Thence run South 64 °21'36" West a distance of 150.00 Feet; Thence run North 25 °38'36" West a distance of 438.21 Feet; Thence run South 89 °49'27" West a distance of 116.07 Feet; Thence run South 25 °38'36" East a distance of 498.12 Feet; Thence run North 64 °21'24" East a distance of 65.21 Feet; Thence run South 25 °38'36" East a distance of 509.97 Feet; Thence run South 00 °17'14" East a distance of 362.06 Feet; Thence run South 58 °48'28" East a distance of 59.88 Feet; Thence run North 89 °42'46" East a distance of 70.51 Feet; Thence run North 00°17'14" West a distance of 354.32 Feet; Thence run on a Circular Curve with a radius of 295.00 Feet Concave to the West a distance of 16.31 Feet; Thence run North 64 °21'24" East a distance of 89.84 Feet to the West Right -of -Way of the F.E.C.R.R. and P.O.B. Less and Except the following described property: Being all of Lot 19, Breezy Village Mobile Home Subdivision, Unit II, According to the Unrecorded plat thereof being more particularly described as follows: Begin at the platted Northeast Corner of Tract C, Breezy Village Mobile Home Subdivision, Unit as shown on the plat thereof, Recorded in plat book 9, page 34 of the public records of Indian River County, Florida; Thence South 64 °21'34" West along the platted Northerly line of said Tract 6, 89.82 Feet to a point on a curve concave to the West having a radius of 295.00 Feet, a radial line from said point bears South 86 °32'43" West; Thence Northwesterly along the arc of said 295 Foot radius curve through a central angle of 14 °54'47" a distance of 76.79 Feet, thence North 64 °05'13" East, 70.34 Feet to the West Right -of -Way of the F.E.C.R.R. Right -of —Way; Thence South 25'54'57" East along said West Right -of -Way line 74.05 Feet to the P.O.B.: Subject to an easement for ingress and egress over the Easterly 15 Thereof. Said Parcel Containing 4.535 Acres More or Less. 6 EXHIBIT "B" Page 6 of 7 Beginning at the Intersection of the North Line of the Southwest Quarter of the Northeast Quarter of Section 20, Township 31 South, Range 39 East, with the Westerly Right -of- Way limit of Florida East Coast Railway (Said Right -of -Way Limit being 50 Feet Westerly from and parallel to the centerline of the original Main Track of said Florida East Coast Railway); Thence Southeasterly, along said Westerly Right -of -Way Limit, 400 Feet; Thence Southwesterly, at right angles to said Westerly Right -of -Way limit, 150 Feet; Thence Northwesterly 150 Feet Westerly from and parallel to said Westerly Right of -Way limit, to a point in said North line of Said Southwest Quarter of Northeast Quarter of Section 20, Thence East along said North Line to the Point of Beginning. Subject to Existing Public Highways. Said Parcel Containing 1.4 Acres More or Less. brid tonsebagiandeclara tion2.doc EXHIBIT A LEGAL DESCRIPTION FOR PROPERTY FOLIO 31392000000100000020.0 7 EXHIBIT "B" Page 7 of 7 ARTICLE V. ZONING DISTRICT REGULATIONS Rage 1 of 2 DcAcicat. by Sec. 54- 2-5.6. Industrial District (IN). C.O■at. .w- (a) Intent. The intent dl the IN District is to provide a management framework for implementing comprehensive plan objectives and policies for Limited industrial development on land designated IM on the future and use map. AIR development in the IN District shall comply with the comprehensive plan, performance criteria in chapter Hi, as well as other applicable land development regulations. Salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian. Such activities are more appropriately located near major regional transportation facilities. (b) Permitted uses: Utilities, public and private Business and professional offices with or without drive through facilities 0 Commercial retail with 5,000 sq. ft. Commercial amusements, enclosed Storage facilities Plant nurseries Trades and skilled services 1Nholesale trades and services Veterinary services Ilndustrial activities Parking garages Clubs and lodges, public and private Administrative services, public and private Vehicular sales and related services Accessory watchman facilities Medical services Vehicular services and maintenance Accessory uses to permitted uses (c) Conditional uses: Commercial retail with 5,000 sq. ft. Hotels and motels Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Flea markets Accessory uses to conditional uses (d) Dimensional regulations. `1 http: /library8- .manicode.com/ default- test/DocView /10310/1/6/9 11/24/2009 Maximum building coverage: 50% Minimum open space: 20% Maximum impervious surface: 80% ARTICLE V. ZONING DISTRICT REGULATIONS TABLE INSET: Page 2 of 2 (1) Maximum FAR: 50% (2) Maximum height: 35 feet. No structure shall be erected within the approach zones of active runways on the Sebastian Municipal Airport at a height in excess of those permitted by the FAA or the city council. All structures shall comply with the City of Sebastian Airport Master Plan. (3) Lot coverage: (4) Lot dimensions: Minimum lot size: 15,000 square feet Minimum width: 100 feet Minimum depth: 125 feet (5) Minimum setbacks: Front yard: 20 feet Side interior yard: None Rear yard: 10 feet. No building or structure in an IN District shall be located closer than 30 feet to a residential district. (e) Processing and storage within the Industrial District: In the Industrial District any use is permitted either indoors or outdoors, but in conformance with the applicable performance standards. In the Industrial District, all business, servicing, manufacturing or processing within 200 feet of a residential district boundary may be outdoors but shall be effectively screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen planting so that the materials shall not be visible from the residential district. The requirement shall not apply to airfields for the outside storage of aircraft. http: /library8.municode .com/default- test/DocView /10310/1/6/9 11/24/2009 ARTICLE XXII LANGUAGE AND DEFINITIONS Page 1 of 1 (,d)i Industrial activities. The following compatible hand uses shall be considered industrial activities: (I) Warehousing, storage and wholesaling within enclosed buildings. (2') Mechanical repair and service, including but not limited to, machine shops and vehicular repair, service and maintenance. (3) Light manufacturing including skilled trades and services, Eight processing of woods, synthetics, and metal fabrication, assembly and distribution functions, electronics, research and development, and similar uses. (4) Building materials supply and storage, and contractor's storage. (5) Accessory uses to those described above. (6), Outside storage. http library&. municode .com /default- test/DocView /10310/ 1 /29/30 11/24/2009 CITY OF SEBASTIAN COMPREHENSIVE PLAN CanhTJesi&n 9nnovations, 9nc. I -39 FUTURE LAND USE ELEMENT requirements of commercial activities and potential fiscal and environmental impacts on the City of Sebastian, and shall be determined based on the following considerations: a. Trip generation characteristics, impact on existing and planned transportation facilities and ability to achieve a functional internal circulation and off street parking system, with landscaping amenities; b. Location and site requirements based on specific needs of respective commercial activities, their market area, anticipated employment generation, and floor area requirements; c. Compatibility with and impact on other surrounding commercial activities; d. Relationship to surrounding land uses and natural systems; e. Impact on existing and planned community services and utilities. Objective 1 -1.5: INDUSTRIAL LAND USE (IND). The Future Land Use Map shall allocate land resources for existing and anticipated future industrial needs and requisite support services, as well as providing space for aviation related industry, services