HomeMy WebLinkAbout2005 08 17 - O-05-05 Continued - 2nd Read" ' Es
aty of
SIESASTIM
HOME Of PELICAN ISLAND
City of Sebastian, Florida
Subject: Continued second reading and Agenda No. (i CJ . Cd (D
public hearing of Ordinance No. 0-05-05; v
land use amendment for a proposed 25.5- Department Origin: Growth Managementa.
acre Phase II addition to the recently Purchasing/Contracting:
annexed Cross Creek Subdivision. Finance Director:
City Attorney:
OonCity Clerk:
r Submittal by: City Manager
Date Submitted :August 17, 2005
For Agenda of: August 24, 2005
Exhibits: Ordinance No. 0-05-05, Location Map, Staff Report, DCA's ORC Report, Response to DCA from
Engineer, P&Z recora nendation, and Application
EXPENDITURE AMOUNT BUDGETED: APPROPRiATIO'N
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 Subdivision, 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 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 (9,500 SF minimum lot size). The property is slated to become phase II of Cross Creek
Subdivision, which is proposed to contain 134 single family residential lots with minimum lot size of 95'
x 135'. A similar design is anticipated for the subject parcel.
On January 12, 2005 City Council approved the transmittal of the proposed comprehensive plan land use
map amendments to the Department of Community Affairs. Their Objection, Recommendations and
Comments report is based on their review of three proposed annexations. Since that transmittal and
report was received in April one annexation request has withdrawn and one was denied at first reading.
Attached is a copy of DCA's report for your review. Issues that will need to be addressed for the Cross
Creek amendment only have been noted. If the land use map amendment is approved by City Council,
information requested by DCA will be forwarded with the approved Ordinance for a Comprehensive Plan
compliance determination. See enclosed response to DCA's comments submitted from project's civil
engineer Bruce Moia.
RECOMMENDED ACTION
Conduct the continued public hearing.
"Move to pass Ordinance No 0-05-05."
arcw
SJ ASI
}TOME OF PELICAN (BLAND
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— lunit/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.
245514 1h Avenue
Vero Beach, Florida 32960
(772) 569-0035 fax: (772)-778-3617
7. Project Surveyor: David M. Jones
3899 39h 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
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 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
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH THADDEUS L. COHEN, AIA
Governor
Secretary
April 18, 2005
The Honorable Nathan B. McCollum
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Mayor McCollum:
The Department of Community Affairs has completed its review of the proposed
Comprehensive Plan Amendment for the City of Sebastian (DCA No. 05-1), which was received
on January 31, 2005. Copies of the proposed amendment have been distributed to appropriate
state, regional and local agencies for their review, and their comments are enclosed.
The Department has reviewed the comprehensive plan amendment for consistency with
Rule 9J-5, Florida Administrative Code (F.A:C) and Chapter 163, Part II, Florida Statutes (F.S.)
and has prepared the attached Objections, Recorrimendations,'and Comments (ORC) Report
which outlines our findings concerning the comprehensive plan amendment. The Department has
raised objections on the adequate provision of services, to include transportation and public
facilities analysis and site suitability.
If you have any questions, please call Roger A. Wilburn, Principal Planner, or Jamie
Coker, Planner, at (850) 922-1816.
Sincerely yours,
Charles Gauthier, AICP
Chief of Comprehensive Planning
CG/jcs
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Tracy Hass, Director of Growth Management, City of Sebastian
Michaeal Busha, Executive Director, Treasure Coast Regional Planning Council
2555 SHUMARD OAK BOULEVARD - TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: httD_//www.dca.gtate.fl.us
CRITICAL STATE CONCERN FIELD OFFICECOMMUNITY PIANNING EMERGENCY MANAGEMENT HOUSING h COMMUNITY DEVELOPMENT
2796 OVrriras I III;hWay, Suite 212 2555 Shumard Oak Houlrvard 2555 Shuman! Uak Boulevard 2555 Shumard Oak Buulevaid
Moulhnn, FL 33050.2227 Tallahassee, FL 32399.2100 tallahassee, FL 32399.2100 Lallahawee, EL 32399.2100
^�,",^-ci�r. MIMIJITl19n9 rnsmanR.ynsr.
INTRODUCTION
The following objections, recommendations and comments are based upon the
Department's review of the City of Sebastian 05-1 proposed amendment to their comprehensive
plan pursuant to s.163.3184, Florida Statutes (F.S.).
