HomeMy WebLinkAbout01172008 PZ AgendaQI1f OF
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HOME OF PEUGIN ISLAND
1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248
AGENDA
PLANNING AND ZONING COMMISSION
THURSDAY, JANUARY 17, 2008
7:00 P.M.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. ANNOUNCEMENTS:
5. APPROVAL OF MINUTES:
6. OLD BUSINESS:
7. NEW BUSINESS:
Regular Meetings of 12/20/07 8s 1/3/08
A. Public Hearing -Recommendation to City Council -Land Use Amendment 8s
Rezoning (for a Proposed Aanexation~- 13225 US Highway #1, Shady Rest
Mobile Home Park, north and adjacent to St. Sebastian Catholic Church -
17.15 Acres -Request for RMU (Riverfront Mixed Use) land use and CR
(Commercial Riverfront) zoning
8. CHAIRMAN MATTERS:
9. MEMBERS MATTERS:
Election of Chairperson and Vice Chairperson
10. DIRECTOR MATTERS:
11. ATTORNEY MATTERS:
12. ADJOURNMENT:
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.
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
DECEMBER 20, 2007
Vice-Chairman Paul called the meeting to order at 7:00 P.M.
The Pledge of Allegiance was said, and Mr. Paul asked for a moment of silence in honor
of Mr. Mahoney.
ROLL CALL:
PRESENT: Mr. Buchanan Mr. Cardinale
Mr. Dodd Mr. Paul
Mr. Blais
EXCUSED: Mr. Simmons
ALSO PRESENT: Dorri Bosworth, Zoning Technician
Linda Lohsl, Recording Secretary
ANNOUNCEMENT:
Mr. Paul welcomed new members Mr. Dodd and Mr. Blais.
APPROVAL OF MINUTES: October 4, 2007
MOTION by Cardinale/Buchanan to approve the minutes of October 4, 2007. A voice
vote was taken and the minutes were approved unanimously.
OLD BUSINESS: NONE
NEW BUSINESS:
QUASI-JUDICIAL PUBLIC HEARINGS -CONDITIONAL USE PERMITS -
MODEL HOME PERMIT RENEWALS:
1. 919 Landsdowne Drive -North-South Builders, Inc.
2. 1652 Barber Street - Ando Building Corp.
3. 609 & 611 Brushfoot Drive -Southern Classic Homes
Mr. Paul swore in staff. Ms. Bosworth presented the renewal applications. There have
been no code enforcement violations. Staff recommends approval for a period of one
year.
MOTION by Buchanan/Dodd to approve the conditional use permit for North-South
Builders, Inc. model home renewal at 909 Landsdowne Drive.
PLANNING AND ZONING COMMISSION
' MINUTES OF REGULAR MEETING OF December 20, 2007
ROLL CALL: Mr. Blais yes Mr. Cardinale yes
Mr. Paul yes Mr. Dodd yes
Mr. Buchanan yes
The vote was 5-0. Motion carried unanimously.
MOTION by Cardinale/Buchanan to approve the conditional use permit for Ando Building
Corp model home renewal at 1652 Barber Street.
ROLL CALL: Mr. Dodd yes Mr. Paul yes
Mr. Buchanan yes Mr. Blais yes
Mr. Cardinale yes
The vote was 5-0. Motion carried unanimously.
MOTION by Blais/Dodd to approve the conditional use permits for Southern Classic
Homes at 609 & 611 Barber Street.
ROLL CALL: Mr. Buchanan yes Mr. Blais yes
Mr. Paul yes Mr. Dodd yes
Mr. Cardinale yes
The vote was 5-0. Motion passed unanimously.
CHAIRMAN MATTERS:
Mr. Paul welcomed Mr. Blais and Mr. Dodd, and announced that there are still openings
to come in and fill out an application. Mr. Paul said that Mr. Mahoney will be greatly
missed.
MEMBERS MATTERS:
Mr. Buchanan wished everyone a Merry Christmas.
Mr. Dodd thanked the growth management staff for the introduction to the planning and
zoning board.
DIRECTOR MATTERS:
Ms. Bosworth welcomed Mr. Blais and Mr. Dodd. Ms. Bosworth reviewed upcoming
projects that will be presented to the Commission during the January meetings.
ATTORNEY MATTERS:
Mr. Paul adjourned the meeting at 7:15 p.m.
(1/3/07 LL)
2
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING
JANUARY 3, 2008
Vice-Chairman Paul called the meeting to order at 7:00 P.M
The Pledge of Allegiance was said.
ROLL CALL:
PRESENT: Mr. Buchanan Mr. Cardinale
Mr. Dodd Mr. Paul
Mr. Simmons Mr. Blais
ALSO PRESENT: AI Minner, City Manager
Rich Stringer, City Attorney
Rebecca Grohall, Growth Management Director
Jan King, Growth Management Manager
Dorri Bosworth, Zoning Technician
Linda Lohsl, Recording Secretary
ANNOUNCEMENT:
Mr. Paul wished everyone a Happy New Year.
APPROVAL OF MINUTES: NONE
OLD BUSINESS: NONE
NEW BUSINESS:
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QUASI-JUDICIAL PUBLIC HEARING -SITE PLAN -CITY OF SEBASTIAN
DOG PARK, SCHUMANN DRIVE (NEAR US HIGHWAY #1) -PARKING,
FENCING AND LANDSCAPING - PS ZONING DISTRICT
Mr. Paul opened the hearing and asked for any ex parte communications; there were
none. Mr. Stringer clarified for the public that this is a review of the site plan and the
Commission will not be considering where it should go, what size it should be, etc. This
is to determine if the site plan submitted meets the technical requirements of the code.
Mr. Minner offered three potential alternatives, a.) don't do the park; b.) find a location
somewhere else; c.) do the park as planned at Schumann. He then reviewed the plan.
Mr. Simmons inquired about the protection of the lake. Mr. Minner said the lake is
protected and the fence is positioned at the high-water mark with additional gates for
maintenance.
ais
~~.
The following members of the public spoke:
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 3, 2008
Alfred Daking, 651 Schumann Drive, is located directly across from the proposed park.
His issues are public safety and public nuisance related. He does not think it to be the
best location.
Donna White, 621 Schumann Drive, was concerned about the natural area destruction
by developers, and submitted a written statement of facts and concerns to the
Commission and City Manager. (see attached)
Linda Scott, 821 Dunn Terrace, was part of the original committee to research the dog
park. She is concerned the park will be too small and not have enough parking. Asked
that they look towards a new location.
Dr. Peter Holyk, owner of 600 Schumann Drive, concerned the park will be underused
because of its small size.
Shelly Ferger, resident of Vero Beach, managed the off-leash dog park in Vero Beach,
was concerned the park will be too small, as they have outgrown their park and are
unable to expand.
Betsy Connolly, Kildare Drive, currently employed in the county's oldes± dog day care.
Her concerns are safety for the dogs and people. She feels a half acre does not give
enough room for parking, dogs to roam freely, and people.
The Commissioners expressed their views. Mr. Cardinale felt the park site is too small.
Mr. Blais had questions regarding parking and Mr. Minner explained the parking code
and added that there would be no tree removal except for pepper trees and minimum
grass disturbance. Mr. Simmons confirmed what the Commission is voting on,
specifically is that the plan meets code. Mr. Buchanan asked if they are voting if this
plan is acceptable or not. Mr. Dodd asked what the next step would be if the site plan is
approved. Mr. Minner said go back to Council for their determination. Mr. Stringer
added that the Commission does not have the authority to reject a site plan because you
don't agree with the discretionary decision of the city to put one there. The technical
way to handle this is to table the hearing for the site plan, let the city determine if it is
willing to withdraw the site plan based on what was heard tonight, and the commission
could vote to continue it to give the city time to explore other options with the
recommendation to Council that a different site be located.
MOTION by Paul/Simmons to continue to such time that the city has the opportunity to
re-look at some areas that would be a little bit more suitable for the park vs. the one we
have currently under review.
ROLL CALL: Mr. Paul yes Mr. Blais yes
Mr. Buchanan yes Mr. Simmons yes
Mr. Cardinale yes Mr. Dodd yes
The vote was 6-0. Motion passed unanimously.
