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07242013 Agenda Packet
CITWf SEBASTN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 24, 2013 -6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE - Led by Mayor Bob McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.108 A. Proclamations /Awards 5 i. Proclamation and Presentation of Pelli Award - GFWC Sebastian River Junior Woman's Club 13.109 B. Michael Stern Brief Presentation - Idea for Monthly Event in Riverview Park 6-13 (Transmittal, Letter with Narrative, Application) C. Brief Announcements i. 7/27/13 - Treasure Coast Waterway Cleanup - 8 am to 12:30 pm - Sebastian Location - Main Street Boat Ramp ii. 8/2/13 - Sebastian River Area Chamber of Commerce Grill Out Night - 5:30 pm to 8 pm - Participating Member Businesses 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 14-21 A. Approval of Minutes - July 10, 2013 Regular Meeting 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 9. PUBLIC HEARINGS -None 1 of 64 10. UNFINISHED BUSINESS -None 11. PUBLIC INPUT 12. NEW BUSINESS 13.080 A. First Reading of Ordinance No. 0-13-07 - Annexation - City Owned Property 22-39 Intended for Cemetery Expansion - Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0-13-07, Request, Staff Report, Chapter 171.044 FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 13.080 B. First Reading of Ordinance No. 0-13-08 - Small Scale Comprehensive Land Use 4033 Plan Amendment - City Owned Property Intended for Cemetery Expansion - Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0-13-08, P & Z Minutes, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INSTITUTIONAL (INS) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF RESIDENTIAL, UP TO 8 UNITS PER ACRE (M-1) FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13.080 C. First Reading of Ordinance No. 0-13-09 - Rezoning - City Owned Property 54-64 Intended for Cemetery Expansion - Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0-13-09 Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PUBLIC SERVICE (PS) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTIFAMILY, UP TO 6 UNITS PER ACRE (RM-6) FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Hill B. Mayor McPartlan C. Vice Mayor Wright D. Council Member Adams E. Council Member Coy 2 2of64 17. ADJOURN (All meetings shall adjourn at 10 :00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: 8114113 Regular City Council Meeting 6 :30 pm 8119113 Special Meeting/Workshop on Budget 6 pm 8128113 Regular City Council Meeting 6 :30 pm 9111113 Regular City Council Meeting 6 :30 pm 9116113 Special City Council Meeting — 15t FY 14 Budget Hearing 6 pm 9125113 Regular City Council Meeting 6 :30 pm 1019113 Regular City Council Meeting 6 :30 pm 10123113 Regular City Council Meeting 6 :30 pm 11/13/13 Regular City Council Meeting 6 :30 pm 11127113 Regular City Council Meeting Subject to Cancellation or Reschedule 12111/13 Regular City Council Meeting 6 :30 pm 12125113 Regular City Council Meeting Subject to Cancellation or Reschedule 3of64 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-12 -01 Regular City Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except forindividuals giving oraccepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 4 of 64 &A MOF E HOME OF PELICAN ISLAND �, Asa �F.111 *+� HONORING THE GFWC SEBASTIAN RIVER JUNIOR 'VV0001AN'S CLUB WHEREAS, throughout America there are individuals who each day give unselfishly of their time and compassion to do for others without every expecting recognition for what they do, and the City of Sebastian has been blessed since a time when most of us didn't know that Sebastian even existed to have a group of women and some of their significant others who, for so many years, have contributed their time and energy to making Sebastian a true hometown and the greatest place to live; and WHEREAS, this proclamation honors the GFWC Sebastian River Junior Woman's Club, recent recipients of the Mary Clark Award for Outstanding Junior Woman's Club in the State of Florida, for the many, many contributions they have made to our hometown. Here are lust some of the gifts the GFWC Sebastian River Junior Woman's Club has given us. .,5t Sponsor of the SAFE Program with the Sebastian Police Department N Helped bring the North Indian River County Library to Sebastian and Hold a Children's Arts & Crafts Festival and Design a Bookmark Contest each year Support for the Back Pack Program at a local elementary school Clean the Paul Kroegei statue each year on Memorial Day and Labor Day Participate every year in the 4th of July Parade with a band, marching unit and float Charter Member of the Clambake Foundation and provide the "survivor camp" throughout the Clambake festival weekend Support for the Sebastian United Methodist Church's Summer Music Camp r Founder and Participate in the Annual Sebastian Christmas Parade — Building Santa's House in Riverview Park and bringing Santa to his house on their float led by the Club Created and maintain the Butterfly Garden at Lake Hardee Park Volunteer at the Fellsmere Frog Leg Festival Participate in the Annual Thanksgiving and Christmas Meals for Senior Citizens, Annual Touch -A -Truck Event for the Children's Resource Center, Sebastian Chamber Christmas Light Up Night, and Sebastian Police Department National Night Out Event in Riverview Park Clean up litter from CR 512 Road four times each year Build and Host the Annual Halloween Haunted House Hold an Annual Benefit Fishing Tournament t Hold Santa's Workshop at the Wabasso School for Exceptional Children Award a Scholarship each year at Sebastian River High School Assist with Safe Space of Indian River County, and Support for the American Cancer Society, Hacienda Girl's Ranch, and Canine Companions for Independence NOW, THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian and on behalf of the Sebastian City Council do hereby extend gratitude to the GFWC Sebastian Junior Woman's Club for all they do for the City of Sebastian. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 24x' day of July, 2013. CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor CM of HOME OF PELIGqJ ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Consideration of Monthly Park Agenda No. 13 109 Event at Riverview Park Department Origin: Approved, f Submittal by, City Manager Finance Direct City Attorney: City Clerk- �A tbrl/k_ Date Submitted: July 17, 2014 A4d"Mirfler For Agenda of: July 24, 2014 Exhibits: Letter and email from Mr. Stern, Sample Advertisement and Park Use Permit Application EXPENDITURE REQUIRED; AMOUNT BUDGETED- APPROPRIATION None None REQUIRED: None SUMMARY Mr, Michael Stern would like Council approval to run a monthly event on Friday evenings at Riverview Park. This event would be similar to the Main Street Vero event held in downtown Vero Beach once a month. Mr. Stern was Instrumental in starting and running the Woodstock Arts & Craft Festival when he lived in Sunrise, Florida. The attached letters detail the event and Mr. Stern's experience running events. Mr. Stern will be in attendance to make a brief presentation to Council at the beginning of the meeting. Council may wish to discuss his request later in the meeting or consider action at a future meeting. 6 of 64 Starz Events & Promotions, Inc. WON M an W _. ft & I June 19, 2013 Mr, Chris McCarthy Parks & Rec. Supt. Citvv of Sebastian 1225 Main St. Sebastian. FL 32998 Dear Mr. McCarthy: Thank y =ou for providing the Park. Use Pennit Application and explaining the procedure for obtaining permission to hold a Festival in Riverview- Park. I hope to start a monthly Festival called "Sebastian Friday Night Out" on the 3 "r Friday (if every month starting on August 16, 2013. If you are familiar with the Vero Beach Festival called "Main Street Vero" which is held on the 4'h Friday of every- month, you will get an idea of what. I'd like to do in Sebastian (only better). I want this to be a family friendly event which will provide music, children's entertainment, food and drinks (no alcohol). and booths for local business vendors and non - profits. Part of the profits will benefit Sebastian youth sport programs. I have been active as an assistant coach in the Spring Sebastian Sharks Youth Football program and I believe this Festival will provide additional funding and recruiting opportunities for them. I would also like to rotate the sports teams each month so that all the other youth sports programs i baseball. soccer. etc) share in this fundraising opportunity. Rather than ,just give cash to these sports programs, I would ask them to run the drink concession and keep those, profits for their program. I believe this will faster a work ethic for our young athletes. I plan to .join the Sebastian Chamber of Commerce and t believe this festival will provide marketing opportunities for our local small businesses. Chamber members will be s -riven a discounted booth t'ee. Non- profits will be invited to attend and f am planning, to give them a discounted booth fee also. Although I am retired. l still have the time and energy to accomplish something of value for my community. A family friendly Festival will entertain our local residents, provide fundraising opportunities for our youth sports programs, marketing opportunities for our local businesses, and exposure for non- profits' The Park Use Permit Application is enclosed. 