The objections relate to specific requirements of relevant portions of Chapter 9J-5,
Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a
recommendation of one approach that might be taken to address the cited o jection ter
approaches maybe more suitable in specific situations. Some of these objections may have
initially been raised by one of the other external review agencies. If there is a difference between
the Department's objection and the external agency advisory objection or comment, the
Department's objection would take precedence.
Each of these objections must be addressed by the City and corrected when the
amendment is resubmitted for our compliance review. Objections that are not addressed may
result in a determination that the'amendment is not incompliance. The Department may have
raised an objection regarding missing data and analysis items which the local government
considers not applicable to its amendment. If that is the case, a statement justifying its
non -applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will
make a determination on the non -applicability of the requirement, and, if the justification is
sufficient, the objection will be considered addressed.
The comments that follow the objections and recommendations section are advisory in
nature. Comments will not form bases of a determination of non-compliance. They are included
to call attention to items raised by our reviewers. The continents can be substantive, concerning
planning principles, methodology or logic, as well as editorial in nature dealing with grammar,
organization, mapping, and reader comprehension.
Appended to the back of the Department's report are the comment letters from the other
state review agencies and other agencies, organizations and individuals. These comments are
advisory to the Department and may not form bases of Departmental objections unless they
appear under the "Objections" heading in this report.
TRANSMITTAL PROCEDURES
Upon receipt of this report, the City of Sebastian has 60 days in which to adopt, adopt
with changes, or determine that the City will not adopt the proposed amendment. The process
for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida
Statutes, and Rule 9J-11.011, Florida Administrative Code.
Within ten working days of the date of adoption, the City must submit the following to
the Department:
Three copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's
Objections, Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and pursuant to
Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to
Executive Director of the Treasure Coast Regional Planning Council.
Please be advised that Section 163.3184(8)(c), Florida Statutes, requires the Department
to provide a courtesy information statement regarding the Department's Notice of Intent to
citizens who furnish their names and addresses at the local government's plan amendment
transmittal (proposed) or adoption hearings. In order to provide this courtesy information
statement, local governments are required,by law to furnish the names and addresses of the
citizens requesting this information to the Department. Please provide these required names
and addresses to the Department when you transmit your adopted amendment package for
compliance review. In the event no names, addresses are provided, please provide this
information as well. For efficiency, we encourage that the information sheet be provided in
electronic format.
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR THE
CITY OF SEBASTIAN
AMENDMENT 05-1
April 18, 2005
Division of Community Planning
Office of Comprehensive Planning
This report is prepared pursuant to Rule 9J-11.010, F.A.C.
OBJECTIONS, RECOiE•LENDATIONS AND COM31ENTS
City of Sebastian
PROPOSED ANIEND1VI N'T DCA #05-1
I. CONSISTENCY WITH CHAPTER 163 F.S. AND RULES 9J-5 & 9J-11 F.A.0
The Department has completed its review of the proposed amendment to the City of Sebastian
Comprehensive Plan. The City of Sebastian amendment 05-1 contains three Future Land Use
Map (FLUM) amendments. The Department has raised objections on the adequate provision of
services, to include transportation and public facilities analysis and site suitability.
ORC OBJECTIONS & RECOMMENDATIONS:
X05-02 (Cypress Bend Subdivision) —pending annexation, approximately 46.1 acres changing
from County C-3 (Conservation —1 du/2.5ac) to City LDR (Low Density Residential - 5du/ac). WmDeA"W
2) 05-05 (Cross Creek Addition) — pending annexation, approximately 25.55 acres changing
from County R (Rural Residential - 1 du/ac) to City LDR (Low Density Residential — 5du/ac).
05-08 (The Hammocks) — pending annexation, approximately 40.224 acres changing from
County R (Rural Residential — 1 du/ac) to City LDR (Low Density Residential — 5du/ac). bE7uI&C>
1) Obiection to amendments 1-3
Impact Analysis - The supporting data and analysis does not demonstrate that the amendments
will be served by adequate public facilities, to include water, sewer and transportation facilities,
to maintain the adopted LOS standards through the five-year and long range planning periods
based upon the maximum extent of potential development allowed.
