HomeMy WebLinkAbout2003 - Land Use Amendment to DCA1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 m FAX (7'"' coo-jr'A6
December 19, 2003
Mr. Thomas Beck, Director
FL Department of Community Affairs
Division of Community Planning, Plan Processing Team
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Reference: Submission of Local Government Compre
To Whom It May Concern:
D iqTRnsnut/
CP P/ah
Please be advised the City of Sebastian has received ar
to the Future Land Use Map Element of the Comprehensive Plan with
requests, which are being processed concurrently as a single amendment:
Ordinance No: 0-03-16 commonly known as Cross Creek Subdivision
Ordinance No: 0-03-18 commonly known as The Spencer Project
Ordinance No: 0-03-20 commonly known as Ashbury Subdivision
Ordinance No: 0-03=24 commonly known as Sebastian Crossings
Ordinance No: 0-03-26 commonly known as River Oaks Preserve
Enclosed within this transmittal you will find detailed reports for each of the five (5)
aforementioned projects, together with all requisite supporting data and the entire element being
amended.
Please do not hesitate to contact me should you have any questions or comments regarding this
matter.
Sincerely,
r/E.Hass
Director of Growth Management
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 589-2566
December 19, 2003
REFERENCE: Transmittal of "Land Use Amendment Only" to Comprehensive Plan
Ordinance No. 0-03-16 — Cross Creek Subdivision
FLORIDA ADMINISTRATIVE CODE RULE 9J-11.006
This letter and accompanying attachments are intended to satisfy the requirements of Section 9J-
11.006 of the Florida Administrative Code. This proposed amendment does not qualify as an
exemption from the provisions of Section 9J -11.006(1)(a)7.
CHANGE OF LAND USE
At a special meeting on December 17, 2003, the City Council held a public hearing (transmittal)
and approved the following Ordinance for transmittal to the Department of Community Affairs:
• Ordinance No: 0-03-16: Approving an amendment to the Future Land Use Element of the
Comprehensive Plan, from R (Residential, 1 unit per acre — Indian
River County) to LDR (Low Density Residential, 5 units per acre)
for 115 acres of land pending annexation.
QUESTIONS AND ANSWERS PER SECTION 9J-11.006(1), F.A.C.
Section 9J -11.006(1)(a)1. The Planning and Zoning Commission held a public hearing on
September 18, 2003 concerning the proposed land use amendment.
Section 9J -11.006(1)(a) 2. The City Council held a public hearing on December 17, 2003.
The week of December 22, 2003, this department submitted copies
to the Treasure Coast Regional Planning Council, St. John's River
Water Management District, Department of Transportation,
Department of Community Affairs, Florida Department of State,
and Indian River County Planning Department.
Section 9J -11.006(1)(a) 3. The City of Sebastian requests the Department of Community
Affairs review the proposed amendment.
Land Use Amendment: Ordinance No. 0-03-16
December 19, 2003
• Page 2
Summary: Mr. Henry A. Fischer is requesting a large scale land use map amendment for a 115+/ -
acre tract of land situated along Powerline Road south of Barber Street and north of CR 510
adjacent to Sebastian Highlands Unit 11. The current land use designation for this parcel of land is
R (Residential lunit/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). Mr.
Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre)
and corresponding zoning of RS -10 (10,000 SF minimum lot size). The property is home to a
former sand mining operation, which created a large lake on the subject site, and is slated for
subdividing to permit residential units along the perimeter of the lake boundaries. As proposed,
Cross Creek will include 150 single family residential lots with minimum lot size of 95' x 135',
thus a proposed density of 1.30 units/acre, well below the 5 units/acre permitted within the LDR
category. The proposed project also includes improving Powerline Road from Barber Street south
approximately 1125 feet to the southernmost subdivision access point.
Section 9J -11.006(1)(a) 4. The city anticipates adopting this Ordinance in March of 2004.
Section 9J -11.006(1)(a) 5. The proposed amendment is not applicable to an area of critical State
concern.
• Section 9J -11.006(1)(a) 6. N/A
Section 9J -11.006(1)(a) 7. The proposed amendment does not qualify as an exemption.
Section 9J -11.006(1)(a) 8. The City of Sebastian has submitted the proposed land use element
to the following agencies: 1) Treasure Coast Regional Planning
Council, 2) Indian River County Planning Department, 3) St. John's
River Water Management District, 4) Department of Transportation,
5) Department of Environmental Protection, 6) Florida Department
of State.