1 look forward to presenting my proposal for the "Sebastian Friday Night Out Festival" to you and the City Manager and the City Council. Thanks for your consideration. Sincerely. Michael M. Stern, President 406 Briarcliff Circle, Sebastian, FL 32958 Rhone 772 - 918 -8802 Email rns4747@comcast.net 7 of 64 Page 1 of 2 Chris McCarthy From: ms4747 @comcast. net Sent: Wednesday, July 10, 2013 7:32 AM To: Chris McCarthy Subject: Re: Sebastian Friday Night Out Festival Dear Mr. McCarthy: I lived in Sunrise, Florida (just west of Ft Lauderdale) and bought a home in a community called Woodstock. My neighbors and I started a homeowners association which we called the Woodstock Homeowners Association. To raise funds for our association we started a small community garage sale in 1981 which grew larger each year by adding arts and crafts vendors, and musical entertainment. When the City of Sunrise built a new park, we moved the Festival there in 1985 and called it the Woodstock Arts & Crafts Festival and held it annually on the first weekend in December. I was one of the founders and first President of the Woodstock Homeowners Association and we ran the Festival in cooperation with the City of Sunrise. I remained President for 10 years before I moved. Profits were donated to the City for their recreation department youth programs. We charged the public admission to the event, either $1 per adult or 2 cans of food which we donated to the City Food Pantry (I will not charge any admission to the Sebastian Friday Night Out Festival, but I will ask the public to donate a can of food to the City Pantry). The Woodstock Arts & Crafts Festival is still being held and it continues to raise funds for the City of Sunrise recreation programs. It is similar in size to the Sebastian Clambake and is a premier event in the West Broward area. The success of the Woodstock Arts & Crafts Festival was due to the hard work of both our homeowners association members and assistance from the City of Sunrise. I am hoping to replicate that success here in the City of Sebastian by starting the Sebastian Friday Night Out Festival. I plan to involve the various youth sports programs in the Sebastian area, along with the Chamber of Commerce and local businesses, and with assistance from the City of Sebastian in using Riverview Park as our venue. Riverside Park is the perfect venue for the event. It's centrally located with excellent facilities and easy access. I do not expect a Friday night 4 hour event to draw more than a few hundred attendees, but it will give Sebastian residents who attend an enjoyable evening in a beautiful setting. It will provide our area youth sports programs with a steady source of funds, and will provide our local businesses with exposure and marketing opportunities. I look forward in meeting with the City Council to describe my vision for the Sebastian Friday Night Out Festival. Sincerely, Michael M. Stern From: "Chris McCarthy" <cmccarthy @CityofSebastian.org> To: " SebastianFridayNightOutFestival" < sebastianfridaynightoutfestival @comcast.net> 8of64 7/18/2013 Page 2 of 2 Sent: Tuesday, July 9, 2013 3:32:24 PM Subject: RE: Sebastian Friday Night Out Festival Dear Mike, We can get you on the next available meeting which will be 7/24/13. Please email a short note stating your experience with the events you ran in South Florida. Sincerely, Chris McCarthy Parks & Rec. Supt. City of Sebastian Office: (772) 228 -7054 From: Sebastian FridayNightOutFestival [ma ilto: sebastianfridaynig htoutfestiva I @comcast. net] Sent: Monday, July 08, 2013 10:19 AM To: Chris McCarthy Subject: Sebastian Friday Night Out Festival I would like to thank you and the City Manager for meeting with me to discuss the Festival, I did contact Joanne Webster (Baseball)and Pat Revezzio (Soccer),by phone and I dropped off Festival info to them. I am planning to attend their next board meetings to discuss this. dropped off Festival information to both Mike Lanam (Football) and Michael Stutzke (HS), and I hope to speak with both by phone this week. I have gotten positive responses so far and I believe I will get their board approvals. Please advise how I can arrange to appear before the City Council at the earliest date because I need to obtain approval before I can start signing up vendors. 1 would like to hold the first event on Aug 16th and if the City Council does not approve the Festival, I'll have to find an alternate sign. Thanks, Mike Stern Sebastian Friday Night Out Festival Starz Events & Promotions, Inc. 406 Briarcliff Circle Sebastian, FL 32958 772 - 918 -8802 9of64 7/18/2013 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION �TIAN siw tjOVz OF FICUCAN ISU1tit 1225 Main Street Sebastian, FL 32458 Parks Phone: (772) 228 -7 054 cmc.arthy@cityofseba.citian.org Hate: � -r ii -1 � Please check appropriate box: __ Pavilion Rental Only $100 Security Deposit - $50 4rLt plus 7% vox - $53,50 Park Event (75 to 300 anticipated attendees) * $100 Security t)eposit - $100 rent plus 7% tax - $107 Special Event (301 or more anticipated attendees)' City Council Approval $200 Security Deposit - $200 rent plus 7% tax - $214 Qfl ce Use seeunly Pd Date lindals Permit Yee Pd Date InitlaLt City Manager Appeoval ...... Date niiiais Park Sup(. Approval 0eale i+)llials cocricil Approval. Date i+t appicablej PrAce: Hire Vertf-camn {ltBripGc�ek7lf'} 17tti.�l�: i r Name of Permittee (permits may only be Issued to an adult) Name of Organization (if applicable) i`' 6.Lfiti' 4r=� 4 fI�'.L tie. S'fr-4C. Physical Address Mailing Address if Different City State Zip Code Phone E -Mail Facility (Park or Pavilion) Requested Anticipated Number of Attendees A t. t tr. �' r 1 t~ ')0, ' * %F'l't — q Flo ;J b Requested [?ate (s)'$& -A Rk. .)a} Time From - To J Raindate (if applicable) Z7,4 —'H H01,. T;4 ' *leksi7+j a- Ic(,.�b # rills- {r-s Will there be any sale of goods' Yes No (If yes, please describe type of goads on back) Will there be food or other vendors> Yes 11-° No (If yes, please list name. address of each on back with description and schematic of structures (tents, etc ) to be erected or otherwise assembled on back. (May require Health Crept or IRC Fire Dept permit) (, "lLo A t e, h '� i iR.'i the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event I have been provided with the general rules prescribed by the City and agree to the terms thereof Signature of Applicant 10 of 64 {,mac L4- �0 ALZo i-) A,,jiS 7' 'baG4 4 T CC Co 41A I SO &1 i WQ71L� CITY OF SEBASTIAN PARK USE PERMIT APPLICATION PAGE TWO List Any Vendor Information and /or Schematics on this page NAME r erg t r °° f`tii �%r -� f~i� �, �r Go � = t L1 s : yr- �/'�,ti � SCHEMATIC: :r µi: i L, 3 u 4'M('7 A- � �t1✓ Fu Q F N 4 L ,li C Ae—, eO-. L AW61 Srr,'A -- t/--V')S0 riI OFFICE USE ONLY: SPECIAL CONDITIONS IMPOSED BY CITY MANAGER OR CITY COUNCIL: 12 of 64 LF a AN On the 3'd Friday of every month 5prn -9pm 2013 Event Dates: Aug 16; Sep 20; Oct 18; Nov 15; Dec 20 This family friendly event will feature local business vendors, music, kids entertainment, and food & drink vendors. Vendor applications are now being accepted. For information please call: Mike Stern 772- 918 -8802 Starz Events & Promotions, Inc. 406 Briarcliff Cir. Sebastian, FL 32958 Vendor booths will be 10'X 10' and will assigned on a first come basis. Electricity is limited, but available for an additional charge. Tents are recommended. No tables or chairs will be supplied. No food items or beverages may be sold, or given away. if you want to be o food /beverage vendor, please contact us. Set up begins @ 3:30pm. All booths must be setup by 5 pm and remain open until 9 pm. Booth Fee $35 (20% discount for Sebastian Chamber of Commerce members and Pion - Profits) Electric $10 (if avail) EVENT DATE FEE attach check payable to Starz Events & Promotions, Inc. Vendor Name Business Name (if different) Address Phone # Email Cell # Description of Product(s) The undersigned agrees to follow all Vendor Rules included in the Regulations Packet. The Festivail reserves the right to limit or discontinue the participation of a vendor at any time. The Festival reserves the right to ask that unsuitable or unapproved products be removed from sale. Vendor application and fee must be received one week prior to the event to participate. Signature: Date: 13 of 64 QiYCf SE, HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 10, 2013 —6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Vice Mayor Wright called the Regular City Council Meeting to order at 6:30 p.m. 2. Invocation was give by Deacon John Dunlop, St. Sebastian Catholic Church. 