and facilities. Policy 1- 1.5.1: Industrial Land Use Designation. The industrial (IND) designation is intended to provide strategically located sites principally within the airport environs. The City shall work with industrial interest groups to pursue selective industrial expansion policy set forth herein in Policy 1- 2.3.2. The maximum intensity of industrial development measured in floor -to -area ratio shall be limited to 0.5. The industrial land use category includes sites accessible to airport facilities, rail facilities, and /or major thoroughfares. Uses allowed include: manufacturing, assembling and distribution activities; warehousing and storage activities; general commercial activities; aviation related industry, services and facilities; and other similar land uses which shall be regulated through appropriate zoning procedures. Heavy metal fabrication, batch plants, salvage yards, chemical or petroleum manufacturing or refining, rubber or plastics manufacturing, or other use generating potentially harmful environmental or nuisance impacts shall be prohibited. These uses typically generate heavy truck traffic, require significant acreage, are difficult to screen and buffer from residential areas, and therefore, should be located in more sparsely developed unincorporated areas. This provision shall not prohibit residences for night watchmen or custodians whose presence on industrial sites is necessary for security purposes. Such a use may be permitted as a conditional use through appropriate zoning procedures. ADOPTED April 22, 2009 CITY OF SEBASTIAN COMPREHENSIVE PLAN Policy 1- 1.5.2: Policy 1 -L5.3: Policy 1- 1.5.4: Policy 1 -15.5: Janc()esisn 9nnovations, 9nc. I -40 FUTURE LAND USE ELEMENT The Land Development Code shall require adequate buffering between the Sebastian Municipal Airport industrial land uses and the Municipal Golf Course. General Pattern of Industrial Land Use. The City of Sebastian Airport and environs contains the principal area for future industrial activity. A secondary industrial concentration is situated along the FEC Railroad at CR 512. Lesser concentrations of industrial development are situated along other segments of the FEC Railroad. A high priority shall be given to reserving strategically located lands adaptive to the unique location requirements of industry. Industrial sites shall generally be allocated in areas accessible to rail corridors or near airport facilities. General Considerations for Allocating Industrial Land Use. The allocation of land resources for industrial development shall be responsive to the location and space requirements of industrial activities and potential fiscal and environmental impacts on the City of Sebastian. The location and distribution of industrial land use shall be determined based on the following considerations: a. Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail, air, or trucking for distribution of material and goods; b. Anticipated employment generation, floor area requirements, and market area: c. Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of hazardous by- products; d. Impact on established as well as anticipated future development and natural systems; and e. Impact on existing and planned public services, utilities, water resources, and energy resources. f. Land shall be allocated to industrial uses in a manner which allows for separation and co- location of industrial activities capable of complying with the most restrictive performance standards and exhibiting minimal adverse impacts on surrounding development. The City of Sebastian will foster use of Municipal Airport lands in a manner which contributes to the development of the City's economic basie through selective pursuit of industry as outlined in Objectives 1 -2.8 and 1 -2.9. ADOPTED April 22, 2009 CITY OF SEBASTIAN COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT CanIDesisn 9nnova6ions, 9nc. category is: residential 25 institutional /recreational uses 20 and commercial uses 55 d. Future Industrial Land Use The City of Sebastian currently has approximately 225 acres of industrial land, comprising about 3.4% of the developed land. Based on the current population of 23,462, there are 10 acres of industrial per 1,000 people. At that rate, there would be a need for 345 acres by 2025. However, the City has allocated only 299 acres of industrial on the Future Land Use Map, primarily along U.S. 1 and in the area around the Airport. The City would like to increase the amount of industrially zoned land in the City to attract large employment centers. However, based on the fact that the City is mostly built up, there are no sites available to accommodate this future need. The City will, therefore, be open to future annexation of industrial lands for this purpose. The maximum intensity of industrial development measured in floor -to -area ratio is 0.50. e. Future Institutional Land Use The Future Land Use Map shows 1,249 acres of Institutional land use. This represents 16% of the total land in the City, and 19% of the developable land (excluding Conservation). The majority of the acreage corresponds to the airport property. The maximum intensity allowed within this category shall not exceed a floor area ratio (FAR) of 0.6. Based on the analysis of additional recreation and open space needs identified in the Recreation Element, the City of Sebastian will require 2 acres of neighborhood park land and 2 acres of community park land per 1,000 residents. With a projected functional population of 35,940 persons by 2025, the City will need approximately 144 acres of park and open space to meet future recreation demands. Since the City currently has 297 acres of neighborhood parks and 800 acres of community parks, including the Municipal Golf Course and the Stormwater Park s, sufficient park and open space acreage exists to meet the future demand. f. Future Conservation Land Use The Future Land Use Map shows 1,089 acres of Conservation. This figure could change overtime as the City will continue pursuing acquisition of those areas that are desirable for permanent designation as conservation land uses on the Future Land Use Map, or pursue agreements with property owners to preserve environmentally sensitive resources. I -16 ADOPTED April 22, 2009 CITY OF HOME OF PELICAN ISLAND Growth Management Department Staff Report Annexation, Comprehensive Plan Amendment And Rezoning 1. Project Name: Bridgeton Properties 2. Requested Action: Annexation of three parcels listed below, along with land use and zoning amendments: Parcel 31- 39 -20- 00000 1000- 00016.1 (See map -Label 1) Land Use Amendment: County M -2 (Medium Density Residential -2 (up to Requesting City IND (Industrial) Zoning Amendment: County RMH -8 (Mobile Home Residential (up to 8 Requesting City IN (Industrial) Parcel 31- 30 -20- 00000 1000 00019.1 (See map Label 2) Land Use Amendment: County M -2 (Medium Density Residential -2 (up to Requesting City IND (Industrial) Zoning Amendment: County RMH -8 (Mobile Home Residential (up to 8 Requesting City IN (Industrial) Parcel 31- 39 -20- 00000 1000 00020.0 (See map Label 3) Land Use Amendment: County C/I (Commercial /Industrial) Requesting City IND (Industrial) Zoning Amendment: County CH (Heavy Commercial) Requesting City IN (Industrial) 1 10 units /acre) units /acre) 10 units /acre) units /acre) Staff Note: The original annexation request included three additional parcels: 31- 39 -20- 00000 1000 00016.2 (See map Label 4) 31- 39 -20- 00000 1000 00012.0 (See map Label 5) 31- 39 -20- 00000 1000 00012.1 (See map Label 6) The first three parcels (Labels 1 3) are contiguous to our City limits located immediately south of Vickers Road (99 Street). During staff review, it was discovered that the remaining three parcels (Labels 4 6) are not contiguous to the first three parcels, and are not contiguous to our City limits. Therefore, annexation of those parcels cannot be permitted. The application for annexation, land use and zoning has been amended accordingly. 