PUBLIC HEARING -SITE PLAN EXTENSION REQUEST -BRISTOL LAKES
TOWNHOUSES - SEBASTIAN VILLAGE, LLC - BARBER STREET 8~
BRISTOL STREET ACROSS FROM PARK PLACE
2
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 3, 2008
Mr. Paul opened the hearing and swore in staff and anyone to speak. Mr. Jeff Barkett of
Schulke, Bittle and Stoddard presented the application for an 18-month site plan
extension. He explained that a scrub jay nest was found on the site and they are
currently in the process of obtaining a scrub jay permit. Ms. King explained the reason
for an 18-month extension. She added some outstanding issues that need to be
addressed, which are noted in the staff report. Mr. Chris Sopotnick, Ecological
Consultants of Florida, was available to answer any questions. He explained the HCP
process. There was a question as to the duration a traffic study remains in effect. While
Ms. Grohall reviewed their traffic study Mr. Paul took public comment.
Eugene Wolff, 757 Wimbrow Drive, wanted to be on record regarding the complaints
noted at the initial application hearing. He suggested a 12-month extension.
Ms. Grohall explained that at the initial application her department rejected the traffic
study and requested more information. They then passed the revised traffic study on to
an independent traffic review firm. There was extensive discussion regarding when to
obtain an update to the traffic study. Also discussed was the extension time frame of 12
or 18 months and how many extensions are allowed. It was determined that only one
extension could be granted, up to twelve months by staff, and the applicant was
requesting 18 months based on his environmental situation, which was why the request
was before the Commission.
MOTION by Paul/Cardinale to grant an 18-month extension conditional on an updated
traffic study.
ROLL CALL: Mr. Blais yes Mr. Cardinale yes
Mr. Paul yes ~ Mr. Dodd yes
Mr. Simmons yes Mr. Buchanan yes
The vote was 6-0. Motion passed unanimously.
QUASI-JUDICIAL PUBLIC HEARING -SITE PLAN AND OVERLAY WAIVER
- PIRKLE 8- CHAPMAN DENTAL OFFICE - 13,000 SF MEDICAL BUILDING -
621 SEBASTIAN BOULEVARD - 607-627 SEBASTIAN BLVD., LLC - C-512
ZONING DISTRICT
Mr. Paul opened the hearing and asked for any ex parte communication. Mr. Dodd
noted his brother works for Capp Custom Builders, and Mr. Paul noted the engineer,
Todd Howder, is his neighbor. Mr. Paul then swore in staff and all persons to speak.
Mr. Howder, MVB Engineering of Vero Beach, presented the application. Ms. Bosworth
reviewed the location and details of the project. They did not receive a complete lighting
plan and noted in the conditions that it would be needed prior to any permits being
issued. Staff recommends approval of the waiver for the reduced roof slope and
approval of the site plan with conditions noted in the staff report.
Mickey Capp, Capp Custom Builders, gave an explanation of the reduced roof slope.
Commissioners asked questions about screening the dumpsters, off-site lighting,
landscaping and general buffering.
MOTION by Dodd/Simmons to approve the site plan with the conditions noted by staff in
their report.
3
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 3, 2008
ROLL CALL: Mr. Dodd yes Mr. Paul yes
Mr. Buchanan yes Mr. Blais yes
Mr. Cardinale yes Mr. Simmons yes
The vote was 6-0. Motion passed unanimously.
MOTION by Dodd/Blais to grant a waiver for the 512 Overlay District.
ROLL CALL: Mr. Buchanan yes Mr. Cardinale yes
Mr. Paul yes Mr. Blais yes
Mr. Simmons no Mr. Dodd yes
The vote was 5-1. Motion passed.
QUASI-JUDICIAL PUBLIC HEARING -SITE PLAN -ADVANCE AUTO
PARTS STORE - 6,591 SF RETAIL BUILDING - 9240 SEBASTIAN
BOULEVARD, SEBASTIAN CROSSINGS COMMERCIAL SUBDIVISION -
THE SHERON GROUP, INC. - CG ZONING DISTRICT
Mr. Paul opened the hearing and swore in staff and all wishing to speak. Attorney
Warren Dill, 1565 U.S. 1, Sebastian, represented the applicant and presented the site
plan. He gave a brief overview of the site and introduced Scott Sheron, Adrien
Dombrowski traffic engineer with Kimly Horn, Mark Wallis, architect, Robert Leon,
engineer with MVB Engineering. Mr. Dill pointed out key facts from the staff report. Ms.
Bosworth added that the preliminary plat was approved last year and at that time
environmental issues for the site were reviewed and approved. They did go ahead with
their final plat and posted bonds for conveyance of the lots. They have all their
jurisdictional permits for the subdivision, which is under construction but has not been
completed. All final approvals for the subdivision will need to be received before
Certificates of Occupancy can be given for the site plan.
There were questions about the size of the sign and Ms. Bosworth said they have to
meet the overlay district zoning codes. Staff recommends approval with the conditions
noted on page 8 of the staff report.
MOTION by Simmons/Dodd to approve the site plan for Advance Auto Parts Store.
ROLL CALL: Mr. Simmons yes Mr. Buchanan yes
Mr. Cardinale yes Mr. Dodd yes
Mr. Blais yes Mr. Paul yes
CHAIRMAN MATTERS:
Mr. Paul mentioned he spoke with Mr. Stringer about having public input at Planning and
Zoning meetings. They agreed it should be held to public hearings only and information
pertaining to the application being heard. He asked about the Firehouse Garage issues
and specifically the rental vehicles that are on the site currently. Ms. Grohall gave him
an update of the meeting held with the owner and will look into the rental vehicle issue.
4
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF JANUARY 3, 2008
MEMBERS MATTERS:
Mr. Cardinale asked about the passive area next to city hall and when will it be opened
to the public. Ms. Grohall responded that it is the county's parcel and they have been
working and installing environmentally friendly walking paths. Mr. Buchanan suggested
the possibility of having one dog park for small dogs and one for large dogs.
DIRECTOR MATTERS:
Ms. Grohall said Firehouse Garage will be coming before the Commission with a revised
plan. Also there are three open positions on the Planning and Zoning Board. She
wished everyone a happy new year.
ATTORNEY MATTERS:
Mr. Stringer wished everyone a happy new year.
Mr. Paul adjourned the meeting at 9:37 p.m. (01/04/08 sb/)
5
Zoning Board Meeting Sebastian Jan 3rd 2008 Re: Doi Park
Questions, Objections, Wild life list and Statement
Statement:
I moved here from south Florida to Sebastian to escape the destruction of natural areas by
officials against citizen's wishes. Now though I am less opposed, to the Dog Park after
reviewing the plans, and noting that the water will not be obstructed and the park is
responsibly laid out. The project acid especially the site, that is so small, still does not
make any sense to me. Particularly, when living in this rural area. Further, I would prefer
that wildlife and waterfowl be.encouraged and protected in this spot.
I made a suggestion some 12 months ago that a sign to slow down bird crossing be
erected (after the loss of some water birds and wildlife). I even offered to donate such a
sign and was told in so many words that signage is not encouraged and that I would have
to go through channels and I must petition for such a sign.
Also I would prefer the revenues from impact fees be saved and used for a more
signiftcant purpose that would make a more dramatic and valuable difference to all
residents.
uestions: What plans are there for the large oak trees and palms? Removal?
Objections:
1. I object to any trees being cut down, and especially any of the live oaks possibly I00
years old which are frequented by owls and other wildlife and birds.
2. I believe the I3og Park will attract strangers that are non-residents of Sebastian to an
already extremely busy road.
3. I object to the increased traffic on an already busy and dangerous road where speeding
takes place on a regular everyday basis.
4. I happened to poll a number of Sebastian dog owners immediately after reviewing the
plans while sitting at river viewpark for about an hour. Ail six of six owners of various
size dogs were not in favor of the park because of the size and stated they would not use
it. _ __
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List of Wildlife
1. Bald Eagle
2. Otters
3. Alligators
4. Owls
5. Great White Egret
6. Blue Heroin
7. Green Heroin
8. Jays
9. Osprey
10. All types of Cranes '
11. Turtles
12. Frogs
13. Crabs
14. Raccoons
15. Opossums
16. Armadillos
17. Cardinals
18. Woodpeckers
19. Sand Cranes
20. Squirrels
21. Vultures
22. Swimmers (Turkey water birds)
23. Many other types of Wildlife and birds, which make the site their home, that are too
numerous and varied to remember.
I want to thank the Board members for their kind attention to this matter.
Very truly,
Donna White
621 Schumann Dr.
Sebastian, Fl. 32958
(772) 59i-1337
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HOME OF PELICIW tS1AND
Growth Management Department
Staff Report
Comprehensive Plan Amendment (Large Scale)
And Rezoning Application
1.