3. The Pledge of Allegiance was led by Vice Mayor Wright. 4. ROLL CALL City Council Members Present: Vice Mayor Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Council Members Absent: Mayor Bob McPartlan (excused) City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Debra Krueger Community Development Director, Joe Griffin Finance Director, Ken Killgore Garage Supervisor, Greg Schmidt Police Chief, Michelle Morris MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 14 of 64 Regular City Council Meeting July 10, 2013 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.076 A. Certificate of Appreciation to Eric Spokas - Natural Resources Board Vice Mayor Wright read and presented the certificate to Mr. Spokas. 13.102 B. Proclamation - Treasure Coast Waterway Cleanup Week - July 21 -27, 2013 - AcceDted by Steve Haiais. former MIATC President Vice Mayor Wright read and presented the proclamation to Mr. Haigis. 13.103 C. Proclamation - Marine Cleanup Initiative, Inc. - Designating July 2013 as Marine Debris Removal Month - Accepted by Captain Don Voss Vice Mayor Wright read and presented the proclamation to Captain Voss. D. Brief Announcements Ms. Coy thanked the Lions Club and City of Sebastian staff for the spectacular 4t" of July event. She said she hoped the skydiver with the flag will continue in future years, and the City Manager said he had received a lot of input and it is already being talked about for next year with a drop zone on the east side of the park. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. 8-12 A. Approval of Minutes - June 26, 2013 Regular Meeting 13.104 B. Resolution No. R-1 3 15 - Pilots' Paradise USA - 15t Amendment to Airport Lease 13-34 (Community Development Director Transmittal, R-1 3 15, 1 st Amendment to Lease, Original Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND PILOTS' PARADISE, INC USA; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 13.105 C. Resolution No. R-1 3 16 - National Apperture, Inc. Lease at Airport Administration Building (Community Development Director Transmittal, R-1 3 16, Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND NATIONAL APERTURE, INC.; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 2 15 of 64 Regular City Council Meeting July 10, 2013 Page Three 13.106 D. Approve Annual Fuel Contract with Glover Oil Company Based on Piggyback Pricing from Port St. Lucie Bid - July 10, 2013 through June 30, 2014 (PW Transmittal, Email Letter of Agreement) MOTION by Mr. Hill and SECOND by Ms. Coy to approve the consent agenda. Roll Call: Ayes: Wright, Adams, Coy, Hill (McPartlan - Absent) Nays: None Passed 4-0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nomina tions and appointments under this heading. 13.076 A. Natural Resources Board (City Clerk Transmittal, Application, Ad, List) i. Interview, Unless Waived and Submit Nominations for the Vacant Regular Member Position with a Term to Expire July 2016 Mr. Wright noted current alternate Gerald Deredita was requesting to move up to Regular Member and was the only applicant. Ms. Coy nominated Mr. Deredita and it was the consensus of Council to appoint him. Mr. Wright congratulated him and thanked him for his service. B. Parks and Recreation Advisory Committee i. Update Report (No Backup) John Tenerowicz, 310 South Wimbrow Drive, and member of the City Parks and Recreation Committee gave an update on the Committee's accomplishments and recommendations as follows: Schumann Park - tennis court restrooms installed and awaiting permit to remove old restroom to make way for new playground Easy Street Park - sidewalk and lights installed BSSC - Creative Playground - installed new pirate ship and two shade canopies BSSC - baseball field restroom repairs completed BSSC - Multi - purpose field - new lights installed Riverview Park - Second volleyball court installed Hardee Park - playground equipment installed Community Center - new fence and playground installed Dog Park - new trees and shrubs planted BSSC - five years down the road need to look at new property for new ballfields Bikepath maps should be in process He further reported the tennis group would like a tennis or racquetball court at Friendship Park; cited the needs for a dog park slab for handicapped accessibility with proper drain, a sign for the community center at the center and on US 1, and recommendation for expansion of the current community center or a new building. Mr. Wright and Mr. Hill thanked him for his report, adding appreciation for all the work Parks and Recreation has done for the City. The City Manager said he added the committee report to see if we could move on in this fiscal year for 1) the dog park pad in the amount of $3K; 2) start a community center two phase program starting with a needs assessment; and 3) a community center sign at a cost of approximately $7K. He recommended we go ahead with the slab and sign noting $10K is within his authority to 3 16 of 64 Regular City Council Meeting July 10, 2013 Page Four expend and can be absorbed by recreation impact fees. He said the request for the community center needs analysis might be a little premature. Mr. Wright said the pad is desperately needed, and in response to Mr. Wright, the City Manager said we'll work with FDOT on the US 1 sign, and move forward on the Curt Oxford type sign at the Community Center which may be a little high, but at $7K, it can be relocated at a later time if need be. Mr. Tenerowicz reported that there are 31 homes under construction in new subdivisions which will increase recreational impact fees revenues. Mr. Wright said the need for a community center has been discussed many times and requested Council receive backup from Parks and Recreation before they act on the requested needs assessment. Ms. Coy suggested a joint workshop with Parks and Recreation to discuss possibilities. The City Manager said that might be a good idea, that most of the committee members feel a community center is needed but recommend a needs analysis first due to the large investment which has potential to absorb all the recreational impact fees. Mr. Wright said he would like to have their recommendations and concepts and fairly solid cost estimates prior to a joint meeting so it can be productive, noting there are a lot of different ideas he had heard in the last ten years and there will need to be some money retained for other projects. Mr. Hill said we are also talking about potential need for future land for sports facilities so we have to be careful with funding. Ms. Coy said she would not want to give the City Manager too much work to crunch numbers, but rather discuss ideas first. The City Manager said DST funds could be utilized for these large expenses, and $10K for a needs analysis would be appropriate to see what we want to offer to the community, and because staff doesn't really have the time to do it. Mr. Hill said we have a community center now and a survey may come back to say it can be renovated, or demolished there and rebuilt. Mr. Wright cautioned we not ignore other parks and recreation needs, and the survey could also look at other facilities to see if they are adequate and moving forward. He said the idea of a workshop is fine and suggested this be discussed at our next meeting. The City Manager suggested this be pushed back to the fall, because of the pending budget. He said Parks and Recreation suggest putting in $10K for the 2014 CIP for a needs analysis, which Ms. Coy stated seemed low, comparing it to the SRA analysis that was $89,000. The City Manager recommended we see where the budget process goes and then have more discussions on this as we get through the budget process with Parks and Recreation. Ms. Coy said we paid for a part of the SRA senior needs analysis and might be able to use some of that. Other Committee Reports Ms. Coy reported on today's Metropolitan Planning Organization (MPO) meeting, noting the City Manager and Mr. Wright were in attendance and that MPO supported the US 1 speed limit lowering and the City Manager has his marching orders. 4 17 of 64 Regular City Council Meeting July 10, 2013 Page Five The City Manager said he sent out the official request to FDOT by email today to Mr. Overton, copied to District Director James Wolf, Representative Mayfield, City Council, Chamber of Commerce and the Community Development Director. Mr. Adams reported on today's Treasure Coast Council of Local Governments (TCCLG) meeting, with a report from Workforce Solutions that the unemployment downward trend continues, and about their guest speaker, talk show host Steve Daniels, who spoke on Lake Okeechobee sport fishing, which brings revenues to the City of Okeechobee, and that there are schools with fishing teams in Florida, which, he said, could be looked at in our area as something kids can do and at the same time learn about the environment. 