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HomeMy WebLinkAbout08142013 Agenda PacketCn Cf SEAT -N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 14, 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. INVOCATION - Lakeside Fellowship Church 3. PLEDGE OF ALLEGIANCE - Led by Council Member Jerome Adams 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. Brief Announcements • Monday — August 19, 2013 Special Meeting /Workshop on FY 14 Budget — 6 pm • Thursday, August 22, 2013 through Friday, September 6 — Official City Candidate Qualifying Period for November 5, 2013 General Election — Three Council Seats 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. 6 -12 A. Approval of Minutes - July 24, 2013 Regular Meeting 13.007 B. Request for Sebastian River Area Chamber of Commerce Candidate Forum - 13 October 29, 2013 (City Clerk Transmittal) 13.110 C. Waive Competitive Bid Procedures and Authorize Renewal of Property, Casualty, 14 -15 Liability and Workers' Compensation Insurance Contract with Florida League of Cities for Additional Five Year Term Subject to Acceptable Rates (Administrative Services Transmittal, FMIT Proposal) 13.111 D. Approve Road Closures for American Cancer Society Great Strides Walk on 16 -18 October 19, 2013 - IR Drive from Coolidge South to Southern City Limit, Sebastian Blvd from East of Hess to IR Drive and Harrison Parking Entrance to IR Drive 8:30 am to Noon (Parks Transmittal, Park Use Permit Application, Aerial Map with Route) 1 of 125 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 The following hearings are being conducted for annexation, small -scale land use change and rezoning for two properties and since portions of them are considered quasi-judicial matters, the procedures for quasi - judicial hearings is provided below: Quasi- Judicial Public Hearing Procedures: • Mayor opens hearing • Attorney reads ordinance or resolution • City Council Members disclose ex -parte communication • City Clerk swears in all who intend to provide testimony • Staff presents findings and analysis • Applicant makes presentation • Council asks questions of the applicant and staff • Mayor opens the floor for anyone in favor of the request (anyone presenting factual information • shall be sworn but anyone merely advocating approval need not be sworn in) • Mayor opens the floor for anyone opposing the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • City Council deliberation and questions • City Council Action 13.107 11645 Old Dixie Highway — Annexation, Small Scale Comprehensive Land Use — 19 -38 Amendment, Zoning A. Second Reading and Public Hearing - Ordinance No. 0 -13 -04 - Annexation — 11465 Old Dixie — Schedule Second Reading and Public Hearing for August 14, 2013 (CDD Transmittal, 0- 13 -04, Letter of Request, Staff Report, Chapter 171.044 FS, Letter to IR Commission) 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. (1St reading 7/10/13, Advertised 7/30 and 8/6/13, Letter to IRC Commission 7/19/13, PH 8/14/13) 39 -53 B. Second Reading and Public Hearing - Ordinance No. 0 -13 -05 —Small Scale Comprehensive Land Use Plan Amendment Land Use —11465 Old Dixie — (CDD Transmittal, 0- 13 -05, 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 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. (1St reading 7/10/13, Advertised 7/30/13, PH 8/14/13) 54 -65 C. Second Readinq and Public Hearinq - Ordinance No. 0 -13 -06 - Rezoning — 11465 Old Dixie — (CDD Transmittal, 0- 13 -06, Application) 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. (1St reading 7/10/13, Advertised 7/30/13, PH 8/14/13) 2of125 13.080 12900 US 1 - City Owned Property Intended for Cemetery Expansion — Annexation, 66 -84 Small Scale Comprehensive Land Use - Amendment, Zoning D. Second Reading and Public Hearing - Ordinance No. 0 -13 -07 - Annexation — Cii Owned Property Intended for Cemetery Expansion (CDD Transmittal, 0- 13 -07, Letter of Request, Staff Report, Chapter 171.044 FS, Letter to IRC Commission) 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. (1 St reading 7/24/13, Advertised 7/30 and 8/6/13, Letter to IRC Commission 7/19/13, PH 8/14/13) 13.080 E. Second Reading and Public Hearing - Ordinance No. 0 -13 -08 — Small Scale 85 -98 Comprehensive Land Use Plan Amendment — City Owned Property Intended for Cemetery Expansion — (CDD 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. (1St reading 7/24/13, Advertised 7/30, PH 8/14/13) 13.080 F. Second Reading and Public Hearing - Ordinance No. 0 -13 -09 — Rezoning — Cil 99 -109 Owned Property Intended for Cemetery Expansion (CDD 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 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. (1St reading 7/24/13, Advertised 7/30, PH 8/14/13) 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 12. NEW BUSINESS 13.112 A. David Kurland, General Manager & COO, Captain Hiram's - Application and 110 -115 Briefing on Captain Hiram's River Challenge Triathlon — Approve and Direct City Manager to Effect Necessary City Support for the Event Community Development Director Transmittal, Correspondence, Application, Routes) 13.113 B. Employee Insurance Coverage 116 -122 1) Renew Employee Group Medical with Florida Blue for One Year 2) Award Employee Group Dental to Florida Combined Life for One Year 3) Employee Group Vision to Davis Vision for Two Years 4) Renew Employee Assistance Program (EAP) to MHNet for One Year (Administrative Services Transmittal, Gehring Group Evaluation, Employee Benefits Executive Summary) 13.114 C. Consider Council Meeting Schedules for November and December (City Clerk 123 -125 Transmittal, Calendars) 3 of 125 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor McPartlan B. Vice Mayor Wright C. Council Member Adams D. Council Member Coy E. Council Member Hill 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: 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 — 1St 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 11/13113 Regular City Council Meeting 6:30 pm 11127113 Regular City Council Meeting Subject to Cancellation or Reschedule 12/11/13 Regular City Council Meeting 6:30 pm 12125113 Regular City Council Meeting Subject to Cancellation or Reschedule 4of125 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -12 -01 Reqular 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 for individuals giving or accepting 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. 5of125 Can L.* SEBASM�M, HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 24, 2013 -6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. There was a moment of silence. 3. The Pledge of Allegiance was led by Mayor McPartlan. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Community Development Director, Joe Griffin Parks Supervisor, Chris McCarthy Deputy Police Chief, Greg Witt MIS Systems Engineer, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 13.108 A. Proclamations /Awards i. Proclamation and Presentation of Pelli Award - GFWC Sebastian River Junior Woman's Club Mayor McPartlan read the proclamation and Pelli award, presented them to GFWC Sebastian Junior Woman's Club members and congratulated them on all they offer to the community. 6 of 125 Regular City Council Meeting July 24, 2013 Page Two 13.109 B. Michael Stern Brief Presentation — Idea for Monthly Event in Riverview Park (Transmittal, Letter with Narrative, Application) Michael Stern presented his idea for a monthly 3rd Friday evening event in Riverview Park much like those held in Vero Beach and Melbourne, which could help local businesses and youth programs such as the soccer, football and baseball leagues. He explained the sports leagues would have groups work in the festival at drink and food booths. He said he was interested in working with the Chamber and other organizations. In response to Mr. Hill, Mr. Stern said he did not consider alcohol because he wanted it to be family friendly, recapped his founding and participation in an event in Sunrise Florida that continues today, he has the time and energy, the event would benefit local business vendors, would include food, crafts, a Sebastian has got talent contest, and would be a fundraiser for the sports leagues, which would run their own booths and keep whatever they make. Mr. Hill said he was in favor of the idea of a monthly event but would need more information before he approved it. In response to Mr. Wright, who noted this is intended to be for profit, and asked for his rationale, Mr. Stern said he had no problem with registering as a non - profit, was not a 501 c3 at this time and sometimes for profit for events such as this are more profitable. Mr. Wright stated that past councils have not gone for for-profits in Riverview Park, noted that for other annual events the City hosts, the City typically gets financial statements to verify that funds collected go to charities and non -profits. He also said the fact that Mr. Stern saying that he would supply the list of vendors after approval raised a red flag for him. Mr. Stern said getting them prior to approval would be difficult and Mr. Wright said he could at least identify the people who are interested. Ms. Coy said having done the clambake for many years, a three day operation, takes a lot of energy, volunteers, and time for the non -profits and everyone works very hard, and she was concerned that he might not get the ground swell of support for his activity. She said she would like to see more activities in the park but some months are very busy. She said she would like to see more information and more input from the local sports league reps saying they can handle this. She said she was also concerned that vendors may not be interested if he is only anticipating attendance by 300 people, and wondered if that was a realistic estimate. She also expressed concern for staff time for cleaning up and setting up the stage, noting that City staff is short and there is no funding for OT and wanted assurances that it would not be a burden on the City. Mr. Stern said he was happy to come back with supporters, and said the participants want to do the work and the cleanup, but may need the stage, and want it to be a positive thing. Mr. Hill said Council typically gets a map showing where vendors and other amenities will be set up. Mr. Wright said twelve events per year would not be realistically possible due to conflicts around Christmas and the January art festival and other uses, noting the City wouldn't approve our own fisherman for more than a couple of these events. 2 7of125 Regular City Council Meeting July 24, 2013 Page Three Mr. Stern asked for permission for 2013 and then see how they are doing. Mayor McPartlan affirmed Council needs more information before they make a decision though it is a good idea and thought we could do a better downtown Friday than Vero Beach ever had. In response to Mr. Adams, Mr. Stern said he would be joining the Chamber and would speak to them about the event. Mr. Adams expressed concern for conflicts with other events, staff needed for cleanup and security, and said the need for more information is in order. Mayor McPartlan said they all love the idea and advised Mr. Stern to be in touch with the City Manager and Chris McCarthy. Mr. Wright asked if the public would be allowed to speak. Mayor McPartlan called for input for two minutes. Lisanne Monier, founder and director of the Sebastian River Fine Arts Festival, said there is a conflict with the 3rd weekend in January with the art festival, and expressed concern that when you bring in vendors from all over, local businesses can be undercut by them. She cited an example of an event in the park at which a vendor from St. Augustine who sells a clothing product line for half the cost that she sells in her store. She said Mulligans may have issues with food being sold, cited costs for City staff, and said she hoped they do a lot of homework on this, cited conflicts with the Craft Club and the Church flea market, and said this is not sitting right with her. A woman with Mr. Stern, presumed to be Mrs. Stern, said she is an independent business owner with Avon for twenty nine years, participates in the Vero event and Clambake and is looking for an opportunity for people looking for her wares, and are looking for local businesses to do this. She said she is not allowed into the Church flea market. C. Brief Announcements 7/27/13 — Treasure Coast Waterway Cleanup — 8 am to 12:30 pm — Sebastian Location — Main Street Boat Ramp 8/2/13 — Sebastian River Area Chamber of Commerce Grill Out Night — 5:30 pm to 8 pm — Participating Member Businesses Mayor McPartlan announced the Treasure Coast Waterway Cleanup and the Chamber Grill Out Night. Mr. Adams announced some Workforce Solutions Job opportunities 1) August 12, 13 and 14, Port St. Lucie Civic Center — Bass Pro is hiring 250 staff; 2) August 20 and 21, Port St. Lucie Community Center — Burlington Coat Factory hiring 120 staff; and 3) August 21 at Port St. Lucie Civic Center Martin Health Systems hiring 700 staff for new hospital. 