Section 9J -11.006(1)(a) 9. The proposal is being processed solely by the City of Sebastian.
Section 9J -11.006(1)(a) 10. Tracy E. Hass, Director of Growth Management, City of Sebastian,
1225 Main Street, Sebastian, Florida 32958, telephone (772) 589-
5518, fax (772) 589-2566.
Section 9J-11.006(1)(a)10(b). Attached you will find the following map:
1. City's adopted Future Land Use Map and a drawing indicating the surrounding
• street and thoroughfare network.
• Land Use Amendment: Ordinance No. 0-03-16
December 19, 2003
Page 3
•
0
Section 9J -11.006(1)(a) 10(b) 2. The aforementioned map also indicates the present land use
designation of the subject property and the abutting properties
Future Land Use designation.
Section 9J -11.006(1)(a) 10(b) 3. The subject property is approximately 115 acres, more or less.
Section 9J -11.006(1)(a) 10(b) 4. The following provides for the availability of demand on the
following public facilities:
1. Sanitary Sewer. Currently, sanitary sewer service
is available immediately to the south of the subject
property along County Road 510. Additionally, the
City and Indian River County Utility Services will
require that the developer extend the existing sewer
line to service the proposed development.
2. Solid Waste. Disposal of all solid waste may occur
either through County -City interlocal recycling
program, as adopted by the City through passage of
Resolution No. R-92-05, on January 8, 1992, or at
County landfill sites, usage established on May 10,
1989, through the solid waste agreement,
Resolution No. R-89-25. This is consistent with the
City's adopted plan.
3. Potable Water. Currently, potable water service is
available south of the subject property along County
Road 510. Additionally, the City and Indian River
County Utility Services will require that the
developer extend the existing water line to service
the proposed development.
•
L�
n
U
Land Use Amendment: Ordinance No. 0-03-16
December 19, 2003
Page 4
4. Traffic Circulation. The subject property is
located immediately south of Sebastian along
Powerline Road (unimproved), which once
improved will permit access from the subdivision to
a collector (Barber Street) to the north and an
arterial (County Road 510) to the south. The
primary subdivision access point will be via the
proposed improvements to Powerline Road along the
western boundary of said subdivision.
Staff has determined that the proposed land use
change from R (1 unit/acre) to LDR (5 units/acre),
and being 115 acres, will not adversely impact the
current level of service along either roadway
network, as infrastructure and capacity
improvements are planned for each roadway in
addition to the aforementioned improvements slated
for Powerline Road. However, the City of
Sebastian has sufficient land development
regulations, including concurrency management
requirements, and subdivision review procedures in
place to ensure the proposed development will not
negatively impact the roadway network and will
provide sufficient roadway improvements so as to
assure acceptable levels of service are maintained
on the City/County thoroughfare network.
5. Recreation. The proposed will not adversely
impact the existing recreational facilities owned by
the City of Sebastian. Residents of Cross Creek
Subdivision will be required to contribute to the
City's recreation impact fee program, just as all City
residents are, in order to facilitate park development
consistent with local and state guidelines for
providing parks/recreation areas for the populace.
Land Use Amendment: Ordinance No. 0-03-16
December 19, 2003
• Page 5
Section 9J -11.006(1)(a) 10(c). Three (3) copies of staff, Local Planning Agency, and local
governing body recommendations are being provided for your review.
Section 9J -11.006(1)(a) 10(c) 2. N/A
If you have any questions or comments regarding this matter, please do not hesitate to call me at
(772) 589-5518.
Sincerely,
Tracy E. Hass
Director of Growth Management
cc: Treasure Coast Regional Planning Council
Indian River County Planning Department
St. John's River Water Management District
• Florida Department of Transportation
Florida Department of Environmental Protection
Florida Department of State.
Division of Historical Resources
0
CERTIFICATION
I, Sally A. Maio, City Clerk, do hereby certify that the attached is a true and
correct copy of Ordinance No. 0-03-16 Land Use Amendment for a 115 acre
tract of land located along Powerline Road south of Barber Street known as
Cross Creek Subdivision, which passed on 1St reading on December 17, 2003,
for transmittal to the State of Florida Department of Community Affairs, with title
as set out below:
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN
FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE
CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR
ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION
• AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING
OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE
ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK
SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE
ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
I hereby affix the seal of the City of Sebastian, this 18th day of December, 2003.