3. Project Location: a. Address: South of Vickers Road between Breezy Village Mobile Home Park and the Florida East Coast Railway b. Legal: See surveys attached c. Indian River County Parcel Number: 31- 39 -20- 00000 1000 00016.1 31- 39 -20- 00000 1000- 00019.1 31- 39 -20- 00000 1000- 00020.0 d. Acreage: 5.9 acres 4. Project Owner: Bridgeton Real Fund 1, LP 2801 Flight Safety Drive Vero Beach, FL 32960 (772) 567 -0888 5. Project Agent: same as engineer (below) fax: (772) 567 -7760 6. Project Engineer: Geoffrey Barkett Schulke, Bittle Stoddard, LLC 1717 Indian River Boulevard, Suite 201 Vero Beach, FL 32960 (772) 770 -9622 fax: (772) 770 -9496 7. Project Surveyor: William E. Hayhurst Hayhurst Land Surveying, Inc. 843 8th Street Vero Beach, FL 32962 (772) 569 -6680 fax: (772) 770 -3446 8. Project Description a. Narrative of proposed action: Bridgeton Real Fund 1, LP, has filed an application for annexation of three parcels of land located south of Vickers Road, between Breezy Village Mobile Home Park and the Florida East Coast Railroad. Two of the parcels, labeled as 1 and 2 on the attached map, have a county land use designation of M -2 (Medium- Density Residential -2 up to 10 units per acre) and a county zoning designation of RMH -8 (Mobile Home Residential up to 8 units per acre). The third parcel, labeled as 3 on the attached map, has a county land use designation of C/I (Commercial /Industrial) and a county zoning 2 c. Adjacent Properties designation of CH (Heavy Commercial). In conjunction with the annexation request, the applicant has requested a city land use designation of IND (Industrial) and a city zoning designation IN (Industrial) for all three parcels. Two of the parcels (labeled as 1 and 2 on the attached map) are vacant. The third parcel (labeled as 3 on the attached map) has several existing warehouse buildings. b. Zoning: Current: RMH -8 (County) and CH (County) Requested: IN (City) d. Site Characteristics (1) Total Acreage: 5.9 acres (2) Current Land Use(s): vacant and warehouses (3) Soil: Immokalee fine sand Astatula sand (4) Vegetation: primarily grass, some trees along railroad right -of -way (5) Flood Hazard: X (6) Water Service: Well (existing warehouse) (7) Sanitary Sewer Service: On -site septic system (existing warehouse) (8) Parks: Schumann Park 1 mile (9) Police /Fire: Fire Station 3.5 miles Police Station 3 miles 9. Future Land Use: Current: M -2 (Co) and C/I (Co) Requested: IND (City) 10. Comprehensive Plan Consistency: Several issues identified in the Comprehensive Plan must be considered when evaluating this land use amendment. 3 Zoning Current Land Use Future Land Use North: IN (City) warehouse IND (City) East: CH (Co) vacant C/I (Co) South: RMH -8 (Co) mobile home park M -2 (Co) West: RMH -8 (Co) mobile home park M -2 (Co) c. Adjacent Properties designation of CH (Heavy Commercial). In conjunction with the annexation request, the applicant has requested a city land use designation of IND (Industrial) and a city zoning designation IN (Industrial) for all three parcels. Two of the parcels (labeled as 1 and 2 on the attached map) are vacant. The third parcel (labeled as 3 on the attached map) has several existing warehouse buildings. b. Zoning: Current: RMH -8 (County) and CH (County) Requested: IN (City) d. Site Characteristics (1) Total Acreage: 5.9 acres (2) Current Land Use(s): vacant and warehouses (3) Soil: Immokalee fine sand Astatula sand (4) Vegetation: primarily grass, some trees along railroad right -of -way (5) Flood Hazard: X (6) Water Service: Well (existing warehouse) (7) Sanitary Sewer Service: On -site septic system (existing warehouse) (8) Parks: Schumann Park 1 mile (9) Police /Fire: Fire Station 3.5 miles Police Station 3 miles 9. Future Land Use: Current: M -2 (Co) and C/I (Co) Requested: IND (City) 10. Comprehensive Plan Consistency: Several issues identified in the Comprehensive Plan must be considered when evaluating this land use amendment. 3 Policy 1 -1.5.4 General Considerations for Locating Industrial Development states "The allocation of land resources for industrial development shall be responsive to the location and space requirements of industrial activities and potential fiscal and environmental impacts on the City of Sebastian. The location and distribution of specific types of industrial activities shall be determined based on the following considerations: a. Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail, air, or trucking for distribution of material and goods; b. Anticipated employment generation, floor air requirements and market area; c. Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air pollutants, glare, noise and odor, or generation of hazardous by-products; d. Impact on established as well as anticipated future development and natural systems; and e. impact on existing and planned public services, utilities, water resources and energy resources." The location of the parcels along the Florida East Coast Railway, as well as the close proximity to U.S. Highway 1, a state arterial roadway, provides good location for industrial development. The development of the vacant parcels will require connection to public water and sewer, improved stormwater systems, and landscaping to meet current land development regulations, and mandatory buffering from the residential mobile home park to the west. Policy 1 -1.5.3 General Pattern of Industrial Land Use of the City's Comprehensive Plan Future Land Use element states "The City of Sebastian Airport and environs contains the principal area for future industrial activity. A secondary industrial concentration is situated along the FEC Railroad at CR 512. Lesser concentrations of industrial development are situated along other segments of the FEC Railroad. A high priority shall be given to reserving strategically located lands adaptive to the unique location requirements of industry. Industrial sites shall generally be allocated in areas accessible to rail corridors or near airport facilities." The subject property is located west of the FEC Railroad. 11. Conformance with Code of Ordinances: The proposed rezoning and land use amendment is consistent with the Code of Ordinances. 12. Changed Conditions: The applicant wishes to develop the two vacant parcels as industrial, similar to the existing development on the third parcel. With the land use and zoning designations presently established by the County, these parcels would be slated for residential development, which is problematic because of the FEC Railroad. 13. Land Use Compatibility: The contiguous City land to the north has a land use and zoning designation of Industrial. The proposed annexation is requesting the same. Also, regulations in the Sebastian Land Development Code establish mandatory 4 buffering requirements for the future development of the parcels next to Breezy Village Mobile Home Park. 14. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. Public utilities (water, wastewater) are available. Additionally, on -site stormwater management will be required as an essential element of a future development. 15. Natural Environment: Future development of the vacant parcels will be required to provide requisite open space, landscaping and tree protection as required by the Land Development Code. 16. Economic Effect: The property is not currently within the corporate limits of the City of Sebastian. Annexation will provide an additional 5.9 acres of industrial land area, which in turn creates an expanded tax base for the City of Sebastian. 