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HomeMy WebLinkAbout01172008 PZ AgendaQI1f OF ~~~~ 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: ® ' a.:~ ~ ~ • ® ~.~ •°, ~ ;~• ~ ~ ~ ~ ~ F_; °~ ~s, v , 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. _ __ ,` /~~~ ~~~ ~~ ~ ~~ ~ j* ~J ~ "'. ~ tit ~~ ~ 6 " ~~' u ~o ~43j, ,, k: ~ r, 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 urr a y r ±~ ~~,, 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). 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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. Le al C /~-/ Bud et De t Risk M 7 -07 k9 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 .---- DATE RECEIVED: ~IZS/07 FEE PAID: $ ~Ud~' UU RECEIVED BY:~- pn,~ y ~ ~3~~tq 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„ ~, o~~ F~~M Comm# DD0891642 __ - Expires 1111112008 ~ S€ ~ -~'•`'oc4~` Fbrlde Notary Assn., Inc ~~iinnn~t~~ 1l.uu.n uuouu~un~~nu~n.un uund 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: r q ~!!!!!!!U!~/ p pNp!!!! pp.l.p.l...O.1 PEGGY J. SALTER ~NI/IIIU ~~,Y, N Comm# DD0691642 Expires 11!1112008 %•~niaii~+`•a Florida Notary Assn., Inc w.^......!!..1 ...............................^ (~ , CC «°C~ c Eg 0 'i ~Sa o ~~~ ~~ G ~r 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 ~Ct t90, FU. ,~ C..J (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 `~ n>j 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 cn w ., i r~ :~ .v N W O 9 4,? v a~ 0 w r . ~ 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 Printed to y Signature iui"r ~r-E5 (~,penmssicx~ N 14T7170 }~o10y Public - Cdltart~l0 Ios /v~potae Counlr ~Carrml~¢esseP147m4 w V7 Q ~ /~ . rII • 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. 0 ~v Q1 CrJ .._ v n O w v+ 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 ~ ~3c~ii9 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: [5 , co I$C~ . oe ~~ r°C~ E~~ o '~ :~$ wSa o E~ ~~~ ~~ G°~ 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 /;~ _ ;.~ . / ..... . ~fichacl ('. 1'alntrr, ~1'ntstrr, SI-ady Rcst \ll ll' fnla 1 IGlll 11'4+Iwe ISNd.. 2?"' Flour Lns Angclrs, ('A 90U2t n w ~: ., ~ r~ :~ ~~~ N W O 7D O~ 4,? v a7 O W 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 . O~ ~ LJ 7 D - 0 w ~, 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. 4 O1 GJ ..~ n} O /~" 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