Sally A. M io, CMC
City CI
City of Sebastian
0
CITY OF
�
S]EIRAST�N
HOME OF PELICAN ISLAND
CERTIFICATION
I, Sally A. Maio, City Clerk, do hereby certify that the attached is a true and
correct copy of Ordinance No. 0-03-16 Land Use Amendment for a 115 acre
tract of land located along Powerline Road south of Barber Street known as
Cross Creek Subdivision, which passed on 1St reading on December 17, 2003,
for transmittal to the State of Florida Department of Community Affairs, with title
as set out below:
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN
FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE
CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR
ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION
• AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING
OF 115 ACRES, MORE OR LESS, LOCATED ALONG POWERLINE
ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK
SUBDIVISION; AUTHORIZING FINDINGS AND ADMINISTRATIVE
ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
I hereby affix the seal of the City of Sebastian, this 18th day of December, 2003.
Sally A. M io, CMC
City CI
City of Sebastian
0
ORDINANCE NO. 0-03-16
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE
MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW
DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE
(R) FOR LAND CONSISTING OF 115 ACRES, MORE OR LESS, LOCATED
ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS
CROSS CREEK SUBDIVISION; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of henry A. Fischer for
an amendment to designate an initial land use for certain property considered for annexation
from its existing County Future Land Use Map designation of R (Residential, 1 unit per acre) to
• a City designation of LDR (Low Density Residential); and
WHEREAS, the City Council has considered the criteria identified in the 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 provided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input; and
WHEREAS, the City Council has considered the applicable provisions of the existing
Comprehensive Land Use Plan; and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the
future development goals of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
•
•
is
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, as of the effective date to be lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
The South %z of the Northwest 1/4 of Section 30, Township 31 South, Range 39
East, Indian River County, Florida;
AND ALSO the Northeast 1/4 of the Southwest 1/4, excepting the West 5 acres
thereof, in Section 30, Township 31 South Range 39 East
containing 115 acres more or less.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate the same as LDR (Low Density
Residential) in accordance with the requirements of Florida law.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
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 upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs or other final action finding the amendment herein in compliance, and annexation of the
property into the corporate limits of the City of Sebastian.
•
•
0
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading this 17th day of
December, 2003, by Councilmember-,& C /� The motion was seconded by
Councilmember C and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice -Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Nathan McCollum
ATTEST:
Sally A. Mlayio, CMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember
motion was seconded by Councilmember
the vote was as follows:
Mayor
Vice -Mayor _
Councilmember
Councilmember
Councilmember
The
and, upon being put to a vote,
•
The Mayor thereupon declared this Ordinance duly passed and adopted this
1200—.
ATTEST:
Sally A. Maio, CMC
City Clerk
0
CITY OF SEBASTIAN, FLORIDA
In
Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
City Attorney
day of
•
an of
SE]BASTL%N
HOME OF PEUCM ISLAND
City of Sebastian, Florida
Subject: First reading of Ordinance No. 0-03-
Agenda No.
16; land use amendment for a proposed 115 -acre
private subdivision situated along Powerline Road
Department Origin: Growth Management
south of Barber Street and north of CR 510
Tracy E. Hass
adjacent to Sebastian Highlands Unit 11, and
known as Cross Creek Subdivision.
Date Submitted: December 4, 2003
Approved for Submittal by:
For Agenda of. December 17, 2003
Exhibits: Ordinance No. 0-03-16, Conceptual Plan, Location Map, and P&Z recommendation, Application.
EXPENDITURE
AMOUNT BUDGETED:
APPROPRIATION
REQUIRED: None
None
REQUIRED: None
SUMMARY
•Mr. Henry A. Fischer is requesting a large scale land use map amendment for an 115+/- acre tract of land situated
along Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The
current land use designation for this parcel of land is R (Residential Iunit/acre (County)), while the current zoning is
A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low
Density 5 units/acre) and corresponding zoning of RS -10 (10,000 SF minimum lot size). The property is home to a
former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit
residential units along the perimeter of the lake boundaries. As proposed, Cross Creek will contain 150 single family
residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.30 units/acre, well below the 5
units/acre permitted within the LD category. The proposed project also includes improving Powerline Road from
Barber Street south approximately 1125 feet to the southernmost subdivision access point.