8of125 Regular City Council Meeting July 24, 2013 Page Four 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 MOTION by Mr. Hill and SECOND by Mr. Wright to approve. Result of Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed 5-0 8. COMMITTEE REPORTS & APPOINTMENTS Mr. Adams reported on the Treasure Coast Regional Planning Council Meeting speaker Chuck Jacoby, Indian River Lagoon Estuary Program, and he said his presentation is available for viewing on the TCRPC website; and approval of a resolution supporting installation of fiber optic cable along FEC Railroad and that a resolution has been forwarded to FEC, FDOT and other organization involved in permitting along the corridor. Ms. Coy announced she did not attend the Beach and Shores meeting this month and did not call her alternate, Mr. Hill, because there was nothing on the agenda and this is the third consecutive meeting with no agenda. She said she asked the Chair to please think about other people's time and effort when there is no agenda, and not meet. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT -None 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. The City Attorney introduced the three agenda items, three ordinances for first reading which are for the same property intended for cemetery use, for voluntary annexation, land use amendment, and rezoning, and though all tied together, will be acted upon separately. He then read Ordinance No. 0-13-07 by title. MOTION by Mr. Hill and SECOND by Mr. Wright to approve 0-13-07 on first reading. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed 5-0 4 9 of 125 Regular City Council Meeting July 24, 2013 Page Five 13.080 B. First Reading of Ordinance No. 0-13-08 - Small Scale Comprehensive Land Use 40 -03 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. The City Attorney read Ordinance No. 0-13-08 by title. MOTION by Mr. Adams and SECOND by Mr. Wright to approve 0-13-08 on first reading. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed 5-0 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 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. The City Attorney read Ordinance No. 0-13-09 by title. MOTION by Mr. Wright and SECOND by Ms. Coy to approve 0-13-09 on first reading. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed 5-0 13. CITY ATTORNEY MATTERS The City Attorney reported that a lawsuit had been served by McManus' company in regard to the Working Waterfront, the State insurer investigated the claim, and have reached the determination that the allegations in the suit don't match what they look for when they represent the City, and do not fall within the Florida Municipal Insurance Trust (FMIT) parameters such as claims for bodily injury, property damage or personal injury, so we will need to make other arrangements for City defense. He said since the City's answer is due before Council's next meeting on August 14th, he was seeking Council's permission to hire a law firm to work with him to represent the city in this case. He said because he only found out about FMIT intentions late today and he had not had much opportunity to talk to anyone else, he was recommending the City use a law firm he was associated with, Shubin and Bass, which has represented Vero Beach, Indian River County and Space Coast League of Cities in Brevard. He said he thinks he could work with them well, but if Council preferred he can explore other firms. He said he was not 10 of 125 Regular City Council Meeting July 24, 2013 Page Six averse to handling the case on his own, but did not know what the time commitment would be, and would depend on the initial motions and how the case goes. He said there may have to be executive litigation sessions involved as we move forward. Mr. Hill moved to authorize the City Attorney to hire the law firm he is comfortable working with, and Mr. Wright agreed with the City Attorney's recommendation. He asked if we have a City's errors and omissions policy and the City Attorney replied he did not believe so, noting that no one individual is a defendant, rather there are three defendants, Fisherman's Landing, Crabbie (Indian River Seafood), and the City. He said he believes the City's lease is with the fishermen and that lease has a hold harmless provision and it may be that we will be asking them to cover the City's expenses. In response to Mr. Adams as to whether there were funds budgeted to pay the law firm, the City Manager responded there was not a budget, so funding would probably come from reserves. In response to Mayor McPartlan, who asked if there would be any problem with the City Attorney working with the law firm and answering the Mayor's letter, the City Attorney said he would have to look into that, and that there will have to be some response to the lawsuit before the August meeting, could be an answer or an appropriate motion. Mayor McPartlan asked if he would come back to Council and what the cost will be. The City Attorney said there might be a motion to dismiss filed on our behalf, and a lot will depend on the court's disposition on that motion. Ms. Coy asked would we not want to be severed from the other defendants. The City Attorney said we may have to consider specific allegations as they may relate to us as opposed to the others. He said we don't have a contractual relationship with them and other factors that only relate to us, and he is not sure if they have alleged enough to keep us in the lawsuit. 14. CITY MANAGER MATTERS The City Manager reported that the City's application to Florida Inland Navigation District (FIND) grant was ranked in the top six for the Working Waterfront fish house and we should find out in September when FIND adopts its budget; that he had been notified that FDOT intends to reduce the speed limit on US 1 in downtown Sebastian to 35 mph and should take effect in the next six weeks, crediting Ms. Coy, Representative Mayfield, the Chamber of Commerce and the Metropolitan Planning Organization (MPO) for their work to make it happen; said the installation of trailblazer signs was close to wrapping up; and that the State has signed off on the new lease with Fisherman's Landing Sebastian and the revised business plan. Ms. Coy said she had read a TC Palm article which states Mr. Overton with FDOT will provide speed delimiting to make the speed gradual from 50 to 35. The City Manager said he and the Chief of Police will work out enforcement. In response to Mr. Adams, he said there would be no cost to the City for the replacement speed limit signs and City staff would get notification to residents posted regarding the new speed limit. 6 11 of 125 Regular City Council Meeting July 24, 2013 Page Six 15. CITY CLERK MATTERS -None 16. CITY COUNCIL MATTERS A. Council Member Hill Mr. Hill requested that the City Manager petition FDOT to post a brown directional sign for the Stan Mayfield Historic Working Waterfront on 1-95 much as they do for other historic districts and perhaps ask for assistance from Representative Mayfield; and petition Indian River County to add a sign on CR 512 where they lead people south on CR 510 away from Sebastian to the beaches and Vero Beach, that directs them east to the Stan Mayfield Historic Working Waterfront. The City Manager said he would get at it. Mayor McPartlan suggested the Chamber could also send a letter. Mr. Hill added that Indian River County be asked to look at the sign on CR 512 because it says "Sebastian 2 miles" and is inaccurate because the sign is inside City limits. The City Manager said he would look into that. B. Mayor McPartlan -None C. Vice Mayor Wright -None D. Council Member Adams Mr. Adams reported that he is considering joining one of the Florida League of Cities Legislative Policy Committees, as it would be a good experience for him and would get the City's name out there. He said he is going to send in his application, and since meetings are sometimes held in Jacksonville he may, in the future, ask for prior travel reimbursement. E. Council Member Ms. Coy said she had received a phone call about people kayaking on Easy Street Lake and asked if this was allowed, noting we do have no swimming signs there. The City Clerk responded her staff got the same calls and we could find nothing in the Code that prohibits kayaks on inland waterways, though it does prohibit motorboats. Ms. Coy said she would like Parks and Recreation look at our policy at their next meeting, stating she was not sure she would want a six year old kayaking without supervision. - not sure I would want 6 year old without supervision. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 7:32 p.m. Approved at the August 14, 2013 Regular Council Meeting. BV: Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 7 12 of 125 are a HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Candidate Forum - Sebastian Agenda No: 7b - 13.00% River Area Chamber of Commerce - October 29, 2013 City Clerk: City Attorney: Approved for bmittal by: p� Date Submitted: 8/6/13 Al Minner, City Manager For Agenda of: 8/14/13 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT For the past twelve years the City has allowed the Sebastian Property Owners Association and the Sebastian River Area Chamber of Commerce to conduct Candidate Forums in our Council Chambers and broadcast the forums with the services of the City MIS /Audio - Visual staff for the benefit of the public. The Sebastian River Area Chamber of Commerce has verbally requested a candidate forum on October 29, 2013 from 7 pm to 9 pm. The City Broadcast Policy adopted by R -05 -09 on 3/2/05 and revised in 2012, sets out policy and procedures for political debates and candidate forums: Political debates and candidate forums conducted by local charitable and community service non- profit organizations will be shown live when scheduled as approved by the Sebastian City Council. Such organizations, when requesting to host a political debate and /or candidate forum, shall provide the City Council with verifiable information establishing their competence and experience in hosting at least one prior political debate or candidate forum in accordance with the requirements of this paragraph. City shall not air political programming or campaigning by or on behalf of any candidate for public office. Use of the channel by elected officials seeking re- election or candidates seeking election is prohibited except in balanced non - partisan open forum programming formats or regularly scheduled government meetings. Current elected officials seeking re- election may be shown in the performance of their official duties at regularly scheduled meetings or incidental appearances in other programming but may not use the format to further their individual campaigns. " RECOMMENDED ACTION At Council's discretion: Approve the services of the MIS Department and Comcast Channel 25 to broadcast the Sebastian River Area Chamber of Commerce Candidate forum on October 29, 2013 from 7pm to 9pm. 13 of 125 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Renewal of Property, Casualty, Agenda No. 7e - /-3, l ,y Liability and Workers' Compensation Insurance Coverage FY 13/14 Department rigin: Administrative Services A ro for Submittal by: City Manager City Atto y: City Clerk: Date Submitted: u y 31, 2013 For Agenda of: August 14, 2013 Al er, City Manager Atiaich ments: Florida Municipal Insurance Trust Renewal Quote for 2013 -2014 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $382,248 Included in 2013 -2014 N/A Proposed Annual Budget SUMMARY Effective September 30, 2013, the City's Property, Casualty, Liability and Workers' Compensation insurance contracts for the City will expire. Florida League of Cities has provided renewal rates for the Fiscal Year (FY) 2014 which provides for a total premium amount of $3 82,248. This is a $47,105 increase from the prior year renewal as a result of two main factors. One is that the State increased the basic premium rate for workers compensation calculations on Police Officers by 11 %. The other is that the City's experience modification rate multiplier increased from 1.04 to 1.14. This was the result of the State taking action this year to approve a change to the modification formula for the first time in 25 years. Staff assumed an overall 5% premium increase in the FY 2014 proposed budget, which will be sufficient to cover the total premium. However, we will need to adjust between the various departments and insurance accounts. For the past fourteen (14) years, the City's experience with Florida League of Cities (FLC) continues to be positive as they have taken a firm stand against fraudulent claims and have been successful in settling difficult claims. Additionally, the City and FLC continue to monitor all open claims and to actively work towards closing these claims and at the same time minimizing City's cost. In the last eleven (11) years we have gone out to bid six (6) times, and renewed the contract with FLC five (5) of those times. In the future we will continue to stay abreast of changes in the insurance market to ensure we are being provided a competitive product, however, the RFP process has not proven to be beneficial in this case. We are requesting approval to waive competitive bid procedures and renew coverage with FLC for the next five years, subject to receiving acceptable rates. RECOMMENDED ACTION Move to waive competitive bid procedures and authorize the renewal of the Property, Casualty, Liability and Workers' Compensation Insurance contract with Florida League of Cities for an additional five (5) year term, subject to acceptable rates. 