9. PUBLIC HEARINGS -None 10. UNFINISHED BUSINESS -None 11. PUBLIC INPUT -None 12. NEW BUSINESS 13.010 A. Recommendation to Set Maximum Millage at 3.7166 Mills and Authorize C Manager to Execute Forms DR -420, DR- 420MM -P, and DR- 420TIF (Administrative Services Transmittal, Forms) MOTION by Mr. Hill and SECOND by Ms. Coy to set the maximum millage at 3.7166 mills and authorize the City Manager to execute forms DR420, DR420MM -P, and DR420TIF. The City Manager explained that setting the millage at the current 3.7166 mills is actually a tax reduction because of a bit of an anomaly, and explained, when we set our millage rate, our rolled -back or rolled -forward rate is set on the amount of money you generate in the previous year, and that the previous year total assessed value is down by about $5M but we have approximately $9M of new growth so we are netting about $4M of new taxable growth, so the rolled -back rate is actually a rolled -forward rate, and we believe our current rate will bring in enough revenue in 2014. Ed Herlihy, Chairman, Budget Review Advisory Board, said the Board met on July 1, 2013, and the City Manager gave a power point presentation, noting the proposed budget is totally similar to the same as presented last year, there are signs we have turned the corner on real estate, and that the Board unanimously passed a resolution to adopt this millage rate and also passed a resolution that no funds be withdrawn from general fund reserves. Mr. Wright said this keeps the millage rate and taxes the same for most people, with homestead exemption limitations there is a small chance taxes could go up, said a huge amount of work was put into this, and if you look at the power point presentation by the City Manager, most Council issues have been addressed. He said he was pleased we were able to begin to address long standing projects. Mr. Hill said it was wonderful seeing a tax decrease this year, and that with staff and council leadership we were able to maintain our wonderful qualify of life, a position a lot of other cities were not able to do. Roll Call: Ayes: Adams, Coy, Hill, Wright (McPartlan - Absent) Nays: None Passed 4-0 5 18 of 64 Regular City Council Meeting July 10, 2013 Page Six 13.107 B. First Reading of Ordinance No. 0-13-04 - Annexation - 11465 Old Dixie - 81 99 Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0-13-04, Letter of Request, Staff Report, FS 171.044 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney introduced the three agenda items, three ordinances for first reading which are for the same property, for voluntary annexation, land use amendment, and rezoning, and though all tied together, will be acted upon separately. He read Ordinance No. 0-13-04 by title. MOTION by Mr. Hill and SECOND by Ms. Coy to pass Ordinance No. 0-13-04 (on first reading and set ph for August 14, 2013). The Community Development Director gave a brief presentation on the request, briefly described Planning and Zoning Commission approval on June 20, 2013 and recommended approval. Damien Gilliams, 1623 US 1, Sebastian, expressed concern about the City expanding its limits for properties abutting residential to rezone to industrial, without a clear vision of what we want to do with this area and create a need for more City services, and asked why the County doesn't want to rezone this property. He said people on Arbor Street were probably not notified and may not know about this. Mr. Hill said this was misinformation, the property was nowhere near Arbor Street and is contiguous to other industrial property, and that the County sent the individuals to the City to have it annexed and changed to industrial. Tim Freeman, property owner, said this property has been in his family since the 1940s, they did not have to worry about Arbor Street, that half of this area is RM-6 and half is Industrial. Mr. Freeman said he is the property seller and it was his understanding the short term use would be for outdoor storage and perhaps later for trees and maybe a mango winery. Vijay Saam, potential buyer, said she and her husband were looking to purchase property with an idea to grow mango trees on the 2'/z acre property, and were not looking to have major heavy industrial. She said there is not yet a specific plan, but it was Indian River County's recommendation to come to the City. She said they may do some storage for now and would not encroach on anyone's neighborhood. Mr. Wright said this is a good area for growing mangos, he grows them and is close by. Mr. Wright said there is a vast difference in IRC and City Industrial zoning categories and asked what uses are allowed in City Industrial. 6 19 of 64 Regular City Council Meeting July 10, 2013 Page Seven The Community Development said it has to be compatible with surrounding areas, and read what he classified as light industrial uses from the Land Development Code, which he said did not include any heavy industrial uses. Roll Call: Ayes: Coy, Hill, Wright, Adams (McPartlan - Absent) Nays: None Passed 4-0 13.107 C. First Reading of Ordinance No. 0-13-05 - Small Scale Comprehensive Land Use 100-114 Plan Amendment Land Use - 11465 Old Dixie - Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0-13-05, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INDUSTRIAL (IND) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF LOW -DENSITY RESIDENTIAL, UP TO 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. 0-13-05 by title. MOTION by Ms. Coy and SECOND by Mr. Adams to approve first reading of Ordinance No. 0-13-05 (and set public hearing for August 14, 2013). Roll Call: Ayes: Wright, Adams, Coy, Hill (McPartlan - Absent) Nays: None Passed 4-0 13.107 D. First Reading of Ordinance No. 0-13-06 - Rezoning - 11465 Old Dixie - 115 126 Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0-13-06, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF INDUSTRIAL (IN) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI - FAMILY, UP TO 6 UNITS PER ACRE (RM-6) FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-13-06 by title. MOTION by Mr. Adams and SECOND by Mr. Hill to approve. (Ordinance No. 0-13-06 on first reading and set public for August 14, 2013). Roll Call: Ayes: Coy, Hill, Wright, Adams (McPartlan - Absent) Nays: None Passed 4-0 The City Attorney said let's have Council state its desire to set the public hearing for August 14, 2013. Ms. Coy made a motion and it was their consensus to do so. 13. CITY ATTORNEY MATTERS The City Attorney said he would give a brief update on new State legislation relative to the City in the near future. 7 20 of 64 Regular City Council Meeting July 10, 2013 Page Eight 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Coy - None B. Council Member Hill - None C. Mayor McPartlan - Absent D. Vice Mayor Wright - None E. Council Member Adams Mr. Adams reiterated his comments about the fishing teams and said Steve Daniels contact information is phone 863--885-2230 or email stevedanie184(�Vahoo.com. 17. Being no further business, Vice Mayor Wright adjourned the Regular Meeting at 7:38 p.m. Approved at the July 24, 2013 Regular Council Meeting. By: Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 21 of 64 Gry CF SEBASTLA HOME OF PELICAN ISLAND Subject: First reading of Ordinance 0-13- Agenda No. 12A- /-5.080 07; petition for Voluntary Annexation by Al Minner, City Manager, for 1.43 -acre parcel Department Origin- C+amm ii Dev prnent of land located at 12900 U.S. 1 adjacent to the Comm Dev Director:, Sebastian Cemetery City Attorney: City Clerk: A pro d for Submittal by: City Manager Date Submitted: July 17, 2013 For Agenda of: July 24, 2013 AS i Exhibits: Ordinance No. 0- 13-07, Letter of request, Staff Report, Chapter 171.041 F. S. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY Al Minner, City Manager of the City of Sebastian, has submitted a request for annexation of 1.43 acres of land located at 12904 U.S. 1 lying adjacent to and north of the Sebastian Cemetery. The applicant has also submitted applications for a land use designation of Institutional and a zoning designation of Public Service for the subject property. Because the parcel is less than 10 acres, the Department of Community Affairs is not required to review the requested land use change. At a public Bearing held June 20, 2013, the Planning and Zoning Commission recommended approval of the requested land use and zoning changes for the properly. Staff recommends approval of the above referenced annexation, which is consistent with the goals and objectives as outlined within the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to pass Ordinance No. 0 -13 -07 on first reading and schedule a second reading and public hearing for August 14, 2013." 