2.
Project Name: Shady Rest Mobile Home Park
Requested Action:
Land Use Change
from: MHRP/M-1 (Mobile Home Rental Park, 8 units per acre)
to: RMU (Riverfront Mixed Use)
Zoning Change
from: RMH-8 (Residential Mobile Homes, 8 units per acre)
to: CR (Commercial Riverfront)
3.
4.
5.
6.
Project Location
a. Address: 13225 U.S. 1
Located north of the St. Sebastian Catholic Church property and
south of Home Depot.
b. Legal: See survey
c. Indian River County Parcel Number: 31-38-21-00001-0000-00017.0
31-38-21-00001-0000-00020.0
d. Acreage: 17.15 acres
Project Owner: Edward R. Howland and Carole Wagner, as co-
Trustees of the Shady Rest Mobile Home Park Trust
13225 U.S. Highway 1
Sebastian, FL 32958
(772) 589-5646
Project Agent: Warren W. Dill
1565 US Highway 1
Sebastian, FL 32958
(772) 589-1212 fax: (772) 589-5212
Project Engineer: N/A
1
7. Project Surveyor: David Taylor
Masteller, Moler, Reed & Taylor, Inc.
1655 27~' Street, Suite 2
Vero Beach, Florida 32960
(772) 564-8050 fax: (772} 794-0647
8. Project Attorney: same as agent (above)
9. Project Description
a. Narrative of proposed action: Shady Rest Mobile Home Park Trust has made
application to the City for annexation of two parcels of land. The existing land
use is a mobile home park, which is located on the west side of U.S. 1, between
the St. Sebastian Catholic Church property and Home Depot. In conjunction with
the annexation request, the applicant has requested a city land use designation
of RMU (Riverfront Mixed Use) and a city zoning designation CR (Commercial
Riverfront).
b. Land Use:
Existing (County): MHRP/M-1 (Mobile Home Rental Park, 8 units per
acre)
Proposed (City): RMU (Riverfront Mixed Use)
c. Zoning:
Existing (County): RMH-8 (Residential Mobile Homes, 8 units per acre)
Proposed (City): CR (Commercial Riverfront)
2
d. Adjacent Properties:
Zonin Current Land Use Future Land Use
North: County CG Home Depot County C/I
Commercial General Comm./Indust.
East: City CR Medical Office City RMU (Riverfront
(Commercial Mixed Use)
Riverfront)
& & &
County OCR (Office, Office/Retail Plaza County C/I
Commercial & Resid Comm./Indust.
South: City PS Church site City INS (Institutional)
(Public Service)
& & &
County RM-6 vacant L-2
(Multi-Family Res. (6 dw. units/acre)
6 dw. units/acre
West: County RS-6 residential County L-2
(Single-Family Res. (6 dw. units/acre)
6 dw. units/acre
e. Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
17.15 acres
mobile home park
residential landscaping including palms,
oaks, pines, etc.
X
Public water
Public sewer
On-site community pool, bocce courts,
and shuffleboard courts
U.S. 1 Fire Station - .75 miles
Police - 1.25 miles
3
10. Comprehensive Plan Consistency: Several issues identified in the Comprehensive
Plan must be considered when evaluating this land use amendment.
Policv 1-1.2.2 General Pattern of Commercial Land Use of the City's Comprehensive
Plan Future Land Use element states "In order to promote efficient flow of traffic along
major thoroughfares cited in the Traffic Circulation Element, achieve orderly development
and minimize adverse impact on residential quality, commercial development shall be
concentrated in strategically located areas having location characteristics which best
accommodate specific land, site, public facilities and market location requirements of their
respective commercial uses."
Policv 1-1.2.1 General Considerations for Locatins~ Commercial Development states
"The location and distribution of specific types of commercial activities shall be determined
based on the following considerations:
1. 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:
2. Location and site requirements based on specific needs of respective
commercial activities, their market area, anticipated employment generation
and floor area requirements;
3. Compatibility with and impact on other surrounding commercial activities;
4. Relationship to surrounding land uses and natural systems;
5. Impact on existing and planned community services and utilities."
The location of the parcel along a state arterial roadway (U.S. 1) supports the request for a
commercial land use designation. The Riverfront Mixed Use designation provides for a
mixture of residential, commercial, recreational and institutional uses in the Riverfront
District.
11. Conformance with Code of Ordinances: The proposed rezoning and land use
amendment is consistent with the Code of Ordinances.
12. Changed Conditions: Indian River County has recently revised the land use
designation of certain mobile home rental parks in the County, including this property.
This change was implemented to restrict commercial redevelopment of those sites, thus
preserving the mobile home rental park housing. See information provided by Indian
River County, which is attached.
The survey of the property identifies many vacant mobile home sites. The applicant has
stated that the hurricanes of 2004 have had a profound affect on this park, with
vacancies remaining at record numbers.
13. Land Use Compatibility: Property to the north (County) and east (some city, some
county) is commercially developed, and is compatible with the requested zoning and land
use amendment. The one remaining property to the south, which is in the County, is
vacant with a residential land use and zoning classification. However, it seems unlikely
that this property would be developed for housing. A local street separates property to the
west.
4
14. Adequate Public Facilities: The parcel is located within the Urban Service Boundary
Area. The parcels are already serviced by public utilities.
15. Natural Environment: There are no identified environmentally sensitive areas existing
on the subject parcel. Additionally, redevelopment of the parcel 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 17.15 acres of commercial 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 commercial 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 commercial land use. The location of this parcel along a
state arterial roadway (U.S. 1), being adjacent to other commercial uses, (both in the City
and in the County) facilitates orderly development within a growing urban service area.
19. Other Matters: The requested comprehensive plan land use map amendment is large
scale (over 10 acres), and will be reviewed by the Department of Community Affairs
(DCA).
20. Conclusion: The requested land use designation of RMU (Riverfront Mixed Use) and
the requested zoning designation of CR (Commercial Riverfront) are consistent with the
Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances.
21. Recommendation: The City Council will consider the annexation for the subject
property. The Planning and Zoning Commission is required to make a recommendation
to City Council on the proposed land use and zoning designations. To do so, the
Commission is to assume the approval of the annexation. Staff is prepared to
recommend approval of that annexation, as a natural extension of our city boundaries,
with conditions to be imposed by City Council. A possible condition to the annexation
agreement may be to allow no redevelopment of the property fora 5-year period.
Assuming approval of the annexation, staff recommends approval of a land use
designation of RMU (Riverfront Mixed Use) and a zoning designation of CR
(Commercial Riverfront) for the subject property located at 13225 U.S. Highway 1.
5
22. Commission Action: Hold public hearing and make recommendation to City Council
for the property known as Shady Rest Mobile Home Park located at 13225 U.S. 1
regarding the request for a land use designation of RMU (Riverfront Mixed Use) and a
zoning designation of CR (Commercial Riverfront).
R PARED BY
1-~~-08
DATE
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird, County Administrator
DE ENT HEAD CONCURRENCE
e .Kea ing, A CP, Co unity Dev opment Director
THROUGH: Sasan Rohani, AICP, Chief, Long Range Planning Si ~~.
FROM: Rachel Clyne, Planner, Long Range Planning
DATE: October 1, 2007
~~ County Initiated Request to Amend the text of the Comprehensive Plan's Future
Land Use Element by Creating a New MHRP, Mobile Home Rental Park (up to 8
units/acre), Land Use Designation for Mobile Home Rental Parks; (CPTA
2007010078-57475)
It is requested that the following information be given formal consideration by the Board of County
Commissioners at its regular meeting of October 23, 2007
DESCRIPTION AND CONDITIONS
This is a County initiated request to amend the text of the Future Land Use Element of the County's
comprehensive plan. The intent of this amendment is to create a new MHRP, Mobile Home Rental Park
(up to 8 units/acre), land use designation for mobile home rental parks that are fifteen (15) acres or more
in size and are located within the unincorporated portions of the County. This text amendment will affect
the 12 existing mobile home rental parks that are listed in the table below. The purpose of this text
amendment is to correct existing non-conformities and to provide more protection for the mobile home
owners in these rental parks from conversion of the parks to other uses and displacement of the existing
mobile home owners.
Comprehensive Plan Amendment and Rezoning Review Procedures
Although the number of plan amendments that a local government may consider is not limited, state law
regulates the frequency with which local governments may amend their comprehensive plans. According
to Florida Statutes, plan amendments are limited to twice per calendar year. For that reason, the County
accepts general plan amendment applications only during the "window" months of January and July. In
this case, the subject application was submitted during the January 2007 window.