[Rule 9J-5.005 (2)(a), Rule 9J-5.006 (2)(a) and (3)(b)1, Rule 9J-5.011 (1)(0, F.A.C., and Section
163.3177 (3)(a)3 and (6)(c), F.S.J
Recommendation to amendments 1-3
-r' Impact Analysis - Provide verification from the City of Sebastian and / or the Indian River
`� County Utility Services that sufficient water and sewer capacity exists to serve the sites based on
�ti, the maximum allowable densities and intensities for the land use category. The analysis for the
five-year and long range planning periods should include a forecast of background growth, .
including committed projects, and the additional density/intensity allowed by the amendments. ,� S
Provide an assessment ofhow the amendments will affect the CUP and give the status of any
CUP modification application. Also, indicate the proximity of the collection system and the
o,7 extent to which it must be expanded to serve the sites.o
"�rJE
Demonstrate availability of adequate roadways by providing data and analysis through the .use of '(-
peak hour / peak direction traffic impact data, based on the maximum allowable densities and
\vim intensities for the land use category. Provide data that the adopted LOS standard will be
a�W maintained through the five-year planning period Also, the analysis should include impacts to I-
�W �� 95 / CR -512 interchange and any impacts to evacuation routes. Please include data indicating theQ
(6p urrent and projected demands on roadways based on projected growth and programmed funding.
Ce_� eo
Infz
2 Obiection to amendment 1 (Cypress Bend Subdivision) W �l?-FDR/�wAl
The supporting data and analysis raises questions as to the suitability of the site due to
environmentally sensitive and protected lands. The western edge of the property is adjacent to the
southern .end of the St. Sebastian River. The amendment package states that the development
plan will require conservation easements and preservation measures to ensure compliance with
protection of areas of critical State concern.
[Rule 9J-5.013 (3), F.A.C., and Section 163.3177 (6)(d), F.S.]
Recommendation to amendment 1 (Cypress Bend Subdivision)
Provide information as to the extent of sensitive and protected lands located on site in terms of
acreage and a detailed map. Also, identify the type of sensitive and protected lands on site.
Additionally, discuss how the development plan will ensure a conservation easement or other
preservation measures will protect the sensitive areas or areas of critical State concern. The City
should consider a clustering approach to development of this site to avoid impacts to onsite
resources.
II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
The supporting data and analysis does not demonstrate the amendments are consistent with the
goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes:
Goal, 15(a) Land Use, Policies 15(b)6 and Goal 19(a) Transportation, -Policies 19(b)3 and 13.
RECOMMENDATION:
Revise the amendments as previously recommended.
?nf 9
Mil St. Johns 0 vee°
Water Management District
Kirby 8, Green III, Executive Director - David W. Fisk, Assistant Executive Director
4049 Reid Street - P,O. Box 1429 • Palatka, FL 32178.1429 • (386) 329-4500
On the Internet at www.sjrwmd.com. 1
March 16, 2005
D. Ray Eubanks, Administrator
Plan Review and Processing
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: Proposed Comprehensive Plan Amendment
DCA Amendment # Sebastian 05-1
Dear Mr, Eubanks:
St. Johns River Water Management District (District) staff have reviewed the above -referenced proposed
comprehensive plan amendment. The proposed amendment consists of three changes to the City of Sebastian's
future land use map. The District staff review focuses on water supply availability and related water resource
issues in an effort to link land use planning and water supply planning, In the review of water supply
availability, District staff consider infrastructure, permitted allocation under consumptive use permits, and
source. District staff comments are provided below.
The submittal package identified Indian River County Utilities as the utility service provider for areas subject to
the map changes. District water use compliance staff indicate that the growth rate in the utility's service area is
greater than the growth rate provided for in the utility's District -issued consumptive use permit (CUP). The
utility's consultant has informed District water use compliance staff that an application for a CUP modification 6 -
will be submitted. Thus, before adopting this amendment, City staff should Coordinate with the utility service
provider to ensure that the anticipatedincrease in population growth and water demand from the areas subject to w�u��
the map changes are accounted for in the application for a CUP modification.
We appreciate the opportunity to provide comments. If you have any questions, please contact District Policy
Analyst Peter Brown at (386) 329-431 I/Suncom 860-4311 or pbrown@sitivmd.coln.
Sincerely,
Linda Burnette, Director
Office of Communications and Governmental Affairs
cc: Tracy Hass, City of Sebastian
Erik Olson, Indian River County Utilities
Michael Busha, TCRPC
Lindy McDowell, FDEP
Jeff Cole, SJRWMD
Marguerita Engel, SJRWMD
Phil Fairbank, SJRWMD
GOVERNING BOARD
Omethas D. Long, CHAIRMAN David G, Graham, VICE CwMaJJ.N -A. Clay Albright, SECRETARY'Duane Onenstroer, TREASU?EA
APOPKA JACKSONVILLE CCAU JACKSONVILLE
W. Michael Branch John G. Sowinsk William Ken Ann T. Moore Susan N. Hughes
FERNAN0INA BEACH ORL0100 MELBOURNE BEACH BUNNELI ,ACASCMnLLE
V
�\ �\ FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF HISTORICAL RESOURCES
Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
CMAR1 ' 2005 g
Plan DC
� �A! Processr�;�
February 25, 2005
Re: Historic Preservation Review of the Sebastian (05-1) Comprehensive Plan Amendment Request
Dear Mr. Eubanks:
According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and
Chapter 9J-5, Florida Administrative Code, we reviewed the above document to determine if data
regarding historic resources have been given sufficient consideration in the request to amend the
Sebastian Comprehensive Plan.