Although details of the subdivision have been provided herein, this application entails only review for
consistency with the land use element of the comprehensive development plan. Further details regarding specific
site development plans will be provided during the rezoning/conceptual development plan review to follow upon
completion of the Department of Community Affairs review of this application. However; please feel free to
contact Growth Management staff should you have any question with regards to this application, or should you
desire to review the conceptual development plan.
RECOMMENDED ACTION
Conduct first public hearing.
•Staff recommends the City Council move to pass this ordinance on first reading and transmit said Ordinance to
the Department of Community Affairs. Upon receipt of comments from DCA, a second hearing will be
conducted.
"Move to pass Ordinance No 0-03-16 on first reading for transmittal to the Department of Community Affairs."
arc CF
• SER _T
HOME OF rPW AN tSIAND
Growth Management Department
Comprehensive Plan Amendment Application
Staff Report
1. Project Name: Cross Creek Subdivision
2. Requested Action: Land Use Change from R (County— 1 unit/acre) to LDR
3. Project Location
a. Address: Powerline Road South of Barber/north of CR 510.
b. Legal: See survey
C. Indian River County Parcel Number: 31-39-30-00000-3000-00002.0
31-39-30-00000-5000-00001.0
4.
Project Owner:
Henry A Fischer
•
P.O. Box 780068
Sebastian, Florida 32978
(772) 589-3159
fax: (772) 589-7731
5.
Project Agent:
Warren W. Dill
Dill & Evans, P.L.
1515 U.S. Highway 1, Suite 201
Sebastian, Florida 32958
(772) 589-1212
fax: (772) 589-5212
6.
Project Engineer:
Mosby & Associates, Inc.
2455 14th Avenue
Vero Beach, Florida 32960
(772) 569-0035
fax: (772)-778-3617
7.
Project Surveyor:
James A. Fowler
929 7`h Avenue
P.O. Box 1677
Vero Beach, Florida 32960
(772) 562-4744
fax: (772) 562-0963
8.
Project Description
a. Narrative of proposed action: Mr.
Henry A. Fischer is requesting a large
•
scale land
use map amendment for an
115+/- acre tract of land situated along
1
Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian
• Highlands Unit 11. The current land use designation for this parcel of land is R
(Residential 1 unit/acre (County)), while the current zoning is A-1 (Agricultural 1
unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of
LDR (Low Density 5 units/acre) and corresponding zoning of RS -10 (10,000 SF
minimum lot size). The property is home to a former sand mining operation, which
created a large lake on the subject site, and is slated for subdividing to permit
residential units along the perimeter of the lake boundaries. Cross Creek is
proposed to contain 150 single family residential lots with minimum lot size of 95'x
135', thus a proposed density of 1.30 units/acre, well below the 5 units/acre
permitted within the LD catea 3 e propose- a so inn u es imp g
e Road rom Barber Street south approximately 1125 feet to the
southernmost subdivision access point. In addition, Shakespeare Street on the
west side of the project will be expanded to a two-lane roadway within a 50' right-
of-way, whereas Shakespeare is currently a substandard single lane roadway.
b. Current Zoning: A-1 (County - Agriculture)
C. Adjacent Properties
Zoning Current Land Use Future Land Use
North:
RS -10 Single Family/Vacant LD
East:
RS -10 Single Family/Vacant LD
• South:
A-1 Vacant R (County)
West:
RS -10 Reside ntia[/Vacant LD
d. Site Characteristics
(1)
Total Acreage: 115 acres
(2)
Current Land Use(s): Sand Mine
(3)
Soil: Oldsmar, Pepper
(4)
Vegetation: Cleared, Palm, Oak
(5)
Flood Hazard: Zone X
(6)
Water Service: Indian River County Utilities (Water Main)
(7)
Sanitary Sewer Service: Indian River County Utilities (Forcemain)
(8)
Parks: Barber Street — 3/4 mile
(9)
Police/Fire: Sebastian Police 4 miles
County Fire — 3/4 miles
2
• 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: Site was utilized for a sand mining operation, with proposed
change to single-family residential.
• 12. Land Use Compatibility: The adjacent properties to the north, east and west are
designated low density residential, while the property immediately south is designated for
low density residential within the County.