The procedures for reviewing comprehensive plan amendments involve several steps. First, the Planning
and Zoning Commission, as the Local Planning Agency, conducts a public hearing to review the request.
The Commission has the option to recommend approval or denial of the Comprehensive Plan amendment
request to the Board of County Commissioners. If the amendment request is to change a land use
designation on the Comprehensive Plan's Future Land Use Map (PLUM), the Planning and Zoning
Commission may also 'recommend approval of or deny any associated rezoning request. If the rezoning
request is denied, only the land use amendment request is forwarded to the.Board, unless the denial to
rezone is appealed.
Following Planning and Zoning Commission action, the Board of County Commissioners conducts two
public hearings. The first of those hearings is for a preliminary decision on the amendment request. At
that hearing, the Board determines whether or not the amendment warrants transmittal to the state
Department of Community Affairs (DCA) for further consideration. In the case of a PLUM amendment,
a Board of County Commissioners decision not to transmit the land use amendment to DCA constitutes
denial of both the land use amendment and rezoning requests.
If the Comprehensive Plan amendment is transmitted, DCA conducts a review, which includes soliciting
comments from the Treasure Coast Regional Planning Council, several state agencies, and neighboring
local governments. After its review, DCA compiles its comments in an Objections, Recommendations,
and Comments (ORC) Report and transmits that report to the County. Subsequent to staff addressing any
issues that were raised in the ORC Report, the second and final Board of County Commissioners public
hearing is conducted. At that time, the Board takes final action to approve or deny the land use
amendment and any rezoning requests associated with the land use amendment. If the Board approves
the request, the approved amendment is submitted to DCA for a compliance determination. The effective
adoption date is when the amendment is found "in compliance" by DCA.
This public hearing is the last step in the comprehensive plan amendment process. At this time, the
Board of County Commissioners must decide whether or not to adopt the comprehensive plan
amendment.
BACKGROUND
On October 24, 2006, the Board of County Commissioners (BCC) directed staff to initiate a
comprehensive plan text amendment of the Future Land Use Element to create a new MHRP, Mobile
Home Rental Park, land use designation for mobile home rental parks. The intent of the Board of County
Commissioners is to establish a land use designation category that allows only rental mobile home parks.
Once this new land use designation is applied to existing mobile home park properties, the owners of
those properties will need to amend the County's comprehensive plan in order to convert the parks to any
other use. Since the comprehensive plan amendment process generally takes more than a year, the
process and time required to complete the process may protect homeowners in rental parks from
displacement associated with mobile home park conversions.
a
On April 12, 2007, the Planning and Zoning Commission reviewed this amendment. During discussion
of the amendment, some members of the Commission expressed concern as to whether the amendment,
as proposed, would provide adequate protection to the residents of mobile home rental parks. The
Commission, however, did vote 5 to 1 to recommend that the Board of County Commissioners transmit
this request to the state Department of Community Affairs for review.
Subsequent to approval of the above referenced motion, a separate motion was made to recommend that
the Board of County Commissioners, either in lieu of the amendment or in addition to the amendment,
establish a provision that would require that mobile home rental park owners provide a 24 month
notification to tenants of a park prior to converting the mobile home rental park to another use. The
Planning and Zoning Commission voted 6 to 0 to approve this motion.
At the transmittal hearing, staff from the County Attorney's ofrice advised the Board of County
Commissioners that Florida Statute §723.061(1 (Dl specifically requires that a mobile home rental park
owner provide at least 6 months notice to mobile home park tenants prior to eviction. According to the
County Attorney, that state law pre-empts the County from adopting an ordinance requiring 24 month
notification, because such an ordinance would be inconsistent with state statute.
Also at the transmittal public hearing, the Board decided that two properties which are designated CSI,
CommerciaUIndustrial, should be eliminated from the list of mobile home rental park properties subject
to change to MHRP. In addition, the Board directed that the minimum acreage size of mobile home parks
to be considered for the land use designation amendment be raised from ~ 10 to 15 acres. As a result,
779.86 acres of mobile home rental parks were affected rather than the original 806.23 acres.
Subsequently, the Board of County Commissioners voted 5 to 0 to transmit the proposed comprehensive
plan text amendment to the Florida Department of Community Affairs (DCA) for state review.
On July 20, 2007, the County received a DCA Objections, Recommendations, and Comments Report,
indicating that the State had no objections to the proposed amendment and that the County could proceed
with adoption of the amendment.
Mobile Home Rental Parks Over 15 Acres
Rental Park Name Address Zonin Land Use Acres Number of MH Number of RV
Shady Rest MHP 13225 US 1 RMH-8 L-2 15.70 117 0
Tanglewood Village MHP 1060 US 1 SW RMH-8 L-2 17.57 124 18
Holiday Village MHP 1000 SW 27th Avenue RMH-8 L-2 18.18 128 0
Midway Estates MHP 1950 South U.S. 1 RMH-8 L-2 28.00 180 0
Ranchland Mobile Park 2055 82nd Avenue RMH-8 M-1 16.01 108 0
Beach Cove 100 99th Street RMH-8 M-1 .31.57 77 0
Countryside South 1405 82nd Avenue RMH-8 M-1 64.13 287 0
Heritage Village (Plantation) 1101 Ranch Road RMH-8 M-1 65.09 436 0
Lakewood Village MHP 1455 90th Avenue RMH-8 M-1 71.50 376 p
Heron Cay 1400 90th Avenue RMH-8 M-1 129.86 587 0
Countryside North 8775 20th Street RMH-8 M-1 147.71 644 p
Villa a Green 7300 20th Street RMH-8 M-1 174.54 780 0
Total 779.86 3 844 18
ANALYSIS
Currently, County Comprehensive Plan Future Land Use Policy 1.14 allows mobile home parks only in
the M- 1, Medium Density Residential-1 (up to 8 units/acre), or the M-2, Medium Density Residential-2
(up to 10 units/acre), land use designations. As indicated in the table above, four mobile home rental
parks are located in L-2, Low Density Residential-2 (up to 6 units/acre), areas. These four mobile home
rental parks were created prior to the current comprehensive plan and are "grandfathered'.' uses that
currently are considered legal non-conforming uses. As proposed, this text amendment will correct these
non-conformities by creating a land use designation that will allow these properties to be changed to a
land use designation that permits mobile home rental parks.
Within the County, there are two types of mobile home parks. One type is a platted mobile home park
subdivision where individuals own their lots. To rezone a platted mobile home park, all of the residents
of the park would have to agree to the zoning change.- This offers the residents of platted parks more
protection from conversion and displacement. The other type is an unplatted rental mobile home park
where tenants rent their lot rather than own their lot. In this case, the owner of the mobile home rental
park can apply to rezone the property without the support of the residents of the park.
In Florida, mobile home parks have had a significant role as a popular affordable housing option. As
property values have escalated within the last 5 years, however, mobile home parks elsewhere in Florida
have been converted to other uses, leaving those who rent their mobile home lots few affordable housing
options.
Creating a land use designation for mobile home rental parks that are 15 acres or more in size will offer
some added protection to the residents of these parks from park owners who may want to convert their
mobile home parks to other uses. Currently, the existing mobile home parks listed in the above table are
located on properties that have a residential land use designation. If the owner of a mobile home rental
park should decide to rezone to another residential zoning district that is allowed under that land use
designation, the rezoning process could be done in a little as 3 .months. This does not provide the renters
in these parks adequate time to relocate.
With the new MHRP land use designation, mobile home rental park owners will have to follow the
comprehensive plan amendment process to convert a park to a different use. This process involves 3
public hearings, one before the Planning and Zoning Commission and two before the Board of County
Commissioners, as well as approval by the state Department of Community Affairs. The entire process
may take a year to complete. This will increase the time involved in converting a mobile home park to
another use, and it will afford the residents of those parks an opportunity to participate in the land use
amendment process by providing comment and feedback at public hearings. Because comprehensive
plan amendments are legislative matters, the Board of County Commissioners also has more discretion to
deny a comprehensive plan amendment request.
To establish the MHRP land use designation, Future Land Use Element Policy 1.2 must be amended,
while FLUE Policy 1.14 must be modified to clarify which mobile home residential uses are allowed
under the M-1, Medium Density Residential-1 (up to 8 units/acre), and the M-2, Medium Density
Residential-2 (up to 14 units/acre), land use designations. New FLUE Policies 1.14.1 and 1.14.2 must
also be created to define the location, the maximum density and the uses allowed in the MHRP, Mobile
Home Rental Park, land use designation.