We reviewed three proposed amendments to the Future Land Use Map to consider the potential effects of
these actions on historic resources. While our cursory review suggests that the proposed changes may
have no adverse effects on historic resources, it is the city's responsibility to ensure that the proposed
revisions will not have an adverse effect on significant archaeological or historic resources in the City of
Sebastian.
We do have some concerns about the Cypress Bend Subdivision (Parcel #1) and The Hammocks (Parcel
\ #3). Although these tracts do not contain any sites listed in the Florida Master Site File or the National
Register of Historic Places, it remains the city's responsibility to ensure that potentially significant
historic resources will not be adversely affected by these actions. Both parcels appear to have at least
a� moderate archaeological site probability. The most effective way to guarantee that such sites are not
damaged is for the city to sponsor or require historic resource surveys so that it can ensure its
archaeological resources and historic structures fifty years of age or older will be considered when
substantive changes in land use are proposed.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the
Division's Compliance Review staff at (850) 245-6333.
Sincerely,
Z�k Frederick Gaske, Director
500 S. Bronough Street . Tallahassee, FL 32399-0250 • http://wrvw.flheritage.com
Cl Director's Office O Archaeological Research ✓ Historic Preservation O Historical Museums
(850) 245-6300 • FAX: 245-6436 (850) 245-6444 • FAX: 245-6436 (850) 245-6333 • FAX: 245-6437 (850) 245-6400 • FAX: 245-6433
O Southeast Regional Office O Northeast Regional Office O Central Florida Regional Office
(954) 467-4990 - FAX: 4674991 (904) 825-5045 • FAX: 825-5044 (813) 272-3843 • FAX: 272-2340
Department of
FLORI A� Environmental Protection
Marjory Stoneman Douglas Building
Jeb Bush 3900 Commonwealth Boulevard, MS 47 Colleen M. Castilla
Governor Tallahassee, Florida 32399-3000 Secretary
March 15, 2005
b �
Mr. Ray Eubanks
Florida Department of Community Affairs `
Plan Review and DRI Processing Team
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
RE: City of Sebastian, 05-1, Comprehensive Plan Amendment ORC Review
Dear Mr. Eubanks:
The .Office .of Intergovernmental Programs .of .the Florida Department of Environmental
Protection (FDEP) has reviewed the above -referenced amendment proposal under the procedures
of Chapter 163, Florida Statutes,.and .Chapters 9J-5 -and 9J-11, Florida Administrative Cnde,.and
we have the following comments and suggestions:
Ordinance 04542 ('cIKEss aamD)CwrtfioRA-_�N
The .proposed amendment would .change .the .land .use .designation .on.a 46 -acre .parcel
from Indian River County C73 (Conservation, 1 du/2.5 acres) to Sebastian Low Density
Residential (up to 5 du/acre). Water and sewer will be available.
Comments:
The western edge .of the :paree.l is adjacent .to, .the south prongof the .St..Sebastian River.
This portion of the river is part of the St. Sebastian River Preserve StatePark, a 36,600 acre
preserve. The preserve consists predominately of mesic flat�voods with smaller areas of
depression marsh, basin swamp, strand swamp, bottomland forests, scrubby flatwoods, scrub and
sandhill. The preserve was originally intended to protect the St. Sebastian River but its role has
expanded to include protection and access to large areas of high quality uplands. The only
,wetlands .appear.to be 4acent to .the river. The predominate soils .underlying .the parcel .are
generally poorly drained Oldsmar and Immokalee soils. These soils are identified in the Soil
.Survey.of Indian RiverCounty.as having potential for -excessive wetness, gonding.and.high water
table during rainy periods.
According to the best data.available .to .the Department, the .parcel lies in an area .of high
recharge to the Surficial Aquifer (180-199 on the DRASTIC Index). Surface land uses and
"More Protection, Less Process"
-Ray.Eubanks
March 15, 2005
Page 2
.activities in .this.area :can have .direct impacts:to .groundwater. Under:section .62-4.0..31.0(1)(h),
FA,C., the Department's review of all programs, rules, and plans seeks to "protect aquifers from
depletion through water conservation and preservation of the functions of high recharge areas."