14 of 125 GUE Of�'r'� ac � Department of Insurance and Financial Services FLORIDA MUNICIPAL INSURANCE TRUST RENEWAL QUOTE FOR 2013 -2014 City of Sebastian FMIT 0539 Coverage Deductible Limit Premium General /Professional Liability $0 $1,000,000 $110,041 Automobile Liability $0 $1,000,000 $28,441 Automobile Physical Damage Per Schedule $10,812 Property $1,000 $27,743,560 $135,077 Workers' Compensation $0 Total Payroll Experience Modification 1.14 10/1/13 $5,694,145 $129,263 TOTAL NET PREMIUM $413,634 GRAND TOTAL PREMIUM $413,634 RETURN OF PREMIUM $31,386 REDUCED GRAND TOTAL PREMIUM $382,248 The FMIT Board of Trustees has approved a $8,000,000 return of premium for members that had property coverage in the 2011 -2012 Fund Year. The directive of the Board was to return property premium on the renewing members for 2013 -2014 that participated in the Trust's property program in 2011 -2012. Based on the property premiums paid in 2011 -2012 the City of Sebastian can expect $31,386 in return premium should they elect to renew coverage for the 2013 -2014 policy year. 'Includes: Drug Free Credit: Yes Safety Credit: Yes dote: Coverage summaries provided herein are intended as an outline of coverage only and are iecessarily brief. In the event of loss, all terms, conditions, and exclusions of actual Agreement and /or 'olicies will apply. 15 of 125 MY 0f HOME OF PELICAN ISLAND 7 r CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Road Closures for Agenda No. -7b -o m American Cancer Society's Great Strides Walk. Department Origin: i Finance Director: Approved for Sub ittal by: City Manager ` City Attorney: f.f City Clerk. Date Submitted: August 7, 2013 Alfred Minner For Agenda of: August 14, 2013 Exhibits: Park Use Permit Application and Aerial Map with Walking Route. EXPENDITURE REQUIRED: AMOUNT BUDGETED: NIA APPROPRIATION None REQUIRED: None SUMMARY Staff has met with representatives from the American Cancer Society to discuss logistics for their Great Strides Walk in Riverview Park. The Walk will be on Saturday, October 19, 2013 fi-otn 7AM to Noon. The wall: will start about 9AM. This will be the second year the ACS has had the Great Strides Walk at Riverview Park. The walking route is outlined on the attached aerial map. Road closures necessary for the walk are: Indian River Dr. from Coolidge Street south to the southern City limit, Sebastian Blvd. from just past the Hess Station east to Indian River Dr. and Harrison Street from just past the Parking entrance east to Indian River Drive from 8 :30AM until Noon. RECOMMENDED ACTION Move to approve the following road closures for the American Cancer Society's Great Strides Walk on Saturday, October 19, 2013. Indian River Drive from Coolidge Street south to the southern City limit. Sebastiana, Blvd. from just pass the Hess Station east to Indian River Dr. and Harrison Street from just pass the parking entrance east to Indian River Drive from 8:30AM until Noon. 16 of 125 Date: June 2013 Please c CITY OF SEBASTIAN PARK USE PERMIT APPLICATION HOME OF PELICAN 1"ND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228 -7D54 cmearthy@cityofsebastian.org aox: Pavilion Rental Only* $100 Security Deposit - $50 Rent plus 7% tax - $53.54 Park Event (75 to 300 anticipated attendees) * $100 Security Deposit - $100 rent pfus 7% tax - $107 i7( Special Event (301 or more anticipated attendees) City Council Approval $200 Security beposit - $200 rent pmts 7% tax - $214 Beveraoe Reauest for anv event reaurres Gtv Va/ Office use Only: 5ecur q Pd: Date Initials Permit Fee Pd Date Initials City Manager Approval: Date Initials Park Supt. Approval: Date Initials Council Approval: Date (if applicable) Police Hire Verification, Of applicable) Initials Theresa Woodson American Cancer Society Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) 3375 20tt' Street Suite 100 Physical Address Mailing Address if Different -- Vero Beach FL 772- 562 -2272 ext_ 2403 theresa.woodson @cancer.org City State Phone E -Mail Riverview Park Facility (Park or Pavilion) Requested October 19, 2013 Requested Date(s) Anticipated Number of Attendees 7 am - Noon Time From - To Raindate (if applicable) Will there be any sale of goods? Yes No _X_ (If yes, please describe type of goods on back) Will there be food or other vendors? Yes No x (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 Dept, or IRC Fire dept. permit) I, _Theresa Woodson , 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 17 of 125 2013 MSABC — October 19, 2013 Riverview Park, Sebastian 5K Awareness Walk: Proposed Route 7' as t M ;t' 0.07 miles. 4596.56 fed Starting Line: Sidewalk entering Riverview Park from Sebastian Blvd. Soo Feet i•1ai, k -1 ROAD CLOSURE REQUESTS — 7:30 am - 11 :00 am: 1) SEBASTIAN BLVD. EAST of the boat trailer parking entrance. 2) INDIAN RIVER DRIVE at NORTH point Coolidge Street - to SOUTH point just NORTH of the Sportsman Lodge entrance. 3) HARRISONT STREET just EAST of the entrance to the grass parking lot, 18 of 125 HOME OF PELICAN ISLAND Subject: Second Reading and Public Agenda No. ` 4 - 13-16 7 Hearing of Ordinance 0- 13 -04; petition for Voluntary Annexation by Thomas Saam, Department Origin. Commu f ty I)Syyfopnient agent for Timothy Freeman for 2.45 -acre Comm Dev Direc� parcel of land located at 11465 Old Dixie City Attorney: Highway and west of the F.E.C. Railroad City Clerk.: Approved for S bmittal by: City Manager Date Submitted: July 25, 2013 For Agenda of. August 14, 2013 Al Minne . Exhibits: Ordinance No. 0- 13 -R4, Letter of request, Staff Report, Chapter 171.044 F.S. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY Thomas Saam, agent for Timothy Freeman, has submitted a request for annexation of 2.45 acres of land located at 11465 Old Dixie Highway and west of the F.E.C. Railroad. The applicant has also submitted applications for a land use and zoning designation of Industrial 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 hearing held June 20, 2013, the Planning and Zoning. Commission recommended approval of the requested land use and zoning changes for the property. On July 10, 2013 City Council passed Ordinance 0 -13 -04 on first reading and scheduled the second reading and public hearing for August 14, 2013. Staff recommends approval of the above referenced annexations, which is consistent with the goals and objectives as outlined within the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to approve Ordinance No. 0- 13 -04." 19 of 125 ORDINANCE NO. 0-13-04 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, LYING WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Thomas Saam, agent for Timothy Freeman, owner of the property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: See attached Exhibit "A" as shown on the map within said Exhibit "A ", containing 2.45 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 20 of 125 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 12013. CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan 21 of 125 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 22 of 125 Exhibit "A" Page 1 of 2 LEGAL DESCRIPTION: (PER FIDELITY NATIONAL TITLE COMMITMENT FILE NO.179- 65414) THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING WEST OF OLD DIXIE HIGHWAY. THE SOUTH LINE OF PROPERTY HEREBY CONVEYED IS A LINE EXACTLY MIDWAY BETWEEN THE NORTH LINE AND THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4. SAID LAND LYING, BEING AND SITUATE IN INDIAN RIVER COUNTY. 23 of 125 r N M T u� ti go T M r ;v r r r A \Np\PN R \v�RpR R S \Np \PN R \v�Rp \ M , H N O 0 J Z J Q j Z Z S m /W r v S NAP/ U J J Z 0 0 2 L / ti U U w W co � 9 O U I_ U V, Z Q Exhibit "A" / Page 2 of 2 Z w 0 U U Z m c Z m CL m C O V J W N W m= Z E aY� Q V N S N V N m Q NE Z � N O O m F- 00 Q €_ � o 00 LL ~ Z Date: 15 May 2013 To: City of Sebastian Office of Community Development 1225 Main Street Sebastian, FL 32958 From: Thomas J Saam or Vijay L Saam 2651 Pineapple Ave Melbourne, FL 32935 RE: Annexation of Indian River County Parcel ID 31390700000100000009.0, 11465 Old Dixie Hwy Being duly authorized by Timothy E Freeman, current owner of 11465 Old Dixie Hwy in Indian River County, FL, we hereby request the City of Sebastian to annex the aforementioned property, zoned for the purposes of industrial land use. Please find attached supporting Letter of Authorization, Land Use Application and Zoning Application. Respectfully, Thomas J Saam Vijay S r 25 of 125 LETTER OF AUTHORIZATION To whom it-may concern: I, Timothy E Freeman, currently own the property at 11465 Old Dixie Hwy, Sebastian, FL 32958, also known as Indian River County, FL parcel number 3139070.0000100000009.0 (the "property'). As owner of -said property, I hereby authorize Thomas. J Saar or Vijay L Saam to act on my behalf in all manners relating to annexation,,. land use, zoning; site plans, and access to the properly for viewing, including sighing of a'll Aocuments relating to these matters; Arty. and all 'acts carried out by ` ho oga s. J $oani. yr Vijay L Scam on my behalf shall have the dame .effect as acts of my-,- This authorization is, valid until my further written notice. 3 Signature Date _. Sworn. to and re me by % 'rn hw �E. Who As orail 1oas nt€ or produced enbrZ this day of 2013 Notary's Signature Punted Dame of Notary S :l ri`ri Commission No /Expiration . Seal. PAZs =` a ��O+'u�ymmi Mon # JULY 2-6 7i N�C ^" ^,�CirF'.$: JUL -6j 2015 BOYPDBb TfFitiTA 'ih:ANTTC'BOi1DIIi�i�Q;. "IIQG 26 of 125 Iry Ct SEBAST�" HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT Staff Report Annexation, Comprehensive Land Use and Zoning Map Amendments 1. Project Name: Thomas Saam, agent for Timothy Freeman Property 2. Requested Action: a. Annexation of property into City limits b. Land Use Amendment From: County L -2 (Residential, 6 units per acre) To; IND (Industrial) c. Zoning_ Amendment From: County RM -6 (Residential Multi- family, 6 units per acre) To: IN (Industrial) 3. Project Location: a. Address: 11465 Old Dixie Highway b. Legal: See survey attached. C. Indian River County Parcel Number: d. Acreage: 2.45 acres ± 4. Project Owner: 5. Project Agent: Timothy L. Freeman PO Box 780507 Sebastian, FL 32978 (772) 559 -7589 Thomas J. Saam 2651 Pineapple Avenue 31- 39 -07- 00000- 1000- 00009.0 27 of 125 6. 7. Project Surveyor: Project Description Melbourne, FL 32935 (321) 223 -0493 Fax (321)255 -7591 William A. Mott, PLS William Mott Land Surveying, Inc. 3716 North Wickham Road, Suite 3 Melbourne, FL 32935ue (321) 751 -4444 x203 fax: (321) 751 -4445 a. Narrative of proposed action: Thomas Saam has filed an application to annex a parcel of land into the City of Sebastian, as well as establish a new land use and zoning designation for the property. At this time, Mr. Saam has the property under contract to purchase, and has obtained the owner's permission to act in his behalf regarding these matters. The County has given the property residential land use and zoning. The applicant is requesting the City give the property industrial land use and zoning. b. Land Use: Existing: County L -2 (Residential, 6 units per acre) Proposed: IND (Industrial) C. Zoning: Existing Proposed: d. Adjacent Properties: County RM -6 (Residential Multi- family, 6 units per acre) IN (Industrial) e. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): 2 2.45 acres t vacant 28 of 125 Zoning Current Land Use Future Land Use North: IN (City) former sandmine IND (City) East: FEC railroad & CG Count FEC railroad & vacant FEC railroad & C/I South: RM -6 (County) vacant L -2 (County) West: RM -6 (County) vacant L -2 (County) e. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): 2 2.45 acres t vacant 28 of 125 (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police /Fire: Astatula sand Grasses, some trees public water north of site public sewer north of site Riverview Park - .3 mile Fire Station - 2.7 miles Police Station - 1.1 mile 8. Comprehensive Plan Consistency: Several objectives and policies identified in the Comprehensive Plan must be considered when evaluating this land use amendment. Policy 1-1.3.1 General Considerations for Locating Industrial Development states "The allocation of land resources for industrial development shall be responsive to the location and space requirements of industrial activities and potential fiscal and environmental impacts on the City of Sebastian. The location and distribution of specific types of industrial activities shall be determined based on the following considerations: a. Trip generation characteristics and impact on existing and planned transportation systems, including 'dependency on rail, air, or trucking for distribution of material and goods; b. Anticipated employment generation, floor air requirements and market area; c. Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air pollutants, glare, noise and odor, or generation of hazardous by- products, d. Impact on established as well as anticipated future development and natural systems; and e. Impact on existing and planned public services, utilities, water resources and energy resources." The location of the parcel along the Florida East Coast Railway, as well as the close proximity to U.S. Highway 1, a state arterial roadway, provides good location for industrial development. The development of the vacant parcel will require water and waste water service, a stormwater system, and landscaping to meet current land development regulations, along with mandatory buffering from the residential zoning districts (vacant) to the south and west. Policy 1 -1.3.2 General Pattern of Industrial Land Use of the City's Comprehensive Plan Future Land Use element states "The City of Sebastian Airport and environs contains the principal area for future industrial activity. A secondary industrial concentration is situated along the FEC Railroad at CR 512. Lesser concentrations of industrial development are situated along other segments of the FEC Railroad. A high priority shall be given to reserving strategically located lands adaptive to the unique location requirements of 3 29 of 125 industry. Industrial sites shall generally be allocated in areas accessible to rail corridors or near airport facilities." The subject property is located west of the FEC Railroad. 