Attachment 4 contains the revised and new FLUE Policies with the proposed additions to the text of the
FLUM shown as underlined and deletions shown as stril~~.
Consistency with Comprehensive Plan
Land use amendment requests are reviewed for consistency with all applicable policies of the
comprehensive plan. Asper section 800.07(1) of the county code, the "comprehensive plan may only be
amended in such a way as to preserve the internal consistency of the plan pursuant to Section
163.3177(2), FS." Amendments must also show consistency with the overall designation of land uses as
depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation,
commercial and industrial land uses and their densities.
The goals, objectives, and policies are the most important parts of the comprehensive, plan. Policies are
statements in the plan, which identify actions the county will take in order to direct the community's
development. As courses of action committed to by the county, policies provide the basis for all county
land development related decisions-including plan amendment decisions. While all comprehensive plan
objectives and policies are important, some have more applicability than others in reviewing plan
amendment requests. Of particular applicability for this request is Policy 14.3.
Future Land Use Element Policy 14.3
In evaluating a land use amendment request, the most important consideration is Future Land Use
Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a land use
amendment request. These criteria are:
• The proposed amendment will correct a mistake in the approved plan;
• The proposed amendment will correct an oversight in the approved plan;
• The proposed amendment is warranted based on a substantial change in circumstances affecting
the subject property; or
• The proposed amendment involves a swap or reconfiguration of land use designations at separate
sites, and that swap or reconfiguration will not increase the overall land use density or intensity
depicted on the Future Land Use Map.
This proposed land use amendment meets the policy's second and third criteria. Presently, there are four
mobile home rental parks that existed prior to adoption of the current comprehensive plan and that are
non-conforming uses under their existing land use designations. By changing the land use designation of
these mobile home rental parks to MHRP, this oversight will be corrected.
As property values have escalated within the last 5 years, mobile home parks elsewhere in Florida have
been converted to other. uses, leaving those who rent their mobile home lots few affordable housing
options. This change in the housing market conditions constitutes a substantial change in circumstances
warranting a redesignation of these unplatted mobile home parks to MHRP. For these. reasons, the
proposed text amendment meets the second and third criterion of Future Land Use Element Policy 14.3.
Sammary of Consistency with the Comprehensive Plan
While the referenced policy is particularly applicable to this request, other Comprehensive Plan policies
and objectives also.have relevance. For that reason, staff evaluated the subject request for consistency
with all applicable plan policies and objectives. Based upon that analysis, staff determined that the
request is consistent with the Comprehensive Plan.
CONCLUSION
As proposed, this text amendment will create a land use designation that allows only mobile home rental
parks. 'This land use designation will provide a measure of protection for renters in these parks from
conversion of the parks to other uses. Consequently, the proposed amendment will not generate the types
of impacts that an increase in density or intensity would create. For these reasons, staff supports the
request.
RECOMMENDATION
Based on the analysis, the Planning and Zoning Commission and staff recommend that the Board of
County Commissioners approve the proposed text amendment to create a new MHRP, Mobile Home
Rental Park (up to 8 units/acre), land use designation by revising FLUE policies 1.2 and 1.14 and by
creating new FLUE Policies 1.14.1 and 1.14.2, adopt the attached ordinance, and direct staffto submit the
adopted amendment to the state Department of Community Affairs for compliance review.
ATTACHMENTS
1. Comprehensive Plan Text Amendment Application
2. ~ Inter-office Memorandum from Commissioner Wheeler
3. Excerpt from minutes of October 24, 2006 Board of County Commissioners
Meeting
4. Revised FLUE policies
5. Excerpt from minutes of April 12, 2007, Planning and Zoning Commission meeting
6. Excerpt from minutes of May 8, 2007, Board Of County Commissioners meeting
7. Comprehensive Plan Text Amendment Ordinance
F:\Community DevelopmentlUsersU.ONG RANGE1CompPlan Amendments\2007 Tan\CPTA for IvIHP\BCC Adoption item CPTA.doc
Approved Agenda Item
By:
For: October 23, 2007
Indian River
Coun Approved Date
Admin.
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1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248
PUBLIC NOTICE
CITY OF SEBASTIAN
INDIAN RIVER COUNTY
FLORIDA
THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, HAS SCHEDULED A PUBLIC HEARING IN THE
CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, AT A REGULAR
MEETING TO BE HELD ON THURSDAY, JANUARY 17, 2008, AT 7:00 P.M., TO MAKE A
RECOMMENDATION TO CITY COUNCIL REGARDING REQUESTS FOR AN
AMENDMENT TO THE COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP
(FOR A PROPOSED ANNEXATION) FOR PROPERTY LOCATED AT 13225 U.S. 1. THE
SUBJECT PROPERTY IS KNOWN AS SHADY REST MOBILE HOME PARK AND
CONSISTS OF 17.15 ACRES, MORE OR LESS (PARCEL ID. 31-38-21-00001-0000-00017.0
AND 31-38-21-00001-0000-00020.0). EXISTING COUNTY LAND USE DESIGNATION IS
MHRP/M-1 (MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE), AND THE
REQUESTED SEBASTIAN LAND USE IS RMU (RIVERFRONT MIXED USE). EXISTING
COUNTY ZONING IS RMH-8 (RESIDENTIAL MOBILE HOMES, 8 UNITS PER ACRE), AND
THE REQUESTED SEBASTIAN ZONING IS CR (COMMERCIAL RIVERFRONT).
ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND PRESENT
TESTIMONY WITH REPECT TO THE PROPOSED LAND USE AND ZONING REQUEST.
LARRY PAUL, CHAIRMAN
PLANNING AND ZONING COMMISSION
CITY OF SEBASTIAN, FLORIDA
ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS
HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO
NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA
COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING.
PUBLISHED: JANUARY 5, 2008
cm n
SE~~T~N City of Sebastian
HOME OF PEU[AN ISUND
~•~~ ~eVelOnment Orc~Pr Annliratinn
Permit Application No.
A licant If not owner, written authorization notarized from owner is re wired
Name: Edward R. Howland and Carole Wagner, as Co-Trustees of the
Address:
13225 U. S. Hw One Sebastian FL 32958
Phone Number: (772) 589 - 5646 FAX Number: ( ) - N/A
E-Mail: N/A
Owner If different from a licant
Name:
Same as Above
Address:
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Title of permit or action requested:
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.
A. Project Name (if applicable):
- -- N/A
B. Site Information
Address:
See attached Warrant Deed
Lot: Block: Unit: Subdivision:
Indian River County Parcel #:
Zoning Classification: Future Land Use:
ndi n River Count MHRP
Existing Use: Proposed Use:
Mobile Home Rental Park _ General
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessant):
J1t'1riax,~f-; .,n „f__+-hc ~~ o,-+~~ntc1-the-C'itS~cZnC~-r OmmeLCi.a_~Pr1Pra1
~7oE~o1 ~ rpcni- iinr3ar the FT,T M r-1 cci f i i OIl Of CG with CG ZOrilnQ
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DATE RECEIVED: ~IZS/07 FEE PAID: $ ~Ud~' UU RECEIVED BY:~-
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Permit Application No.
D. Pro'ect Personnel:
A ent:
Name: Warren W. Dill
Address
Phone Number: (772) 589-1212 FAX Number: (772) 589- 521 2
E-Mail:
's delaw1@bellsouth.net
Attorne
Name:
same as agent
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
En ineer:
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Surve or:
Name:
Masteller Moler Reed & a 1
nc
Address
Phone Number: (772 )564-8050 FAX Number: (772 )794=0647
E-MaiI:N/ A
I, Warren W , D111 ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I
AM THE LEGAL REPRESENTATIVE 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
ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
1~~1/1f - - l ~ ~ -.Z 5 -~J
SIGNATURE DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY ~1i~~ ~ , ~ CLLR
HO IS PERSO NOWN TOM R PRODUC D
AS IDENTIFICATION, THI DAY OF , 20~.
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION I I ! / j>
SEAL:
...n~ernP +_~G~Y ~SALTER ~~~.~.~.~.-
p„u,r„ ~,
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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 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 P&Z and City Council
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
PROMISES MADE, BY ANY EMPLOY E, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
~/ ~ i~ z S-off
SIGNATURE DATE
Sworn to and subscribed before me by ___lt'Qtz~~- J1/~ CLL.
w Is person wn tom r od ce
as I en I Ica Ion, this~day of _, 20~.