There will be a negligible impact caused by the proposed land use change due to the
similarity of the existing uses in the area. Additionally, the infrastructure improvements
slated as an element of the proposed project will enhance the viability and sustainability
of the area.
13. Adequate Public Facilities: Provided — public utilities (water, wastewater) will be
incorporated within the development of the proposed PUD, and the existing lake will
double a stormwater detention basin.
14. Natural Environment: The proposed Subdivision will contain the requisite open space
as required by land development regulations.
15. Economic Effect: provided — The property is currently not within the corporate limits of
the City of Sebastian. Annexation will provide an additional 115 +/- acres of land area with
an additional 150 residential units, which in tum 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 (although adjacent on three sides to City boundaries), 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 sand mining purposes. The City no longer
permits sand mining operations, and the proposed change to a single-family residential 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: Mr. Henry A. Fischer is requesting a large scale land use map amendment
for an 115+/- acre tract of land situated along Powerline Road south of Barber Street and
north of CR 510 adjacent to Sebastian Highlands Unit 11. The current land use
designation for this parcel of land is R (Residential 1 unit/acre (County)), while the current
zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel
with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS -10
• (10,000 SF minimum lot size). The property is home to a former sand mining operation,
which created a large lake on the subject site, and is slated for subdividing to permit
residential units along the perimeter of the lake boundaries. Cross Creek is proposed to
contain 150 single family residential lots with minimum lot size of 95' x 135', thus a
proposed density of 1.30 units/acre, well below the 5 units/acre permitted within the LD
category. The proposed project also includes improving Powerline Road from Barber
Street south approximately 1125 feet to the southernmost subdivision access point. In
addition, Shakespeare Street on the west side of the project will be expanded to a two-
lane roadway within a 50' right-of-way, whereas Shakespeare is currently a substandard
single lane roadway.
0
20. Conclusion: The requested land use change from R (County) to LDR is consistent
with the Comprehensive Plan, Land Development Code and Code of Ordinances.
21. Recommendation: Staff recommends approval of the requested land use change
with the following condition:
1. The land use change shall be conditioned upon receipt of annexation approval by
the ity Council.
;5 03
PA 'ED BY DAT
rd
Permit Application No.,
• �.
5E8—A_1-T_" City of Sebastian
HQHE Of PELUN ISIANU
Development Order Application
Applicant If not owner, written authorization notarized from owner is required)
Name:
HenryAndrew Fischer
Address:
P-0. Box 780068, Sebastian, EL 7
Phone Number( 772) 589-3159 FAX Number: (772 ) 589-7731
E -Mail:
N/A
Owner if different from applicant)
Name:
Address:
P.O. Box 780068 SebastianFL 32978
Phone Number: (772 ) 589-3159 FAX Number. ( 772) 589-7731
E -Mail:
N/A
Title of permit or action requested:
6
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):
CROSS CREEK, a subdivision
B. Site Information
Address:
See attached Warranty Deeds
Lot: Block: Unit:
Subdivision:
Indian River County Parcel #: Fischer
Property 30-31-39-00000-3000-0000.2/0
Zoning Classification:
Indian River County A-1
Futurd Land Use:
Indian River County - R
Existing Use:
Vacant
Proposed Use:
Residential Subdivision
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
Annexation of the property into the City and residential development under
the Future Land Use Map classification of LDR with RS -10 zoning.
DATE RECEIVED: 7 /ZLf/ a-3 FEE PAID: $ (� cO RECEIVED BY: �r1�
— — -4L;0, z 9 2l U
•
•
•
Permit Application No.
D. Project Personnel:
Diana C Hill
MY COMMISSION * D0043145 EXPIRES
•o:
•'�E
Agent:
of nQP°
BONDED THRU TROY FAIN INSURANCE, !NC
Name:
WaT-ren W_ ill
Address
ll & Evans, P.L. 1515 U.S. Highway
1 Suite 201 Sebastian, FL 32958
Phone Number: ( 772) 589-1212
FAX Number:
( 772) 589 -5212
E -Mail:
Attorney:
Name:
Same as Agent.