Recommendations:
Development .of .this parcel may hydrologically affect and likely reduce natural watershed
functions such as the collection, storage, filtering and discharge of runoff. As a result, non -point
source .runoffinto .the . Sebastian River watershed will-be.anissue.ofzoncerm The Department
recommends that the applicant consider a full range of planning strategies to minimize impacts to
groundwater and nearby wetlands .by limiting impervious surfaces.atad clustering structures away
from wetland areas and reserving much of the land as open space for a common view in
.accordance with Rule W—M06(5)(1)..Stormwater treatment should .he .designed .to maintain .the
natural predevelopment hydro—period and water quality, as well as to protect the natural
functionsof. the. adjacent wetlands. Prior to finalizing infrastructure.development plans for the
subject parcels, we recommend that delineation and water management district verification of the
landward. extentof wetlands and surface waters .beobtained, in -accordance with guidelines.of
Rule 62-340, FA. C. Wetlands within the parcel should be designated "Conservation" to prevent
encroachment after initial construction, even if -surrounding land use designations are later
amended.
Thank you for.the.opportunity.to.comment.on this proposal. IfI.may .be.of further
assistance, please call me at (850) 245-2172,
Sincerely,
SER
Suzanne E. Ray
Environmental Specialist
Office of Intergovernmental Programs
/ser
Florida Department of Transportation'
DIRECTOR OF TRANSPORTATION DEVELOPMENT—DISTRICT 4
JEB BUSH 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 JOSt ABREU
GOVERNOR Telephone: (954) 777.4411 Fax: (954) 777-4197 SECRETARY
Intemet Email: gerrv.oreillvCa dot state.fl.us
Toll Free: 1-866-336-8435
March 18, 2005
y._
N1r. Ray Eubanks, Community Program Administrator .z = Ly
Plan Review and DRI Processing Team
Department of Community Affairs MAR 2 5 2005
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Plan
L �-esslnr,
Dear Mr. Eubanks:
SUBJECT: Proposed Comprehensive Plan Amendments ORC Review
Local Government: City of Sebastian
DCA Amendment # 05-1
The Department has reviewed the proposed comprehensive plan amendments for the City of Sebastian.
Enclosed are objections, recommendations, and comments based on this review.
Thank you for the opportunity to participate in the review process. If you have any comments or
questions about this letter, please contact me at (954) 777-4490.
GO:LH
Enclosure
cc: B. Romig, FDOT Central Office
R Wilburn, DCA
N. Ziegler, FDOT 4
L. Hymowitz, FDOT 4
File: 4270.20
Sincerely,
Gerry O'Reilly, P.E.
Director of Transportation Development
District Four
1AAAAA1 rant ctato fl i is (3 RFCM rO PAPER
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISIONfBUREAU: Planning Department
NAME OF LOCAL GOVERNMENT: City of Sebastian
DATE PLAN RECEIVED FROM LOCAL GO : 2/15/05
DATE Nf MORANDUM RECEIVED FROM DCA: 2/18/05
REQUIRED RETURN DATE FOR COMMENTS: 3/18/05
ELEMENT: Various annexed parcels
Future Land Use Element
DCA Amendment # 05-1
RULE DEFICIENCY: 9J -5.005(2)(a), 9J -5.006(2)(a), 9J-5-006(3)(b)l, 91-5.019(3Xd)
The three proposed Future Land Use amendments, which include Cypress Bend Subdivision Ord. # 0-
05-02 (46 acres), Cross Creek Subdivision Ord. 40-05-05 (26 acres), and The Hammocks Ord. #0-05-
08 (40 acres), would change the designated land use from County low density land uses 'of generally
one unit per acre or less, to City Low Residential designation up to five units per acre.
OBJECTION:
The City does not provide a cumulative traffic impact analysis, based on the maximum. potential
development, to address impacts this proposed amendment would have on the current and future
roadway network, including I-95, a Florida Strategic Intermodal System (SIS) facility.
J DISCUSSION:
4 Data and analysis necessary to support staff" s determination that traffic impacts would not adversely
affect the current and future roadway network levels of service was not provided.
An analysis of the long-term impacts of the proposed changes in land use on the surrounding roadway
network, including the I-95/CR-512 interchange, is necessary to ensure that future transportation needs
can be met.
Land development activity of a low density nature has been increasing both in Sebastian and in
Fellesmere over the last few years. If this trend continues; sprawl -like growth patterns with no
significant trip attractors in the area point to a likelihood that I-95 and US I will be heavily relied upon
v to reach commercial activity centers some distance away, and therefore the need to address potential
future impacts to the SIS and the regional roadway network as a result.
