Loading...
HomeMy WebLinkAbout2005 - Comp Plan Amendment to DCA1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 January 21, 2005 Valerie J. Hubbard, Director Division of Community Planning, Plan Processing Team Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 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: 0-05-02, project known as Cypress Bend Subdivision Ordinance No: 0-05-05, project known as Cross Creek Addition Ordinance No: 0-05-08, project known as The Hammocks Enclosed within this transmittal you will find detailed reports for each of the three (3) 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, Tracy E. Hass, AICP Director of Growth Management P� • • 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 January 21, 2005 REFERENCE: Transmittal of "Land Use Amendment Only" to Comprehensive Plan Ordinance No. 0-05-05 — Cross Creek Addition 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 During a regularly scheduled meeting on January 12, 2005, the City Council held a public hearing (transmittal) and approved the following Ordinance for transmittal to the Department of Community Affairs: Ordinance No: 0-05-05: 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 25.55 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 July 15, 2004 concerning the proposed land use amendment. Section 9J -11.006(1)(a) 2. The City Council held a public hearing on January 12, 2005. The week of January 24, 2004, 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. • Land Use Amendment: Ordinance No. 0-05-05 January 21, 2005 Page 2 Section 9J -11.006(1)(a) 3. The City of Sebastian requests the Department of Community Affairs review the; proposed amendment. Summary: Mr. Henry A. Fischer is requesting a large scale land use map amendment for a 25.55+/- acre tract of land situated immediately south of Cross -Creek Subdivsion — west of Powerline Road south of Barber Street and north of CR 510. The current land use designation for the subject parcel 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 slated to become phase H of Cross Creek Subdivision, which is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135'. A similar design is anticipated for the subject parcel. Section 9J -11.006(1)(a) 4. The city anticipates adopting this Ordinance in April 2005. • 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 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) 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, AICP, Director of Growth Management, City of Sebastian, 1225 Main Street, Sebastian, Florida 32958, telephone (772) 589-5518, fax (772) 388-8248. is • Land Use Amendment: Ordinance No. 0-05-05 January 21, 2005 Page 3 • 0 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. 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. Sollid 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. • Land Use Amendment: Ordinance No. 0-05-05 January 21, 2005 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 40Sebastian 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. 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. 0 Section 9J -11.006(1)(a) 10(c) 2. N/A • Land Use Amendment: Ordinance No. 0-05-05 January 21, 2005 Page 5 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, AICP 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 CITY OF • SEBASTIAN HOME OF PELICAN ISLAND CERTIFICATION I, Sally A. Maio, MMC, City Clerk, do hereby certify that the attached is a true and correct copy of Ordinance No. 0-05-05, which was adopted at the January 12th, 2005 Sebastian City Council Public Hearing. 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 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR is SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. I hereby affix the seal of the City of Sebastian, this 24th day of January , 2005. Sally A. M,�io, MMC City Clem City of Sebastian 0 • Ordinance No. 0-05-05 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 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of the 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: Section 1. AFFECTED PROPERTY. The amendment 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: See attached Schedule "A" containing 25.55 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. TRANSMI'T'TAL. 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. 0 0Section 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. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), Fla. Stat., whichever is applicable, and annexation of the property into the corporate limits of the City of Sebastian. If a final order of noncompliance is issued by the Administration Commission, this amendment may nonetheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department. • PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 12`h day of January, 2005, by Councilmember c o n i g i i o . The motion was seconded by Councilmember Monier and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice -Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember ATTEST: Sally A. City CIE aye aye aye aye ,CMC • 0 ORDINANCE 0-05-05 SCHEDULE A From the center of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, run South 89 degrees 32 minutes 01 seconds West along the North boundary of the Southwest quarter of Section 30 a distance of 1163.97 feet to the POINT OF BEGINNING; thence run South 00 degrees 09 minutes 57 seconds East a distance of 1336.24 feet to the quarter -quarter line; thence run South 89 degrees 50 minutes 01 seconds West along said quarter -quarter line a distance of 835.12 feet; thence run North 00 degrees 05 minutes 51 seconds West a distance of 1331.88 feet to the North boundary of the Southwest quarter; thence run North 89 degrees 32 minutes 01 seconds East a distance of 833.55 feet to the POINT OF BEGINNING. LESS AND EXCEPT the Southern fifty (50) feet of the above-described property pursuant to Chancery Order Book 9, Page 564, in the Public Records of Indian River County, Florida 0 ADOPTION • 0 The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember to a vote, the vote was as follows: ,%,tayor Vice -Mayor Councilmember Councilmember Councilmember and, upon being put The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 200 . ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney INDIAN RIVER COUNTY, FLORIDA ZONING MAP gIV ER 39 1 4U inO Rli EL1W H�H;ll i5 J6 37 i m 59 : Q LocAlop "F NO, SUB NANIE.BK PC 19 .1 !�19(XW: SEBASTIAN HIGHLANDS UNIT 17, PH: 08 04 23.1 BMX) SEBASTIAN HIGHLANDS UNIT I I . PH 07 036 INFORMATIONAL PLAT - A SURVEY Ilt l— C0HEREN 15 —I�al Ift—LE SOURCES LEGEND SECTION HEIGHT ALIQUOT manFICATION ANDTN 'T NOISE In'sIMPAL7Z NE IMkcpl N,UNUARY I J Cit NODE RT,,K IWORPO"TED CM LIMIT cm.RTU— COUNTY LINE ZONING OUNUARV NO, SUB NANIE.BK PC 19 .1 !�19(XW: SEBASTIAN HIGHLANDS UNIT 17, PH: 08 04 23.1 BMX) SEBASTIAN HIGHLANDS UNIT I I . PH 07 036 INFORMATIONAL PLAT - A SURVEY Ilt l— C0HEREN 15 —I�al Ift—LE SOURCES • • 9 aff of SlIESALSTIV HOME OF PEUCAN ISLAND t;ity of Sebastian, Florida Subject: First reading of Ordinance No. O- Agenda No. 05-05; land use amendment for a proposed 25.5 -acre addition to the recently annexed Department Origin: Growth Cross Creek Subdivision. Purchasing/Contracting:_ Finance Director: Approved for Submittal by: City Manager City Attorney: City Clerk: Date Submitted : January 05, 2005 Terrence R. Moore For Agenda of January 12, 2005 Exhibits: Ordinance No. 0-05-05, Location Map, Staff Report, Application, P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Mr. Henry A. Fischer is requesting a large scale land use map amendment for a 25.55+/- acre tract of land situated immediately south of Cross -Creek Subdivsion — west of Powerline Road south of Barber Street and north of CR 510. The current land use designation for the subject parcel 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 slated to become phase II of Cross Creek Subdivision, which is proposed to contain 150 single family residential lots with minimum lot size of 95'x 135'. A similar design is anticipated for the subject parcel. 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 0-05-05 on first reading for transmittal to the Department of Community Affairs." •CITY OfSIEBASRAN HOME OF PELICAN ISLAND Growth Management Department Comprehensive Plan Amendment Application Staff Report 1. Project Name: Cross Creek Subdivision Addition 2. Requested Action: Land Use Change from R (County— 1 unit/acre) to LDR 3. Project Location a. Address: Immediately South of Cross -Creek Subdivision - Powerline Road South of Barber/north of CR 510. b. Legal: See survey C. Indian River County Parcel Number: 30-31-39-00000-5000-00002.0 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 14'h Avenue Vero Beach, Florida 32960 (772) 569-0035 fax: (772)-778-3617 7. Project Surveyor: David M. Jones 389939 th Street Vero Beach, Florida 32960 (772) 567-9875 fax: (772) 567-9172 8. Project Description • a. Narrative of proposed action: Mr. Henry A. Fischer is requesting a large scale land use map amendment for a 25.55+/- acre tract of land situated immediately south of Cross -Creek Subdivsion — west of Powerline Road south of 1 Barber Street and north