17. Orderly Development: The proposed land use amendment provides for orderly development given the location of the site adjacent to industrial property and the availability of sufficient public facilities and access. 18. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to create a general pattern of industrial land use. The location of the parcels along the FEC Railway, as well as the close proximity to U.S. Highway 1, a state arterial roadway, provides good location for industrial development. Being adjacent to other industrial uses in the City facilitates orderly development within the area. 19. Other Matters: The applicant also owns three additional parcels to the east, on the south side of Vickers Road. Since these parcels are not contiguous to the other Bridgeton properties, or to Sebastian city limits, they cannot be considered for annexation at this time. However, the owner agrees to annex the additional property when those parcels become contiguous to the city boundaries. The requested comprehensive plan land use map amendment for the 5.9 -acre proposed annexation is a small scale amendment (under 10 acres), and will not be reviewed by the Department of Community Affairs (DCA). 20. Conclusion: The requested land use designation of IND (Industrial) and the requested zoning designation of IN (Industrial) are consistent with the Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances. 21. Recommendation: On December 4, 2009, the Planning and Zoning Commission held a public hearing regarding the land use and zoning amendments. In response to concerns of residents in the Breezy Village Mobile Home Park, the Commission recommended approval of the land use and zoning changes for the property, subject to a covenant running with the land that would restrict certain uses allowed in the industrial district. The petitioner agreed to restrict some of the industrial uses and has prepared a covenant which is attached to Ordinance 0 -09 -06 as "Exhibit B Staff recommends approval of the requested annexation, and also recommends that the 5 PRERARED annexed land be given a land use designation of Industrial (IND) and a zoning designation of Industrial (IN). 6 I/- 7 DATE Breezy Village (Mobile home park) Unincorporatect w Whispering Palms Mobile Home Park (Unincorporated) 11111 12 nor ..1 omp 0 Ilr ilg. MI t 1 Ix mor NV n. IIII sr Rip. me.. 11114 III mil 4sit el. iNi ION "I Ilsidirr ‘111 OM 41 .1 IN IP' Bridgeton Parcels itello*. rimy 4 s4.41,1 ;lot cif f1 41111- 411 tr se Publix Shopping Center (US 1 at Barber St) HOME OF PELIC_AN 15L0 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 4, 2008 Chmn. Paul called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: Mr. Paul Mr. Dodd Mr. Hepler Mr. Buchanan EXCUSED: Mr. Srinivasan ALSO PRESENT: Mr. Simmons Mr. Blais Mr. Neuberger Mr. Cardinale Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, Interim City Attorney Dorri Bosworth, Zoning Technician ANNOUNCEMENTS: Chmn. Paul announced that Mr. Srinivasan is excused and Mr. Hepler will be voting. APPROVAL OF MINUTES: Regular Meeting of 11/06/08 MOTION by Dodd /Cardinale to approve the P &Z meeting minutes of 11/06/08. Motion was approved unanimously on roll call. OLD BUSINESS: NONE NEW BUSINESS: PUBLIC HEARING RECOMMENDATION TO CITY COUNCIL LAND USE AMENDMENT REZONING (FOR PROPOSED ANNEXATION) PARCELS LOCATED SOUTH OF VICKERS ROAD AND WEST OF US HIGHWAY #1, ADJACENT TO BREEZY VILLAGE MOBILE HOME PARK REQUEST FOR IND (INDUSTRIAL) ZONING Chmn. Paul opened the hearing and asked for staff comments. Ms. King reviewed the staff report. She explained that the original request was for six parcels however, three had to be removed from the request as they are not contiguous to our city limits. The total acreage for the three parcels is 5.9 acres. Ms. King noted an error on page 3 of the staff report on the adjacent property to the north it is noted as commercial general but in actually is industrial. Staff recommends approval of their request for an industrial land use and zoning designation. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 4, 2008 Mr. Dodd asked about a paved driveway towards the back of the parcel. Ms. King deferred to the applicant. Geoffrey Barkett of Schulke, Bittle Stoddard, Vero Beach, addressed the commission. He said it is an old driveway to the existing mini- storage and not a right -of -way. There was discussion about what use would be allowed and done with the industrial designation. Mr. Neuberger visited the site and was concerned about the condition of vehicles stored on it. Mr. Hepler was concerned about the residential zone near the site. Mr. Cardinale asked about the Liberty Park subdivision in relation to this site. Mr. Simmons asked if the zoning request was an all or none issue for industrial. Ms. Grohall explained that staff recommends industrial for the three parcels that are contiguous to the existing industrial. Mr. Barkett said all three. Mr. Blais continued with the question and asked Mr. Ginsburg if the zone designation is for all three or each one. Mr. Ginsburg said it would be at the commission's discretion. The following people spoke: Beverly O'Neil, 9790 61 Place, Breezy Village Mobile Home Subdivision, concerned about having an industrial zone next to their residential site. Mr. Simmons asked why the applicant did not just try to rezone within the county: Mr. John Malik, 2190 47 Terrace, Vero Beach, property owner, said he had discussed this with the county two and a half years ago and at the time they were willing to change the zoning but couldn't because of the commercial node in the general area wasn't used up enough. They, the county, suggested he approach the City of Sebastian. Tim Snarey, 9775 61 Way, Breezy Village, wanted an explanation of how a street is considered to be contiguous. Ms. Grohall said roads are considered contiguous between parcels. Mr. Dodd and Mr. Blais were concerned about the possibility of other industrial uses that could be put on these parcels if annexed. Mr. Buchanan asked if this was not annexed and rezoned what would the zone be. Ms. King said it is currently multi family in the county however, that poses a problem due to its very close proximity to the railroad tracks. Mr. Hepler asked if a deed restriction or caveat could be placed on the 'property so it would only be used as a storage facility as stated by the property owner. Mr. Ginsburg said that would be accomplished by a voluntary covenant coming from the property owner that would restrict his use of the property. MOTION by Hepler /Simmons to approve staff recommendation subject to an appropriate covenant running with the land that restricts it to the storage uses described by the applicant as noted in the staff report. ROLL CALL: Mr. Blais no Mr. Dodd no Mr. Paul yes Mr. Cardinale yes Mr. Simmons yes Mr. Hepler yes Mr. Buchanan yes The vote was 5 -2. Motion passed. CHAIRMAN MATTERS: 2 Regular City Council Meeting November 18, 2009 Page Four 11. PUBLIC INPUT (Procedures on Back of Agenda) Bruce Zingman said he had received notice that Santa Claus is coming to town! He announced that the Christmas parade will take place along Indian River Drive from Main Street to Riverview Park on Saturday, December 5, 2009 from 6 pm to 9 pm and is sponsored by Sebastian Chamber of Commerce, GFWC Women's Club, Sebastian Property Owners, and Sunny's Model Trains; that the parade will deliver Santa to his house in Riverview Park, and that participants can contact the Chamber at 589 -5969 or visit them at 700 Main Street. Damien Gilliams, 1623 US Highway 1, said he had an unusual occurrence this week, with Council Member Coy attempting to stop him from transporting his personal property and asked if this is a new Council policy. Mr. Hill called a point of order noting this is not a function of Council, and that he should take it up with that individual. Mayor Gillmor told Mr. Gilliams to pick another subject. Mr. Gilliams said Ms. Coy required him to address her at the dais, and Ms. Coy said this is not for the board and asked that we move on without extraneous comments. Mr. Gilliams called a point of order and he was told this is a civil matter. Mayor Gillmor again asked him to pick another subject, and gave him a first warning. Mr. Gilliams said the Public Information Officer made an incorrect statement to the press, said he had been invited by the property owner to come on the property, and the PD should get its facts straight. Mr. Gilliams asked why New Business was added to the CRA agenda and Ms. Monier was allowed to speak, said he had raised his hand to speak and was not called upon and asked if the Mayor was discriminating against him. Mayor Gillmor said he thought Mr. Gilliams was scratching his head. Mr. Gilliams congratulated Mr. Wright, Mr. Wolff, and Ms. Coy on their election. 