Notary's Signature.
Printed Name of Notary _
Commission No./Expiration /~7 I>
Seal:
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PEGGY J. SALTER
~NI/IIIU
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Expires 11!1112008
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Return to Professional Title of I. R.
1546 N U.S. ~ I
Sebastian, Fl. 32958
This instrument prepared by: ODCUMENTARYSTAIiIpg
Property Appraisers Parcel ldcntilication GEED= lti~L (c . cr.
21-30.38-00001-0000-00020.0 NOTE:
21-30-38-00001-0000.00017.0 1Ef FREY K 64RTt14, rl caK
P-~ 3a ~Sv 1NCIAN Rt~f °t:f~-11y
Mi 7HE
JEFFREY K
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(Nheretrrandherainthererms'~;rantar"anJ(ir,rnree'rnrludr•aJlrhep~r)u:~r rn+ ~rn+nu•nfandrbe•hr+r..,/rgalnrn~~inr,r)ne.
aad assigns oJrndtcrdual+, and der snrn•~.~or.~ trod uc~r}~ru rf rorpunuurn~l
R'IT~t.SS7 u: 'That the grantor, for and in consideration of the sumo 1.00 and other ~~aluable consrderation, recctpt
~+•hereof is hereby' ackno--~ledged, hereby grants, bargains, sells, i , genuses, releases, cum•cy, and contim>.v unto the
grantee ail of his right title and interest in or to that crnain 1 s ate ut Indian Rt~•er ('aunty, titate of Plonda, ~ tr;
As set forth in Exhibit "A"
T(Xit:7Ht.R, with ail of the hnentents, hercditamem • ppurtenanccs thereto bclongutg ur in ant~~ue appertannng
Subject to alt ~•alid restricuons, encumbrances. un•ations, casements and all other ntattrrs of public record
grantor N•arrants that the abmr describc~proprrty is not hon><strad and grantor trstdrn:r is other than that h~ mg
com~cyed. ff /,~'
t.7R~\T DF:F:D `~
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Teti Gtt~~i Duff) made the [ -t ~~' t J day of July}~ty 1lichacl C. Nalnxr, ax'1'ntstcc of Shady Rcst 11111' Trust.
hereinafter called the grantor, to Gda•ard R. Ho~s•land and Carote 11'agncr, as ('o•Tntstees of the Shady Rest 1f11P trust
U/A dated December 24, 1955 whose post office address is 1?225 tl.S. Il~~y 1. Sebastian.l~1. ?2458, herrmafter called
the grantee:
IV 14(1NI SS N'lll.kl.r)t', the said grat~fr bas signed and sealed these presents the day and year lust abort s-nltcn
Signed, sealed and delivered in the presence of
Di~'d Mercer
in-cd signnnrre
lftchacl('. 1'alnx•r, "fntstec, Shady Rcst 11111' I~ntct
I IGtll ~1'tltihue Itl~'d., 2s'~ Fluor
Los Angeles, ('A gIN125
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STATE OF )
COUNTY OF
I hereby Certify t}lat on this day, before me, an off' er duly
authorized in the State aforesaid and in the County a oresaid to
take acknowledgement, personally appears Michael C. P r to me
known to be the person described in and who executed foregoing
instrumenC and ackl~owledged before me that he execu d the same.
Witness my hand and offic'al eal in the County d State last
aforesaid this ~(aday of A.D. ~3
seal ]
Notar ignat re
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(~,penmssicx~ N 14T7170
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Exhibit "A'•
Description
PARCEL 1:
All that part of Lots 17, 18 and 19, of WAUREGAN SUBDIVISION, lying Wes of the West right of
way line of U.S. Highway 1, according to the plat of Nauregan filed in the office of the clerk of the
circuit court of Brevard County, Florida, in Plat Book 1, Page 75; and refiled in Plat Book 1, Page
178 and 179, public Records of St. Lucie County, Florida; said find lying and being in Indian River
County, Florida. Less and except road rights of way.
PARCEL 2:
That part of Lot 20, of WAUREGAN SUBDIVISION lying Eas rly of Wauregan Avenue and Westerly
of U.S. Highway 1 as follows:
Begin at the point of beginning formed by the interse ro of the Easterly right of way line of
Wauregan Avenue in Wauregan Subdivision, Sectio f Fleming Grant, at a concrete monrrrnent
marking the boundary between lots 20 and 21; t n run Northwesterly along the Easterly right
of way of Wauregan Avenue a distance of 315.1 to the Northerly line of said Lot 20; thence
run Northeasterly on the boundary line betwe ots 19 and 20 a distance of 200 feet to a
concrete monument; thence Southeasterly i nce of 315.19 feet to a concrete monument on
the Southerly lot line of Lot 20, which is 2 t Easterly of the point of beginning; thence nrn .
Southwesterly on tl~e boundary line bet en Lots 20 and 21 a distance of 200 feet to the point of
beginning.
All in Wauregan, Fleming Grant, acc ng to the according to file pint filed in the office of ttrca clerk
of the circuit court of Brevard Cou ,Florida, in Plat Book 1, Page 75; and refitecl in Plat Book 1,
Page 178 and 179, public Record of St. Lucie County, Florida; said land lyinc3 and being in Indian
River County, Florida.
Less and except road rights of way.
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Permit Application No.
~~
Supplemental Information
HOMEQFPELIGNISLAND Comprehensive Plan Amendment (Land Use)
ATTACH ADDITIONAL PAGES IF NECESSARY.
1. Current land use map designation: Indian River County MHRP~_t
Mobile Hom Ren al Park
_ 2. Proposed land use map designation: Sebastian
CG Commercial Gene.r~l or Commercial Riverfront (CR)
_ 3. Size of project in acres: 1 5.7 acres
4. Describe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City.
This application is consistent with the City's
annexation policy and Comprehensive Plan and will
_ 5. Is the proposed amendment consistent with the other elements of the
yes
comprehensive plan? If not, which one(s)?
6. Is the proposed amendment in conformance with applicable substantive
requirements of the city of Sebastian Code of Ordinances? If not, which
one(s)? Yes, except the current mobile home rental
park will be a nonconforming use upon annexation
into the City.
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? The City has annexed adjacent land on
10. Would the proposed amendment result in a significant adverse impact on the
._ natural environment? If so, describe the impact. No, this propert
is already developed.
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. There will not be any adverse
effects from this development. This development will en-
hance the value of the property and thus increase the tax
revenue of the City.
_ 12. Does the proposed amendment result in an orderly development pattern? If ~
not, describe. Yes, the development is contiguous with
the Citv limits on two sides and will result in a logical
and orderly expansion of the City.
13. Attached the following:
_ 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.
_ 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.
Permit Application No.
~~
5~~~"~T~N City of Sebastian
HOME 4FPElICANISLAND Development Order Aaalication
A licant If not owner, written authorization notarized from owner is re uired
Name: Edward R. Howland and Carole Wagner, as Co-Trustees of the
Address:
13225 U. S. Hw One Sebastian FL 32958
Phone Number: (772) 589 - 5646 FAX Number: ( ) - N/A
E-Mail: N/A
Owner If different from a licant
Name:
Same as Above
Address:
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Title of permit or action requested:
rezoning
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 S-1/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
N/A
B. Site Information
Address:
See attached Warrant Deed
Lot: Block: Unit: Subdivision:
Indian River County Parcel #:
n
Zoning Classification: Future Land Use:
RM - Indian River Count MHRP
Existing Use: Proposed Use:
Mobile Home Rental Park Commercial
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
7lnncsraf inn of t~g~ ~~ng~t~ 1'ntf>-the Cites'-and C11mm2rc^~~a 1 TPns~ra 1
development under the FLUM classification of CG with CG zoninctT
DATE RECEIVED: IU /ZSp? FEE PAID: $ ZSO . d~ RECEIVED BY: ~-
Q~ ~D
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Permit Application No.
