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Home My WebLink About20040121 - Agenda Item - Land Use Amendmentaly OF SEBASTIAN HOME OF PELICAN ESLAND City of Sebastian, Florida Subject: Second reading and adoption Agenda No. hearing for Ordinance No. 0-03-13; land use amendment for a proposed 63 -acre Department O in: Growth Management Tracy planned unit development situated south of CR- E. Hass 512 along CR -510, and known as Sebastian River Landings Unit II. Date Submitted: January 21, 2004 Apved if r Sub . tal by: For Agenda of: January 28, 2004 Exhibits: Ordinance No. 0-03-13, Conceptual Plan, Location Map, and P&Z recommendation, Application. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY Sebastian River Landings, LLC, recently filed an application for phase II of the Sebastian River Landings PUD located at the intersection of county roads 510 & 512. Phase H will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and the applicant wishes to re -zone the property PUD -R (planned unit development -residential), with a comprehensive land use designation of LDR (low density residential). The conceptual plan outlines a total of 188 total single-family lots on 62.827 acres, (60.99 acres of developable land), for a proposed density of approximately 2.99 units/acre (reduced from previous total of 212 units or a density of 3.48 units/acre). The low-density residential land use category permits a maximum of 5 units per acre. The main point of ingress and egress is located along the north central quadrant of the property, and provides immediate access to phase one of the subdivision. As the property is contiguous with phase I, the provision of providing two points of ingress and egress has been satisfied via the access points outlined in phase I connecting directly to 510, with an additional access point along 512. The Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request during a public hearing held on July 17, 2003. Furthermore, the City Council authorized transmission of the requested land use amendment to the State Department of Community Affairs (DCA) during the transmittal hearing held on August 13, 2003. As the plan demonstrates sound planning practices consistent with State Comprehensive Planning Objectives, the DCA has authorized the City to adopt the requested amendment contingent upon receipt of level of service data for traffic impacts to CR's 510 & 512 (data to be provided by engineer of record). RECOMMENDED ACTION "Move to adopt Ordinance No 0-03-13." Growth Management Department Comprehensive Plan Amendment Application Staff Report 1. Project Name: Sebastian River Landings Unit 2 2. 3 4. 5. J Requested Action: Land Use Change from L-1 (County) to LDR Project Location a. Address: East of CR 510, south and adjacent to Sebastian River Landings Phase I. b. Legal: See site plan C. Indian River County Parcel Number: 26-31-38-00000-3000-00004.0 23-31-38-00000-3000-00005.0 Project Owner: Sebastian River Landings, LLC 1682 W. Hibiscus Blvd. Melbourne, Florida 322901 (321) 953-3300 fax: 321- 984-2890 Project Agent: Project Engineer: Bruce Moia, P.E. 245514 th Avenue Vero Beach, Florida 32960 772-569-0035 Same as above fax: 772-778-3617 7. Project Surveyor: William Mott Land Surveying, Inc. 1275 S. Patrick Drive, Suite H Satellite Beach, Florida 32937 321-773-4323 fax: 321-777-4795 8. Project Description a. Narrative of proposed action: Sebastian River Landings, LLC, recently filed an application for phase II of the Sebastian River Landings PUD located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying 1 conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and the applicant wishes to re -zone the property PUD -R (planned unit development -residential), with a comprehensive land use designation of LDR (low density residential). The conceptual plan outlines a total of 188 total single-family lots on 62.827 acres, (60.99 acres of developable land), for a proposed density of approximately 2.99 units/acre. The low-density residential land use category permits a maximum of 5 units per acre. The main point of ingress and egress is located along the north central quadrant of the property, and provides immediate access to phase one of the subdivision. As the property is contiguous with phase I, the provision of providing two points of ingress and