12. NEW BUSINESS 09.152 A. First Reading Ordinance No. 0 -09 -06 Petition for Voluntary Annexation by 37 -70 Bridgeton Real Fund 1, LP for a 5.9 Acre Parcel Set Public Hearing for December 16, 2009 (GMD Transmittal, 0- 09 -06, Letter, Staff Report, Map, P Z Minutes, F.S.171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 5.90 ACRES, MORE OR LESS, LYING SOUTH OF VICKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLIT; PROVIDING FOR EFFECTIVE DATE. 4 Regular City Council Meeting November 18, 2009 Page Five The City Attorney read Ordinance Nos. 0- 09 -06, 0- 09 -07, and 0 -09 -08 by title. He said they could be discussed together but should have separate motions. He advised that during its hearing, Ordinance No. 0- 09 -08, rezoning, will be treated as quasi judicial but would not be tonight. Mr. Wright said there is a mobile home park close to the railroad, and directed Council to the Planning and Zoning Commission motion on circle page 68 of the packet which included a reference to a covenant that was not available to the Planning and Zoning Commission at the time they took action on the issue, noted the covenant is substantially different than what their motion indicated. He asked if the covenant should go back to the Commission to see if it meets the intent of what they had in mind when they made their motion. Mr. Wolff agreed with Mr. Wright and asked what the intent of the annexation was, and what does the City allow that the County doesn't. The Growth Management Director said the applicant is here, staff believes the intent of Planning and Zoning has been met and read from page 22:39 LDC Industrial Activities, and advised that if the property came into the City, the City would have greater control than if it remained in the County. Mr. Wolff asked why the County does not want this use and the Growth Management Director said they weren't interested in changing the land use. The Growth Management Director noted one parcel was currently IRC Commercial Heavy and one was Mobile Home and Ms. Coy reminded Council that the County was also not willing to work with Shady Rest on their requested land use change. Mayor Gillmor said you can't so prohibit that they can only build warehouses. The City Attorney said on the P Z question, when he was asked how P Z could be assured that the use would be something along the lines of storage, his response was that it can be dealt with in a restrictive covenant, though we cannot write it. He said the property owner is voluntarily restricting the uses and noted there is a difference in the P Z motion and the covenant. He said it is within the discretion of Council to approve or deny, defer back to P Z, or hear from applicant. Mr. Wright said he was in favor of the annexation but was concerned people were given assurances of what was going to happen and he did not see that in this covenant, and has had questions about covenant enforcement if the property changed hands. He said he was not sure of any urgency to approve this and would rather have it deferred back to P Z. Ms. Coy asked if we can we can give it initial approval, send it back to P Z in the meantime and still schedule the hearing. Mr. Wolff said he was generally in favor and agreed with Ms. Coy. The City Attorney advised Council could pass this on first reading, and advised the covenant runs with the land even if it is taken by a mortgagee. 5 Regular City Council Meeting November 18, 2009 Page Six MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve Ordinance No. 0- 09 -06, petition for voluntary annexation by Bridgeton Real Fund 1, LP for a 5.9 acre parcel and set public hearing for December 16th, 2009. The City Attorney said we could have the item go back to P Z on December 3rd with final hearing December 16 Mayor Gillmor called for public input, and received no response. Result of roll call: Ayes: All Nays: None Passed 5 -0 09.152 B. First Reading Ordinance No. 0- 09 -07- Land Use Amendment for Bridgeton 71 78 Real Fund 1, LP 5.9 Acre Parcel Set Public Hearing for December 16, 2009 (GMD Transmittal 0- 09 -07, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INDUTRIAL (IND) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL -2 (M -2) AND COMMECIAUINDUSTRIAL (CA) FOR LAND CONSISTING OF 5.90 ACRES, MORE OR LESS, SITUATED SOUTH OF VICKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Hill to approve first reading of Ordinance No. 0 -09 -07 land use amendment for Bridgeton Real Fund 1, LP for a 5.9 acre parcel and set public hearing for December 16th, 2009. Result of roll call: Ayes: All Nays: None Passed 5 -0 09.152 C. First Reading Ordinance No. 0 -09 -08 Zoning Amendment for Bridgeton Real 79 -86 Fund 1, LP 5.9 Acre Parcel Set Quasi Judicial Public Hearing for December 16, 2009 (GMD Transmittal, 0- 09 -08, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF INDUSTRIAL (IN) FOR ANNEXED LANDS WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MOBILE HOME. 8 UNITS PER ACRE (RMH -8) AND HEAVY COMMERCIAL (CH) FOR LAND CONSIDITING OF 5.90 ACRES, MORE OR LESS, SITUATED SOUTH OF VIKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; PROVIIDNG FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 6 Regular City Council Meeting November 18, 2009 Page Seven MOTION by Ms. Coy and SECOND by Mr. Hill to approve first reading Ordinance No. 0 -09 -08 zoning amendment for Bridgeton Real Fund 1, LP for a 5.9 acre parcel and set quasi judicial public hearing for December 16, 2009 Result of roll call: Ayes: All Nays: None Passed 5 -0 The City Attorney advised a final motion to send the items back to P Z before it comes back to Council on December 16 MOTION by Mayor Gillmor and SECOND by Ms. Coy to have P Z review the covenant before it comes back to Council on December 16 Result of roll call: Ayes: All Nays: None Passed 5 -0 09.153 D. Award Nuisance Abatement/Lot Mowing Contracts to Staff Recommended 87 -98 Vendors as Listed on an As- Needed Basis (City Manager Transmittal, Sample Contract) The City Manager recommended approval as set out in the transmittal. Mr. Wolff asked about Absolute and Greener Pastures, noting the vast difference in costs. The City Manager some costs are artificially low, if one doesn't perform we can use another, noting we will have to rotate to keep this working and will do our best for as little as possible. Mr. Wright cited page 97 of the packet regarding insurance provisions in the contract, whereby it requires the insurance be from an A+ rated company, expressing doubt that any of these companies have A+ rated insurance. The City Manager offered to strike that provision. Mr. Wright said the City Attorney could give advice to make sure insurance companies are acceptable. The City Attorney suggested adding "or as otherwise acceptable to the City," and said we may be pleasantly surprised to find that they are able to get these ratings. MOTION by Mayor Gillmor and SECOND by Ms. Coy to approve with the amended language. Damien Gilliams said this the mowing issue is mostly property foreclosures and asked why we do not have a requirement that banks have to register with the City, and Mayor Gillmor said that is an excellent idea, and he may have information on that from the FLC conference. 