D. Pro'ect Personnel:
A ent:
Name: Warren W. Dill
Address
Phone Number: (772) 589-? 21 2 FAX Number: (772) 589- 521 2
E-Mail:
's delaw1@bellsouth.net
Attorne
Name:
same as agent
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
En ineer:
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Surve or:
Name:
Masteller Moler Reed T 1
n
Address
Phone Number: (772 )564-8050 FAX Number: (772 )794=0647
E-MaiI:N/A
I, Warren W . D111 ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER x I
AM THE LEGAL REPRESENTATIVE 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
ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
IGNATURE DATE
S BSCRIBED BEFORE ME BY ~A)lI,OZJZ~ ~ (~ ~_, l ~..C_
WHO IS PERSONALLY KNOWN TOM R P DUCE
AS IDENTIFICATION, THIS AY OF , 20
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY _
COMMISSION NO./EXPIRATION 0
SEAL:
~~~~~~~~~~PEGGY J ~SALTER~~~~~~~~~~;
~~~~°~~ comm# DD0891642
E free 11/11/2008
-~~ `~ Florida Nota Assn., Inc C
~~ah~~H ry
~ a ...........................................:
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 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 P&Z and Clty COUriC].1
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
PROMISES MADE, BY ANY EM/PL/OYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
IGNATURE DATE
Sworn to and subscribed before me by ~.6)/QQ,Q~/~ ~ . ~~-.~
who is personay cR wn_tQm~or produced
as I en I (cation, thi~~a'y of , 20~.
Notary's Signature
Printed Name of Notary '~~
Commission No./Expiration D
Seal:
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Rctum to Professional Title of I. K.
1546 N U.S. ~ 1
Sebastian, FI.3295R
This instrument prepared hy: DOCUMEHiARY$1pMpS
Property Appraisers Farrel Idcntiliration DEED= ItiC: tc . C`C.
21-30-38-00001-0000-00020.0 HO1E _
21-30-38-00001-0600.00017.0 IEFfREY K 64R104, rl raK
P--3a~Sv INCIAN Rte E;? C(',11Y
fi1NE
.JEFFREY K
Jl101N~Ct ~+ Ft~ ~
n>;
Tm; Gtt~~i DI•t tt tirade the [ .~ .ir't ) daq of luly}~ty ~lichacl C. I'alnxr, as "1"ntstcc c,f tihady Rcst ~1fi1' Trust.
hercinaner called the grantor, to Edward R.1Io~~•land and ('arole 11'agnrr, as ('o•Tntstecx of the Shady Rest \1111' Trust
UrA dated December 24, 1985 whnsc post onicc addrrss is I?225 li.S. ll~.y 1, Sebastian, FL ?295R, hcrcmaftcr called
the grantee:
(I~herererandherainnc~hrots'~;ranrnr"anJ(iranne'rnrheG•allrlu•parur:c- tnr untnu•nlunJtkr/nir~,lr~dlnrr,~an6ttnr.
oad assigns ojrndhrdrmh, ,nu/ rGr sucn•!cnn and ur~rgn.c . f r•orporurn,n.~l
1-'1rxl:csm: That the grantor, fur and in consideration of the sumo . 1.U0 and crthcr ~•aluahtc cnnstdrratic~n, rcectpt
~~hercof is hereby ackno~~9cdgcd, hcrchy grants, bargains, sells. ~ , rcmtscs, releases. cunvcy~ and rontimts unkr the
grantee all of his right title and interest in or to that ccnain 1 s ate m Indian Rnrr ('~mnh•, State ctf Plunda, .'v:
As set forth in Exhibit "A"
T(Hila tu.k, with all of the tcncnrcnts, hcreditantcnt ppurtcnanccs thereto hclcmgutg or in an}~usc appertanun4
Subject to all valid restrictions, encumbrances. scr~•atiorts, cascntcnts and all other ntattcrs of puhhc rc~otd
Grantor warrants that the above drscribryl,prolxrty is not htm><stead and grantors rrstden:e is other than that txmc
cctm~cycd. JJ /~'
I~ ~1'I)NI.Sti V1'lll kl r>I-, the said gralt~fr Kati SI~nCd and Sl'all'd lhl'til' hrl'til'lllS lhl` da)' an11 yeaf tIt51 ah(1vC N'rdlCn
Stgncd, scaled and dctivcrcd in the prexncc ul':
D~rXd Mercer
inre~l srgunlnrc
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~fichacl ('. 1'alntrr, ~1'ntstrr, SI-ady Rcst \ll ll' fnla
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STATE OF )
COUNTY OF
I hereby Certify that on this day, before me, an off' er duly
authorized in the State aforesaid and in the County a oresaid to
take acknowledgement, personally appears Michael C. P r to me
known to be the person described in and who executed foregoing
instrument and acknowledged before me that he execu d the same.
Witness my hand and offic'al eal in the County d State last
aforesaid this ~/dday of A.D. ~3
[ seal )
Notar ignat re
_ ~~ULvI~S
Printed to y Signature ~~"Y ~r«s
Cpmrnssicnlll~T)170 i
lbttrll Public - Co4tarnk~ s
tcs AnDdes CaXdY
Nlr Comm, t Yes Sep ~ b 7D4
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Exlribtt "A"
Description
PARCEL 1:
All that part of Lots 17, 18 and 19, of WAUREGAN SUBDIVISION, lying Wes of the West right of
way line of U.S. Highway 1, according to the plat of N/auregan filed in the office of the clerk of the
circuit court of Brevard County, Florida, in Plat Book 1, Page 75; and refiled in Plat hook 1, Page
178 and 179, public Records of St. Lucie County, Florida; said land lying ancf being in Indian River
County, Florida. Less and except road rights of way.
PARCEL 2:
That part of Lot 20, of WAUREGAN 5UBDIVISiON lying Eas rly of Wauregan Avenue and Westerly
of U.S. Highway 1 as follows:
Begin at the point of beginning formed by the Interse ro of the Easterly right of way line of
Wauregan Avenue in Wauregan Subdivision, Sectio f Fleming Grant, at a concrete monument
marking the boundary between lots 20 and 21; t n nrn Nortlnvesterly along the Easterly right
of way of Wauregan Avenue a distance of 315.1 to the Northerly line of said Lot 20; thence
run Northeasterly on the boundary line betwe ots 19 and 20 a distance of 200 feet to a
concrete monument; thence Southeasterly i nee of 315.19 feet to ~~ concrete monrrrrrent on
the Southerly lot Ilne of Lot 20, which Is 2 t Easterly of ttre point of beginning; thence run ,
Southwesterly on tl~e boundary line bet en Lots 20 and 21 a distance of 200 feet to tl-e point of
beginning.
Ail in lauregan, Fleming Grant, ace ng to the according to the pint filed in the office of the Berk
of the circuit court of Brevard Cou ,Florida, in Plat Book 1, Page 75; and refiled in Plat Book t,
Page 178 and 179, public Record of St. Lucie County, Florida; said land lying and being in Indian
River County, Florida.
Less and except road rights of way.
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Permit Application No.
""OF Supplemental Information
~~~~A~T~~ Rezoning Request
--_ _- _- ATTACH ADDITIONAL PAGES IF NECESSARY.
HOME OF PELICAN ISLAND
1. Proposed zoning: Commercial Riverfront District (CR) or
Commercial General District (CG)
~ _ 2. Explain how the proposed rezoning is consistent with the other elements of the
comprehensive plan
See attached sheet
_ 3. Explain how the proposed rezoning is in conformance with applicable substantive
requirements of the City of Sebastian Code of Ordinances.
'j'.ha naval n= mant wi 1 1 r-nm~1 ~ wi th a l 1 T.and D _vel c~~Prit
Regulations, includinor the Site Plan regulat_ons of t
_ 4. What land use and development changes have occurred since the effective date
of the comprehensive plan which are relevant to the proposed
amendment? mha ~; ty hoc anneXed-ad~ace~t 1 anc3 nn
the Fact Gi de cif TiS Hi ghway 1 _ The TTS Hi ghwa~ 1 c-nrri t3nr
5. Explain how the proposed rezoning. is compatible with the existing or future land
uses of the City. The develoAment will be for commercial
uses which will be compatible with surroundi:zct~_land_uses
and proposed future use of the area.
_ 6. Are there adequate public facilities to serve the proposed land use?
yes.
Permit Application No. _
_ 7. Explain how the proposed rezoning will not result in a significant adverse impact
on the natural environment. This property is already
developed.
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
Clty. Th r Wi 11 nc~t- hP and ~~v2.r.S2 pff~,r.}-c fr.,m +-h1S
development. This development .will enhance the value
of the property and thus increase the tax revenue for
_ 9. Describe how the proposed rezoning will result in an orderly development pattern.
The development is contiguous with th ; y limits
on two sides and will result in a logical and compact
expansion of the cit
10. Attach the following:
_ 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.