of CR 510. The current land use designation for the subject parcel 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 slated to become phase II of Cross Creek Subdivision, which is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135'. A similar design is anticipated for the subject parcel. b. Current Zoning: A-1 (County - Agriculture) C. Adjacent Properties Zoninq 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 Residential/Vacant LD d. Site Characteristics (1) Total Acreage: 25.55 acres • (2) Current Land Use(s): Vacant (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 9. Comprehensive Plan Consistency a. Future Land Use: Consistent • b. Traffic Circulation: Consistent c: Public Facilities: Consistent 2 • 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 is currently vacant un -developed land, with proposed change to single-family residential. 12. Land Use Compatibility: Adjacent properties to the north and east 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 subdivision, 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 25.55 +/- acres of land area, which in turn enhance the value of the property and increase tax revenues to the City. 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 (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 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. 3 • 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 a 25.55+/- acre tract of land situated immediately south of Cross -Creek Subdivsion — west of Powerline Road south of Barber Street and north of CR 510. The current land use designation for the subject parcel 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 slated to become phase II of Cross Creek Subdivision, which is proposed to contain 150 single family residential lots with minimum lot size of 95'x 135'. A similar design is anticipated for the subject parcel. 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 4 DATE • Permit Application No. Ma STAN City of Sebastian HOME OFPEUCAN ISUND vwt±ivprnent vrat:r Aumicailon Applicant If not owner, written authorization notarized from owner is required) Name: Henry Anthony Fischer / Address: P.O. Box 780068, Sebastian, FL 32978 Phone Number: FAX Number: (772) 589 - 3159 (772 ) 589-7731 c� E -Mail: Owner If different from applicant) -- Name: HenryAnthonyFischer Address: P.O. Box 780068 Sebastian FL 32978 Phone Number: (772) 589 -3159 FAX Number: (772 ) 589-7731 E -Mail: N/A Title of permit or action requested: Comprehensive Plan Land Use Map Amendment 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 (addition thereto) B. Site Information Address: See attached W arr anty Deed Lot: Block: Unit: Subdivision: Indian River County Parcel #: 30-31-39-00000-5000-00002.0 Zoning Classification: Future Land Use: Indian River County A-1 Todian River County - R Existing Use: Proposed Use: Vacant 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: 6 /J/ FEE PAID: $ y Q RECEIVED BY: 0 (-VA 4 g • • • Permit Application No. D. Project Personnel: Agent: Name: Warren W. Dill Address 1565 U.S. Highway 1 Sebastian FL 32958 Phone Number: ( 772) 589-1212 FAX Number: ( 772 ) 589-5212 E -Mail: N/A -Attorney: Name: Same as Agent. Address Phone Number: ( ) - FAX Number: E -Mail: Engineer. Name: Address 2455 - 14th Avenue Vero Beach FL 32960 Phone Number: ( 772) 569-0035 FAX Number: ( 772 ) 778- 3617 E -Mail: N/A Surveyor: Name: David M. Jones Address 3899 39th Street Vero Beach FL 32960 Phone Number: ( ) - FAX Number: E -Mail: I, Warren W. Dill , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Warren W. Dill WHO ISP RSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF June , 20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: "' Diana C Hill g. .: MYCOMMISSION# DD043145 EXPIRES } ° a• September 7, 2005 �"6fn 0', BONDED THRU TROY FAIN INSURANCE, INC 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. • 0 I/WE, _ 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. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY E LOYEE, AC3ENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by Warren W. Dill who is,pgrsonally known to me or produced as identification, this Alday of June 2004 Notary's Signature Printed Name of Notary Commission No./Expiration Seal: Yrt Diana Hill *= MY COMMISSION# DD043145 EXPIRES September 7, 2005 �j pfq BONDED THRU TROY FAIN INSURANCE, INC Permit Application No. 40..E--8A&T" Supplemental Information HOME OFPEUCMISLMD Comprehensive Plan Amendment (Land Use) • 0 ATTACH ADDITIONAL PAGES IF NECESSARY 1. Current land use map designation:Indian River County R - Residential _ 2. Proposed land use map designation: Sebastian Low Density Residential (LDR) 3. Size of project in acres: 25 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 and Comprehensive Plan and will not have any adverse impacts on the City. _ 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 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 recently annexed the contiguous land and this property was intended to be a part of the Cross Creek subdivision, planned for this area. 