Address
Phone Number: ( ) -
FAX Number:
E -Mail:
Engineer:
Name:
Mosby & Associates. INc. (for subdivision)
Address
2495 - 14th Avenue, Vero Beach
FL 32960
Phone Number: ( 772) 569- 0035
FAX Number:
( 772) 778-3617
E -Mail:
Surveyor:
Name:
James A. Fowler
Address
929 - 7th Avenue - P.O. Box 1677
Vero Beach,
FL 32961
Phone Number:( 772) 562-4744
FAX Number:
( 772 ) 562-0963
E -Mail:
N/A
1, War -re -n W _ Thi 11 , 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 TO TfJEBEST OF KNOWLEDGE AND BELIEF.
IGNATURE DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY Warren W. Dill
WHO IS PERSONALLY IcninwN TO ME OR PRODUCED
AS IDENTIFICATION, THIS DAY OF JUlY, 2003
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
• ;2a""�4 :
Diana C Hill
MY COMMISSION * D0043145 EXPIRES
•o:
•'�E
September 7, 2005
of nQP°
BONDED THRU TROY FAIN INSURANCE, !NC
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.
r�
is
[ME, _ THE OWNER(S) / X 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 P & Z and City Council
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 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 MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEE, AGE T, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
NATURE DATE
Sworn to and subscribed before me by Warren W. Dill
who is personally known to me or produced
as identification, this day of July 20 03' ..17
c
Notary's Signature '1-21
Printed Name of Notary
Commission No./Expiration
Seal:
Diana C Hill
MYCOMMISSION# DW43145 EXPIRES
:a September 7, 2005
BONDED THRU TROY FAIN WSURANC� 24C
Permit Application No.
• �,
Supplemental Information
F*mi oF PEMN mAw Comprehensive Plan Amendment (Land Use)
•
r�
4TTACH ADDITIONAL PAGES IF NECESSARY.
1. Current land use map designation: Indian River County R - Residentia
— 2. Proposed land use map designation: Sebastian
Low Density Residential (MR)
3. Size of project in acres: Fischer 79.8 acres/Trust 35.4 acres
4. Describe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City.
This application is consistent with the City's annexation---
policy
nnexatioII_=policy and Comprehensive Plan and will not have any adverse
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
•
40
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? The City has an annexation policy within the
geographic area adjacent to the City which includes this
property.
8. Is the proposed amendment compatible with the existing or future land uses of
the city? If not, why not? The proposed Amendment is compatible
with the City's land uses surrounding this property on three
sides.
_ 9. Are there adequate public facilities to serve the proposed land use? If not, which
one(s) are not adequate? All public facilities are adequate.
The road to the development will be paved to its entrance.
— 10. Would the proposed amendment result in a significant adverse impact on the
natural environment? If so, describe the impact. No.
the property was a citrus grove.
The prior use of
•
•
0
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. There will not be any adverse effect
from this development. This development will enhance the
value of the property and thus increase the tax revenue of
12. Does the proposed amendment result in an orderly development pattern? If
not, describe. Yes. The development is contiguous with the
Cita limits on three sides and will result in a logical
axr-ansi nn of the City,
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.
city.
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003
• Mr. Stringer then advised the commission to make a motion for another land use
category because if it is annexed it must have a city land use category. He detailed the
various land use categories.
•
•
MOTION by Monier/Blessing
"I would like to reiterate my motion [to recommend to city council] the create a land use
for the Ashbury Subdivision to LDR"
There was discussion about land use and zoning categories. Mr. Stringer advised the
commission if the land were brought in without a land use category established it would
come in at the closest corresponding city land use category. In this case it would be
multi -family because the current county land use allows 6 units per acre and our multi-
family category would be the closest.
Roll Call: Mr. Allocco
no
Chmn Smith
yes
Mr. Seeley (a)
yes
Mr. Blessing
yes
The vote was 5-2. Motion carried.
MOTION by Mahoney/Blessing
Mr. Faille yes
Mr. Mahoney no
Ms. Monier yes
"I make a motion that we [recommend to city council] rezone [Al to PUD -R] with a
minimum of 7,500 square foot lots with 7 Yz ' side setbacks and 60' lot frontage"
Roll Call: Mr. Faille
yes
Mr. Mahoney
yes
Mr. Blessing
yes
Ms. Monier
yes
The vote was 7-0. Motion carried.
