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HomeMy WebLinkAbout2003 -Land Use Amendment CRY OF . ,. HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: Second reading and adoption Agenda No. 03.0 qs hearing for Ordinance No. 0-02-13; land use amendment for a proposed 72-acre Department Origin: Growth Management planned unit development situated at the Tracy E. Hass intersection of CR 510 and CR 512,and known as Sebastian River Landings. Date Submitted: May 7, 2003 p roved a „,, For Agenda of: May 14, 2003 %Aor / Exhibits: Ordin. ce No. 0-02-13, Staff Report,Application,Conceptual Plan and P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY The proposed Sebastian River Landings PUD will occupy land that is currently unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 512. 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 Agricultural (A-1) with a Low Density Residential (L-1), 3 units per acre, land use designation and the applicant wishes to re-zone the property to Planned Unit Development Residential (PUD-R), with a comprehensive land use designation of Low Density Residential (LDR). The conceptual plan outlines a total of 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node of approximately 5 acres in size, including a 1-acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development may contain 125 square feet of commercial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres). Seeing as the proposed commercial land area exceeds the maximum permissible within a PUD,the applicant has agreed to remove the commercial node from the PUD. Accordingly a separate land use change is being requested for designating the commercial area as Commercial Limited (CL), thus allowing neighborhood commercial uses as intended by the developer. 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 18, 2002. 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 28, 2002. As the plan demonstrates sound planning practices consistent with State Comprehensive Planning Objectives,the DCA has authorized the City to adopt the requested amendment. RECOMMENDED ACTION Move to adopt Ordinance No. 0-02-13. F K, . mori. AK �s v l tg li ki w 0a :r ;-',, Ia,u .®a ori NE MN po .v ov o%w o ,, � S SEBA = as �lillo" ., .... ' SEH,514Nu . �Y11�tiv'"n1er �r T TRACT-Cvii:jr#it'T1.1 tlir .�►� ease , SEBASTA.LAKES L�E ; i --= g©lr oovo� see 00o wv , Mal i/ -7-7. MVO litgraritt ' i i '4 SEBASTIAN LAKES SUB' 1111,iviii 'CZ,f,/' ra-itSrb A '‘• • , fl AN?* Ir.'1-11 4,...... - -4., ffier ou it* : i : wv-1-0%* =2 Jrier �-1--�E\--- . -g vyjc:: X5..5. H41,1i•S A- i . ' YII I-'. v — , rii i _ 1-,,!II 0,4164 4:04,_ ". . .. -- - , 1 , ...... ........b '' -/- 111 ..,,447 ,„,,4 , ,.. , ;. , .., .. , ,., _ 4._:,_- ittir A • 1__•• •• . 4 14,\V . • --ii- . . - . : \----,:farie i -ling-* i :.. i:. , :.”: 1--:...- ." 1.i : _ ,ii: i, ,-, .. , / „._ ....,,, , . 1 - .,, ►-J1oeeeeewes se I•.I- �".I=J-' 1 :.R co��Se0We2EZIeeN :: :: .ii / =,1,T 7 77 � uuay.. �' .. MO 153-1 ' 4 ‘ii'- '''-`;qr 11 ' .•it.[..... dd.'. ". . s. A.--. ' .1. .=La .....„141 v.,,: 11111111111 'III IIIIIIIIk,r, IIIIIIIPe . av1 1.1'I X13 if'I•I• I • IY4UIr -1. I-i eSees o 1�it ' re-� ii 011_,.,,i aee°e211 1 R,�ER " A, ,, ,,..„,v.. ....,,,, ENs40474a um al .�, S. 0 �10'as-Mg ��co El •I•1 Section 23 31s-38e me map N 0733 compiled 08/07/01 o .00 eoo rzoo by the Indian River County Property Appraiser's Office page 1-79 Iara A' TIAN HOME OF PELICAN ISLAND Growth Management Department Comprehensive Plan Amendment Application Staff Report 1. Project Name: Sebastian River Landings 2. Requested Action: Land Use Change from L-1 (County) to LDR 3. Project Location a. Address: Southeast corner of CR 512 & 510 b. Legal: See site plan c. Indian River County Parcel Number: 23-31-38-00000-5000-00005.0 23-31-38-00000-5000-00005.1 23-31-38-00000-5000-00005.2 4. Project Owner: Mr. Jim Jelus 1688 W. Hibiscus Blvd. Melbourne, Florida 322901 321-953-3300 fax: 321- 984-2890 5. Project Agent: Randy L. Mosby, P.E. 2455 14th Avenue Vero Beach, Florida 32960 772-569-0035 fax: 772-778-3617 6. Project Engineer: Same as Agent 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: The proposed Sebastian River Landings PUD is currently unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 512. 