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 two 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 and the roads internal to the development will be paved _ 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. No. The prior use of the property was a citrus grove. 0 • • 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 effects from this development. This development will enhance the value of the property and thus increase the tax revenue of the City. 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes. The development is contiguous with the City limits on two sides and will result in a logical and orderly expansion 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 • • • PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 2004 The hearing was closed at 8:32 p.m. MOTION by Allocco/Paul "I make a motion that we approve [recommendation to City Council] the conception plan for the Cypress Bend Subdivision." ROLL CALL: Mr. Allocco yes Mr. Mahoney yes Chmn Smith yes Mr. Keough yes Mr. Seeley yes Mr. Paul yes Mr. Faille yes The vote was 7-0. Motion carried. MOTION by Allocco/Keough "I make a motion that we approve [recommendation to City Council] the rezoning from Al County to RS -10 (Cypress Bend Subdivision)." ROLL CALL: Mr. Keough yes Chmn Smith yes Mr. Seeley yes Mr. Allocco yes Chmn Smith called for a recess at 8:35 p.m and all commissioners were present. Mr. Mahoney yes Mr. Faille yes Mr. Paul yes The meeting was reconvened at 8:47 p.m. D. Public Hearing — Recommendation to City Council — Request for Rezoning and Amendment to the Comprehensive Plan Future Land Use Map for (annexation of) 25 Acres West of Powerline Road — Cross Creek Addition Chmn Smith opened the hearing at 8:48 p.m. Mr. Bruce Moia, Mosby & Associates, 245514 th Avenue, Vero Beach, Florida presented the application. He explained that this is a land locked piece of land to be added to the existing Cross Creek Subdivision. Mr. Hass added that the project would consist of half -acre lots to be added to the existing Cross Creek Subdivision. No one from the public spoke. The hearing was closed at 8:53 p.m. MOTION by Allocco/Smith "I make a motion that we approve [recommendation to City Council] the 25 acre addition of the Cross Creek Subdivision for the Land Use Change from R County to LDR." ROLL CALL: Mr. Allocco yes Mr. Keough yes Mr. Seeley yes Mr. Faille yes The vote was 7-0. Motion carried. 5 Chmn Smith yes Mr. Mahoney yes Mr. Paul yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 2004 • MOTION by Allocco/Keough "I make a motion that we approve [recommendation to City Council] Cross Creek Subdivision for rezoning from Al County to RS -10." ROLL CALL: Mr. Faille yes Chmn Smith Mr. Mahoney yes yes Mr. Seeley yes Mr. Allocco yes Mr. Keough yes Mr. Paul yes The vote was 7-0. Motion carried. CHAIRMAN MATTERS: Chmn Smith inquired on the status of Hurricane Harbor and Ms. King said they have been in the office and are working with staff. He also asked about the Sebastian Village project status. Mr. Hass said he believed they have all their building permits. Chmn Smith commented about the Davis Street Commerce Building not having the stucco on the exterior. Mr. Hass and Ms. King said they would not get a certificate of occupancy if they do not comply. MEMBER MATTERS: • Mr. Allocco asked about the roof design of the new Remax Building as it projects over the sidewalk. Mr. Hass said that is one of the zero setback areas. Mr. Allocco agreed with Mr. Masteller's comments on the fine performance of the Growth Management Department with relation to its size. Mr. Keough agreed, as did other commissioners. Mr. Paul asked how could the application form be changed, as some of the questions asked are repetitious and ambiguous. Mr. Allocco suggested Mr. Paul work up a draft. C7 DIRECTOR MATTERS: Mr. Hass thanked the commission for their words of kindness and appreciation. He also thanked the board for being understanding with the shuffling of the special meeting date. Chmn Smith asked about the possibility of increasing the staff of the Growth Management Department. Mr. Hass complimented