22 of 64 ORDINANCE NO. 0 -13 -07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Al Minner, City Manager of the City of Sebastian, has petitioned the City for voluntary annexation of said land described herein, and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: See attached Exhibit "A" as shown on the map within said Exhibit "A ", containing 1.43 acres, more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of 23 of 64 Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2013. CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan 24 of 64 ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 25 of 64 Exhibit "A" Legal Description: Page 1 of 2 Begin at the Northeasterly Fleming Grant line in Section 30 of Fleming Grant at a concrete monument marking the boundary between Lots 25 and 26 of Wauregan, for point of beginning; thence run Southwesterly along the boundary between Lots 25 and 26 of Wauregan 322.38 feet to the Easterly right -of -way of U.S. Highway No. 1 (120 foot highway width); thence run Northwesterly along the Easterly right of way of U.S. Highway No. 1 a distance of 200 feet; thence run Northeasterly on a line parallel to the side lot line between Lots 25 and 26 of Wauregan a distance of 298.9 feet, more or less, to the Fleming Grant Line; thence run southeasterly along the Northeasterly side of said Lot 25 to the Point of Beginning. All in Wauregan, Fleming Grant, according to the map or plat thereof, filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, page 75; and re -filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, pages 178 and 179; said land now lying and being in Indian River County, Florida, being in Section 30, Fleming Grant. 26 of 64 t. 23 129TH LN 7 1 1 2 2 - - - - - - -.PO WERLINE .GOLF !NC _. 3 3 y 9 tic A s� 4 .4 4 5 10 1 3 4 5 6 129TH PL 6 1 2 1 2 3 4 $ 7 4 3 14 13 12 11 129TH ST •.� 10 11 12 1 2 3 x�. SUBJECT A. K\ r SEMBLER \ G sy�Q \ WAL -MART STORtS EAST LP r / 25 l ' CITY 01= SEBASTIAN V�V 129TH LN 7 1 1 2 2 - - - - - - -.PO WERLINE .GOLF !NC _. 3 3 y 9 tic A s� 4 .4 4 5 10 1 3 4 5 6 129TH PL 6 1 2 1 2 3 4 $ 7 4 3 14 13 12 11 129TH ST •.� 10 11 12 1 2 3 x�. SUBJECT A. K\ r SEMBLER \ G sy�Q \ WAL -MART STORtS EAST LP 25 CITY 01= SEBASTIAN V�V Cr \ \ 0 (60) � 03 ,' / Y / INFORMATIONAL MAP - NOT A SURVEY The informatlon on this map Is taken from reliable sources. Location Map N However, its accuracy is not guaranteed. 27 Of 64 CFrYOF EBAST _,a_tAN HOME OF PELICAN ISLAND 1226 MAIN STREET *SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 a FAX (772) 589-5570 ,June 3, 2013 Mr. Joe Griffin Community Development Director City of Sebastian 1225 Main Street Sebastian, FL 32958 RE- ANNEXATION OF PARCEL 30-38-21-00001-0000-00025.1 Dearjoe: The City has recently purchased the above referenced parcel as an addition to the Sebastian Cemetery. Please let this letter service as a formal request to annex this parcel into the corporate city limits of Sebastian. 28 of 64 OWLIF HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT Staff Report Annexation, Comprehensive Land Use and Zoning Map Amendments 1. Project Name: Sebastian Municipal Cemetery Addition 2. Requested Action: a. Annexation of property into City limits 3. 4. S. b. Land Use Amendment From: County M -1 (Residential, 8 units per acre) To: INS (Institutional) c. Zoning Amendment From: County RM -6 (Residential Multi - family, 6 units per acre) To: PS (Public Service) Project Location: a. Address: 12900 U.S. 1 b. Legal: Metes and bounds (see attached) C. Indian River County Parcel Number: 30- 38 -21- 00001 - 0000 - 00025.1 d. Acreage: Project Owner: Project Agent: 1.43 acres City of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 589 -5330 Al Minner City Manager 1 29 of 64 6. Project Description a. b. 2 d. Narrative of proposed action: The City of Sebastian has recently purchased a parcel of land adjacent to and north of the Sebastian Municipal Cemetery for the future expansion of the cemetery. The property is located in unincorporated Indian River County. The City Manager has filed an application to annex the parcel of land into the City of Sebastian, as well as establish the land use as INS (Institutional) and the zoning as PS (Public Service). Land Use: Existing: County M -1 (Residential, 8 units per acre) Proposed: INS (Institutional) Zoning: Existing: County RM -6 (Residential Multi- family, 6 units per acre) Proposed: PS (Public Service) Adjacent Properties: e. Site Characteristics (1) (2) (3) (4) (5) (6) (7) (8) Total Acreage: Current Land Use(s): Soil: Vegetation: Flood Hazard: Water Service: Sanitary Sewer Service: Parks: 1.43 acres residence (vacant) St. Lucie sand Grasses, some trees X well septic system Community Center - .2 mile 2 30 of 64 Zoning Current Land Use Future Land Use North: CL (County) medical office M -1 (County) East: Rose -4 (County) mobile homes M -1 (County) South: PS cemetery INS West: CR Wal -Mart RMU e. Site Characteristics (1) (2) (3) (4) (5) (6) (7) (8) Total Acreage: Current Land Use(s): Soil: Vegetation: Flood Hazard: Water Service: Sanitary Sewer Service: Parks: 1.43 acres residence (vacant) St. Lucie sand Grasses, some trees X well septic system Community Center - .2 mile 2 30 of 64 (9) Police /Fire: Fire Station - .8 mile Police Station - .8 mile 7. Comprehensive Plan Consistency: Objectives and policies identified in the Comprehensive Plan must be considered when evaluating this land use amendment. Policy 1 -1.6.1 Allocation of Institutional Land Use of the City's Comprehensive Plan Future Land Use element states, "The City shall monitor the need for increased land area for institutional uses and shall assure that the institutional land use designation on the Future Land Use Map is expanded to accommodate the development of public and semi- public facilities such as governmental administration buildings; fire, police and rescue services; educational institutions and similar public uses. In addition, the City shall use the capital improvement program and budget process to pursue advance acquisition of land required to provide recreation, conservation, and related public benefits and promote multiple use of public lands." The property was purchased to expand the Sebastian Municipal Cemetery. There are a number of different scenarios used to estimate the length of time until the existing cemetery is at maximum capacity. The best estimate at this time is 15 years. The new property will provide another 20 years for a total of 35 years or more. 8. Conformance with Code of Ordinances: The proposed rezoning and land use amendments are consistent with the Code of Ordinances. 9. Changed Conditions: The residence on the property has not been occupied for some time. When the property was listed for sale, the City saw the opportunity to provide for future expansion of the Sebastian Municipal Cemetery. The City plans to remove the existing structures on the property within the next 90 days. 10. Land Use and Zoning Compatibility: The contiguous City land to the south has a land use designation of INS (Institutional) and a zoning designation of PS (Public Service). The proposed annexation is requesting the same. Therefore, this would not be considered "spot" zoning. 11. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. On -site stormwater management will be required as an essential element of future development. 12. Natural Environment: Future development of the site will be required to provide requisite open space, landscaping and tree protection as required by the Land Development Code. 13. Economic Effect: The property is currently within unincorporated Indian River County, and is assessed as a single- family residence, with homestead and disability exemptions. As such, property taxes have been minimal. As owner of the property, the City will be filing for tax exempt status. 14. Orderly Development: The proposed land use amendment provides for orderly development given the location of the site adjacent to the existing Sebastian Municipal Cemetery. 3 31 of 64 15. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to monitor the need for increased land area for institutional uses, such as a cemetery, and to expand the institutional land use designation as needed. The location of the property next to the existing Sebastian Municipal Cemetery provides a good location for an expansion, and facilitates orderly development within the area. 16. Other Matters: The requested comprehensive plan land use map amendment for the 1.43 acre parcel is a small scale amendment (under 10 acres), and will not be reviewed by the state. 17. Conclusion: The requested land use designation of INS (institutional) and the requested zoning designation of PS (Public Service) are consistent with the Sebastian Comprehensive Plan, the Land development Code and Code of Ordinances. 18. Recommendation: On ,tune 20, 2013, the Planning and Zoning Commission held a public hearing and recommended approval of the land use and zoning amendments by a 7-0 vote. Staff also recommends approval of the annexation, and that the annexed land be given a land use designation of INS (Institutional) and a zoning designation of PS (Public Service) for the property located at 12900 U.S. 1, Parcel ID 30-38-21-00001- 0000- 00025.1. PI,EPARED BY, " 7- 1 ?