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 1 (planned unit development-residential), with a comprehensive land use designation of LDR (low density residential). The conceptual plan outlines a total of 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node, approximately 5 acres in size, including a 1-acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development may contain 125 square feet of commercial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres). Based on the overall low density of development, coupled with existing commercial uses along CR 510, staff recommends approval of the larger commercial area. b. Current Zoning: A-1 (County -Agriculture) c. Adjacent Properties Zoning Current Land Use Future Land Use North: CUA-I Vacant C/I (County) East: RS-10 Single FamilyNacant LD South: A-1 Vacant L-1 (County) West: CL Vacant C/I (County) d. Site Characteristics (1) Total Acreage: 72.45 acres (2) Current Land Use(s): Citrus Groves (3) Soil: Electra, Riviera, Wabasso (4) Vegetation: Citrus Trees (5) Flood Hazard: Zone A, AE and X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: North County Park— 1/4 mile (9) Police/Fire: Sebastian Police 4 miles County Fire — 2 miles 9. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent 2 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 south and east are designated for low density residential, while the properties immediately north and west are designated for commercial use. The proposed PUD has incorporated a commercial node along CR 510, with low density residential for the remainder of the property, so as to be consistent and compatible with the surrounding land use designations. 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 72 +/- acres of land area and a maximum of 209 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. 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 3 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: The proposed Sebastian River Landings PUD is currently unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 512. 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 9 blocks containing 209 total single-family lots on 72.45 acres, or a density of approximately 2.9 units/acre. In addition to the single-family homes, a small commercial node, approximately 5 acres in size, including a 1-acre stormwater management tract, is proposed along the CR 510 frontage. The commercial tract is consistent with existing commercial development immediately north within unincorporated Indian River County along the CR 510 and CR 512 intersection. In accordance with section 54-2-5.11 of the LDC, the PUD(R) development may contain 125 square feet of commercial land area per dwelling unit (125 x 209 = 26,125 SF, or .60 acres). Based on the overall low density of development, coupled with existing commercial uses along CR 510, staff recommends approval of the larger commercial area. 20. Conclusion: The requested land use change from L-1 (County) to MDR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 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 City Council. PREPAR D BY DATE 4 • Permit Application No. x, ,' City of Sebastian Development Order Application a Applicant (If not owner, written authorization (notarized) from owner is required) Name: MR. TIM JELUS 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: Phone Number: ( ) - FAX Number: ( ) - E-Mail: Type of permit or action requested: COMPREHENSIVE LAND USE ADEMNDMENT — L812, 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 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): SEBASTIAN RIVER LANDINGS B. Site Information Address: SOUTHEAST CORNER OF CR512 & CR510 Lot: Block: Unit: Subdivision: , SEE LEGAL Indian River County Parcel #: 23-31 -38-00000-5000-00005 . 0 , 5 . 1 , 5 .2 Zoning Classification: Future Land Use: ���.-512, PUD–R RESIDENTIAL 4.1)(2_. Existing Use: Proposed Use: VACANT 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 es-rAtLa SEf I M i T? SID u_ss' Pesi a-u A-n ate. / p FEE PAID: $ 60O .41, RECEIVED Bc: �-�' DATE RECEIVED: .3 /fit � 10(4 Page 1 of 3 1 Development Application Form CD-2001 File Name:Doa Approved: 08/27/97 Revision: Permit Application No. D. Project Personnel: Agent: RANDY MOSBY, P.E. Name: MOSBY & ASSOCIATES , INC. Address 2455 1 4th AVENUE VERO BEACH, FL 32960 Phone Number: ( 561 ) 569 - 0035 FAX Number: (561 ) 778 - 3617 E-Mail: Attorney: Name: Address Phone Number. ( ) - FAX Number: ( ) - E-Mail: Engineer: RANDY MOSBY, P.E. Name: MOSBY & ASSOCIATES, INC. Address 2455 14th AVENUE VERO BEACH, FL 32960 Phone Number. (561 ) 569 - 0035 FAX Number. (561 ) 778 - 361 7 E-Mail: Surveyor: Name: WILIAM MOTT LAND SURVEYING, INC. Address 1275 S . PATRICK DRIVE, SUITE H SATELLITE BEACH, FL 32937 Phone Number. ( 321) 773 - 4323 FAX Number: (321 ) 777 -4795 E-Mail: I ukkz-1CL-U S , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER X I ICH IS THE IS AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THMAPS, DATTAEAN/ORRTY SSKETCHESCRIBED H PROVIDED IN BJECT THIS APPLICATION MATTER OF AFRE APPLI AN. THAT ALL THE INFORMAT ON, • - NDRU: T j HE BEST OF MY KNOWLEDGE AND BELIEF. LT / 3 /DA Z SIGNATURE j SWORN TO AND SUBSCRIBED BEFORE ME BY /l rn O-M y L 5 ASIIS PTBSQNALLY KNOWN TO!