Mr. Allocco
yes
Chmn Smith
yes
Mr. Seeley
yes
D. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND
USE MAP AMENDMENT/REZONING — CROSS CREEK SUBDIVISION
Mr. Warren Dill, 1565 U.S. #1, Sebastian, Florida represented the applicants, Mr. Hank
Fischer and Mr. Daniel Spencer. Also present is Mr. Bruce Moia of Mosby & Associates,
Vero Beach, Florida. Mr. Dill described the property location, 115 acres, 150 single
family lots, 85' X 135', 13,000 sq. ft. The lots on the cul-de-sac are almost half acre. The
density is 1.3 units per acre, proposing private streets with 50' right -of way curb and
gutter, and sidewalks on both sides. Powerline Road will be paved to access this
property. County water and sewer is available, storm water will be kept on site and no
obligation on the city for maintenance of drainage. Land use is compatible with
surrounding area. Mr. Hass added that the property is currently being used as an active
sand mine, which will cease operation this year. In the event that the Powerline Road
access is not able to occur the alternative access point will be Shakespeare.
Mr. Mahoney was concerned about who would be responsible for paving Powerline
Road and Mr. Hass said it is being negotiated. Mr. Allocco asked if the large cement
5
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF SEPTEMBER 18, 2003
• poles would be a problem on Powerline Road and Mr. Dill said the driving surface is to
the east of th4e poles and they would not present a problem for road construction. The
commissioners agreed this was a well -presented project.
is
•
The following people spoke:
Clive Beckwith, 465 Lighthouse Avenue, Sebastian, Florida very pleased with the
proposal as long as they do not use Shakespeare as the main entrance to the site.
Mickey Groepler, Sebastian, Florida asked where the lake came from and Mr. Dill said
the lake was created as a result of the sand mine operation.
Dot Weathers, 1781 Barber Street, Sebastian, Florida concerned about traffic on
Powerline Road.
Anna Roessler, 1745 Skyline Lane, Sebastian, Florida wanted to know if the buffer zone
will be maintained.
Zipolitto, Filbert Street, Sebastian, Florida said he received a letter requesting 35' of his
property for the road work and wondered why it wasn't taken from the west side of the
road instead. Mr. Stringer explained that Powerline Road is a good way to get from the
Highlands to 510, which has been a safety issue at the Metropolitan Planning
Organization.
Kathy Woolsey, 8625 70`h Avenue, concerned about traffic and development.
Richard Scurlock, 1190 Barber Street, Sebastian, Florida in favor of no development and
no growth.
Mr. Dan Spencer, 901h Avenue, was a citrus grower for 20 years and if the economy
could support his business to continue it would.
Mr. Mahoney asked for a clarification of the staff notation, "rezoning shall be conditioned
upon receipt of annexation approval by the city council." Mr. Stringer interjected that it
doesn't take effect unless the city annexes it.
MOTION by Bless ing/Allocco
"I make a motion [to recommend to city council] that the land use change from R County
to LDR for the Cross Creek subdivision by accepted and approve the rezoning from Al
to RS -10 for the Cross Creek subdivision."
Roll Call: Mr. Faille
yes
Mr. Mahoney
yes
Mr. Blessing
yes
Ms. Monier
yes
The vote was 7-0. Both motions carried.
Mr. Allocco yes
Chmn Smith yes
Mr. Seeley (a) yes
Special City Council Meeting
�cember 17, 2003'
ge Six
Mayor Barnes asked for those opposed to speak.
Eugene Wolf, 757 Wimbrow Drive, recommended three units per acre.
Maryanne Krueger, 121 Miller Avenue, Sebastian, asked if the City and other agencies go to
the properties to scrutinize them, and was told the City does and other agencies typically do.
Andrea Coy, 333 Pineapple, Orange Heights, Sebastian, was sworn in and presented a
petition with 266 citizen signatures opposing the development and read a prepared
statement. (The petition and prepared statement are attached to these minutes)
Debra Poli said Powerline will endanger children.
Collette Lowe said it will look like row houses.
Mr. Schulke was given an opportunity to respond to citizen concerns at this time.
TAPE// — SIDE/ (9:18 p.m.)
City Council discussion followed on procedure whereby a second hearing on this ordinance
will be conducted upon receipt of comments from the Department of Community Affairs
(DCA) in approximately three months if Council acts upon it favorably tonight, the developer
• putting money in escrow for Powerline Road, that most of Planning and Zoning concerns
have been met, and a request by Mr. McCollum on the status of Roy Road by the next
hearing.
