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Home My WebLink About20020821 - Agenda Item - Land Use Amendment MY OF P4 PAST HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: First reading and public hearing of Agenda No. O A Ordinance No. 0-02-13; land use amendment for a proposed 72-acre planned Department Origin: rowth Management unit development situated at the intersection of Tracy E. Hass CR 510 and CR 512,and known as Sebastian River Landings. Date Submitted: August 21, 2002 s ro s for : : For Agenda of: August 28, 2002 Exhibits: Ordinance No.0-02-13,Conceptual Plan,Location Map,and P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY 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 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 reviewed the proposed land use amendment at their regular meeting on July 18,2002. Additionally,the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. RECOMMENDED ACTION Hold a first reading and public hearing for Ordinance No. 0-02-13, and move to authorize staff to transmit the proposed land use amendment to the Florida Department of Community Affairs for review. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 18, 2002 "I'll make a motion that we approve the site plan for mixed-use development for Capt. Butchers including the Jackson Street as first phase with all sidewalks included as presented, with the conditions 1 thru 4 on the staff report." Roll call: Mr. Mahoney - no Mr. Smith - yes Ms. Monier - no Mr. Rauth - no Ms. Reichert - yes Mr. Svatik - no Churn. Barrett - yes The vote was 3—4. Motion denied. Churn. Barrett called for a break at 9:49 p.m. The meeting resumed at 9:57 p.m. All members were present. D. Public Hearing—Recommendation to City Council— Comprehensive Plan Amendment—Land Use Map Change—Sebastian River Landings PUD—72.5 Acres—L-1 to LDR—SE corner of CR510/CR512 E. Public Hearing—Recommendation to City Council— PUD Conceptual Development Plan/Rezoning-Sebastian River Landings—A-1 to PUD-R— Planned Unit Development—Residential Chmn. Barrett opened the public hearing at 9:58 p.m. The applicants, Timothy Jelus & Hugh Evans, 1688 W. Hibiscus Blvd., Melbourne, and Randy Mosby &Bruce Moya, project engineers, were present and sworn in. Mr. Jelus explained that the project's property was an abandoned citrus grove, was for sale, and was going to be developed by his company. He felt the City of Sebastian would like to have control over the design standards and construction, which was why they were requesting to be annexed into the City. Mr. Smith questioned if it was legal to review the land use and zoning applications before the subject property was officially annexed in. Mr. Stringer stated yes. Mr: Jelus gave a review of the proposed subdivision including density, street layout, needed permits, community house, pool, and a CR 510 commercial node. Mr. Hass stated because of the size of the proposed commercial node and what was allowed in a PUD development, staff recommended separating the commercial node from the PUD and giving it a separate land use and zoning. He also explained the developers were applying to St. Johns for on-site stormwater treatment system, which the water would then be released in to the St. Sebastian river. Mr. Blessing had concerns regarding the entrance off of CR512 being so close to a busy intersection. Mr. Jelus responded that they would be working intensely with the County on definitive design plans especially since the County had plans to widen CR512 in that area. He reiterated the Commission was just reviewing conceptual plans. 7 • PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 18, 2002 Mr. Mahoney had questions regarding Urban Service Areas. Mr. Svatik asked the applicant why he wanted to annex into Sebastian. Mr. Jelus responded that they felt Sebastian would benefit from the proposed development more than Indian River County. Pete Connelly, 457 Lighthouse Avenue, land acquisition person for Forte Macaulay Developers (applicant), stated staff had indicated to him the City wished to pursue annexation of adjoining properties. Mrs. Reichert had questions regarding stormwater run-off into the river, concerns about a possible cattle dipping facility that used arsenic, rumored to have been on the subject property, and traffic congestion with three schools in the area. She also questioned if the property was considered contiguous with the property to the east {within the city limits} because of the ROW along the river. Mr. Stringer stated yes. Betsy Field-Connelly, 149 Kildare Drive, would like to see Sebastian stay small town, and questioned if adequate services were given to existing residents now. Irene Thompson, 1531 Spinnaker Lane, stated she was against the annexation because it would lead to additional larger annexations. Ann Putman, Sebastian resident,-r-omembered a land study done on the subject property which found e-coli in the river from the defunct dairy farm and an empty arsenic tank from dipping the cows. She had questions on construction setbacks from the river. Sal Neglia, 461 Georgia Boulevard, asked about recycling irrigation water, if a gated community, and Police and Fire services. Heather Bryant, Sharkmart, fully supported the annexation. Walt Stieglitz, 9871 Riverview Dr. Micco, Marine Resources Council & Pelican Island — Preservation Society & Friends of St. Sebastian River representative, spoke on protecting water conditions of the river and Indian River Lagoon, and stormwater run-off ramifications of the proposed project. Shirley Kilkelly, 950 Franciscan Avenue, also had concerns about a possible arsenic contamination, and asked that a condition of approval be added to require a Florida certified test for chemicals. Mr. Pete Connelly stated that an environmental audit had been done on the property and that the closest cattle dip-pit was two miles away. Bruce Moya, project engineer, responded to stormwater concerns. Chinn. Barrett closed the public hearing at 10:49 p.m. Mr. Stringer reviewed the process for land use change and rezoning and reiterated that the Commission was not making a decision or recommendation on the annexation request. MOTION by Svatik/Rauth 8 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 Churn. 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 Churn. Barrett - yes The vote was 6—1. Motion carried. CHAIRMAN MATTERS: Chmn. 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 l 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. Chmn. Barrett adjourned the meeting at 11:10 P.M. (7/25/02 DB) 9