N RECOM [ENDATIONS:
so
The City should provide a comprehensive and complete transportation analysis, based on the
maximum allowable Iand uses, to identify peak hour, peak direction level of service impacts, with and
without the proposed amendment. This transportation analysis should address short- and long-range
impacts to I-95, including the I-95/CR-512 interchange, and how the City will mitigate identified
impacts to the roadway network.
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISIONBUREAU: Planninia De artment
NAME OF LOCAL GOVERN.IVIERTT: City of Sebastian
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 2/15/05
DATE MEMORANDUM RECEIVED FROM DCA: 2/18/05
REQUIRED RETURN DATE FOR CONRAENTS: 3/18/05
ELEMENT: Various annexed parcels
Future Land Use Element
DCA Amendment # 05-1
RULE DEFICIENCY: 9J -5,005(2)(a) 9J -5.006(2)(a) 9J -5,006(3)(b)1
9J -5,019(3)(d)
RECOMMENDATION continued:
This is an opportune time for the City to analyze its remaining annexation area for traffic impacts to
the STS because of the ongoing PD&E Study being conducted by the Department under FM# 413064-
1. The project manager is Nick Danu who can be reached at (954) 777-4324.
REVIEWED BY:
Larry HWowitA AICP
PHONE: 954-777-4490
REVIEWED BY:, Nangy Ziegler PHONE: 954-777-4490
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMMNDATIONS & C0M%1ENTS
RESPONSIBLE DIVISION/BUREAU: Planning Department
NAME OF LOCAL GO City of Sebastian
DATE PLAN RECEIVED FROM LOCAL GO 2/15/05.
DATE MEMORANDUM RECEIVED FROM DCA: .2/18/05
REQUIRED RETURN DATE FOR COMMENTS: 3/18/05
ELEMENT: Various annexed parcels
Future Land Use Map
DCA Amendment 05-1
RULE DEFICIENCY: 9J -5.005(2)(a) 9J -5.006(2)(a) , 9J -5.019(3)(c)
The three proposed Future Land Use amendments, which include Cypress -Bend Subdivision Ord. # 0-
05-02 (46 acres), Cross Creek Subdivision Ord. #0-05-05 (26 acres), and The Hammocks Ord. #0-05-
08 (40 acres), would change the designated land use from County low density land uses of generally
one unit per acre or less, to City Low Residential designation up to five units per acre.
OBJECTION:
The City does not address traffic impacts this proposed amendment would have on the designated
evacuation routes, including I-95, a Florida Strategic Intermodal System (SIS) facility.
DISCUSSION:
The City did not provide the data and analysis in support of staffs determination that traffic impacts of
the proposed amendment would not adversely impact the current roadway network Impacts of the
potential additional trips utilizing the evacuation routes should be addressed.
RECOMMENDATIONS:
The City should provide. an analysis of the adequacy of.the existing and projected transportation
system to evacuate the coastal population prior to an impending disaster.
REVIEWED BY: Lan [y Hymowitz. AICP PHONE: 954-777-4490
REVIEWED BY: , Nancy Ziegler PHONE: 954-777-4490
X" i•,l
T REAS LT.R =;C O—AY�ST—R OI_iVAP LAIV IV :I 1V G..GO.0 N_CI_L
I_•
... .� - --- .; .._ ' _• 5
I•ND:IA'-N, RIVER-`=.-M3A'`R-2IN"= PA"TM•'`BEACH -ST, I: _U _CIE_
r
March 18, 2005
Mr. Charles Gauthier
Chief
Bureau of Local Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: City of Sebastian Comprehensive Plan
Draft Amendments — DCA Reference No. 05-1
Dear Mr. Gauthier:
MAR 21 2005
PIa� �
._. ................."......,:i
Council has reviewed the above -referenced amendments in accordance with the
requirements of Chapter 163, Florida Statutes and Council's adopted plans, policies, and
review procedures. Enclosed is a copy of our report as approved by Council at its regular
meeting on March 18, 2005 pursuant to Section 163.3184, Florida Statutes.
If you have any questions, please feel free to call me.