9. Conformance with Code of Ordinances: The proposed land use and rezoning amendments are consistent with the Code of Ordinances. 10. Changed Conditions: The applicant wishes to develop this land as industrial, similar to other development to the north. However, the County has it designated for residential development, which is problematic because of the FEC Railroad. If City Council approves the annexation, a City land use and zoning must be assigned. 11. Land Use and Zoning Compatibility: The contiguous City land to the north has a land use and zoning designation of Industrial. The proposed annexation is requesting the same. Therefore, this would not be considered "spot" zoning. 12. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. Public utilities (water, wastewater) are available in the general area. Additionally, on -site stormwater management will be required as an essential element of future development. 13. 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. 14. Economic Effect: The property is currently within unincorporated Indian River County. Annexation will provide an additional 2.51 acres of industrial land area, which in turn creates an expanded tax base for the City of Sebastian. 15. Orderly Development: The proposed land use amendment provides for orderly development given the location of the site adjacent to other industrial property and the availability of sufficient access and public facilities. 16. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to create a general pattern of industrial land use. The location of the property along the FEC Railway, as well as the close proximity to U.S. Highway 1, a state arterial roadway, provides good location for industrial development. Being adjacent to other industrial uses in the City facilitates orderly development within the area. 17. Other Matters: The requested comprehensive plan land use map amendment for the 2.450 acre parcel is a small scale amendment (under 10 acres), and will not be reviewed by the state. 18. Conclusion: The requested land use designation of IND (Industrial) and the requested zoning designation of IN (Industrial) are consistent with the Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances. 4 30 of 125 19. Recommendation: On June 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 IND (Industrial) and a zoning designation of IN (Industrial) for the property located at 11465 Old Dixie Highway, Parcel ID 31- 39 -07- 00000- 1000- 00009.0. M-O� (I - PREPARED BY 7-3-/,3 DATE 5 31 of 125 Indian River County, Florida Property Appraiser - Printer Friendly Map Print I Back Indian River County GIS ll �� �i new REM Srz ■M mm ME �J Page I of I n: 1003 Feet ParceIII) OwnerName PropertyAddress 31390700000I00000009.0 FREEMAN TIMOTHY E 11465 OLD DIXIE HWY SEBASTIAN, FL * 32958 Notes ..1 _! 32 of 125 http : / /www.ircpa.org/PrintMap.aspx 611012013 31390700000100 00 0002.0 SEBASTIAN INDUSTRIAL PARK INC Muni 3139070D0001 00000003.0 FEYHOL.DiNGS LLC 31390700000 10 D000005. 0 ATLANTIC COASTENTINC L 3139070000000100'0016.0 FREEMAN 3139 0700 0 00/00000 009.0 SUBJECT ATLANTIC COAST EN T INC 3139070000'0100000010.0 31390700003000000002-0 G GREEIVE lNVESTMDJVTPRTN LTD RE EIVE Ift U -2 TERRA 0139070-0:000001000010\1 31390700000100000011,0 BRYANT F?IZWI 313907000001000000 07.3 \A ()VIDA 31390700000100000007 a 313907a0000001000010.0 C/lxMA CY'S PRIZE LL C * 31390700000100000007.1 313907000001 000010G07.2 313907000001 000GO01 2,0 HARB INFORMATIONAL MAP- NOT A SURVEY The informahon Ora map is Men frown rebable sources. COUNTY LAND USE However. Is accuracy is not guaranteed, I FUTURE LAND USE MAP 2025 - CONSERVATION COMMERCIAL LIMITEO [MCRABOUNDARY AGRICULTURE {Idac.l dulSavnj C4adFAERCIAL GENERAL CITY BOLAIDAAY' VERY LOW DENSITY RESMENTIAL(Ms 3 rWacp_ CAMMERCIAL512 � COASTAL HIGH HATA.RDAREAS LOW DENSITY RESIDENTIAL (M1 5 &"cp RVEIRFROW IY%ED 1.16E WATER MOBILE HOME (M -5 dWac} -INOIf3TRIAL MEDIUM DEFSITY RESIDENTIALIM... 340 } _ 1NSTITU'TlIONAL KUMUUAI AV" r J GIB co Fv W) ~1 q U AVOCADO AV � ° In d Q w 2 MANGOAV 0 O LL 0. CITRUSAV CrrRUSAV E AV ORANGE AV ALAKIANDAAV SEAGREAPEAV z a Lil QCROTON AV Z m m HIBISCUSAV J a a m z m p I-I Nl E AV Lu J z z < F a PALM AV RkRKAV ACACIAAV rn cr (t) uU)i Lu J' 12 LLI z a -j 40 �Q LX 0 U DC CID 1 O� Al VALENCIA ST PINEAPPLE ST KING ST TANGELO S )AA rte(" COLUNIBIAAV DELAWARE AV" DEL MONTE RD LU fl- .r � I I C w ■ ■ WOODIVIERE RD CITY LANDS USE SUBJECT C� Ci y ACS a r L i t SUBJECT C� Ci y ACS L fi 34 of 125 I 31390700000f00000002.0 SEBASTIAN INDUSTRIAL PARK INC to 4*-F, 00"41 MUNI 31390700000100000003.0 FEY HOLDINGS LLC 313907000001000000 ATLANTIC COAST ENT A-1 INFORMATIONAL MAP - NOT A SURVEY The irAormatioin on this map is taken from reliable sources. Hmey*r. its. 8=uracy is not guaranteed_ 3139070 0 0000 01000016.0 FREEMAN 3139 07000001000000 09.0 SUBJECT GREENE INVESMEATPRI'N LTD 3139070000300000,0002-0 31390700000001000010-0 1390700000001000010A RIZWI 31390700009100000007.3 , CG A OWDA .31390700001)100000007 3139 0700000100000007.2 ATLANTIC COAST ENT INC' 31390700000100000010.0 BRYANT 31390700000100000011.0 COUNTY ZONING CrS PRIZE LLC * 31390700000100000007.1 31390700000100000012.0 HARE CH 35 of 125 I 9 411111 AF I 1 m� �D o y =z D �y x DIE—= co rn co a - DO �- Lb NA fGJ�� ti T -01- 194, Ilk 3rd' X1,1 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2012 51 Go The 2012 Florida Statutes Title XII 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 © 1995 -2013 The Florida Legislature • Privacy Statement • Contact Us 37 of 125 http: / /www.leg.state.fl.us/ STATUTES /index.cfm ?App_ node= Display_Statute &Search String = &U... 7/3/2013 CPOF HOME OF PELICAN ISLAND '225 Main Street Sebastian, Florida 3295 'hone 1,772) 38n -8214 - lVai €: city+ cit cif ebastian.or VIA EMAIL AND HAND DELIVERY July 18, 20113 The Honorable Jae Flescher, Chairman Indian River County Board of County Commissioners 18011 27`n Street Vero Beach, FL 32960 RE: Public Notice in Accordance with FS 171.{]44(6) of Voluntary Annexation for Two Parcels • 1.43 Acre Parcel - City of Sebastian US 1 North of Sebastian Municipal Cemetery 2.45 Acre Parcel — 11465 Old Dixie Highway To Whom It May Concern: Pursuant to FS 171.041 (6), enclosed please find two public hearing legal notices for voluntary annexation of two ,parcels as described above. Both parcels will be considered at public hearings to be conducted at the Sebastian City Council Regular Meeting in City Council Chambers, 1225 Main Street, Sebastian on August 14, 20114 at 6 :36 pm. This notice is provided via email and hand delivery to the Indian River County Commission office to expedite receipt by members of the Indian River County Board of County Commissioners at least 10 days prior to publication of the first of two legal notices scheduled to run July 301, 2613. Sincere Sally A. Mai , MMC City Cferk Enclosures — 2 public hearing Legal ads w1maps CC, City Coundi City Manager City Attorney Community Development 38 of 125 L-P L,F :NO HOME OF PELICAN ISLAND Subject:, Second Reading and Public Agenda No, a - I L f 0 7 Hearing of Ordinance 0- 13 -05; Land Use Amendment for a 2.45 -acre parcel of land Department Origin: Co mmu D /eopment located at 11465 Old Dixie Highway and west Comm Dev Direc =� - of the F.E.C. Railroad City Attorney: City Clerk: APA Approved for Sub ' al by:, City Manager Date Submitted: July 25, 2013 AI Minner /Z-, For Agenda of. August 14, 201.3 Exhibits: Ordinance No. 0- 13 -05, 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 Industrial (IND) for the land use and Industrial (IN) 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. On July 10, 2013, City Council passed Ordinance 0 -13 -05 on first reading and scheduled the second reading and public hearing for August 14, 2013. Because the parcel is less than 10 acres, the proposed land use neap 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 approve Ordinance No. 0- 13 -05: 39 of 125 ORDINANCE NO. 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 AN EFFECTIVE DATE. WHEREAS, the City Council has considered the application by Thomas Saam, agent for Timothy Freeman, 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 Low - Density Residential, up to 6 units per acre (L -2) to a City designation of Industrial (IND); 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: 40 of 125 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 2.45 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 Industrial (IND). 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 Industrial (IND) 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: 41 of 125 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 42 of 125 Exhibit "A" Page 1 of 2 LEGAL DESCRIPTION: (PER FIDELITY NATIONAL TITLE COMMITMENT FILE N0.179- 65414) THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING WEST OF OLD DIXIE HIGHWAY. THE SOUTH LINE OF PROPERTY HEREBY CONVEYED IS A LINE EXACTLY MIDWAY BETWEEN THE NORTH LINE AND THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4. SAID LAND LYING, BEING AND SITUATE IN INDIAN RIVER COUNTY. 43 of 125 14113112 i 11;101 9 1 8 7 1 6 1 5 4 1 3 1 2 1 SEBASTIAN INDUSTRIAL PARK INC FEY HOLDINGS LLC LOT 2 2 � o •�., z LOT 3 0 •� Z •� O ' L H SUBJECT -4 F FREEMAN v,f `,r =' Z ATLANTIC COAST ENT INC ' T ATLANTIC COAST ENT INC ` tHAR 1 1 X BRYANT m cD N O N INFORMATIONAL MAP f NOT A SURVEY Location Map g The Information on this map Is taken from reliable sources. However, its accuracy is not guaranteed. _ _ DRAFT I I CITY OF SEBASTIAN %J1 PLANNING AND ZONING COMMISSION ,c -® MINUTES OF REGULAR MEETING co Rf JUNE 20, 2013 -T O Chairman Dodd called the meeting to order at 7:01 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: Mr. Roth (arrived @ 7:11 pm) Mr. Qizilbash Mr. Durr Mr. Paul 0 E F°— a. E 0 .� 4" 1co C: vim ® m Mr. Dodd {-� O O Ms. Kautenburg (a) (arrived Own) t tt . C Mr. Carter N 44t Q EXCUSED: Mr. Reyes and Mr. Dyer (a) ALSO PRESENT: Joe Griffin, Community Development Director Robert Ginsburg, City Attorney Dorri Bosworth, Planner /Secretary ANNOUNCEMENTS: Chmn. Dodd stated Mr. Reyes and Mr. Dyer were excused from the meeting, and Ms. Kautenburg would be voting in Mr. Reyes' place. APPROVAL OF MINUTES: MOTION by Paul /Carter to accept the minutes of the March 7, 2013 meeting as submitted. Motion was approved unanimously by voice vote. OLD BUSINESS: None NEW BUSINESS: A. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT AND RE- ZONING (FOR A PROPOSED ANNEXATION) — MR. THOMAS SAAM — PARCEL ID NO. 31- 39 -07- 00000 - 1000 -00009.0 — 11465 OLD DIXIE HIGHWAY, SOUTH OF CR512 — SUBJECT PARCEL IS 2.51 ACRES, MORE OR LESS — REQUEST FOR IN (INDUSTRIAL) LAND USE AND IN (LIMITED INDUSTRIAL) ZONING Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose. There was none. Mr. Griffin, Community Development Director, stated the applicant, Mr. Thomas Saam, wished to annex a piece of property located on Old Dixie Highway, into the city, and noted Senior Planner Jan King's staff report disclosed pertinent information. He stated the requested land use and zoning would be consistent with the Comprehensive Plan. He clarified the Commission's discussion should be on the land use and zoning only, as City Council would make the decision regarding the annexation request. Since the applications were for a parcel less than 10 acres, a State review was not required. Staff recommended approval of the applications. 45 of 125 Cc CL a c t O 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 -08 -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 125 Permit Application No. MO E-8. A 5'KV City of Sebastian ti0AtE0FPftIGlhlflAeVO Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Thomas J Saam or Vijay L Saam Address: 2615 Pineapple Ave Melboume, FL 32935 Phone Number: (321) 223 -0493 FAX Number: (321) 255 -7591 E -Mail: tom @saams.com Owner different rom applicant) Name: Timothy E Freeman Address: PO BOX 780607, Sebastian, FL 32978 Phone Number: (772)- 559 -7589 FAX Number. E -Mail: stealers12 @aol.com 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. 5. Site Information Address: 11465 Old Dixie HWY, Sebastian, FL 32958 Lot: Block: Unit: Subdivision: (see legal description below) N1/2 OF N1/2 OF SE1 /4 OF NE1 /4, W OF RY HWY (OR BK 482 PP 967) Indian River County Parcel #:31390700000100000009.0 Zoning Classification: RM-6 Future Land Use: L -2, 6DU / 1 AC Existing Use: Vacant Proposed Use: Industrial C. Detailed description o propose ac Ivl an purpose o e reques a perm) or ac Iona c extra sheets if necessary): Rental storage, nursery and grove DATE RECEIVED: 6-1151 13 FEE PAID: $ 76-0. UO RECEIVED BY: CA,-tt- /0510 47 of 125 Permit Application No. D. Project Personnel: Agent: Name: Applicant, Thomas J Saam Address: 2651 Pineapple Ave, Melbourne, FL 32935 Phone Number: (321) 223 -0493 FAX Number. (321) 255 -7591 E -Mail: tom @saams.com Attorney: Name: Address Phone Number: ( ) - FAX Number. E -Mail: Engineer- Name: Address Phone Number: ( ) - FAX Number: E -Mail: Surveyor: Name: William A. Mott, PLS of William Mott Land Surveying, Inc Address: 3716 North Wickham Road, Suite 3, Melbourne, Florida 32935 -2338 Phone Number: (321) 751 - 4444 x203 FAX Number. (321) 751 -4445 E -Mail: Bill @wmisi.com ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ 1 AM THE OWNER I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF'11HIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND 17FZU HE BEST OF MY KNOWLEDGE AND BELIEF. 