- �. DATE 4 32 of 64 3120130037199 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2676 PG: 571, 6/7/201312:19 PM D DOCTAX PD $2,100.00 This Document Prepared By and Return to: Professional Title of Indian River, Inc. 1546 N. U.S. Highway One Sebastian, Florida 32958 Lf 39 8Z Parcel ID Number: 30- 38 -21- 00001 - 0000 - 00025/1 Warranty Deed alo This Indenture, Made this day of May , 201 I.D., Between Charmian Herd Rallis oftheCountyof Indian River, Stateof Florida grantor, and City of Sebastian whoseaddressis: 1225 Main Street, Sebastian, Fl. 32958 of the County of Indian River , state of Florida , grantee. Witnesseth that the GRANTOR, for and inconsideration of the sum of ------ - --------------------- THN DOLLARS ( $10) ---------------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indian River State of Florida to wit: Begin at the Northeasterly Fleming Grant line in Section 30 of Fleming Grant at a concrete monument marking the boundary between Lots 25 and 26 of Wauregan, for point of beginning; thence run Southwesterly along the boundary between Lots 25 and 26 of Wauregan 322.38 feet to the Easterly right -of -way of U.S. Highway No. 1 (120 foot highway width); thence run Northwesterly along the Easterly right of way of U.S. Highway No. 1 a distance of 200 feet; thence run Northeasterly on a line parallel to the side lot line between Lots 25 and 26 of Wauregan a distance of 298.9 feet, more or less, to the Fleming Grant Line; thence run Southeasterly along the Northeasterly side of said Lot 25 to the Point of Beginning. All in Wauregan, Fleming Grant, according to the map or plat thereof, filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, page 75; and re -filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, pages 178 and 179; said land now lying and being in Indian River County, Florida, being in Section 30, Fleming Grant. Grantor(s) further warrant that the above described property is not their homestead. Subject to all valid restrictions, reservations, easements and zoning of record. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: (Seal) 'Charmian Herd Rallis P.O.Address: C/o Raymond Wells P.O. Box 651117 Vero Beach, FL 32965 COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of Charmian Herd Rallis who is personally known to me or who has produced hg#X$ARtX1[A0 fWXKe es id her Florida I.D. Car a SRARIALAIID&WN 5.: r MYC0MMffi01EE19M4 EXPIRES: Febmary20,2016 so*dTlw Namy wbfie undaw ns Printed Name: Notary Public My Commission Expires: 'R 1.701201(I 43782 33 of 64 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print I Back Indian River County GIS sao Fief ParcellD OwnerName PropertyAddress 30382100001000000025.1 CITY OF SEBASTIAN 12.900 US HIGHWAY 1 SEBASTIAN, FL 32958 Notes 34 of 64 http:ll www.ircpa.org/PrintMap.aspx 7/17/2013 3038300001WC00003J20 IR;ZWI LLC M-1 a03821 00 DOI 00000024.0 / Muni WAL-MART STORES EAST LP 303821 00DOI 000000023.3 25 INFORMATIONAL MAP - NOT A SURVEY The mformalion on it map is tAxen from reliable sources However. ift accuracy Ps not guaranleed. 6 5- POWERLINE GOLF INN 129TH PL I I �, SUBJECT / RALILfS 10C 30388 2100001000000025,1 .ii 1 1.2 30383000009000000000.1 CITY OF SEBASTIAN COUNTY LAND USE 14 129TH ST f FUTURE 'LAND USE MAP 2025 -. C ONSERINL" C.WIMERCa LIWED � CRASOLNJDARY AGFOGULTL{RE @Aac.1�Au1':acmi - COMM16R.CWL.GEFR/LLClTY11NDAR'i VERY LOW DENSITY RESIDENTIAL [Mac. }dhoti -COMMERCIAL 512 COASTALHIC+HAIARD AREAS LOWI DENSITY RESIDENTIAL N. 5I&M-1 - RM RFRONT LIKED USE VIL4TER MOBILE HOME (Ma. . 5 Rufaci M. INDUSTRIAL - MEDIUM 6F.NSTTY RESIDENTTAL W" 5duta l M INSTITUTIONAL r g t� 132ND ST �h _ 131 ST ST 130TH PL 130TH ST AL r i ' CITE' LTD USE 00or `� 129TH PL � , 129TH ST SUBJECT 36 of 64 U 0 C7 a CL as w C] 0 O 0 0 0 0 0 CDO CD d O co 0 C3 F- U) f� N 0 z \. a m ' Cn 0 vj f LU o 0 I Q 00 a CL as w C] 0 O 0 0 0 0 0 CDO CD d O co 0 C3 F- U) f� N 0 z 0 \. 0 o 0 m ' Cn 0 vj f LU o 0 I Q 00 B r` V �r 0 0 0 Q 0 o c) 0 0 \. 0 o 0 LO Cn 0 Q C3 CJ CD LU o 0 J c"a 00 a o o r*� 0 0 0 o C"1 � O � fi7 0 f„Q � tt N C3 CJ CD W/ J a o ca U 0 0 (7 V D W Cl) N LIJ C3 rr O Q C) C) ID Q r J m m m 37 of 64 C'3 z Z O N H Z O U 7 rri w /ti y C V m � Bo Y N y U Q 0 o � } ©� W. z T. tLA O 4 O O 0 4 O O 4 C] 4' 0 0 eo a[a 3Y C, L mot,. 4 O C7 ( ] D cn N Qe i fiu �2 6 0 4 0 CD CD 0 C) �a C$ 0 0 Cl) co 0 ' ] [`r R z z X13 C3 t �W 4 C7 � � H r� V P C) fiu �2 6 0 4 0 CD CD 0 C) �a C$ 0 0 Cl) co 0 ' ] [`r R z z X13 0 �W 4 C7 � � H r� V lr3 4 � � d v� ± � LU o a m Q�h N n L° CZ CD 0 E d Z -S 2 J © ° 9 O co co 00 CAL r 0 C? Z 38 of 64 Statutes & Constitution :View Statutes: Online Sunshine Page 1 of 1 Select Year: 2012 ! Go The 20-12 Florida Statutes Title Xil Chapter 171 View Entire Chapter MUNICIPALITIES LOCAL GOVERNMENT BOUNDARIES 171.044 Voluntary annexation.— (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Not fewer than 10 days prior to publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection may be the basis for a cause of action invalidating the annexation. History. —s. 1, ch. 74 -190; ss. 4, 5, ch. 75 -297; s. 3, ch. 76 -176; s. 2, ch. 86 -113; s. 1, ch. 90 -171; s. 16, ch. 90 -279; s. 16, ch. 98- 176; s. 3, ch. 2006 -218. Copyright o 1995 -2013 The Florida Legislature • Privacy Statement • Contact Us 39 of 64 http: / /www.leg. state. fl. us / STATUTES /index.cfln ?App_ node= Display_Statute &Search String = &U... 7/3/2013 L^R CIF S ASTL EB �-�AN j11:A -7 HOME OF PELICAN ISLAND Subject: First reading of Ordinance 0-13- Agenda No. 1 - 13. D $() 08; Land Use Amendment for a 1.43 -acre of land located at 12900 U.S. 1 Department Origin: Commu! pment ,parcel adjacent #o the Sebastian Cemetery =Div Comm Dery Direct �- City Attorney: A ro for Submittal lay. City Manager City Clerk: Date Submitted: July 17, 21413 A k Witet For Agenda of: July 24, 2013 Exhibits. Ordinance No. 0- 13 -08, P & Z minutes, application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY If annexation is approved, the City must designate a land use and zoning for the property compatible with city classifications. The applicant is requesting Institutional (INS) for the land use and Public Service (PS) for the zoning. These requests are consistent with the Comprehensive Plan and Land Development regulations. At a public hearing held June 20. 2€113, the Planning and Zoning Commission recommended approval of the requested land use and zoning changes for the property. Because the parcel is less than 10 acres. the proposed land use map amendment will not be reviewed by the state. Staff recommends approval of the above referenced land use amendment, which is consistent with the goals and objectives outlined within the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to pass Ordinance No. 0 -13 -08 on first reading and schedule a second reading acid public hearing -for August 14, 2013." 40 of 64 ORDINANCE NO. 0 -13 -08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INSTITUTIONAL (INS) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF RESIDENTIAL, UP TO 8 UNITS PER ACRE (M -1) FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has considered the application by Al Minner, City Manager of the City of Sebastian, for a land use amendment to designate an initial land use for certain property considered for annexation from its existing Indian River County Future Land Use Map designation of Residential, 8 units per acre (M -1) to a City designation of Institutional (INS); and WHEREAS, the City Council has considered the applicable provisions of the existing Sebastian Comprehensive Land Use Plan, the Sebastian Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has determined that the proposed changes in the Sebastian Comprehensive Land Use Plan are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian; and WHEREAS; the City Council has provided notice of the proposed plan amendment and has conducted the required public hearings to receive citizen input. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: 41 of 64 Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" containing 1.43 acres, more or less, as depicted on the map within said Exhibit "A ". Section 2. LAND USE DESIGNATION. The real property described in the attached Exhibit "A" is hereby given a City land use designation of Institutional (INS). Section 3. COMPREHENSIVE LAND USE MAP. The Comprehensive Plan Future Land Use Map shall be amended to include the real property described in the attached Exhibit "A ", and reflect its designated land use as Institutional (INS) in accordance with the requirements of Florida law. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect 31 days after its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 42 of 64 Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2013. CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 43 of 64 Exhibit "A" Legal Description: Page 1 of 2 Begin at the Northeasterly Fleming Grant line in Section 30 of Fleming Grant at a concrete monument marking the boundary between Lots 25 and 26 of Wauregan, for point of beginning; thence run Southwesterly along the boundary between Lots 25 and 26 of Wauregan 322.38 feet to the Easterly right -of -way of U.S. Highway No. 1 (120 foot highway width); thence run Northwesterly along the Easterly right of way of U.S. Highway No. 1 a distance of 200 feet; thence run Northeasterly on a line parallel to the side lot line between Lots 25 and 26 of Wauregan a distance of 298.9 feet, more or less, to the Fleming Grant Line; thence run Southeasterly along the Northeasterly side of said Lot 25 to the Point of Beginning. All in Wauregan, Fleming Grant, according to the map or plat thereof, filed in the office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, page 75; and re -filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, pages 178 and 179; said land now lying and being in Indian River County, Florida, being in Section 30, Fleming Grant. 44 of 64 I 23 129TH LN 7 1 1 2 ' 2 pro - - - - - - - - POWERLINE_GOLF !NC 3 p f / 3 9 s 4 4 5 10 1' 3 4 5 6 129TH PL 6 1 2 1 2 3 4 3 7 / 1 $ 4 3 14 13 12 11 129TH ST l J �... 10 11 12 1 2 3 SUBJECT - SEMBLER / \ WAL -MART STOKES EAST LP 25 ' rn crrr OP sEeasrraN ` Cr 26 .o l � ` INFORMATIONAL MAP - NOT A SURVEY me Information on INS map is taken /ram reliable sources. G Location Map ro However, its accuracy ts not guaranteed. 45o PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 7, 2013 Mr. Thomas Saam, thanked everyone for their assistance with the process. He stated that at this time he did not have a fully developed business plan for the property, but the long term vision is to plant some tropical fruit and start a winery. In the short term, he may develop an outside storage lot on a portion of the site to help pay the taxes. He felt by annexing, the tax base would be increased, and there could be potential employment positions down the road. He verified that the land use request was consistent with the Comp Plan in that it was adjacent to the railroad and other existing industrial uses. Mr. Dodd asked if the short term use would be similar to the uses to the north, which are trade facilities and warehouses. Mr. Saam stated yes. Mr. Durr asked the applicant why he wanted to annex into the city. Mr. Saam stated the current county zoning was residential, and if he re -zoned the property through the county to what he needed, it would be a. spot zoning situation for them and not allowed. Indian River County staff guided him to contact the city. Chmn. Dodd opened the public hearing. Mr. Ben Hocker, Sebastian, asked if the zoning would allow a cement plant, or what would be the worst scenario for the property affecting the area. Mr. Dodd stated the city's IN zoning district does not allow a batch concrete plant and uses allowed were of a light industrial nature. Probably the worst use allowed could be a crematorium. Mr. Tim Freeman, property owner, stated he was available for questions. The property had been in his family since the 1940's. Mr. Griffin re- stated that staff recommends the property be rezoned to [Light] Industrial and it be given a land use of Industrial. Mr. Carter had additional questions regarding the winery. Mr. Saam stated he had an interest in and was developing a Mango wine, and explained some of the FDA and state regulations he would have to meet to sell the product. Purchasing this property to plant trees was a start, and he would need to buy more property to the south. Mr. Qizilbash questioned what would happen if the annexation was denied. Mr. Griffin stated that the city would then not acquire the property and their recommendation would be null & void. MOTION by Durr /Carter to recommend approval to City Council to approve the Land Use amendment and re- zoning for the proposed annexation, if that happens, of Parcel ID 31- 39 -07- 00000- 1000- 00009.0. ROLL CALL: Mr. Durr yes Mr. Qizilbash yes Mr. Paul yes Ms. Kautenburg yes Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 7 -0. Motion passed. B. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT AND RE- ZONING (FOR A PROPOSED ANNEXATION) — CITY OF SEBASTIAN — PARCEL ID NO. 30 -38 -21 -00001 -0000 -00025.1 — 12900 US HIGHWAY #1, ADJACENT AND NORTH OF THE SEBASTIAN CEMETERY — SUBJECT PARCEL IS 1.43 ACRES, MORE OR LESS — REQUEST IS FOR INS (INSTITUTIONAL) LAND USE AND PS (PUBLIC SERVICE) ZONING Mr. Griffin stated the city has recently closed on the property, which is the 1.4 acres directly north of the city cemetery, currently located in the County. The request by the City [as applicant] is, 2 46 of 64 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 7, 2013 along with annexation, that a Land Use of Institutional and a zoning of Public Service be assigned to the property. The proposed is consistent with the Comprehensive Plan, and staff recommends approval of the request. Mr. Ginsburg made corrections with respect to the address and requested zoning. Chmn. Dodd opened the public hearing. Ben Hocker, Sebastian, asked questions clarifying who had jurisdiction and who had control of the property, if annexation was necessary, and if we could just petition the County for rezoning. Mr. Ginsburg answered his questions, and staff stated that we would not want a portion of the city's cemetery located in the County. Chmn. Dodd stated the City could possibly generate funds by selling off the sand /fill on the lot. MOTION by Durr /Carter to recommend to the City Council to approve staffs recommendation for the land use amendment and rezoning for the proposed annexation of 12900 US Highway #1. ROLL CALL: Mr. Dodd yes Mr. Roth yes Mr. Durr yes Mr. Paul yes Mr. Carter yes Ms. Kautenburg yes Mr. Qizilbash yes The vote was 7 -0. Motion passed. CHAIRMAN MATTERS: Chmn. Dodd asked the Commissioners if they would be agreeable to cancelling the regular scheduled meeting of July 4th, and re- scheduling to the following Thursday on July 11th. Mr. Paul stated he would need to be excused. Rescheduling was approved by a voice vote. MEMBERS MATTERS: Mr. Roth apologized for his late arrival. DIRECTOR MATTERS: Mr. Griffin updated the Commissioners on projects in the city: current review of the Buried Treasure Antique Shop site plan, pre - application meetings with Cumberland Farms representatives [on CR512 & Barber Street] to demolish the site and rebuild a new building with a safer traffic site plan, Cross Creek Lake Estates Final Plat with new home construction starting, airport and runway updates along a Main Street improvement overview, and a Working Waterfront update. He also discussed a Planning Officials Training class offered through the Atlantic Coast Section of the American Planning Association on 7/19/13 from 8:30 am to 4:00 pm in Viera, Florida, and stated the city would cover the $10 registration fee for any Commissioner who wished to attend. Contact Ms. Bosworth by Wednesday, July 3`d, and she would handle the registration. ATTORNEY MATTERS: Mr. Ginsburg noted he had been called for jury duty the week of July 11th, but that it should not prevent him from attending the rescheduled meeting. Chairman Dodd adjourned the meeting at 7:34 p.m. (db) 3 47 of 64 Permit Application No. ST_V City of Sebastian M Development Order Application Applicant If not owner, written authorization notarized from owner is required) - Name: �t'�- - - Address: C ►- 't' rrlr- Phone Number: { ) - FAX Number { j - 7Z -,5-99-,S330 - E -Mail: Subdivision; -Owner If different from a licant Name: VV\. Address: Phone Number: { ) - FAX Number: E -Mail: Title of permit or action requested: /I ,�.., �/ / � ,,/� �9 (,.F2 -I\ -- U `J C� 1Y W'L C r1 Cam- WiG r1 `�-- PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REOUESTING, COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1f2" By 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): ��//�� G+P � z I44Gt r t d w, B. Site Information Address: J ?I q00 . Lot: Block: Unit: Subdivision; e Cr f + t c.vti- Indian River County Parcel #: .39 - a 1— 6000 ! — 0000 - 4100Z'5 • 1 Zoning Classification: Future Land Use: / Existing Use: yre s1, cLC I Proposed Use: PS PcRbt ;c_ C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessa p ,s DATE RECEIVED: 5 �301 1_z- FEE PAID: $ RECEIVED BY: . 48 of 64 Permit Application No. D. Project Personnel: Agent: Name: 01 rte: ^ vx e-v - C + Mc, ^ C.. f, ,- Address Phone Number: ( ) - FAX Number: E -Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Surveyor: Name: Address Phone Number: ( ) - FAX Number: E -Mail: I, 01 Yn� nn -G ve� ' BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER ye!!�_ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS AP LI ION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE A U T AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. � 3 t3 A RE DATE SWORN TO A UBSCR� IB_ ED BEFORE ME BY iiCll�t� ftluM "2 WHO 1 FRSQNALLY KNOWN TO M. R PRODUCED AS IDENTIFICATION, THIS 3 DAY OF -TiA wC _'2013 NOTARY'S SIGNATURE C'2�zit-- 01&_� PRINTED NAME OF NOTARY /K • r3oSwayenl COMMISSION NO. /EXPIRATION tf aDi 1$f ) -twit= ar . jolty SEAL: To 24 99 :fir #EE207188 e�.