Being no further input, Mayor Barnes closed the hearing.
MOTION by Hill/Coniglio
"I move to pass Ordinance No. 0-03-21 on first reading and schedule a second
reading and final public hearing at a later date."
Mr. Coniglio - aye
Mr. Barczyk - aye
Mr. Hill - aye
Mr. McCollum - aye
Mayor Barnes - aye
Motion carried 5-0
:sem
Mayor Barnes called recess at 9:38 p.m. and reconvened the meeting at 9:48 p.m.
All members were present.
03.239 C. First Reading and Public Hearing for Transmittal to DCA - Ordinance No. 0-03-16
59-76 Land Use Amendment for a Proposed 115 -Acre Private Subdivision Situated Along
Powerline Road South of Barber Street and North of CR510 Adjacent to Sebastian
• Highlands Unit 11, and Known as Cross Creek Subdivision (GMD Transmittal
1.1
1214/03, 0-03-16)
Special City Council Meeting
6cember 17, 2003
ge Seven
•
•
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 LOW DENSITY RESIDENTIAL
(LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS
RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 115 ACRES, MORE OR
LESS, KNOWN AS CROSS CREEK SUBDIVISION; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE.
(The 12/17/03 agenda packet including the transmittal, application, staff report, and
supporting documents are permanent records of the City on file in the Office of the City
Clerk)
The City Attorney read Ordinance No. 0-03-16 by title and announced that Vice Mayor
Coniglio had a voting conflict to declare (see attached to these minutes); and Mayor Barnes
opened the hearing at 9:50 p.m.
The Growth Management Director gave a brief presentation and recommended transmittal
to DCA.
Warren Dill, representing the applicant, presented the application for low-density residential
land use and requested a correction to the legal description to strike the reference "LESS
the east 35 feet thereof for right-of-way'. Staff concurred with the request.
Mayor Barnes called for public input (see CLUP sign-up sheet attached):
Clive Beckwith, 465 Lighthouse, expressed concern for use of Shakespeare but in light of
this being a land use plan ordinance only, said he would not continue.
Being no further input (see CLUP sign-up sheet attached), the hearing was closed.
MOTION by Barczyk/Hill
"I move to pass Ordinance No. 0-03-16 with change on first reading for transmittal to
the Department of Community Affairs."
Mr.
Barczyk
- aye
Mr.
Hill
- aye
Mr.
McCollum
- aye
Mayor Barnes
- aye
Mr.
Coniglio
- abstained
Motion carried 4-0
7
kms.
C Ross Cka-*' 5u,8 .
Comprehensive Plan Citizen Courtesy Information List
Local Govenunent: 5ebo-,5 ti ao C) -h -CO L-7 0-1
Hearing Date: 12--1-7-03
Type Hearing: Transmittal (Proposed) Adoption 0 - a3 - I ro
DCA Amendment Number:
Please Print Clearly
(DCA Official Use)
ft
By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the
Devartment of Conununity Affairs.
Citizen
Name
V el M
Address, City, State,
Zip Code
use ,�t /-`R
Check
Appropriate
Response(s)
Written Spoken
Comment Comment
Identify Amendment which is
of Interest
�—s
CITY of
SIE`
.y
HOME OF PELICAN ISLAND
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 a FAX (772) 589-2566
December 19, 2003
Mr. Thomas Beck, Director
FL Department of Community Affairs
Division of Community Planning, Plan Processing Team
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Reference: Submission of Local Government Comprehensive Plan Amendment
To Whom It May Concern:
Please be advised the City of Sebastian has received an application for a large-scale amendment
to the Future Land Use Map Element of the Comprehensive Plan with reference to the following
requests, which are being processed concurrently as a single amendment:
Ordinance No: 0-03-16 commonly known as Cross Creek Subdivision
Ordinance No: 0-03-18 commonly known as The Spencer Project
Ordinance No: 0-03-20 commonly known as Ashbury Subdivision
Ordinance No: 0-03-24 commonly known as Sebastian Crossings
Ordinance No: 0-03-26 commonly known as River Oaks Preserve
Enclosed within this transmittal you will find detailed reports for each of the five (5)
aforementioned projects, together with all requisite supporting data and the entire element being
amended.
Please do not hesitate to contact me should you have any questions or comments regarding this
matter.
Sincerely,
r/E.Hass
Director of Growth Management