` OR PRODUCED Ctf' ZOpZ AS IDENTIFICATION, THIS % DAY OF I'Z'l�} 9 JOAN C.BARCUS MY COMMISSION#CC 990216 , EXPIRES:March 5,2005 NOTARY'S SIGNATURE / % ''' -1�'2 '"1,f o c`s Bonded Thru Notary Public Undernnters PRINTED NAME OF NOTARY ��� �COMMISSION No./EXPIRATION — ' 0.# SEAL: Form CD-2001 Page 1 of 3 Development Application Approved: 08/27/97 Revision: File Name: Doa Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional 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. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE l/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 V • • •NS .T IS BEING SIGNED BY ME/US VOLUNTARILY ANO NOT AS A RESULT OF ANY COERCION APPLIED, OR PR,, Ale ; • PLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. ..AO 3E7/ 5�z- SIGN• URE / DAT Sworn to an. subscribed before me by ---ri Sorg 4 .Tac US who is personally known to me or produced as identification, this i 5 day of frig-11_0_44-- .'t'Ei, 200Z- Notary's Signature ' ,' C C . 401,61 Printed Name of Notary J 0Commission No./Expiration Oe.-9S(02./c, OO Seal: ............. JOAN C.BARCUS ''S` ;'__ MY COMMISSION#CC 980216 s,. �.•���:; EXPIRES:March 5,2005 '%f 7";,V`�� Bonded Thru Notary Public Undenvrten Form CD-2001 Page 3 of 3 Development Application Approved: 08/27/97 Revision: File Name:Doa . MAP:13.2001 10:06AM BLDG DEPT SEBASTIAN NO.271 P.4/6 Permit Application No. al-, Supplemental Information --- ;AO, Comprehensive Plan Amendment (Land Use) ..j ATTACH ADOrnONAL PAGES IF NECESSARY. X 1. Current land use map designation: x 2. Proposed land use map designation: j (Z X 3. Size of project in acres: 72 . 5 ac. x4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. The property is to be annexed into the City. The proposed project will promote growth and tax bas_ for the City. No proposed impact on other elements of the comprehensive plan . X 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? YES . X 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 . Form CD-2008 Page 1 of 3 Comp.Plan Amend.(Land Use) moved:8/27197 Revision: File Name:Slcpalu .43.2001 10:07AM BLDG DEPT SEBASTIAN NO.271 P.5/6 Permit Application No. X 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? NONE. X 8. Is the proposed amendment compatible with the existing or future land uses of the city'? If not, why not? YES . X 9. Are there adequate public facilities to serve the proposed land use? If rot, which one(s) are not adequate? YES . X _ 10. Would the proposed amendment result in a significant adverse impact on the natural environment? if so, describe the impact. NO. Form CD-2008 Page 2 of 3 Comp.Pian Amend. (Land 1 Approved:8127/97 Revision: Fri.Name:Sicpalu NPR..13.2001 10:07AM BLDG DEPT SEBASTIAN NO.271 P.6/6 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. 12. Does the proposed amendment result in an orderly development pattern? If not, describe. 13. Attached the following: a. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. b. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300)feet of the parcel to be considered. — c. A survey and legal description of the property for which the land use amendment Is being requested. Form Ca-2008 Page 3 of 3 Comp.Plan Amend, (Land Approved:8/27/97 Revision: File Name:Sicpalu PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 18, 2002 "I make a motion to approve the land use change from L-1(county) to LDR as stated in the amendment application in accordance with items 1 and 2 of the staff report" Roll call: Mr. Svatik - yes Mr. Mahoney - yes Chmn. Barrett - yes Mr. Rauth - yes Mr. Smith - yes Ms. Reichert - no Ms. Monier -yes The vote was 6— 1. Motion carried. MOTION by Monier/Smith "I'll make the motion that we rezone the Sebastian River Landings PUD from A-1, agricultural, to a PUD-R." Roll call: Mr. Mahoney -yes Mr. Smith - yes Ms. Monier -yes Mr. Svatik - yes — Ms. Reichert -no Mr. Rauth - yes Chinn. Barrett -yes The vote was 6— 1. Motion carried. CHAIRMAN MATTERS: Chinn. Barrett asked if a workshop had been scheduled for telecommunication towers. MEMBERS MATTERS: Mr. Rauth explained why he thought Sebastian Landings wanted to annex into the City. Ms. Monier stated she would not be attending the August 1 and 15th meetings. She would be out- of-state. Mr. Svatik asked about legal liabilities regarding arsenic fields. DIRECTOR MATTERS: None ATTORNEY MATTERS: Mr. Stringer stated that from discussion with City Council the earliest workshop could be scheduled in September. • Chinn. Barrett adjourned the meeting at 11:10 P.M. (7/25/02 DB) 9