7 JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E. WILLIAM P. STODDARD, Ph.D., P.E. July 17, 2008 Rebecca Grohall Growth Management Director City of Sebastian 1201 Main Street Sebastian, FL 32958 Dear Ms. Grohall, Sincerely, Geoffrey I arkett SCHULKE, BITTLE STODDARD, L.L.C. CIVIL STRUCTURAL ENGINEERING LAND PLANNING ENVIRONMENTAL PERMITTING Re: Request for Annexation 9.21 Acre 6 Parcels, South Side of Vickers Road Please accept this letter and attachments as an application for the City of Sebastian to consider voluntary annexation of the property described in the enclosed legal descriptions. The property has a total area of approximately 9.21 acres and is bounded on the north and the south by the limits of the City of Sebastian. Enclosed please find the following attachments 1. Check for $3,750.00 to cover the annexation application fee 2. Legal Description on 8- 1./2 "xl1" 3. Signed and Sealed Surveys 4. Warranty Deed for the properties 5. Letter of Authorization Concurrent with this application for annexation, we are also submitting to the City of Sebastian an application for Comprehensive Land Use Amendment. Parcel 1 currently has a land use designation of M -2 (10 units /acre) within Indian River County and we are requesting a designation of IN within the City of Sebastian. The zoning for this parcel within Indian River County is currently designated as RMH -8. We will be requesting and submitting to the City of Sebastian an application for a rezoning of Parcel 1 and 2 to IN (as requested by the City of Sebastian) and a rezoning of Parcel 3 5 from CH or CG to CG within the City of Sebastian (please see attached table). Also, please find attached a list of all homeowners within 300' of the proposed parcels. Should you have any questions or need any additional information, please do not hesitate to contact me. 1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 TEL 772 770 -9622 FAx 772 770 -9496 EMAIL info @sbsengineers.com City of Sebastian HOME OF PELICAN ISOM° Deve 10 Permit Application No. Owner (If different from applicant) Name: Br?' 3 e heal f uwc/ Address: Phone Number: 'A` �t 0T E I� 7 t F Veto be (]eccf! )�C� F 3z%o 76D E -Mail: N A Title of permit or action requested: GOYI Plan Avner /Aim+ (Good t(se 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 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. DATE RECEIVED: 7 i7/ D g FEE PAID: )500 RECEIVED BY: GB Pia I P cC- 4 /z/ /5- Applicant (If not owner, written authorization (notarized) from owner is required) Name: a ri I�q' f'U►1 d f G G' �O SC Ue 1�'�C' �1- ���Aa t/'� L. Address: 1 7)7 .,R. iiiv4 S +ct zol Address: 99 S+1 W e sf ac PTAs T C s Phone Number: (-p 7 7 0 ci 6 Z Z FAX Number: 771 770 9491 E Mail: car eit a sBseyljnfers cor C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): tuej Q lAvIci use (UM e as out i v1 a Ha'Acd -/ii b/e and Ma City of Sebastian HOME OF PELICAN ISOM° Deve 10 Permit Application No. Owner (If different from applicant) Name: Br?' 3 e heal f uwc/ Address: Phone Number: 'A` �t 0T E I� 7 t F Veto be (]eccf! )�C� F 3z%o 76D E -Mail: N A Title of permit or action requested: GOYI Plan Avner /Aim+ (Good t(se 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 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. DATE RECEIVED: 7 i7/ D g FEE PAID: )500 RECEIVED BY: GB Pia I P cC- 4 /z/ /5- A. Project Name (if applicable): A- B. Site Information Address: 99 S+1 W e sf ac PTAs T C s Lot: Block: Unit: t i bdiyision: 5ee ciTI-Gc (e9a f 5 Indian River County Parcel see Ri+ached "Mbie Zoning Classification: Future Land Use: See M coed S ee 4f/alcied Existing c Proposed Use: VAcayii IAwi S Chang So Me C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): tuej Q lAvIci use (UM e as out i v1 a Ha'Acd -/ii b/e and Ma City of Sebastian HOME OF PELICAN ISOM° Deve 10 Permit Application No. Owner (If different from applicant) Name: Br?' 3 e heal f uwc/ Address: Phone Number: 'A` �t 0T E I� 7 t F Veto be (]eccf! )�C� F 3z%o 76D E -Mail: N A Title of permit or action requested: GOYI Plan Avner /Aim+ (Good t(se 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 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. DATE RECEIVED: 7 i7/ D g FEE PAID: )500 RECEIVED BY: GB Pia I P cC- 4 /z/ /5- 1, Gleocrel rlle BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER v I AM THE LEGAL R PRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURA1E AND TRUE TO THE B,ST OF MY KNOWLEDGE AND BELIEF. SW W 0 AND SUBS AS IDENTI A ION, THIS .7 /E /A) D/jTE C NOWN TO ME OR PRODUCED BED BEFORE ME BY NOTARY'S SIGNATURE PRINTED NAME OF NOTARY 1/�Z�J'pc COMMISSION NO. /EXPIRATION SEAL: DAY OF 0Cfl( 20 0-01, zzoge CHERRYL ANN GIBSON MY COMMISSION DD500828 f EXPIRES: De ember 30, 2009 OF F■ 19063- NOTARY Fl. Not..ry Discount Aso Co. WaPJWW %,1f Permit Application No. D. Project Personnel: Agent: C tt 5611 41 ICC 8 i+ C 4 54o d ria ci Li. C Address 1 /-IR ({Ud, Sic, zbi Phone Number: (7-72 -J70 96 Z Z FAX Number: (77a 770 c,¢g(,, E -Mail: 9borKeif sk enl i4terS1 CO 6/ Attorney: Name: N i A Address Phone Number: FAX Number: E -Mail: Engineer: Name: 3q»ic q5 agen f Address Phone Number: FAX Number: E-Mail: Surveyor: Name: i h A r5 y Luc} SUrlitylHi Address 84 8 S� r Ve ro eeaC),‘ FL 3z9 Phone Number: (-772) S69 '6 go FAX Number: (772) 770- 3 44 E -Mail: 5 Uru ey Vero C.l Co i cool 1, Gleocrel rlle BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER v I AM THE LEGAL R PRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURA1E AND TRUE TO THE B,ST OF MY KNOWLEDGE AND BELIEF. SW W 0 AND SUBS AS IDENTI A ION, THIS .7 /E /A) D/jTE C NOWN TO ME OR PRODUCED BED BEFORE ME BY NOTARY'S SIGNATURE PRINTED NAME OF NOTARY 1/�Z�J'pc COMMISSION NO. /EXPIRATION SEAL: DAY OF 0Cfl( 20 0-01, zzoge CHERRYL ANN GIBSON MY COMMISSION DD500828 f EXPIRES: De ember 30, 2009 OF F■ 19063- NOTARY Fl. Not..ry Discount Aso Co. WaPJWW %,1f 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/VVE, 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/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I /WE MAY HAVE, DUE TO THE QUASI JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS PR IVER AND CONSENT IS BEING SIG SIG ATURE Sworn subscn a before me by i 72t42-.4 P who s personal) to me or produced as identiTrca Ion, this day of eIl c' 20 L ��l. l to. gIMZ alr Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: eYN CHERR GIBSON COMM SS10N k DD5008.8 _eo' EXPmES: December 1906' 4 OTMY Ft Notary t Co. BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 7 /?J DAT Permit Application No. Supplemental Information IICAtE QF PELICAN RAND Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. Permit Application No. X 1. Current land use map designation: A4- Z avid c 2. Proposed land use map designation: �/U ctvtd C G 3. Size of project in acres: q ►Z X 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. Propose d. 0,i.pytiN,65►Ue 1 5I i anccndr>1eh- k c0w5i 4 u.s, I4► s M TY0 L414'1i1 hold 645e- Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? k5) re ties+ cor 7Y)nekqll' irtd a rezOinivw1 reztie5f airs 6613 .5(4441 ltd wl 1AIS qp 1bi tai-; 1 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? ?e5, rt teeSi rr a`ttiE),YO on arl Y`CZ4i'ff kty l`C I r i are hecv 5 Uhltl `e' W 1 fA IS 0rl,P0011617 OY) Permit Application No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? Aiov t) �ecue5t' oytoeyo +la Lyn i 3)ed C'» C L Y' PN+ w l Comp Y'e)en 've p k ri ar end rm t vri- 8. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? �e.5 7 e ,p rr yo e d land USe IAM5 eeltAttlfeti by Ale e 4y c se6aa6 t'44n ca kw,/ c�5� c an5t's+-4 u»'+1 the 5urrdu id, rt c' x9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? (e5 FXj 5•f -i tnC bu;Idi J s wilt ady servcci by p It "r Rid (0J Sewer, X 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so", describe the impact. ,/00 Pa o- -4\e SAL' 5 akemly bu± wii� e reYyia► idty (s a rciall 1. 'c 9 r s 4Td uor'441 rro oppatti+ vivironn4rtfizil con rea 5 e1)/ B ern 5 Permit Application No. 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. Po -khe p►^opicb9a0d 1■5e iS Co i siSk me stArrouvidt areas and was ■'cCa»t.o4evIcle4 lox 61- oc'► C tial5 x 12. Does the proposed amendment result in an orderly development pattern? If not, describe. 1 i 5 u7,(! a)fOW 'M xu} e 4er dPlith4p +he properfy cfm1 /5 errs- wi-t t rte app /l'Cavl+ &vited he ONAC)ted o be.',. 'o ed PI 13. Attached the following: X a. A verified statement showing each and every individual person having a legal and /or 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 principal executive officers will be sufficient. 11 b. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the property for which the land use amendment is being requested. 1- B. Site Information Address: 99 cj I`" <4 W e5-f Q-e ).Q T: c S Lot: Block: Unit: Subdivision: See attac fern 1 Indian River County Parcel Sez apache, jelbir Zoning Classification: Future Land Use See Allot) 1 :le see MOM '(Aaie Existing Use: Prnoosed Use: ,1 See 4 -11"CAC �tt See Aff ad.)Q( n en au h or►zat►on knotanzea) 'from owner is required) Name: 1 n 1 j 'e E e 1 Q Ot' i' i d 1 LP )0) M F C, )fit ie 4- bdic(� Y d Addre18Y4- i /7/7 �./g. I3 i d She, 201 vent 1 eae It FL_ 3 2?6 0 Phone Number: )772-770 az Fax Number: 77Z 77 9 0 94 E- Mail: 2 )za e 5AG (Ati,'Y eerLs .c'.oyr Owner (if different from applicant) Name: $r;c11(\oY )Qea) llo 1 t P Address: 33o via` con `4�d Vero L 3Z%0 Phone Number: )"177- S',1,7-0 et-P- Fax Number: 772 7- 77� 0 E -Mail: Type of permit or actin requested: .11 NeztN,� Q .IC (tz_i City of Sebastian Development Order Application A pplic ant (if n owner w tt t Permit Application No. 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 8 1/2" x 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if applicable): 'A C. Description of proposed activit and purpose of the requested permit or action (attach extr sheets if necessary): e 5f r Z d I^ rN 4C C m b g )a>no� aseac>n�r� Y■ fe ayli^exa Iev► haue i trn: ;;eC( C!orlc:tAY'Y'Pn'i -1 DATE RECEIVED: 7 1 2 C.A r FEE PAID: )Z5 BY: L.B Lt /aJltf- D. Project Personnel: Agent: Name: iA I 1C fi i it e e 51 clr1q r Cl L. Le- Address /7/7 :1 8) ucf 5 zc: U`e re retch FL 3 ZTh 0 Phone Number: (77z) 770 9? Z FAX Number. 77Z. 770 74- E -Mail: be i -f f c sh ,COPT Attorney: Name: Address Phone Number: FAX Number: E -Mail: Engineer: Name: cirYfe_ 05 ci3e n Address Phone Number: FAX Number: E -Mail: Surveyor: Name: t ii- C ficiyhttmt La 5ccrU' y) :r13 Address 134;3 `3 I) et', 6,ectch �L 3Lr36 z Phone Number: (777-) SL, q C0650 FAX Number: (77Z- 770 340 E -Mail: Sclruey J rQ e col ec m 1 alto y 1��ar" f 1e W BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X 1 AM THE LEGAL R PRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCUR TE AND TRUE TO THE; BEST OF MY KNOWLEDGE AND BELIEF. S O AND SUBSCRIB: D BEFORE ME BY k4 WH• ""NOWNTO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF,.7 y NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: C /v CaRRv h l oMV GIBSO DD 30 20g9 DATE 20 P1 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/WE, THE OWNERS) THE LEGAL REPRESENTATIVE OF THE OWNERS) 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. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME /US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PRO MADE, BY s. 64PLOYEE, A CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. ��Af ter► I emu SIGN TU S nown to me or produced as identi 1 -Ion, this day of Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: ribed before me by DATE 29 CHERRYL ANN GIBSON MY COMMISSION DD500828 EXPIRES; December 30, 2009 of c+.� 1. a).3 NOTARy Fl. Notary Discount Assoc. Co. Permit Application No. J X 3. Explain how the proposed rezoning is in with applicable substantive Code of Ordinances. l 4.0 conformance requirements of the City of Sebastian �ez� WL 1 4 h. ,I 11 O. X 4. What land use and development changes have occurred since relevant to t a► the effective date the proposed tI�'4 Q_- of the comprehensive plan which are amendment? �e i) a 1 j u 1 gt bete r (4� d e R t� HOME OF PELICAN ISLAND icuim 1FN' Supplemental Information Rezoning Request Permit Application No. ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Proposed zoning: C l' X 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. 14k oYe 01 S!Abml 'n� a Iv( use n yoriloi CoY1('U�'revrt wl�{'! *h appiie6 -►ovl re�ues�/n I NOGG IaV1d use .,,vG,t'C`h 1.4:1) it' COMM-Ale le W r't° Js�iYIA 5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City- j'� 7• i ‘pull b* CUra t0.1 'NV() p \uldi w e d-@1i 6. Are there adequate public facilities to serve the proposed and use? \IN1 petu utlknei Heowq fe1-rm ?i\ste, V Describe how the proposed rezoning will result in an orderly development pattern. S e EttNikil MI ialio 4 e afuel A AM pe -t.,{ ('R13Si -10 A1if app1►Cr G ii oide 40 -4) COWAOU peapeid- 1iNt o) -le c Mart. Permit Application No. 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment R niff0k1 tieq kai lsa vrd r+�+h >uO ►4 eVAcieaul I (`NJ Oi�► -ESE' 1 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the cit A izeou -i all t \I NAt ,i hR DV, n -i-W 4h 's ikeo -k(x i i t\ 1I ,ie t e 4-pax base I? e CeAg44 J opo1he-e will be oat e �du J V10_ Attach the following: X a. A verified statement showing each and every individual person having a legal and /or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the property to be rezoned. Parcel size in acres 4.5, acres I SazoC 17' t Proposed C.O.S. Land Use 4 Proposed C.O.S. Zoning j asn Pu'I 2u! spta Z JAI I/D 2nmo2 upspca DTI 8 HIS 'oNNI QI "X Pond 31- 39 -20- 0000 01000 00016.1 00019.1 0'0Z000 Iaand 1. Property Owner: 2. Contractor: 3. Requested Action: 4. Project Location: 5. Current Zoning: 6. Re Findin area SEB4ST HOME OF PELICAN ISLAM Growth Management Department Accessory Structure Staff Report Patricia Powers Coast to Coast Builders Approval of a 24' X 28' detached garage 106 High Court Lot 9, Block 560, Sebastian Highlands Unit 16 RS -10 Current Land Use: Single family Residence Does Comply Does Not Comply A. No accessory structure shall be constructed until the construction of the principal structure has been started. 