6 i'lu_ SIGNATURE AL4 I.0 DATE SWORN TO AND SUBSCRIBED BEFORE ME BY rr�c�, �J S r —A m WHO IS PERSONALLY KNOWN TO ME OR PRODUCED 06y 'Lr L-, c_ens-e- AS IDENTIFICATION, THIS i S DAY OF .20 1 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: MY State of Florida aQ COMMISSION # EE �eF yea 863142 Expires: January 7, 2017 48 of 125 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 1%nJ _�L1.J SIGNATURE DATE J Sworn to and subscribed before me by 1"0MD , who is personally known to me or produced p c\ V e r L i C -ens e as identification, this 15 day of LkCtS=A , 20_a_. Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: ' Amy Bromfield State of Florida ;oQ MY COMMISSION # EE 863142 Q Expires; January 7, 2017 49 of 125 Permit Application No. (AMY Supplemental Information tow ( *SAN Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: OOE - V RES- MULTI- FAMILY ZONED 2. Proposed land use map designation: Industrial 3. Size of project in acres: 2.5 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City None other than annexation of subject property for industrial use 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Yes 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Yes 50 of 125 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? 8. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? Yes, similar to adjoining property 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? Yes. Property access via existing 2 -lane road; water and sewer not required 10. Would the proposed amendment result in a significant adverse impact on the natural environment? if so, describe the impact. No, will enhance habitat diversity without harmful run -off into the lagoon 51 of 125 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. No, industrial use is consistant with surrounding land use and will increase City tax revenue without risk to health, safety or welfare. 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes, abutting property to the North is an un- reclaimed sand mine zoned industrial. Other surrounding property is currently in agricultural use. West of the railroad and South of County Road 512 (Sebastian Blvd) are properties in similar Industrial /Commercial use. This amendment results in land use that's consistant with the existing development pattern. 13. Attached the following: X a. A verified statement showing each and every individual person having a legal and /or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. BY C' b. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the property for which the land use amendment is being requested. 52 of 125 U:)/lJ /LUIJ MUSY 5:4/ r" LETTER OF AUTHORIZATION To whom it may concern: I, Timothy E Freeman, currently own the property at 11465 Old Dixie Hwy, Sebastian, FL 32958, also known as Indian River County, FL parcel number 31390700000100000009.0 (the "properly'). As owner of said property, I hereby authorize Thomas J Saam or Vijay L Saam to act on my behalf in all manners relating to armexation, land use, zoning, site plans, and access to the property for viewing, including signing of all documents relating to these matters. Any and all acts carried out by Thomas J Saam or Vijay L Saam on my behalf shall have the same effect as acts of my own. This authorization is valid until my further written notice. Signature Date C_ Sworn to and snbscribed.3iefore me by % / rn o-IA!d `. /rc e M 4 t� Who is ersonally known me or produced As identification, this day of , 2013 Notary's Signature Printed Name of Notary Commission NoJExpiration Seal: NOTARY PUBMIC-S tTE OF 1r1.ORiDA Bert3l S. Elmore Commission # EE114955 Expires: JULY 26,201S soxiienr►�xu �rt.ivrrr, no!+utrrc co, mac t0002/002 53 of 125 CR OF HOME OF PELICAN ISLAND Subject: Second Reading and Public Hearing Agenda No. 10 of Ordinance 0- 13 -06; Zoning Amendment for a 2.45 -acre parcel of land located at Department Origin: Comm Deve opment 11465 Old Dixie Highway and west of the Comm Dev Direct `. F.E.C. Railroad City Attorney: _ City Clerk: Approved for Subm' tal by: City Manager Date Submitted: July 2S, 2413 --- For Agenda of: August 14, 2013 Al Minner Exhibits: Ordinance No. 0- 13 -06, 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 Industrial (IND) for the land use and industrial (IN) 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. On July 10, 2013, City Council passed Ordinance 0-13 -06 on first reading and scheduled the second reading and public hearing for August 14, 2013. Staff recommends approval of the above referenced .coning amendment, which is consistent with the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to pass Ordinance No. 0-13 -06 on first reading and schedule a second reading and public hearing for August 14, 2013." 54 of 125 ORDINANCE NO. 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. WHEREAS, Thomas Saam, agent for Timothy Freeman, 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 125 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 2.45 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 Industrial (IN). 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 Industrial (IN). 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 125 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 57 of 125 Exhibit "A" Page 1 of 2 LEGAL DESCRIPTION: (PER FIDELITY NATIONAL TITLE COMMITMENT FILE NO.179- 65414) THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH,RANGE 39 EAST LYING WEST OF OLD DIXIE HIGHWAY. THE SOUTH LINE OF PROPERTY HEREBY CONVEYED IS A LINE EXACTLY MIDWAY BETWEEN THE NORTH LINE AND THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4. SAID LAND LYING, BEING AND SITUATE IN INDIAN RIVER COUNTY. 58 of 125 14 i13 12 11 X10 9 8; 7 6 5 f 4 3 2 1 i I � , .1 LOT 2 SEBASTIAN INDUSTRIAL PARK INC � o � L � G N LOT 3 0 .`, 7_ o FEY HOLDINGS LLC •' L SUBJECT -4 ATLANTIC COAST ENT INC* INFORMATIONAL MAP - NOT A SURVEY The information on this map is taken from reliable sources. However, its accuracy is not guaranteed. TLANTIC COAST ENT INC * Location Map HARB �rn x D N O IV - G1', "I F N I Permit Application No. mks City of Sebastian t40�ti1E0fPElICANKtANO Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Thomas J Saam or Vijay L Saam Address: 2615 Pineapple Ave Melbourne, FL 32935 Phone Number: (321) 223 -0493 FAX Number: (321) 255 -7591 E -Mail: tom @saams.com Owner a Brent rom app scant Name: Timothy E Freeman Address: PO BOX 780607, Sebastian, FL 32978 Phone Number: (772)- 559 -7589 FAX Number. ( ) E -Mail: stealers12 @aol.com 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. Me Infornmatio n Address: 11465 Old Dixie HWY, Sebastian, FL 32958 Lot: Block: Unit: Subdivision: (see legal description below) N1/2 OF N1/2 OF SE1 /4 OF NE1 /4, W OF RY HWY (OR BK 482 PP 967) Indian River County Parcel #:31390700000100000009.0 Zoning Classification: RM-6 Future Land Use: L -2, 6DU / 1 AC Existing Use: Vacant Proposed Use: Industrial G. Detailed-description o proposed ac nn f and purpose OT Me requested per-r—nit or action (a c extra sheets if necessary): Rental storage, nursery and grove DATE RECEIVED:5115"1 /3 FEE PAID: $ &2.5-00 RECEIVED BY. �-- 0"10- /Oslo 60 of 125 Permit Application No. D. Project Personnel: Agent: Name: Applicant, Thomas J Saam Address: 2651 Pineapple Ave, Melbourne, FL 32935 Phone Number: (321) 223 -0493 FAX Number: (321) 255 -7591 E -Mail: tom @saams.com Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Surveyor: Name: William A. Mott, PLS of William Mott Land Surveying, Inc. Address: 3716 North Wickham Road, Suite 3, Melbourne, Florida 32935 -2338 Phone Number: (321) 751 - 4444 x203 FAX Number: (321) 751 -4445 E -Mail: Bill @wmisi.com 1, :Uj2MA_s J Sk"la M , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE T THE BEST OF MY KNOWLEDGE AND BELIEF. XA4 S ��? SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY V\onnC,_ S CLl10_ % WHO IS PERSONALLY KNOWN TOME OR PRODUCED AS IDENTIFICATION, THIS DAY OF NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: P&, Amy Bromfield � State of Florida o� MY COMMISSION # EE 863142 �oF �oP Expires: January 7, 2017 61 of 125 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S) / 4 THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. 1/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE ME MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY.FLMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. S .� SIGNATURE DATE Sworn to and subscribed before me by 1 V10 h, G S S C�, who is personally known to me or produced 1r;ye _r L-1 C�r1� as identification, this day of � .4 , 2013 . Notary's Signature Printed Name of Notary IL Commission No. /Expiration 1 G,"t j('c.0 n Seal: ? °A*RY pf,0 <1 Amy Bromfield State of Florida MY COMMISSION # EE 863142 Expires: January 7, 2617 62 of 125 Permit hpplication No. , - MX_ SkST Supplemental Information E&. - Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. HOME OF PELICAN ISLAND— 1, Proposed zoning: Industrial 2. Explain how the proposed rezoning is consistent with the other elements of the—] comprehensive plan. Similar to adjoining property, not "spot razoning" 3- Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. Similar to nearby properties, conforming to City Codes 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 the City. Similar to adjoining property, not "spot rezoning" 6. Are there adequate public facilities to serve the proposed land use? Yes. Property access via existing 2-lane road: water and sewer not required 63 of 125 Permit hNplication No. _ 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. Will enhance habitat diversity without harmful run -off into the lagoon 8. Explain how the proposed rezoning will not adversely the area, the general health, safety and welfare or the financial resources of the city Industrial rezoning is consistant with surrounding land use and will increase City tax revenue without risk to health, safety or welfare. 9. Describe how the proposed rezoning will result in an orderly development pattern. Abutting property to the North is an un- reclaimed sand mine zoned industrial. Although not in the City, other surrounding property is currently in agricultural use. West of the railroad and South of County Road 512 (Sebastian Blvd) are properties in similar Industrial /Commercial use. Rezoning results in land use that's consistant with the existing development pattern. 10. Attach the following: 'A a. A verified statement showing each and every individual person having a legal and /or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. Eq C" b. A list of the names and addresses of all owners of parcels of real J property within three hundred (300) feet of the parcel to be considered. Y c. A survey and legal description of the property to be rezoned. 64 of 125 LETTER OF AUTHORIZATION To whom it may concern: I, Timothy E freeman, currently own the property at 11465 Old Dixie Hwy, Sebastian, FL 32958, also known as Indian River County, FL parcel number 31390700000100000009.0 (the "property' ). As owner of said property, I hereby authorize'Thomas J Saam or Vijay L Saam to act on my behalf in all manners relating to annexation, land use, zoning, site plans, and access to the property for viewing, including signing of all documents relating to these matters. Any and all acts carried out by Thomas J Saam or Vijay L Saam on my behalf shall have the same effect as acts of my own. This authorization is valid until my further written notice_ Signature Date i Sworn to anbscri.bed before me by % t rn ofd c r, 4 n Who is�rsonally known me or produced As ident ica't'fon, this day of , 2013 Notary's Signature Printed Name of Notary Commission NoJExpiration Seal: NOTARY FUBJIC- 3I%t7. F OF FLORIDA Betiy S. Elmore 'Commission # U114855 �',.` ,',,.•` &Fires: JULY 26,201S 80MUD TBRU A77.A)MC 80!+DIXG CO, M 65 of 125 L`R OF S �� HOME OF PELICAN ISLAND Subject: Second Reading and Public Agenda No. C - J C' :Y;') Hearing of Ordinance 0- 13 -07, petition for Voluntary Annexation by Al Minner, City Department Origin: Comm ity D elopment Manager, for 1.43 -acre parcel of land Comm Dev Direc City Attorney: located at 12900 U.S. 1 adjacent to the � Sebastian Cemetery City Clerk: Approved for Sub "teal by: City Manager Date Submitted: July 25, 21113 For Agenda of. August 14, 2013 Al Minner ,rr"— Exhibits: Ordinance No. 0- 13 -07. Letter of request, Staff Report.. Chapter 171.044 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 12900 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 sul?ject 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 hearing held June 20, 2013. the Planning and Zoning Commission recommended approval of the requested land use and zoning changes for the property. On July 24, 2013, City Council passed Ordinance 0 -13 -07 on first reading and scheduled the second reading and public hearing for August 14. 2313. 