Sincerely,
Terry L. Hess, AICP
Deputy Director
TLH:sh
Enclosure
"Bringing Comm n n ties Together" • Est. 1976
3 0 1 East o c c a n Boulevard - Suite 3 0 0 - Stuart, Florida 3 4 9 9 4
Phone (772) 221-4661 - SC 269-4660 - Fax (772) 221-4667 - E-mail - adminla�tcryc ore
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: Council Members AGENDA ITEM 5J
From: Staff
Date: March 18, 2005 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendments to the City of Sebastian Comprehensive Plan
DCA Reference No. 05-1
Tntrndiintinn
The Local Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes,. requires that Council review local government comprehensive
plan amendments prior to their adoption. Under the provisions of this law, the Department of
Community Affairs (DCA) prepares an Objections, .Recommendations, and Comments (ORC)
Report on a proposed amendment only if requested to do so by the local government, the
regional planning council, an affected person, or if an ORC Report is otherwise deemed
necessary by the DCA. If the local government requests DCA to prepare an ORC Report, then
Council must provide DCA with its own objections, recommendations for modification, and
comments on the proposed amendment within 30 days of its receipt.
Background
The City of Sebastian has proposed three amendments to the Future Land Use Map (FLUM) of
the City's comprehensive Plan. The City has requested that the DCA undertake a formal review
of the amendments. The FLUM amendments are summarized in Table 1 and their locations are
shown on the attached maps.
Evaluation
Each of the subject properties is in the process of being annexed by the City. All are within the
County established urban service boundary.
Table 1
Proposed Amendments to the Future Land Use Map
City of Sebastian Comprehensive Plan, DCA Ref# 05-1
Amendment
Approx.
Current FLUiti1
Proposed FLUiVI
Approximate Location
\umber/Name
Acreage
Designation
Designation
1, 05-02 Cypress Bend
46.1
* Conservation
LDR
West of Gardenia Street and
Subdivision
C-3)
Dolphin Avenue
2. 05-05 Cross Creek
25.6
* Residential
LDR
Nest side of Powerline Road,
Addition
south of Barber Street, and
north of CR -510
3. 05-05 The Hammocks
40.2
* Residential
LDR
East of CR510 and the
Sebastian River High School,
west of south prong of the St.
Sebastian River
Total
111.9
* County FLUM designation.
Legend to FLUIIVl Designations
C-3 (Conservation) — maximum one dwelling units per 2.5 acres
Residential — Maximum One Dwelling unit per acre
LDR — Low Density Residential, maximum 5 dwelling units per acre
Amendment 05-02 (Cypress Bend Subdivision) — this 46.1 acre parcel is along the east
bank of the St. Sebastian River, which is identified in the Strategic Regional Policy Plan
(SRPP) as a resource of regional significance and is also designated by the State of
Florida as an aquatic preserve. The property was previously used as a citrus grove, but
the grove is no longer productive. The proposed use is as a gated, residential subdivision.
The current FLUM designation under the County Plan is Conservation (C-3) which
allows a maximum of 1 unit per 2.5 acres. The proposed designation tinder the City Plan
is Low Density Residential (LDR) which allows a maximum of 5 dwelling units, per acre.
Existing land uses on surrounding properties include a Boy Scout Camp to the north,
single-family residential units to the south and east, and the St. Sebastian River and
Buffer Preserve to the west. The surrounding FLUM designations are C-3 to the north,
LDR to the south and east and Public, a County designation, to the west.
Access to this new subdivision will be limited to Gardenia Street at the southeast
quadrant of the property. The developer will be required to reconstruct Gardenia Street
as a complete, two-lane roadway. The City indicates that this will improve access for the
surrounding neighborhoods. The City indicates that they will require conservation
easements and preservation measures in order to provide protection to the
environmentally sensitive lands along the river. The City anticipates no adverse impacts
on existing levels of service, including roadways. The City considers the proposed
amendments to be compatible with uses on adjoining properties and with the
conservation of sensitive environmental lands.
2. Amendment 05-05 (Cross Creek Addition) — this 25.6 acre property is located at the
southeast boundary of the City. The property was previously used for agricultural
purposes and is currently vacant. The proposed use is for the extension of an existing
subdivision. The current FLUM designation under the County Plan is Residential (R),
which allows a maximum of 1 dwelling unit per acre. The proposed FLUM designation
is LDR.
Existing uses on surrounding lands are single family residential units and vacant lands to
the north and east, vacant land to the south and residential and vacant land to the west.
Surrounding FLUM designations are LDR to the north, east and west, and R to the south.
The property is to become Phase II of the Cross Creek subdivision. The City indicates
that infrastructure improvements to be required of the developer will enhance the area.
Amendment materials suggest that development will occur at a density of slightly over
the one dwelling unit per acre.
3. Amendment 05-5 (The Hammocks) — this 40.2 acre parcel is located to the west of the St.
Sebastian River.and just south of the intersection of CR510 and CR512. The property
was previously used for agricultural purposes and is currently vacant. The proposed use
is as a residential subdivision. The current FLUM designation under the County plan is
R; and the proposed City designation is LDR.