egress has been satisfied via the access points outlined in phase I connecting directly to 510, with another access point along 512. Current Zoning: A-1 (County - Agriculture) C. Adjacent Properties d. Site Characteristics (1) Zoning Current Land Use Future Land Use North: A-1 (Co.) & Single Family/Vacant C/1 (Co.) & (5) PUD -R (6) LDR East: RS -10 Single Family/Vacant LDR South: A-1 Vacant L-1 (County) West: A-1 Vacant L-1 (County) d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: 2 60.99 acres Citrus Groves Electra, Riviera, Wabasso Citrus Trees Zone A, AE and X Indian River County Utilities Indian River County Utilities North County Park — '/d mile Sebastian Police 4 miles County Fire — 2 miles 9. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent c: Public Facilities: Consistent d. Housing: Consistent e. Coastal Management: Consistent f. Recreation and Open Space: Consistent g. Conservation: Consistent h. Intergovernmental Coordination: Consistent 10. Conformance with Code of Ordinances: Consistent 11. Changed Conditions: Existing site is an inactive citrus grove, with proposed change to single-family residential and commercial. 12. Land Use Compatibility: The adjacent properties to the north, south and east are designated for low density residential, while the properties immediately west are designated for commercial use. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. 13. Adequate Public Facilities: Provided — public utilities (water, wastewater) will be incorporated within the development of the proposed PUD, and on-site stormwater tracts are also incorporated in the proposal. 14. Natural Environment: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. 15. Economic Effect: provided — The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 62.827 +/- acres of land area and a maximum of 188 residential units, which in turn creates an expanded tax base for the City of Sebastian. 16. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential/commercial property and availability of sufficient public facilities and access. 3 17. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single- family and commercial development is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 19. Analysis: Sebastian River Landings, LLC, recently filed an application for phase II of the Sebastian River Landings PUD located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and the applicant wishes to re -zone the property PUD -R (planned unit development -residential), with a comprehensive land use designation of LDR (low density residential). The conceptual plan outlines a total of 188 total single-family lots on 62.827 acres, (60.99 acres of developable land), for a proposed density of approximately 2.99 units/acre. The low-density residential land use category permits a maximum of 5 units per acre. The main point of ingress and egress is located along the north central quadrant of the property, and provides immediate access to phase one of the subdivision. As the property is contiguous with phase I, the provision of providing two points of ingress and egress has been satisfied via the access points outlined in phase I connecting directly to 510, with another access point along 512. 20. Conclusion: The requested land use change from L-1 (County) to LDR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 4 21. Recommendation: Staff recommends the Planning and Zoning Commission recommend approval to City Council the requested land use change with the following conditions: 1. The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan shall demonstrate proper compliance with this regulation. 2. The land use change shall be conditioned upon receipt of annexation approval by the il. PREP DATE 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 17, 2003 currently in use does not have the proper years of the code. Chmn. Smith explained that when plans are received the commission would like to be advised if the project coming before them should have fire sprinklers. If the project does not require sprinklers, could a notation be made? Capt. Diggs explained how the county's ordinance was developed. He added that sprinklers was not an item they thought should be required on a site plan because site plans are speculative as to the type of construction or occupancy. There