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 approve Ordinance No. 0- 13 -07" 66 of 125 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 67 of 125 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 68 of 125 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 69 of 125 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. 70 of 125 23 X SEMBLER WAL -MART STORES EAST LP �y� i�\2,� ' 25 T CITY OP SEBASTIAN ' 1 ' ` x / 2s � (60) ao 0 N 0 INFORMATIONAL MAP - NOT A SURVEY Map k e The Information on he map is taken tram reliable sources. Location N However, its accuracy is not guaranteed. 71 Of 125 .rar ro sues 129TH LN l ' 7 1 1 2 , 2 - - - - - - -POWER- LINE-GOLF INC 3 o - 3 �T y + 9 cP X SEMBLER WAL -MART STORES EAST LP �y� i�\2,� ' 25 T CITY OP SEBASTIAN ' 1 ' ` x / 2s � (60) ao 0 N 0 INFORMATIONAL MAP - NOT A SURVEY Map k e The Information on he map is taken tram reliable sources. Location N However, its accuracy is not guaranteed. 71 Of 125 .rar ro sues 129TH LN 7 1 1 2 2 - - - - - - -POWER- LINE-GOLF INC 3 o - 3 �T y + 9 cP 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 129TH ST , r 10 11 12 1 2 3 SUBJECT X SEMBLER WAL -MART STORES EAST LP �y� i�\2,� ' 25 T CITY OP SEBASTIAN ' 1 ' ` x / 2s � (60) ao 0 N 0 INFORMATIONAL MAP - NOT A SURVEY Map k e The Information on he map is taken tram reliable sources. Location N However, its accuracy is not guaranteed. 71 Of 125 .rar ro sues CITY OF HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5330 • FAX (772) 589 -5570 ]tine 3, 2013 Mr. Joe Griffin Comtntntity Development Director City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: ANNEXATION OF PARCEL 30- 38 -21- 40001- 0044 - 00025.1 Dear J tie; 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 Iin -its of Sebastian. 72 of 125 CrN CF SEBAS—T10% - 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 b. Land Use Amendment From: County M -1 (Residential, 8 units per acre) To: INS (Institutional) 3. 4. 5. 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 73 of 125 6. Project Description F11 b. C. 11 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 Zoning Current Land Use Future Land Use Current Land Use(s): (3) Soil: (4) 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) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: 2 1.43 acres residence (vacant) St. Lucie sand Grasses, some trees X well septic system Community Center - .2 mile 74 of 125 (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 75 of 125 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 June 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. f - P ABED BY DATE 76 of 125 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 INS Document Prepared By and Return to: Professional Title of Indian River, Inc. 1546 N. U.S. Highway One Sebastian, Florida 32958 Ly 3 ') 8Z Parcel ID Number: 30- 38 -21- 00001 - 0000 - 00025/1 Warranty Deed aloJ This Indenture, Made this t7? 7 day of May , 201 P., 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 in consideration of the sum of --------------- ---- ---------TEN 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.Addass: C/o Raymond Wells P.O. Box 651117 Vero Beach, FL 32965 COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me thisa q day of Charmian Herd Rallis who is personally known to me or who has produced hHX4(X9fl¢AXA4 7 NKe as id her Florida I.D. Car F±P'•'OSFtARIA L AND8ISON :.: a? MYCOMMISSIOttfEE190824 EXPIRES:Februery20,2016 ��"r9?' BondedinmHdmf'Pu65cUkernaers Printed Name: Notary Public My Commission Expires:.R /a0 /20 43782 77 of 125 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print j Back Indian Ritter County GIS Parcc1ID OwnerName PropertyAddress 30382100001000000025.1 CITY OF SEBASTIAN 12900 US HIGHWAY I SEBASTIAN, FL 32958 Notes _i wi 78 of 125 http : / /www.ircpa.org/PrintMap.aspx 7117/2013 303830000 10 G00000000 . 0 24 3 IRfZWI LLC M-1 3©382100001000000024,0 / Muni WAL-MART STORES EAST LP 30382100001000000023 25 INFORMATIONAL MAP - NOT A SURVEY The information on this map m taken from reliable sources. However. its a=ra4 is not guareNeed. c- POWERLINE GOLF ING O 129TH PL SUBJECT RALLIS • 303821100001000000025A 10 1 li I I I i 12, 3038300D1309000D130000.1 CITY OF SEBASTIAN V 26 COUNTY LAND USE 129TH ST ads g Z Z ar w U V U LO Cq U 011111 a �W 0 L 1 1 PJ z N V W rrZ) V1 IA X CD r cn e DR I-- J U} C1.. r I— d7 Q] CV �G 2p--.e cad 4 rf. W z WC 80 of 125 N� *+ X\4kL-1 303830000 100000001000. 0 3Q382100001000000024 -0 R;ZWI LLC RRO e-, -A A LMH -8 POWERL)NE GOLF INC 129TH PL SUBJECT 3038,2100001000000025.1 RALLIS RM-6 MUNI WAL-MA RT STORES EAST LP 30382100001600000023.3 25 303830000090000000001 CITYOF SERA SDAN 26 INFORMATIONAL MAP - NOT A SURVEY The infawaltion on fts map is taken Vorn relvabW sourres COUNTY ZONING Hc"yer, its accuracy is rKA guarargeed. 129TH ST 125 LL T- �F-- cl. p uj ww Aj '4b, C) qi C) C) C) Q. g C3 CD M 00 CD CD N CD z C, 0 0 N C) C) n m 00 C) C) C) C) Q. g C3 CD M 00 z z 0 UCi N co U- 4� ui CL ro uj em do -M o cn C? CO 12 CD CD CD m CD CD co Cl) C) Cl) z 82 of 125 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2012 Go The 2012 Florida Statutes Title XII 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 © 1995 -2013 The Florida Legislature • Privacy Statement • Contact Us 83 of 125 http: / /www.leg.state.fl.us /STATUTES /index.cfin ?App — mode= Display_Statute &Search String = &U... 7/3/2013 c"Cf cr,EW%SnNN HOME OF PELICAN ISLAND ti _as inn. Florida 31988 Phone (772) 388 -8214 t4llait cit W_cit ofsebastian.ort VIA EMAIL AND HAND DELIVERY July 18, 2413 The Honorable Joe Flescher, Chairman Indian River County Board of County Commissioners 1801 27" Street Vera Beach, FL 32960 RE: Public Notice in Accordance with FS 171.1344(6) of Voluntary Annexation for Two Parcels 1.43 Acre Parcel - City of Sebastian US 1 North of Sebastian Municipal Cemetery • 2.45 Acre Parcel — 11455 Old Dixie Highway To Whom It May Concern.- Pursuant to FS 171,641 (6), enclosed please find two public hearing legal notices for voluntary annexation of two parcels as described above. Both parcels will be considered at public hearings to be conducted at the Sebastian City Council Regular Meeting in City Council Chambers, 1225 Main Street, Sebastian on August 14, 2014 at 5:301 pm. This notice is provided via email and hand delivery to the Indian River County Commission office to expedite receipt by members of the Indian River County Board of County Commissioners at least 10 days prior to publication of the first of two legal notices scheduled to run July 307 2013. Sincerety;� y Sally A. Maio, MMC City Clerk Enclosures — 2 putriic hearing legal ads w /reaps cc; City Council City Manager City Attorney Community Development 84 of 125 t71Y Y :M —% HOME OF PELICAN ISLAND Subject: Second Reading and Public Hearing Agenda No. f - / 3 . C of Ordinance 0- 13 -08; Land Use Amendment fora 1.43 -acre parcel of Land Department Origin: Lamm i�ry t7�evelament located at 12400 U.S. 1 adjacent to the Comm Dev Direct: ` Sebastian Cemetery City Attorney: City Clerk: Approved for Sub lttal by: City Manager Date Submitted: July 25, 2013 For Agenda of; August 14, 2013 Al Minner —z Exhibits: Ordinance No. O- 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 properly 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 .tune 20, 2013, the Planning and Zoning Commission recommended approval of the requested land use and zoning changes for the property. On July 24, 2013, City Council passed Ordinance 0 -13 -08 on first reading and scheduled the second reading and public hearing; for August 14. 2013. 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 approve Ordinance No. 0-13-08-- 85 of 125 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: 86 of 125 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: 87 of 125 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 88 of 125 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. 89 of 125 23 129TH LN 7 1 i 2 r r 2 % - - - - - - - - POWERLINE_.GO1 F INC 3 �A r� F 3 Ty�T 9 s r r 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 �f � r 8 r 129TH ST ��. 10 11 12 1 2 3 SUBJECT . \ SEMBLER r \r C, WAL -MART STORES EAST LP 25 �Cti \ r CITY OP SEBASTIAN 1 , 1 Cr rF 26 (60) \ \ r r r \ IV O INFORMATIONAL MAP - NOT A SURVEY 1 The information on this map is taken from reliable sources. LO C a } i 3 O n Map N However, its accuracy is not guaranteed. 90 Of 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 91 of 125 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. Qiziibash 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 3rd, 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 92 of 125 Permit Application No. ma City of Sebastian NWEC* Development Order Application -Applicant if not owner, written authorization notarized from owner is required) Name: Address: Phone Number: ( ) - FAX Number: ( ) - 7L -559- 5330 E -Mail: Owner If different from applicant) Name: VV\, Address: Phone Number. ( ) - FAX Number: E -Mail: Title of permit or action requested: &a (,L 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): y B. Site Information Address: /z900 U.S. Lot: Block: Unit: Subdivision: et, 1 r_ at cz tt aCv\--ee ' Indian River County Parcel #: - 38 - z r - 6000 t - 0000 - Qoazs • l Zoning Classification: Future Land Use: ' 4P 6aw.% M - ! Existing Use: ire 5► dtt•nc.C-' Proposed Use: Ct,nr.Lt {r — Qs Fab t: c, Se✓ o4'r-c. C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Glnar%A1E." P'(y\-Co f 5 KGJ"f,,i DATE RECEIVED: 5 /36l I3 FEE PAID: $ - - - -�_ RECEIVED BY: 93 of 125 Permit Application No. D. Project Personnel: Agent: Name: Pr 1 M ^ -N e G+ mC4�. z 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 Y • 1 ^v-% G v-- ' BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER k," 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. VC-PRE DATE SWORN TO A RIBED BEFORE ME BY TIC1Let� MOJ X0� WHO I ONALLY KNOWN TO M R PRODUCED AS IDENTIFICATION, THIS 3 DAY OF s'uut 20j3_. NOTARY'S SIGNATURE i� -C-A� PRINTED NAME OF NOTARY ,K • r�OSu- ,6-wP_n+ COMMISSION NO. /EXPIRATION !$j( % _7uNtQ9. -ollQ SEAL: p vo j, � �E107188 %_ 94 of 125 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. ]ME, _ 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 PZCbhIMISSIM 1 GtV C_h:CJ _ BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. IME HEREBY WAIVE ANY OBJECTION OR DEFENSE IANE 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. 45 9 DA Sw6m tom ' ed before me by ALFeao .mivouL'-2 who i er known �to or p roduced as identification, this y of J-uuE , 20 \``v�Q�NV M'B�S�Oy� OQ � �t,18S10/y • , •Q •O � Notary's Signature �•' �02azoi zo y? Printed Name of Notary be Al • >Sw61e_ 1+- e00 :* Commission No. /Expiration - ao aot = y ?¢2»8 Seal:° & 95 of 125 Permit Application No. Supplemental Information HOME OFPEU[AN150,ND Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: j1 ' ,.W% 4 , 2. Proposed land use reap designation: 3. Size of project in acres: ! • 4f 3 _ Gd e S 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? y 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which ones )? Y E S 96 of 125 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? Or%t--. B. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? 97 of 125 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. /V o 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. 98 of 125 L'R (x SE HOME OF PELICAN ISLAND Subject: Second Reading and Public Hearing Agenda No. of Ordinance 0- 13 -09; Zoning Amendment for a 1.43 -acre parcel of land located at Department Origin: Com: u Dev opment 12900 U.S. I adjacent to the Sebastian Comm Dev Director: , Cemetery City Attorney :° City Clerk: Approved for Su m'ttal by: City Manager Date Submitted: duly 25, 2013 � For Agenda of: August 14, 2013 Al Minner G Exhibits: Ordinance No. 0- I3 -09, appiication 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 coning. 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. On July 24, 2011 City Council passed Ordinance 0 -13 -09 on first reading and scheduled the second reading and public hearing for August 14, 2013. Staff recommends approval of the above referenced zoning amendment, which is consistent with the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to approve Ordinance No. 0- 13 -09.'. 99 of 125 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. 100 of 125 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: 101 of 125 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 102 of 125 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. 103 of 125 ' ' U' 23 4 10 129TH PL 4 3 14 13 12 11 129TH ST 10 11 12 1 2 3\ SUBJECT SEMBLER WAL-MART STORES EAST LP CITY 0?:'SEBASTIAN Cr CD The information on Ws map is taken from reliable sources. Location Map However, its accuracy is not guaranteed. 104 of ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' U, 4 10 129TH PL 4 3 14 13 12 11 129TH ST 10 11 12 1 2 3\ SUBJECT SEMBLER WAL-MART STORES EAST LP CITY 0?:'SEBASTIAN Cr CD The information on Ws map is taken from reliable sources. Location Map However, its accuracy is not guaranteed. 