Existing uses on surrounding lands are single family residential and vacant lands to the
north and west, and vacant lands to the east and south. FLUM designations on
surrounding lands include LDR to the north and west and Low Density Residential (L-1)
to the east and south.
The City indicates that the County previously initiated a joint planning process for this
area. The purpose of this process, «-hich included the County, the City, the Sebastian
Water Control District, and the landowners .as participants, was to identify necessary
public infrastructure. The result was an agreed upon public road and sidewalk network
that would connect residential areas with the schools and commercial areas.
Extraiurisdictional Impacts
Letters were sent to Indian River County, the Indian River County School District and the Indian
River Metropolitan Planning Organization seeking comments regarding the compatibility of
these amendments with existing plans.
Effects on Significant Regional Resources or Facilities
Analysis of the proposed. amendment indicates that it would not have adverse effects on
significant regional resources or facilities.
Obiections Recommendations for Modification, and Comments
A. Objections
1. None
B. Comments
Amendment 05-2 (C�PeESS 861,36
1. The western boundary of the property is the St. Sebastian River, a Florida designated
aquatic preserve and a significant regional resource identified in the SRPP. The City
indicates they will require conservation easements and preservation measures in order
to provide protection to the environmentally sensitive lands along the river.
Consistent with SRPP Policies 6.5.1.3 and 6.6.1.3, a natural vegetated buffer should
be maintained for a maximum practical distance back from commonly recognized
waterway banks. The buffer zone may consist of preserved or planted vegetation but
should include native species only.
Recommendation
Council should adopt the above comments and approve their transmittal to the Department of
Community Affairs.
Attachment
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
Chmn Smith
yes
Mr. Seeley
yes
Mr. Faille
yes
The vote was 7-0. Motion carried.
MOTION by Allocco/Keough
Mr. Mahoney
yes
Mr. Keough
yes
Mr. Paul
yes
"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 Mr. Mahoney yes
Chmn Smith
yes Mr. Faille yes
Mr. Seeley
yes Mr. Paul yes
Mr. Allocco
yes
Chmn Smith called for a recess at 8:35 p.m
and all missioners were present.
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 Chmn Smith yes
Mr. Keough
yes Mr. Mahoney yes
Mr. Seeley
yes Mr. Paul yes
Mr. Faille
yes
The vote was 7-0. Motion carried.
5
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 yes
Mr. Mahoney
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.
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)
A
Permit Application No.
ano
City of Sebastian
HOME OFPEUCANISLMD Development Order Application
Applicant (If not owner, written authorization (notarized) from owner is requ
Name:
Henry Anthony Fischer
Address:
P.O. Box 780068, Sebastian, FL 32978
Phone Number: (772 ) 589 - 3159 FAX Number: (772 ) 589 -7731
E -Mail:
Received
Owner If different from applicant)
--
Name:
HenryArithony Fischer
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 1•aM9 TT -,p Man nmcnrlmzzr&
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 yarranty Deed
Lot: Block: Unit: Subdivision:
Indian River County Parcel #:
30-31-39-00000-5000-00002.0
Zoning Classification: Future Land Use:
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: FEE PAID: $ W Dt
f RECEIVED BY:
cv� 4 u
Permit Application No.
D. Project Personnel:
Agent:
Name:
Warren W. Dill
Address
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.
SIGNATURL
DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY Warren W. Dill
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENTIFICATION, THIS DAY OF June 20
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION No./EXPIRATION
SEAL:
Diana G Hill
MY COMMISSIONS DD043145 EXPIRES
ti r September 7, 2005
�ri�4„
BONDED THRU TROY FAIN INSURANCE, INC
Permit Application No.
The following its required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, _ THE OWNER(S) / X THE LEGAL REPRESENTATIVE OF THE OWNER(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 ASA RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY E LOYEE, A NT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
f /
SIGNATURE DATE
Sworn to and subscribed before me by Warren W. Dill
who is n rsonally known to me or produced
as identification, this day of June 2004 .
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal:
Diana C Hill
*. *: MYCOMMISSION# DD043145 EXPIRES
September 7, 2005
BONDED THRUTROY FAIN INSURANCE,INC
Rf ���
Permit Application No.
Mn
Supplemental Information
WMEOFRELICANISUND Comprehensive Plan Amendment (Land Use)
w -
A I I ACH Auu1 I IUNAL PAGE5 IF NECESSARY.
_ 1. Current land use map d esig nation: 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 anmexed 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.
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