are too many variables as to the type, height and size of the building as well as material and use for the proposed structure to make an accurate determination if sprinklers will be required. Many site plans are speculative and until the actual building plans are reviewed would the fire department be able to make an accurate recommendation of fire prevention. It was agreed that Capt. Diggs would e-mail to Tracy Hass information on the Fire Sprinkler Incentive Act. C. Public Hearing — Recommendation to City Council — Request for Land Use Amendment and Rezoning (for Proposed Annexation) Sebastian River Landings Unit II — CR 510 — 62.83 Acres — Proposed PUD -R Chmn. Smith opened the public hearing at 8:43 p.m. Present was Mr. Tim Jelus, 1688 W. Hibiscus Blvd., Melbourne, Florida. This is a continuation of Mr. Davis's property south of the lateral B canal and is an abandoned orange grove. The proposal is for a single-family residential community with access to phase I of the subdivision. It is currently zoned A-1 in the county. Mr. Hass added that the project consists of a little over 62 acres. What is being reviewed tonight is the land use and zoning for the property. He referenced the conceptual plan showing street design and storm water lakes. Also, it does not have actual frontage on CR 510 because of the drainage right-of-way that bi-sects the property. As the code does require two means of ingress and egress, this being the second phase of development this property does have the two points of ingress and egress at CR 510 and CR 512. Mr. Mahoney inquired about the 50 Ft. wide lots and Mr. Stringer said that would come up at the next stage with negotiations on the PUD. Mr. Stringer said the more logical interpretation would be the way we've been doing it which is you show what a typical lot would be, which they have done, and then later on you will have to stipulate. Mr. Jelus interjected that what they are trying to do is have the 50 Ft. wide lots adjacent to the commercial component or 510/512 corridors of the project and then the 70 Ft. lots adjacent to the river and the lateral B canal. Mr. Allocco was concerned about the lot size. Mr. Stringer interjected that at this point the commission is establishing density, block layouts, drainage area to be used, what a typical lot will be. Negotiation on the lot sizes, particularly width, will take place during the application and approval process for a PUD. Mr. Jelus added that they have curb and gutter sections that require lakes reducing the runoff that's going directly into the south prong currently. Water and sewer is costlier than well and septic, underground power instead of overhead power. Mr. Hass added that the density is what is under review for approval and the applicant cannot increase the density beyond the five units per acre. 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 17, 2003 Ms. Monier was also concerned about the density and asked if there would be a Phase III and Mr. Jelus was unsure of that at this.time. He added that there are three 40 -acre tracts to the south of this application and couldn't speak for the current owners what the future of that land will be. Chmn Smith reiterated this is going to be an annexation into the city and the city will govern the parameters. Mr. Hass confirmed this statement. Chmn Smith closed the public hearing at 9:39 p.m. Motion by Monier/Smith "I make a motion to recommend to city council approval of the land use amendment from L-1 to LDR based on conversations and further negotiations as discussed." Roll Call: Mr. Allocco no Mr. Faille yes Chmn Smith yes Mr. Mahoney no Ms. Monier yes The vote was 3-2. Motion passed. Motion by Smith/Faille "I make a motion to recommend to city council the approval the zone change from A-1 to PUD -R for Sebastian River Landings Phase II." Roll Call: Mr. Faille yes Mr. Allocco no Mr. Mahoney no Chmn Smith yes Ms. Monier yes The vote was 3-2. Motion passed. D. Public Hearing — Recommendation to City Council — Ordinance 0- 03-03 — Display of Building Numbers and Renumbering of Section 54-2-7.20 Chmn Smith opened the public hearing at 9:44 p.m. Mr. Stringer said the code enforcement officers recommended this provision be amended because it is very important to have building numbers that can readily seen by emergency personnel. Presently code enforcement officers must allow 30 days in order for a home or business owner to obtain and display proper numbers on their property. This ordinance shortens that time frame to 14 days. [Churn Smith closed the public hearing at 9:47 p.m.] Motion by Monier/Smith "I make a motion to recommend to city council the approval of Ordinance 0-03-03, display of building numbers and renumbering of Section 54-2-7.20." Roll Call: Chmn Smith yes Mr. Mahoney yes Ms. Monier yes Mr. Allocco yes Mr. Faille yes The vote was 5-0. Motion passed. 