his staff on their teamwork and ability to process the workload and added that what the department really needs is a planner. Mr. Hass said the Community Redevelopment Board has been appointed by the City Council and Susan is secretary to that board and Jan is the CRA Coordinator. ATTORNEY MATTERS: NONE Chmn Smith adjourned the meeting at 9:10 p.m. (7/19/04 SBL) D Oegular City Council Meeting ,anuary 12, 2005 Page Eight "sa € n Mayor McCollum stated that this is simply land use and annexation will not be addressed until April or May when DCA comments are received. Robert Hill, Boy Scouts of America, stated they camp on this property. Tim Glover, Friends of St. Sebastian River, said he would reserve his comments for a later time. Richard Scurlock, 1190 Barber Street, suggested going no further and to leave it in the county. Andrea Coy, asked why the City would consider allowing development of a county conservation district. Earl Masteller, Masteller & Moler, Engineers for the project, said the property is presently zoned agriculture. The Growth Management Director said the City has recently seen several properties proposed for development in the county; and stated that Planning and Zoning had recommended approval of this item. . Mr. Coniglio cited areas that the county has recently approved for development, noted that no one from Sebastian attended the county meetings to be heard, he said the subject property will be developed and said he hoped it will be developed in the City. Ms. Monier urged approval to give the Council later ability to control and manage growth. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Ordinance No. 0-05-02 was passed on first reading for transmittal to DCA on a roll call vote of 4-0. 05.016 C. First Reading & Transmittal Hearing Ordinance No. 0-05-05 Land Use 153-170 Amendment for a Proposed 25.5 -Acre Addition to the Recently Annexed Cross Creek Subdivision (GMD Transmittal 1/5/05, 0-05-05, Map ReportApplication P & Z Recommendation) 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 25 ACRES, MORE OR LESS, LOCATED WEST AND ADJACENT TO CROSS CREEK LAKE ESTATES ALONG POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK ADDITION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Press Journal 1/5/05 and 1/12/05) Wegu' arCity Council Meeting nuary 12, 2005 age Nine Mayor McCollum opened the public hearing at 8:45 p.m. and the City Attorney read Ordinance No. 0-05-05 by title only. The Growth Management Director gave a brief presentation and recommended approval for transmittal to DCA. Richard Scurlock, objected to approval. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Ordinance No. 0-05- 05 was passed on first reading for transmittal to DCA on a roll call vote of 4-0. 05.017 D. First Reading & Transmittal Hearing Ordinance No. 0-05-08 Land Use Amending 171-188 for a Proposed 40 -Acre Subdivision Located South of Sebastian River Landings Phase II (GMD Transmittal 1/5/05, 0-05-08, Map, Report, Application, P & Z Recommendation) 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 RESIDENITAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 40 ACRES, MORE OR LESS, LOCATED EAST OF CR510 AND THE SEBASTIAN • RIVER HIGH SCHOOL KNOWN AS THE HAMMOCKS; AUTHORIZING FINDING AND ADMINISTRATIVE ACTIONS; PROVIDNG OR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Press Journal 1/5/05 and 1/12/05) Mayor McCollum opened the public hearing at 8:52 p.m. and the City Attorney read Ordinance No. 0-05-08 by title only. The Growth Management Director gave a brief presentation and recommended approval for transmittal to DCA. Bruce Moia, Mosby and Associates, said this property will be developed either way and requested approval. Richard Scurlock, recommended the land be developed at one unit per acre. The Growth Management Director said it is safe to say that all of these properties were once citrus groves, are in the urban service boundary, and in all likelihood the county would be required to designate a land use category if the developers were to go to the county for approval. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio, Ordinance No. 0-05-08 was passed on first reading for transmittal to DCA on a roll call vote of 4-0 0 Comprehensive Plan Citizen Courtesy Information List Local Government: City of Sebastian Hearing Date: January 12, 2005 0-05-05 Cross Creek Phase II Type Hearing: N Transmittal (Proposed) ❑ Adoption DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. Citizen Name Address, City, State, Zip Code Written Spoken Identify Amendment Comment Comment which is of Interest 0 0 0