104 of Permit Application No. City of Sebastian ..W.FMrCANs,Ur? Development Order Application -Applicant If not owner, written authorization J notarized from owner is required) Address: Phone Number: { } - FAX Number: € } - �7� -t5�9- S33C� I -Mail: {Owner If different from applicant) Name: Address: Phone Number: ( J 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 -112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): S. Site Information Address: I a� Lot: Block: Unit: Subdivision: '5 e- C' I G G.I - f+ C.C__v4 Indian River County Parcel ##: _30"32_ 211-00061 Zoning Classification: Future Land Use: r Existing Use; Proposed Use: w C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED:,5_l301_3 FEE PAID: $ RECEIVED BY: 105 of 125 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, jel m r K Zr , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER ,'/I 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. teAl T E DATE SWORN TO AND SUBSCRIBED BEFORE ME BY A F)26b /"11VAJ6y?- WHO I ERSONALLY KNOW OR PRODUCED AS IDENTIFICATION, THIS 3RA DAY OF QUNE NOTARY'S SIGNATURE PRINTED NAME OF NOTARY t)& Nei ' %�CStual COMMISSION NO. /EXPIRATION Oi �0-) It? ZILWt ag , aoKv SEAL: l�i�!!iiJlliif�� oo�'' °YpM 80' � A Z X207188 • a' i �'.4ww to Q m u,aen�`. rO�i�LIC .....•• � ' STATE " 106 of 125 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/VVE, _ THE OWNER(S) / V' THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIB D WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE du BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPILRTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. 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. G3►3 SI R DA E Sworn to and subacrihed before me by ''L f i2� Almouee- who i�ersonall known to me r produced as identification, this ay of -MuPtf 2013 . Notary's Signatureau Printed Name of Notary o cva21 Commission No. /Expiration t — Za7181 Seal: �0 9j��� vo 201 qN,y #M207`188 107 of 125 Permit Application No. MyL -f Supplemental Information Rezoning Request ATTACH ADDITIONAL PACES 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.„ -�n,ns 6Z ►^vrr+c w 1 k -4- 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? N 6 5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City_ _S>a e,%.n 1—'2 Z-ov% C' �- e ,' 6. Are there adequate public facilities to serve the proposed land use? 108 of 125 Permit Application No. 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. JUO �^'tiO4L-t- _ r 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'- W 'aC'--. 9. Describe how the proposed rezoning will result in an orderly development pattern. Sa V�. G.> Z.D►V% i ^ q as l Q i4- to '�'y SO u• •� _ 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. 1/B. A list of the names and addresses of all owners of parcels of real ploperty within three hundred (300) feet of the parcel to be considered. _ c. A survey and legal description of the property to be rezoned. 109 of 125 mY GF SKJDA��TIAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Application /Briefing on Capt. Hiram's River Challenge Triathlon Approved for Submittal by: Al Minner, City Man ger Agenda No. 1 ?A - 1 - 11.- Department Origin: Community D eIo ent Airport Director: J. Griffin - -- Finance Director: K. Killgore Admin Services: D. I rueRerP --, City Clerk: S.A. Maio City Attorney: R. A. Ginsb Date Submitted: 7 August 2013 F'or Agenda of: W August 2013 Exhibits: Correspondence and Application EXPENDITURE I AMOUNT BUDGETED: APPROPRIATION . -0- 0 REQUIRED: -0- SUMMARY Representatives from Capt. Hiram's have made preliminary application to sponsor, organize, and conduct a '`Sprint- Triathlon" sports event that will utilize, in part, City of Sebastian streets and right-of-ways. The ultimate purpose of the event is to raise charitable funds to increase awareness of the various problems affecting the Indian Diver Estuary. Mr. David Kurland, General Manager and COO of Capt. Hiram's, will make an overview presentation of the event and will be available to answer Council questions. Pending Council approval, the Community Development Department and Recreation Department will work with Capt. Hiraln's officials to complete City of Sebastian approval documents. RECOMMENDED ACTION Recommend City Council approval of "'First Annual Capt. Hiram's River Challenge" and direct the City Manager to effect all necessary City support for the event. 110 of 125 I S, Restaurant • Bars • Marina • The Inn First Annual Capt Hiram's River Challenge "Join the Cause - Save Our River" WHY: To raise awareness to the perils that face the Indian River Lagoon and to Showcase the City of Sebastian WHAT: Sprint - Triathlon (% Mile Swim, 12 Mile Bicycle Ride, 5K Run ) WHERE: Capt Hiram's and surrounding areas (maps attached) WHEN: Sunday, November 17, 2013 8 AM —11AM WHO: Volunteers from the Community HOW: A Two day event featuring a sprint triathlon, educational kiosks, entertainment, food & beverage This is a charitable event. All proceeds will be used to benefit CCA, ELC and ORCA organizations. We are asking the City of Sebastian to become a sponsor and waive all permit fees as well as assist this cause by overseeing the Event Race Course. In addition we would ask that the city allow us to hang miniature banners from all Lamp posts along Indian River Drive promoting the event and grant us use of the city parking area on Indian River Drive, the day of the race. 1606 N. Indian River Drive Sebastian, Florida 32958 tel: 772/589 -4345 The Inn: 772 /388 -8588 fax: 772/589 -4346 www.hirams.com info @hirams.com 111 of 125 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION vrLlf HOME OF PELICAN tSLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228 -7054 cmcarthy@cityofsebastian.org Date: Please check appropriate box: Pavilion Rental only * $100 Security Deposit - $50 Rent plus 7% tax - $53.50 Paris Event (75 to 300 anticipated attendees) $-100 -Security Deposit - $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 Request for any event D.y 157 K-Uk L/i;11 D ,a/ Office Use Only. Security Pd: Date ln1bals Permit Fee Pd: Date Initials Gilt' ManagerApproval: Date Initials Park Supt. Approval: Date Fnitla—Is Council Approval: Date (if applicable) Police Hire veacaton_ (If applicable) Initials CAPTA,i) !4I, eyo'S kwe-2 c'kc i cods Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) Physical Address Mailing Address if Different G+LI�110, 11_%— City State Phone E -Mail Facility (Park or Pavilion) Requested Anticipated Number of Attendees t� o vv" eAr 1 7 0 12 3 Afy) - k i -,\ � 14 Requested Date(s) Time From - To Raindate (if applicable) Will there be any sale of goods? Yes v` No (If yes, please describe type of goods on back) Will there be food or other vendors? Yes +% 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 Dept. or IRC Fire Dept. permit) 1 �`� t I` Vr�101 A �-� the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that 1 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 4 112 of 125 Close window when done SU—) ( /Vj 113 of 125 Micro Rd SION .t ¢7e64S�d m St Sebastian RiverAreserve Stale Park 45 Feksmere id Close window when done Micc© North GwRly Fieg onaf Falk AL FeIbmere Rd a +D i ^J. .r.al�crr '} tart.pGed long Aainr P.xket Reorediinn Cenree I 0 S M Micco NO a}'sb ac qr hail SorrtA rl:,le ltrverwrew rwre awn cn9,ns Nct< V f ClfCR17 15fafiQf Halivnal Wdtdli fe Rellrge 4 Ih SPfa!I!Cf t?i(. b Planh ®Coco w> x- S Englgr or N J S 3 o r� [IdrL�r St FIeacherS lid!r oe Bench Rd MLdaia 02813 Goggle 114 of 125 Wnorg Ln G3 Map data 02013 Gaagle - �u-t�S 115 of 125 c sy� D SL P �4 Z N C Q •� � i`.i S10Fri. 9�, t•f SnfF ^ M. .111 5 main St 'r s sE'BASTIAN � m V % ti a eb' t1an {^.� TAM Run Dr _ foster lunicipal Rd – Airport a F KurMURI Ave 3 ValeneQP St SW Avocado Avc PmeaPpfc 5t a1�1 Al 6� rg c� n SW Adanga &re a°. n st 4�j King St �C t tats i CIVUS Ave 41 ay` Orange Ave ^ Orange Ave �a Alamanda Ave n 3. ° SW dr'BOtGI Avc 4 e HIbscua Avc ° Chesser Are C c Ca ad 3 -R V,IR725S �' a c Stevenson Ave [r °0� VCR Palm Ave T Park Ave Ingven Ave Acacia Ave Columbia Ave Delaware A- Lake Di Lake Dr Easy ,Q ro Street Park e9 s _ �r} y Y s rp" —hM 3 Fi Close window when done Wnorg Ln G3 Map data 02013 Gaagle - �u-t�S 115 of 125 CM 0F HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Employee Group Medical, Agenda No. Dental, Vision and EAP Coverage for FY 2014 Department Origin: A inistrative Services: Ap rove or Submittal by: City Clerk: ` -14 City Attorney: A h , City Manager Date Submitted: July 30, 2013 For Agenda of: August 14, 2013 r Exhibits: Gehring, Group Evaluation of Health, Dental & Vision Renewals Employee Benefits Executive Cost Summary — Employee hired prior to 1 011111 Employee Benefits Executive Cost Summary — Employee hired after 1011 l l I EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: NIA Included in the 2013 -2014 REQUIRED: NIA Proposed Annual Budget SUMMARY Effective September 30, 2013, the city's group medical, vision and EAP insurance contracts will expire. In order to provide these insurances to employees, the City retains the professional services of the Gehring Group (West Palm Beach, FL) as our insurance broker. As our broker, the Gehring Group provides the following services (1) uses their position in the market to solicit discount insurance rates; (2) conducts annual insurance Request For Proposals (RFPs) if necessary; (3 ) reviews proposals; (4) assists in employee open enrollment; (5) responds to employee claim issues; (6) compiles employee benefits database; (7) prepares and provides the employee benefit booklets; (8) provides updates to City Council; and (9) provides insurance consultation. The fee for their service is 2% of the annual premium which is built into the monthly premium rates. On May 22, 2013 as you will recall Christian Bergstrom, of the Gehring Group provided an update on the state of the City's health insurance claims as well as Health Care Reform. The City's claims experience continues to improve, however there will be additional fees associated with Health Care Reform. The planning strategy for the FY 14 group health insurance was to continue to monitor the claims experience and examine the initial Florida Blue (formally Blue Cross Blue Shield of Florida) renewal offer, and decide whether RFP or renewal negotiations was the more appropriate course of action. Additionally, in Fiscal Year (FY) 13 when the City went out for RFP for all group insurances, we selected the lowest bidder, Assurant, for the dental coverage. Unfortunately, though the premiiun rates were lower, there was a tremendous out -of- pocket expense for many employees on several treatments. 116 of 125 The recommendations for the FY 2014 group insurances are as follows; Medical Insurance ✓ Florida Blue, our current provider, came in with an initial renewal rate increase of 9.4 %, but has agreed to lower their offer to a 4.6% increase if the City accepts the dental proposal and renews the current vision plan. Recommendation is to renew with Florida Blue, Blue Options HDHP 05190/05191 for one -year. Dental Insurance ✓ Assurant is offering no change in rates while Florida Combined Life (FCL), subsidiary of Florida Blue, is offering a 12.4% increase for the same dental plan the City had the prior year. The premium rates FCL have provided effective October 1, 2013, are lower than their proposal was for last year. Recommendation is to change providers from Assurant to Florida Combined Life for one -year. Vision Insurance ✓ Davis Vision, a subsidiary of Florida Blue and our current provider, is offering no change in rates with a 24 -month guarantee. Recommendation is to renew with Davis Vision for two - years expiring 1011115. EAP ✓ MHNet, our current provider, is offering no change in rates for one -year. Recommendation is to renew with MHNet for one -year. Financial Analysis Based on the above recommendations for all insurance coverage's, FY 14 employer costs will increase by $33,500. However staff's budget recommendation includes a 5% insurance increase assumption. Further, because of the City's new Health Reimbursement Account (HRA) program, our current unused balance is $94,163. Staff estimates health reimbursement charges in the amount of $40,000 to complete the FY, leaving an approximate roll forward balance to the next FY of $54,163. This amount will more than adequately cover any increases and leave the City within our estimates for FYI 4. Our experiences with Florida Blue and MH Net continue to be positive, and there are many physicians participating in these plans within the area. The Gehring Group will be presenting this item, and along with City staff, is available to answer any questions. RECOMMENDED ACTION Move to approve the following for Fiscal Year 2014: (1) Renew Employee Group Medical with Florida Blue for one -year. (2) Award Employee Group Dental to Florida Combined Life for one -year. (3) Renew Employee Group Vision to Davis Vision for two- years. (4) Renew Employee Assistance Program (EAP) to MHNet for one -year. 117 of 125 City of Sebastian Health Insurance RFP Evaluation Effective Date: October 1, 2013 CURRENT I NITIAL R E N E WAL YN 51J R A N E E B ADx E A 5A & C. D Ni U L T A N r NEGOTIATED RENEWAL SCHEDULE OF Plan Basics BlueOpto In Network ris H DHP 05190 05191 Quta Ne&,w* 0 lueOptions In Network r HP 05rjq0 i 05191 OutofNetwork alueOptions irp Network r • r • r r I DntofNetwork Lifetime Maximum Unlimited Unlimited Unlimited Deductible Aggregate Deductible Aggregate Deductible Aggregate Deductible Single $1,500 i $3,0M $1,500 $3,000 $1,500 $31006 Family $3;060 $51000 $3,000 $6,000 $ 3,060 $61006 Out of Pocket Maximum Includes Deductible and Coinsurance Includes Deductrble and Coinsurance fndades Deductible and Cainsurunee Single $4,590 $9,9110 $4,500 59,000 $4,500 $9906 Family $9.000 $18,000 $9,600 S1S,006 $9,000 $18,OI o Coinsurance 2096 40% 20% 