1. House completed 1 c ig I or house under construction 2. Accessory structure to be located on same lot as principal structure yfe5 or located on second lot that has been combined with principal lot by a unity of title B. No accessory structure shall be located in any required yard (setback): 1. Front yard: No detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Principal structure setback is V/. $7' Accessory structure setback is t Z g3` 2. Front yard on corner lot: Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title with an interior lot that contains the principle structure. However, said accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS -10 zoning district, and in all other zoning districts shall meet required front yard setbacks. Secondary front yard setback is g2S' and proposed accessory structure front yard setback is (2R 1. Property Owner: 2. Contractor: 3. Requested Action: 4. Project Location: 5. Current Zoning: 6. Re Findin area SEB4ST HOME OF PELICAN ISLAM Growth Management Department Accessory Structure Staff Report Patricia Powers Coast to Coast Builders Approval of a 24' X 28' detached garage 106 High Court Lot 9, Block 560, Sebastian Highlands Unit 16 RS -10 Current Land Use: Single family Residence 2 Does Comply Does Not Comply t 3. Side yard: Required side setbac (D N V Accessory structure side setback is 1 4. Rear yard: The required rear yard D A detached accessory structure may encroach into the required rear yard, provided it meets all the follow a. It is a minimum 10 feet from the rear property line. Proposed accessory structure has a 71. i setback. t b. It is not in an easement. Rear easement and proposed setback is 31- S' c. It does not exceed 400 square feet in lot coverage. Proposed accessory structure is Co7 a square d. It does not exceed 12 feet in height. Proposed accessory structure is 1 i- S' feet in height. Accessory structures which are attached, or do not meet the above four requirements must meet the standard rear setback which is a Proposed accessory setback is C. No mobile home, travel trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. D. Applicant must expressly designate the type of the accessory structure (i.e. garage, shed, etc.) DC'TfiC.tft!f Cs/b A4E E. Must comply with all city codes. F. The height of accessory structure cannot exceed height of principal structure. House is approximately J3.5 and accessory structure will be 1 G. Attached or detached Quonset -type or style accessory structures are prohibited. H. A residential lot is allowed 5 square feet of accessory building area (cumulative) for every 100 square feet of lot area, up to a maximum 1000 square feet. Property square footage 16 x .05 Allowable sq.ft. of accessory structures 'MO Existing accessory structures 1 DO Proposed accessory structure (07 a Total existing and proposed "17 2 SF 2 7. Planning and Zoning Commission Review: Any attached or detached accessory building, carport or breezeway over 500 square feet in area must be reviewed and approved by the Planning and Zoning Commission utilizing the followin c riteria: Review fee has been paid: YES NO 1,,.,/ '�kivtr Fi 3 Additional Considerations: K C E-At.ci N 6-- ,rend *F No FILL Is BC7N 1-- ko- oSc3 F5'i 71tt Nato c="179A4s -E /gik)(1 U /h22'/ bRAI OV P� lr 15 ,J e F i2� l t 1 N ii27 N 4-- e Pi Trn 'r Prepared by Date 3 ii/ Qg/Oal Does Comply Does Not Comply A. Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal looking products. t7 B. The roof of the accessory building must have a minimum pitch of 3:12. ;i t C. Accessory structures 501 sq.ft. to 750 sq.ft. in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. D. Accessory structures 751 sq.ft. to 1000 sq.ft. in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways, as follows: 1 shrub for every 3 lineal feet and 24 inches in height at planting. Lineal dimension totals 3 N J �T Total Shrubs Required 7. Planning and Zoning Commission Review: Any attached or detached accessory building, carport or breezeway over 500 square feet in area must be reviewed and approved by the Planning and Zoning Commission utilizing the followin c riteria: Review fee has been paid: YES NO 1,,.,/ '�kivtr Fi 3 Additional Considerations: K C E-At.ci N 6-- ,rend *F No FILL Is BC7N 1-- ko- oSc3 F5'i 71tt Nato c="179A4s -E /gik)(1 U /h22'/ bRAI OV P� lr 15 ,J e F i2� l t 1 N ii27 N 4-- e Pi Trn 'r Prepared by Date 3 ii/ Qg/Oal 1 4 N 00 °07'23" W\ N 00 W 4 Z9 9Z NORTH C/L HIGH COURT 10.0' 21.65 41.4' S 00'00'00" E S 00 °05'15" E saminlas slay 3!ydewg sa,inias ruopenue6.10 pig sairddns 6uReuiwel 6 ar t 6u1ppai 45luawnooa 6uuulid 4llepads tieloN sa)inras X0100 pn j suoipnpay sluawa6Jelu3 6uinIy»y luawn sapyuaspew3 6uiuue)s 6wuoId.6uRwd 81.36' (S) 81.38' (P) 6' P.U. D.E. 1 -STORY FRAME RESIDENCE 106 6' P.U. D.E. D A 1 38.5' N_ N N m Q 131.38' (P) 131.38' (S) z-" O B u 0 1 44.59 O O O —1 0 D m -1 1 0 D F"- IS 00 w o z zo va c) <F c c :4 F rr O r W vi x z 1 8 0 s. 400 PS 241 T ITVAL SEE 111,1,1: 7 q ,1' O. }1. 4E1-Et $-f /WHC I4DMPN Rgr5V4I3994 -E7 F-- ce AF1.1 FLOOR PLAN A.LO M. oil pow 6CLEe f aK� tIEr- 110 R FP Iris >TA -11W J, 2-0 j r FT. HURR •.t 'R CODE COMPLIANCE Cal4T 101 flA LL E E A LL 26277 •`a ASG1? 1--e 1 U1 IMP 20115 RY•,U k' PERMIT INDIAN RIVER COUNTY PARCEL ID LOT: 9 BLOCK: .-5 WORK INCLUDES: STRUCTURAL BONDING COMPANY: ADDRESS: MORTGAGE LENDER: ADDRESS: FEE SIMPLE TITLE HOLDER: ADDRESS: HOME PELICAN 81. BUILDING DEPARTME 1225 MAIN STREET SE TELEPHONE: (772)589 -5537 FA) PERMIT APPLICATION ALL OF TIIE FOLLOWING MUST BE FILLED IN BY APPLICANT, AC lj Oita. TRACKING /I /li�l% DATE: RECEIVED c...�v /jam �,_�/S L(s" SUBDIVISION: A3 �li "FLOOD ZONE: TYPE OF WORK: NEW I I ADDITION [J AL l'ERATION I REPAIR 1 DEMOLITION ESTIMATED JOB VALUE: /45 C1O TOTAL S/F JOB NAME: JOB ADDRESS: /4' 6 /9 /f e4". PROPERTY OWNER'S NAME: /4' -i ADDRESS: /G 6 /✓i i j 4-1." CITY /STATE: d-,sv4 4 �L ,.72s �c CITY STATE: CITY /STATE: CITY /STATE: C/o rot te Coast Building Tox.orroW's Drtatns Tin(a+/. 1 4835 50th Drive Vero Beach, FL 32967 Phone: 772.360.8166 Fax: 772.794.4 cdalesl@comcast.net Builders o f ELECTRICAL I PLUMBING MECHANICAL Q ROOFING OTHER 0 WORK DESCRIPTION: D$ /A ty oG •�ivs✓� C ORDING TO FS 713.135 UNDER AIR PHONE: W 9 JAS" 7/ 7 7 ZIP CODE CONTRACTOR: 6 4, ed 4 ,5 LICENSE j 4- 0 ADDRESS: 9 d- 0,es PHONE: 772 ,?Go CITY /STATE: Yc/c4 FL 3 71'G 7 ZIP CODE /29 ARCHITECT/ENGINEER: szf t/om r ADDRESS: S/ S i c% CITY /STATE: a� .s f t GL r s +f ZIP CODE: i al' 9 f PRESENT USE: PROPOSED USE: OCCUPANT LOAD: PHONE: 77Z 2 °7 NUMBER OF: STORIES 1 1 BAYS 1 1 UNITS U BEDROOMS U HEIGHT 0 TYPE OF CONSTRUCTION: A.1; ®cL A:Y.1 OCCUPANCY TYPE: AREA IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? YES NO PHONE: PHONE: PHONE: 1 Florio Inc. Cris Dales CGC1508812 1 APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION IN THIS JURISDICTION. 1 UNDERSTAND THAT A SEPARATE PERMIT MUST BE SECURED FOR ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS AND AIR CONDITIONERS, ETC. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. A CERTIFIED COPY OF THE RECORDED NOTICE OF COMMENCEMENT SIGNED BY THE OWNER, SHALL BE FILED WITH THE PERMITTING AUTHORITY IF THE VALUE IS $2,500 OR MORE, EXCEPT HEATING OR AIR CONDITIONING CHANGE OUTS.LESS THAT $5,000. NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THE COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES. ANY CHANGE IN BUILDING PLANS OR SPECIFICATIONS MUST BE RECORDED WITH THIS OFFICE. ANY WORK NOT COVERED ABOVE MUST HAVE A VALID PERMIT PRIOR TO STARTING. IN CONSIDERATION OF GRANTS, THIS PERMIT, THE OWNER, AND THE BUILDING CONTRACTOR AGREE TO ERECT THIS STRUCTURE IN FULL COMPLIANCE WITH THE BUILDING AND ZONING CODES OF THE CITY OF SEBASTIAN. NOTE: THIS PERMIT APPLICATION IS VOID AFTER 180 DAYS UNLESS THE WORK, WHICH IT COVERS, HAS COMMENCED. ALL CONTRACTORS MUST HAVE A VALID STATE CERTIFICATION, STATE REGISTRATION, OR COUNTY COMPETENCY PLUS A COUNTY —WIDE LICENSE PRIOR TO OBTAINING PERMIT. ALL ADDITIONS AND /OR REPAIRS MUST HAVE HOMEOWNER'S SIGNATURE ON APPLICATION DATE: SIGNATURE OF OWNER /AGENT PRINTED NAME OF OWNER /AGENT The foregoing instrut Type id tificatiot produced: Official Sign., re of ary Public OR QUALIFIER'S OR rnfS Z DATE: Individuals who sign as the owner's agent must first obtain owner's written authorization to sign on their behalf STATE OF FLORIDA COUNTY OF as acknowledged befo e filo- this /3 day of /4‘014_ 20 p? by who is personally known or who has produced identification. ATURE 1 PRI TED NAM OF QUALIFIER Notary Public State of Florida Denise 0 Young My Commission DD686286 ?G" 7 /2011 3