•OQO� 49 of 64 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. IME, _ 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 PatbMMlSSIM I cau eouuC.tl✓ 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 Ihn/E 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. ER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 0 1 /15 DATE Sw6rn tom! ed before me by ALFez!E� .Mruwo,2_ who i er know�to or pr oduced as identification, this y of S'u uE 20j OOQ .���piSSlO�y�•o 0,p��� Notary's Signature Printed Name of Notary bog Al oScd aleTi4- Commission No. /Expiration - as ao t ,z ; Seal �o . #EE207188 Q; SITAp���a� 50 of 64 Permit Application No. ]R 11 Supplemental Information H&JtO€ PELICAN ISLAND Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: _ — r ,..1.4 2. Proposed land use reap designation: A) 1R 3. Size of project in acres: / • Lf _-S /I c-/ e- S 4. Describe the impact of the proposed change on the ether elements of the comprehensive plait and applicable ordinances of the City N o t rv. p G. G t- 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Y& S 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which ones)? Y& 51 of 64 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? IU oh 52 of 64 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. /00 12. Does the proposed amendment result in an orderly development pattern? If not, describe. y 5 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. 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. ✓. A survey and legal description of the property for which the land use amendment is being requested. 53 of 64 CR Of E BAST HOME OF PELICAN ISLAND Subject: First reading of Ordinance 0 -1.3- Agenda No. - 09; Zoning Amendment for a 1.43 -acre parcel of land located at 12900 U.S. 1 Department Origin: Comm ty Dev opment adjacent to the Sebastian Cemetery Comm Dev Directy- City Attorney: A pro d or Submittal by; City Manager 'City Clerk: Date Submitted: July 17, 2013 ACie'- 17 7 i n r For Agenda of: July 24, 2013 Exhibits: Ordinance No. 0- 13 -09, application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY If annexation is approved, the City must designate a land use and zoning for the property compatible with city classifications. The applicant is requesting Institutional (INS) for the land use and Public 'Service (PS) for the zoning. These requests are consistent with the Comprehensive Plan and Land Development regulations. At a public hearing held June 20, 2013, the Planning and Zoning Commission recommended approval of the requested land use and zoning changes for the property. Staff recommends approval of the above referenced zoning amendment, Which is consistent With the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to pass Ordinance No. 0 -13 -09 on first reading and schedule a second reading and public hearing for August 14, 2011" 54 of 64 ORDINANCE NO. 0 -13 -09 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PUBLIC SERVICE (PS) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI- FAMILY, UP TO 6 UNITS PER ACRE (RM -6) FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Al Minner, City Manager of the City of Sebastian, has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. 55 of 64 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" containing 1.43 acres, more or less, as depicted on the map within said Exhibit "A ". Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Public Service (PS). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property described in the attached Exhibit "A" and reflect its designated zoning district as Public Service (PS). Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall take effect 31 days after its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 56 of 64 Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this day of 92013. CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 57 of 64 Exhibit "A" Legal Description: Page 1 of 2 Begin at the Northeasterly Fleming Grant line in Section 30 of Fleming Grant at a concrete monument marking the boundary between Lots 25 and 26 of Wauregan, for point of beginning; thence run Southwesterly along the boundary between Lots 25 and 26 of Wauregan 322.38 feet to the Easterly right -of -way of U.S. Highway No. 1 (120 foot highway width); thence run Northwesterly along the Easterly right of way of U.S. Highway No. 1 a distance of 200 feet; thence run Northeasterly on a line parallel to the side lot line between Lots 25 and 26 of Wauregan a distance of 298.9 feet, more or less, to the Fleming Grant Line; thence run Southeasterly along the Northeasterly side of said Lot 25 to the Point of Beginning. All in Wauregan, Fleming Grant, according to the map or plat thereof, filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, page 75; and re -filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, pages 178 and 179; said land now lying and being in Indian River County, Florida, being in Section 30, Fleming Grant. 58 of 64 23 129TH LN . 7 1 1 2 2 % -- - - - - - - - POWERLINE GOLF WC _ -- 3 f 3 ,pjy - 9 S oT 4 4 5 10 1 3 4 5 6 129TH PL 6 1 2 1 2 3 4 5 7 4 3 14 13 12 11 8 129TH ST 10 11 12 r SUBJECT l SEMBLER 129TH LN . 7 1 1 2 2 % -- - - - - - - - POWERLINE GOLF WC _ -- 3 f 3 ,pjy - 9 S oT 4 4 5 10 1 3 4 5 6 129TH PL 6 1 2 1 2 3 4 5 7 4 3 14 13 12 11 8 129TH ST 10 11 12 r SUBJECT SEMBLER WAL -MART STORES EAST LP 25 t „ •` CITY OP SEBASTIAN =. `- Cr 26 (60) ` INFORMATIONAL MAP - NOT A SURVEY The Information on this map is taken from 0 iT „ Location Map N reliable sources. However, its accuracy is not guaranteed. 590 64 MOT t0 1GlF Permit Application No. ana City of Sebastian WME oF nw-m ismD Development Order Application Owner If different from applicant) Name: .SC. 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): ce-w\e, t e'- y A Act ►' k .'a ^ B. Site Information If not owner, written authorization notarized from owner is required) -Applicant Name: G� .+ 0.F Address: Z ZS VIY\ G ^ 5,r r e- e-,4-- ) - FAX Number: Phone Number: ( 772, S33 0 E -Mail: Future Land Use: M- l Owner If different from applicant) Name: .SC. 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): ce-w\e, t e'- y A Act ►' k .'a ^ B. Site Information Address: I Z 960 U Lot: Block: Unit: jeG. ) G Subdivision: a( a Kac�V\.e -d_ Indian River County Parcel #: 30 - 300 - Z! - 0006 f - 46606 - 060 Zoning Classification: M'& 11504A^ Future Land Use: M- l Existing Use: r es 4'd e- W% c Proposed Use: G G rv\ e- t 'e r C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED:,L� / 3 FEE PAID: $ /J RECEIVED BY: 60 of 64 7 Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer. Name: Address Phone Number: ( ) - FAX Number: E -Mail: Surveyor: Name: Address Phone Number: ( ) - FAX Number: E -Mail: I, Al , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER 11/1 AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APP ICATI N, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE AC U ND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. �'h& T QE DATE r SWORN TO AND SUBSCRIBED BEFORE ME BY A&M—e—ts 1"ONCY-e- WHO I ERSONALLY KNOW OR PRODUCED AS IDENTIFICATION, THIS 3'00 DAY OF JUP6- 20ja. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION �C �a7(iCSfuE a$, aol SEAL: 61 of 64 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. IME, _ THE OWNER(S) / V-' 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 Pz CDMMlssf n eLbi eoauC� �. BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPtRTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. ME HEREBY WAIVE ANY OBJECTION OR DEFENSE IME MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THI WAI AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PRO ISE ADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 4313 Slok7<Rk DA Sworn to and suhsrribed before me by hL f 1?_j_-n MtNNeP_ who i�ersonallv known to me Dr produced as identification, this of -3-uPt _,20t3 Notary's Signatureau Printed Name of Notary D le+a(Lt Commission No. /Expiration t "Zo'7181 o- t -Zor4 Seal: 62 of 64 Permit Application No. `MLN Supplemental Information Rezoning Request ?_ OATTACH ADDITIONAL PAGES IF NECESSARY. HOME of PELICAN ISLAND 1. Proposed zoning 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. A- 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. i �0 i� d ;J l G t.►j`] �� � E__ / +L� % � Cj 47 aT �. � +e ev s i F 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? - 5. Explain how the proposed rezoning is compatible with the existing or future land uses of t_he. City. . r'r1 � c• S /,C) ,- / 4 6. Are there adequate public facilities to serve the proposed land use? 63 of 64 Permit Application No. _ 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. I)Q flyaG'F- 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 city. No C. -F' e c +-• 9. Describe how the proposed rezoning will result in an orderly development pattern. Sa Va t.'�' ZOY% i e. a'S l e i4. to Souk . _ 10. Attach the following: �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. L,�G. 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. 64 of 64