2. The existing roadway network will not be significantly adversely impacted from the
new trips generated by the proposed development. County utilities are available to
service the development. The level of service standard for stormwater is the same
for all developments, therefore, there is no greater impact anticipated from the
proposed rezoning. The recreation facilities will not be adversely impacted by this
development. Solid waste is handled by the County and this development will not
significantly adversely impact the facilities. The development of this property will
provide new commercial opportunities for the City. This property is contiguous
with the City Limits and will result in compact growth that will have a strong and
positive economic impact on the City This property was long ago developed as a
mobile home rental park and there will be no adverse impacts on the environment.
Therefore, the proposed commercial development of this property is consistent with
the Comprehensive Plan.
WARREN W. DILL
Also admitted in
Wyoming
Nebraska
October 25, 2005
DILL ~ EVANS, P.L.
ATTORNEYS AT LAW
1565 US Highway 1
Sebastian, Florida 32958
Rebecca Grohall, Growth Management Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: Voluntary Annexation
Dear Rebecca:
JOHN G. EVANS
Also Admitted in
California
MICHELLE D. NAPIER
Please consider this letter as a request for voluntary annexation into the City of Sebastian of the
following-described property known as Shady Rest Mobile Home Park.
The property described in Exhibit "A" attached hereto is owned by Edward R. Howland and
Carole Wagner as Co-Trustees of the Shady Rest Mobile Home Park Trust U/A dated December
24, 1985, whose address is 13255 US Highway 1, Sebastian, Florida 32958.
This property lies next to the boundaries of the City, as enlarged by the annexation of property
on the East side of US 1, such that a substantial part of the boundary of the property is
contiguous with the boundary of the City Limits.
This annexation will result in a reasonable compact addition to the City. This property is
generally located immediately North of the St. Sebastian Catholic Church and South of Home
Depot on US 1.
The future use of the property is for commercial purposes. Simultaneously with the submittal of
this annexation request, Development Order Applications are being filed for a Comprehensive
Plan Land Use Map Amendment to classify the property as CG -Commercial General or RMU
- Riverfront Commercial and to rezone the property to CG -Commercial General or CR
Commercial Riverfront.
Tel: (772) 589-1212 Fax: (772) 589-5212
Rebecca Grohall, Growth Management Director
City of Sebastian
October 25, 2007
Page 2
As part of this request for annexation, I have enclosed the Deed confirming ownership of the
property, Indian River County Zoning Map, Property Appraiser's Tax Map and two surveys of
the property.
Thanking you in advance for your assistance, I remain
Very truly yours,
WARREN W. DILL
W WD/pj s
Enc.
cc: Mr. Edward R. Howland
.~
LEGAL DESCRIPTION
PARCEL 1:
ALL THAT PART OF LOTS 17, 18 AND 19 OF WAUREGAN SUBDIVISION,
LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF U. S. HIGHWAY 1,
ACCORDING TO PLAT OF WAUREGAN FILED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN PLAT BOOK
1, PAGE 75; AND REFILED IN PLAT BOOK 1, PAGES 178 AND 179,
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 2:
THAT PART OF LOT 20 OF WAUREGAN SUBDIVISION LYING EASTERLY OF
WAUREGAN AVENUE AND WESTERLY OF U. S. HIGHWAY 1 AS FOLLOWS:
BEGIN .4T THE POINT OF BEGINNING FORMED BY THE INTERSEC710N OF
THE EASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVENUE IN WAUREGAN
SUBDIVISION, SECTION 30 OF FLEMING GRANT, AT A CONCRETE
MONUMENT MARKING THE BOUNDARY BETWEEN LOTS 20 AND 21; THENCE
RUN NORTHWESTERLY ALONG THE EASTERLY RIGHT-OF-WAY OF WAUREGAN
AVENUE A DISTANCE OF 315.19' TO THE NORTHERLY UNE OF SAID LOT
20; THENCE RUN NORTHEASTERLY ON THE BOUNDARY LINE BETWEEN LOTS
19 AND 20 A DISTANCE OF 200' TO A CONCRETE MONUMENT; THENCE RUN
SOUTHE~ISTERLY A DISTANCE OF 315.19' TO A CONCRETE MONUMENT ON
THE SOUTHERLY LOT LINE OF LOT 20, WHICH IS 200' EASTERLY OF THE
POINT OF BEGINNING; THENCE RUN SOUTHWESTERLY ON THE BOUNDARY
LINE BETWEEN LOTS 20 AND 21 A DISTANCE OF 200' TO THE POINT OF
BEGINNING.
ALL IN WAUREGAN, FLEMING GRANT, ACCORDING TO PLAT FILED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY,
FLORIDA. IN PLAT BOOK 1, PAGE 75; AND REFILE~ IN THE OFFICE OF
THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN
PLAT 800K 1, PAGES 178 AND 179; SAID LAND LYING AND BEING IN
INDIAN RIVER COUNTY, FLORIDA.
EXHIBIT "A"
§ 54-1-2.4 SEBASTIAN LAND DEVELOPMENT CODE
drainage, water and wastewater facilities, and all required community facilities,
and all other needed public improvements; and forward to the city council written
recommendations on such matters;
i. Consider, review and make recommendations concerning studies of city public
land needs and recommend site acquisition for the same, including development
plans and requisite facilities;
Annually prepare, in conjunction with the city engineer, a list of the capital
improvements recommended for construction during the next fiscal year and the
four-year period following it, showing recommended order of priority thereof, the
year recommended for beginning construction, the year recommended for com-
pleting construction, and the estimated costs thereof;
k. Carry out powers of site plan review as stipulated in article XVIII of the land
development code;
1. Perform any other duties, which lawfully may be assigned to the commission.
(1) Officers. From among its members the planning and zoning commission annually shall
elect a chairperson and a vice chairperson at the first regular meeting of the
commission held at the beginning of each calendar year. Whenever possible, the
persons selected as the chairperson and vice chairperson of the commission shall have
served two years as a regular member of the commission and shall have attended at
least 90% of the meetings of the planning and zoning commission which such member
was not otherwise excused from attending by the chairperson at such meetings of the
commission. The planning and growth management director shall appoint a city
employee to serve as secretary to the planning and zoning commission and take
minutes of the meetings of the commission.
In performing functions set forth in section 54-1-2.4, the planning and zoning commission
shall act only in an advisory capacity to the city council. When the planning and zoning
commission reviews and recommends actions regarding a major site plan approval as defined
in article XVIII, the decision of the planning and zoning commission shall be final, unless said
decision is appealed to the city council within ten days of the decision, as provided for in the
land development code.
(e) Appropriation of funds. The. city council shall appropriate funds necessary for expenses
incurred by the planning and zoning commission in its performance of the above listed
functions. The planning and zoning commission shall not have the power to contract with
private or governmental persons or entities, or to commit or expend funds of the city.
(f) Rules of procedure. The planning and zoning commission shall establish and adopt rules
of procedure, which shall include, but not be limited to, election and duties of officers; meeting
schedule, time, and place; establishing order of business and method of transaction; procedure
for action and voting by members; conduct of public hearings; rules of conduct; parliamentary
procedure; maintenance of records; and method of amending same.
LDC2:10
PLANNING ~ ZONING COMMISSION
3-YEAR. TERMS
MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M.
MEMBER NAME APPOINTMENT HISTORY CURRENT TERMS
AND ADDRESS STATUS COMPLETED
[MOST RECENT HISTORY
FIRST]
Brian Blais -Took Keough's unexpired Term to
241 Easy Street position 12 200' ~ expire
Sebastian, FL 11/1/2010
32958
646-0525
Charles Cardinale Took Celli's regular member Term to
474 Thomas Street position on 4/26/06 ~ expire ....;: .
Sebastian, FL 32958 4/1/2008
589-4892
Larry Paul Reappointed 5/11/05 Term to
1701 Sunset Lane expire
Sebastian, Florida Took Blessing's Unexpired 5/1/2008
32958 Regular Member Position
388-0937 4/28/04 -~
Took Mahoney's unexpired Term to
vacant- position expire
2/1/2008
William Simmons Took Mr. Smith's unex fired
p Term to
509 Drawdy Way
regular member positions 2/22/06 expire
Sebastian, FL 6/1/2009
32958 Reappointed alternate member
589-9826 position 1/12/05
Took Seeley's Unexpired
Alternate Member Positions
1128/04 ~f"
Hank Buchanan Reappointed regular member Term to
1101 Landsdowne 4/11/07 expire
Drive Sebastian, FL 6/1/2010
32958 Took Oakes' unexpired
388=5397 regular member term 1/24/07
-.~--
Took Oake's Unexpired
Alternate Member Position
10/12/05 -~
Staff Liaison -Growth Management Director