4D% 20%6 4D% Office Visits Physician Office Visit 20% after CYD 40% after CYD 20% after CYO 1 40% after CYD 2034 after CYD 40% after CYD Specialist Visit 2094 after CYD 4C% after CYD 20% after CYD 41) % after CYO 2096 after CdD 1 4096 after CYD Pre -Natal ZG%after CYD ; 4C% after CYD 20% after CYD i 40% after CYD 20`2'. after CYD � 40% after CYD Physical Exam Benefit ND Charge 40% No Charge 40% No Charge 40% Independent Clinical Lab CYD 410% after 00 CYD 40% after CYD CYD 1t 40% after CYD Advanced Imaging 20% after CYD 40% after CYD 20% after CYD 41)'% after CYD 2995 after CYD 4096 after CYD ChicuAractic 20% after CYD 40% after CYO 20% after CYD i 40% after CYD 20% after CYD 4D% after CYD Urgent Care Center 20% after CYD 40% after CYD ZD% after CYD i 40% after CYD 20% after CYD 3 417% after CYD r4 siftal Tier I/ Tier 2 Tier I/ Tier 2 Tier l/ Tier 2 Inpatient 20%/ 25% after CYD 46% after $500 POD +CYD 20%125% after CYD 40% after $5D0 POD + CYD 20% / 25% after CYD 40% after 5501) POD + CYD Outpatient 20%125% after CYD 40°6 after CYD 2094 / 2596 after CYD 40% after CYD 20% / 2S°% after CYD 40% after CYD Emergency Rown Visit 20% after CYD 20% after CYD 2096 after CYD 2036 after CYD 29 %after CYD � 2046 after CYD Physician Services 20%: after CYD 20% after INN CYD 20% after CYD 2036 after INN CYD 20% after CYD j 20% after INN CYD Mental Ifealth Tier 1/Tier 2 Tier 1/Tier 2 Tier 1/ Ter 2 Inpatient M% after CYD l 40%after$599POD +CY0 20% after CYD 40% after $500 POD + CYD 2991 after CYD ; 40 % after $500 POD +CYD outpatient 20 %. after CYD i 40% after CYD 20% after CYD 4D% after CYD 20% after CdD i 40% after CYD Prescription Drugs Generic CYD +'$10 CYD + $11) CYD 4 510 Brand Name CYD + $30 50% after CYD CYD + $31) 50'% after CYD CYD 4 $30 50% after CYD Nan Preferred Brand CYD +$50 E t CYD +$5D CYD +$50 Tier 4 N/A N/A N/A N/A N/A N/A Mail Order (90 day supply) 2.5x Retail Copay 50% after CYD Z.5x Retail Copay i 5036 after CYD 2.5x Retail Copay 50% after CYD Rates: Assumes purchase of FCL Denial & Wsron EE Only 54 $476,93 $519.69 $496.65 EE +Spouse 15 $1,065.22 $1,168.72 $1,116.91 EE + Child(renl 15 $82353 $903.54 $863.48 EE +Family 32 $1,336.42 $1,53210 $1,454.18 calla nthly Premium $70,837.11 $77,332.3fi $74,095.11 AnnLiRl Premium $SSO,04532 $930,36832 $889,141.32 $Increase MIA $80,343.00 $39,056.00 % Increase N/A 9.5% 4,6% 118 of 125 City of Sebastian PPO Dental RFP Evaluation Effective Date: October 1, 2013 GEHFdNG AGROUP I rt 5 U R A N CE B R O K E It S A & CO K 5 U L r A m Ts SCHEDULE Of BENEFITS CURRENT Assurant. RENEWAL Assurant Florida ALTERNATIVE #1 Combined Iffe Plan Basics It? Network PPO Non Network In Network PPO Non Network In Network PPO Non Network Calendar Yea r Maximu m S1.00) $1,000 $1,000 Deductibles Single $50 $50 $50 $50 S50 2 $50 Family $150 $150 $150 $150 $150 $1.50 deductible Waived for Preventive Svcs Yes Yes Yes Yes yes Yes Be nefits Preventative 100% 1 100% 100% 100% 100% 100% Basic 80% 80% 8096 90% Major 50% 50% 50% 50Y 50% 50% OrthodonVa, (Child Orily) 50% 50% 50% 50% 50% 50% Set%(" Information Out of Network Reimbursement 90th UCR 90th UCR 90th UCR Waiting Period -Timely Entrants 12 Months: Ortho and Major 12 Months; Ortho and Major None Orthodontia Lifetime Max $1,000 $1,000 $1,000 Endodontics/Periodontics Major Major Major Rate Guarantee Expires 09131/1014 IZ Months 12 Months Employee 50 $21.85 $21.85 $24.56 Employee + Spo use 28 $44.10 $44.10 $49.56 Employee + Chi ld(ren) 9 $6057 $60.57 $68.07 Family 251 $82.83 $82.83 $93.08 Monthly Premium $5,026.01 $5,026.01 $5,648.39 Annual Premium $60,312.12 $60,312.12 $67,780.68 $ increase NIA $0.00 $7,468.56 % increase N/A 0.0% 12.4% 119 of 125 City of Sebastian Vision RFP Evaluation Effective Date: October 1, 2013 GEHR.ING -AGR.GUP IRS.A• — •A. n[ns� r. CONSULTANTS 120 of 125 CURRENT RENEWAL SCHEDULE r .' Davis r n Network Davis Vision Network In Network Non Network In Network Non Network Exam Copay $10 $10 Materials Copay $25 $25 Frequency Exam Copay 12 months 12 months Lenses 12 months 12 months Frames 24 months 24 months Benefits Payable, Copay Reimbursement capay Reimbursement Eye Exam $10 `• $30 $10 $30 Single Lenses $25 $25 $25 r $25 Bifocal Lenses $25 s $35 $25 $35 Trifocal Lenses $25 $45 $25 $45 Lenticular Lenses $25 $60 $25 r $60 Lenses and Frames Reimbursement Reimbursement Contact Lenses (Elective) $100 $75 $100 $75 Contact Lenses Paid in Full $225 Paid in Full $225 (Medically Necessary) Frames $25 Copay $30 $25 Copay $30 Bate Guarantee Expires 09/31/13 24 Months Employee 50 $4.24 $4.24 Family 63 $12.69 $12.69 Monthly Premium $1,011.47 $1,011.47 Annual Premium $12,137.64 $12,137.64 $ Increase N/A $0.00 % Increase N/A 0.0% 120 of 125 Employee Benefits Executive Cost Summary GEHRING JGROUP Effective Date: October 1,, 2013 Contrlbutro115 for EE's hired after 10 /3 /1.t IN U YMCA ISO KIN1 A k CON IU&TMN TI COVERAGE CURRENT 05190 M RENEWAL 05190 1 Open Access Paint of Service Total Employer Employee Total Employer Employee Employee Only 53 $476.83 $451.83 $25.00 $496.65 $471.65 $25.00 Employee +Spouse 16 $1,065.22 $598.93 $466.29 $1,116.91 $626.72 $490.20 Employee +Child (ren) 13 $823.53 $538.51 $285.03 $863.48 $563.36 $300.12 Employee + Family 11 $1,396.42 $681.73 $714.69 $1,464.18 $713.53 $750.65 MONTHLY PREMIUM $68,382.02 $48,029.40 $220,352.62 $71,524.23 $50,197.40 $21,326.84 ANNUALPREMIUM $820,584.24 $576,352.77 $244,231.47 $858,290.76 $602,368.74 $255,922.02 $ INCREASE NIA NIA N/A $37,706.52 $26,815.97 $11,690.55 % INCREASE HEALTH REIMBURSEM ENT ACCOUNT N/A NIA NIA 4.6% 4.5% 4.8% Total Employer Employee Total Employer Employee Employee Only 53 $1,500.00 $1,500.00 $0.00 $1,500.00 $1,500.00 $0.00 Employee + Spouse 16 $3,000.00 $3,000.00 $0.00 $3,000.00 $3,000.00 $0.00 Employee +Child (ren) 13 $3,000.00 $3,000.00 $0.00 $3,000.00 $3,000.00 $0.00 Employee + Family 11 $3,000.00 $3,000.00 $0.00 $3,000.00 $3,000.00 $0.00 ANNUAL COST DENTAL $199,500.00 $199,500.00 $0.00 $199,500.00 $199,500.00 $0:00 PPO Ttatal Employer Employee Total Employer Employee Employee Only 50 $21.85 $21.85 $0.00 $24.56 $24.56 $0.00 Employee +Spouse 28 $44.10 $27.41 $16.69 $49.56 $30.81 $18.75 Employee +Child (ren) 9 $60.57 $31.53 $29.04 $68.07 $35.44 $32.63 Employee + Family 26 $82.83 $37.10 $45.74 $93.08 $41.69 $5139 MONTHLY COST $5,026.01 $3,108.29 $1,917.72 $5,648.39 $3,493.56 $2,154.83 ANNUALCOST $60,312.12 $37,299.48 $23,012.64 $67,780.68 $41,922.69 $25,857.99 $ INCREASE N/A N/A NIA $7,468.56 $4,623.21 $2,845.35 % INCREASE LIFE N/A N/A Hartford NIA 12.4% 12.4% Hartford 12.4% Total Employer Employee Total Employer Employee Life Rate / $1,000 $0.19 $0.19 $0.00 $0.19 $0.19 $0.00 AD &D State / $1,000 $1030 $0.030 $0.00 $0.030 $0.030 $0.00 Total Life and AD &D $0.220 $0,220 $0.00 $0.220 $0.220 $0.00 Life Volume $1,300,500.110 $1,300,500.00 $0.00 $1,300,500.00 $1,300,500.00 $0.00 MONTHLY PREMIUM $286.11 $286.11 $0.00 $286.11 $286.11 $0.00 ANNUALPREMIUM $3,433.32 $3,433.32 $0.00 $3,433.32 $3,433.32 $0.00 $ INCREASE NIA N/A NIA $0.00 $0.00 $0.00 % INCREASE N/A N/A NIA 0.0% 0.0% 0.0% DISABILITY LONG TERM Total Employer Employee Total Employer Employee LTD Rate 1$100 $0.370 $0.370 $0.00 $0370 $0370 $0.00 LTD Volume $508,049.00 $508,049.00 SO -00 $508,049.00 $508,049.00 $0.00 MONTHLY PREMIUM $1,879.78 $1,879.78 $0.00 $1,879.78 $1,879.78 $0.00 ANNUALPREMIUM $22,557.38 $22,557.38 $0.00 $22,557.38 $22,557.38 $0.00 $ INCREASE N/A N/A N/A $0.80 $0.00 $0.00 % INCREASE N/A N/A N/A 0.0% 0.0% 0.0% Total Employer Employee Total Employer Employee Employee So $4.24 $4.24 $0.00 $4.24 $4.24 $0.00 Family 63 $12.69 $6.35 $634 $12.69 $6.35 $6.34 MONTHLY PREMIUM $1,011.47 $612.21 $399.26 $1,011.47 $612.21 $399.26 ANNUAL PREMIUM $12,137.64 $7,346.49 $4,791.15 $12,137.64 $7,346.49 $4,791,15 $ INCREASE NIA N/A N/A $0.00 $0.00 $0.00 % INCREASE SUMMARY I N/A NJA NIA 0.0% 0.0°A 0.0% TOTAL ANNUAL PREMIUM Tota I $1,118,524.70 Employer $846,489.44 Employee $272,035.26 Total $1,163,699.78 Employer $877,128.62 Employee $286,571.16 $ INCREASE N/A N/A N/A $45,175.08 $30,639.18 $14,535.90 %INCREASE N/A N/A N/A 410.E 5.3% 121 of 125 Employee Benefits Executive Cost Summary +GEHRING - AGROUP Effective Date: October 1, 2713 Contributions for EE's hired prior to l0 /3/11 I"s°a.N<< 0100 -AA • CONSVIIAN., COVERAGE CURRENT RENEWAL 05190 i 05190 r Open Access Paint of Service Total Employer Employee Total Employer Employee Employee Only 53 $476.83 $451.83 $25,00 $496.65 $471.65 $25.00 Employee +Spouse 16 $1,065.22 $746.03 $319.20 $1,116,91 $781.78 $335:13 Employee + Child(ren) 13 $823.53 $625.18 $198.35 $863.48 $655.07 $208.42 Employee + Family 11 $1,396.42 $911.63 $484.80 $1,464.18 $955.42 $508.77 MONTHLY PREMIUM $68,382.02 $54,038,61 $14,343.42 $71,524.23 $56,531.34 $14,992.89 ANNUAL PREMIUM $820,584.24 $648,46126 $172,120.98 $858,290.76 $678,376.08 $179,914.68 $ INCREASE N/A N/A N/A $37,706.52 $29,912.82 $7,793.70 °%INCREASE ■ U NT N/A N/A N/A 4.6'6 4.6% 4.5% Total Employer Employee Total Employer Employee EmpioyeeOnly 53 $1,500,00 $1,500.00 $0.00 $1,500.00 $1,500.00 $0.00 Employee +Spouse 16 $3,000.00 $3,000 -00 $01.00 $3,000.00 $3,000.00 $0.00 Employee +Child(ren) 13 $3,000.00 $3,000.00 $0.00 $3,000.00 $3,000.00 $0.00 Employee+ Family 11 $3,000.00 $3,000.00 $0.00 $3,000.00 $3,000.00 $0.00 ANNUALCOST DENTAL $199,500,00 $199,500.00 Assurant $0.00 $199,500.00 $199,S00.00 Florida Combined Life $0.00 PPO Total Employer Employee Total Employer Employee Employee Only 50 $21.85 $21.85 $0.00 $24.56 $24.56 $0.00 Employee + Spouse 28 $44.10 $32.98 $11.13 $49.56 $37.06 $12.50 Employee + Child(ren) 9 $60.57 $41.21 $19.36 $68.07 $46.32 $21.76 Employee + Family 26 $82.83 $52,34 $30.49 $93.08 $58.82 $34.26 MONTHLY COST $5,026.01 $3,747.53 $1,278.48 $5,648.39 $4,211.84 $1,436.56 ANNUAL C05T $60,312.12 $44,970.36 $15,341.76 $67,780.68 $50,542.02 $17,238.66 $ INCREASE N/A N/A N/A $7,468.56 $5,571.66 $1,896.90 °% INCREASE I N/A N/A N/A 12.4% 12.4'% 12.4'% Total Employer Employee Total Employer Employee Life Rate f $1,004 $0.19 $0.19 Moo $0.19 $0.19 $0.00 AD &D Rate/ $1,000 $0.030 $0130 $0.00 $0.030 $0.030 $0.00 Total Life and AO &D $0.220 $0.220 $0.00 $0.220 $0.220 $0.00 Life Volume $1,300,500,00 $1,300,500.00 $0.00 $1,300,500.00 $I,300,500,00 $01.00 MONTHLY PREMIUM $286.11 $286.11 $0.00 $286.11 $286.11 $0.00 ANNUAL PREMIUM $3,433.32 $3,433.32 $0.00 $3,433.32 $3,433.32 $0.00 $ INCREASE N/A N/A N/A $0.00 $0.00 $0.00 %INCREASE LONG TERM DISABILITY N/A N/A Hartford N/A 0.0% 0.0% Hartford 0.0% Total Employer Employee Total Employer Employee LTD Rate / $100 $0.370 $0370 $0.00 $0,370 $0,370 S0.0i7 LTD Volume $508,049.00 $508,049.00 $0.00 $508,049.00 $508,049.x0 0.00 MONTHLY PREMIUM $1,879.78 $1,87938 $0.00 $1,879.78 $1,879.78 $0.00 ANNUAL PREMIUM $22,557.38 $22,557.38 $0.00 $22,557.38 $22,557.38 $0.00 $ INCREASE N/A N/A N/A $0.00 $0.00 SO= % INCREASE N/A N/A N/A 0.0% 0.0% 0.0% Total Employer Employee Total Employer Employee Employee 50 $4.24 $4.24 $0,00 $4.24 $4.24 $0.00 Family 63 $12.69 $8.47 $4.23 $12.69 $8.47 $4.23 MONTHLY PREMIUM $1,011.47 $745.30 $266.18 $1,011.47 $745,30 $266.18 ANNUALPREMIUM $12,137.64 $8,943.54 $3,194.10 $12,137.64 $8,943.54 $3,194.10 $ INCREASE N/A N/A N/A $0.00 $0.00 $0.00 % INCREASE N/A N/A N/A 0.0% 0.01A 0.0% SUMMARY TOTAL ANNUAL PREMIUM Total $1,118,524,70 Employer $927,867.86 Employee $190,656.84 Total $1,163,699.78 Employer $963,3S2.34 Employee $200,347.44 $ INCREASE N/A N/A N/A $45,175.08 $35,484.48 $9,690.60 % INCREASE N/A N/A N/A 4.0% w 5,1% 122 of 125 cm Of Jar" A HOME Of FMCAN ISLAND 1225 Main Street Sebastian, Florida 329513 Subject: Consider Meeting Schedules for November and December 2013 Approved for Submittal by: Al Minner, City anager Agenda No: Department Origin: Cit Cler City Attorney: Date Submitted: 811613 For Agenda of: $!14113 SUMMARY STATEMENT Each year City Council reviews and considers adjustments to its Council meeting schedules for November and December to accommodate holiday schedules and City Hall closures. November The regularly scheduled November Council meetings are the 131h and 27 "h City Hall will be closed for the Thanksgiving holiday this year on Thursday, November 28th and Friday, November 29th. Newly elected members will be sworn at the November 13th regular meeting. City Council may wish to cancel the November 27`h meeting since it falls the night before Thanksgiving to accommodate any anticipated travel glans. December The regularly scheduled December Council meetings are the 11th and 25th. City Hall will be closed for the Christmas holidays on the Tuesday, December 24th and Wednesday,. December 251h. Calendars are provided to assist you. In the event of need, a Special City Council Meeting can be called provided there is 24 hour advance notice in accordance with the City Charter. RECOMMENDED ACTION We are suggesting that the November 27th and December 25th regular meetings be canceled. Council may wish to consider alternate meeting dates for either month. 123 of 125 November Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 Election P & Z — 7 pm Nat Res Bd — 6 pm 10 11 12 13 14 15 16 Veterans Day Regular City City Hall Closed Council Meeting — Swearing In 17 18 19 20 21 22 23 P &Z -7pm 24 25 26 27 28 29 30 Regular City P & R — 6 pm Council Meeting Thanksgiving Thanksgiving Holiday Holiday City Hall Closed City Hall Closed 2013 December Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 Nat Res Bd - 6 pm P & Z - 7 pm 8 9 10 11 12 13 14 Regular City Council Meeting 15 16 17 18 19 20 21 P &Z -7pm 2013