04/21/2003 22:44 7727783617 City of Sebastian Development Order Application MOSBY ASSOC Permit Application No � 3 r� � Jai Received MAY 2003 a P&Z Growth mot Applicant if not owner, written authorization notarized from owner is required) � r,.z Name: SEBASTIAN RIVER LANDINGS LLC Address: 1688 W. HIBISCUS BLVD., MELBOURNE FL 32901 Phone Number; 321 953-3300 Fax Number. 321 984-2890 E -Mail: Owner if different from applicant) Name.- Address: ame:Address: Phone Number. Fax Number. E -Mail: Hype of permifi or action requested: Annexation, Camp. Plan Amendment & Rezoning PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC, SHALL BE ATTACHED AND 8 1/2" x 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. Project's Name (if applfcable): SEBASTIAN RIVER LANDINGS - UNIT If B, Site Information Address: SOUTHEAST CORER OF CR 512 & CR 510 Lot: Block: Unit: Subdivision: Indian River County Parcef #: 26-31-38-00000-3000-00004,0, 5.0 SEE LEGAL Zoning Classification_ Future Land Use: i_D91 REQUESTED PUD -R RESIDENTIAL Existing Use; Proposed Use: ' `"""" ' RESIDENTIAL C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessary): ANNEXATION FROM INDIAN RIVER COUNTY TO THE CITY OF SEBASTIAN AND THE DEVELOPMENT OF A RESIDENTIAL PLAN DEVELOPMENT. DATE RECEIVED: J I FEE pglp; RECEIVED BY: FarmECIDD�-01 A Pa e 1 of 3Develo ment A lication ro-27-97 Revision: File Name: DOA 04/21/2003 22:44 7727783617 MOSEY ASSOC PAGE 03 D. Project Personnel: Agent. MR. BRUCE MOIA, P.E. Name: MOSBY & ASSOCIATES, INC, Address: 2455 14TH AVENUE, VERO BEACH, FL 32960 Phone Number. 772 569-0035 IFax Number: 772 778-3617 E -Mail: Attome : N/A Name: Address: Phone Number: Fax Number, E -Mail: Engineer. MR. SURCE MOIA, P.E. Name: MOSBY & ASSOCIATES, INC. Address: 2.455 14TH AVENUE, VERO BEACH, FL 32960 Phone Number: 772 569-0035 Fax Number: 772 778-3617 E -Mail: Surveyor MR. WILLIAM MOTT Name: WILLIAM MOTT LAND SURVEYING, INC. Address: 1275 S. PATRICK DR., SUITE H, SATELLITE BEACH, FL 32937 Phone Number. 321 773-4323 Fax Number: 321 777-4795 E -Mail: I, MR, TIMOTHY JELUS, BEIN UR T DUPLY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X I AA THE LEGAL REPRESE E OF E 0 NER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION AN THAT A E INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION AR AC % ND UE TO THE BEST OF MY KNOWLEDGE AND BELIEF. r / � 0 Signature p e Sworn to and subscribed Aefore me by Who is personally known to me or produced as identi ion, is -- day of 200 3 NOTARY'S SIGNATURE ELIZA BEii PRINTED NAME OF NOTARY NNEDY Notary COMMISSION NO./EXPIRATION Public,of Florida My Com— SEAL: 31, 2004 sEAL: Comm, No. CC 964859 Form CD -2001 Pa e 2 of 3 I Develo ment Application Approved: 08-27-97 lReViRinn,r :_ 04/21/2003 22:44 7727783617 MOSBY ASSOC The following is required for all comprehensive plan amendments, zoning amendments (inicuding rezoning), site pians, conditions use permits, special use permits, variances, exceptions, and appeals. I/WE, , THE OWNER(S) X THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE PLANNING & ZONING BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION, ONE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD. COMM ISS ION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND COT I SING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APP LI R PROMI E MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF S ASTIAN. Signature Date Sworn to and subscribed before me by Who is personally known to me or produced as identification, this day of 2003 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NOJEXPIRATION tLIZABETH E. K FNNFoy SEAL 'y7ob c, State of Florida My comm. exp. Aug. 31, 2004 Comm. No. CC 964859 CD -2001 Pae 3 of 3 1 Oevelo Ment Application ved: 08-27-97 Revision: File Name: DOA PAGE 04