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Home My WebLink About2005 - 1st Read O-05-05off Of Sf.SASTIAN HOME OF PELICAN ISLAND Citv of Sebastian, Florida Subject: First reading of Ordinance No. O- Agenda No. 05, Q to 05-05; land use amendment for a proposed 25.5 -acre addition to the recently annexed Cross Creek Subdivision. by: City Manager Department Origin: Growth Manageme� Purchasing/Contracting: Finance Director: City Attorney: City Clerk:_ 2 %� Date Submitted: January 05, 2005 errenc R. oore For Agenda of: January 12, 2005 Exhibits: Ordinance No. 0-05-05, Location Map, Staff Report, Application, P&Z recommendation. EXPENDITURE I AMOUNT BUDGETED: I APPROPRIATION REQUIRED: None None SUMMARY REQUIRED: None 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." INDIAN RIVER COUNTY, FLORIDA ZONING MAP gIV ER PEE 35 'o 31 I HEEEM 35 1 36 !7 i 38 1 39 1 40 LDEA10P MAP 4M m 12 INF�RMATIONALPLAT INOTA SURVEY THEIN— CEII—ED HERE. IS TAILM ... ALLAKE 51UICES H—EV EA, ITS ACC "MACI S NOT GIJA PANTEED SI—ISIAI I — ...-.Al 1.1 ... E.. LEGEND SECTION HEIGHT ALIQUOT NOTIFICATION AND -ICT NOISE E—CIA POIINI IIV C;INODE V(ATTIE CITY LIMITINCORPORATED CITY .. -,"N COUNTY LIVE ZONING nnuuuAxV NCI. SUB NAk4F.,BK PG 19 139(0)01 SEBASTIAN HIGHLANDS UNIT 17, PB: rA 253MOW)l SEBASTIAN HIGHLANDS UNIT I , PB 07 056 4M m 12 INF�RMATIONALPLAT INOTA SURVEY THEIN— CEII—ED HERE. IS TAILM ... ALLAKE 51UICES H—EV EA, ITS ACC "MACI S NOT GIJA PANTEED SI—ISIAI I — ...-.Al 1.1 ... E.. CITY Of SERA N ROME 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— 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. 2455 14th Avenue Vero Beach, Florida 32960 (772) 569-0035 fax: (772)-778-3617 7. Project Surveyor: David M. Jones 3899 39th 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 d. Housing: Consistent e. Coastal Management: Consistent 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 the City Council. PW91f DATE F11 Permit Application No. CM gavksT City of Sebastian HOME OF PEUCAN ISLAND verVW1UP111ef1i Order ikowicai10f1 Applicant (If not owner, written authorization (notarized) from owner is required) Name: Henry Anthony Fischer e..In, Address: P.O. Box 780068, Sebastian, FL 32978 f ?OW" Phone Number: (772 ) 589 - 3159 FAX Number: (772 ) 589-7731 P &Z E -Mail: -. Owner If different from applicant) Name: HenryAn-thony Fischer Address: P.O. Box 780068 SebastianFL 32978 Phone Number: (772) 589 -3159 FAX Number: (772 ) 589-7731 E -Mail: N/A Title of permit or action requested: Com rehensive 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 Warrant 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: 6 /4/ � � FEE PAID: d TO �° � J RECEIVED BY: Permit Application No. D. Project Personnel: Agent: Name: Warren W. Dill Address Highway 1Sebastian, 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: ( ) (772) 567-997c; - FAX Number: (772) 567_q172 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 IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF Jud' , 20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: `+�v''% Diana C Hill MY COMMISSION # DD043145 EXPIRES �°✓��' September 7, 2005 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. 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, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. E, )i I SIGNATURE DATE /C Sworn to and subscribed before me by Warren W. Dill who produced as identification, this �2 _ day of June 2004 Notary's Signature Printed Name of Notary Commission No./Expiration Seal: ;0k?j ry, Diana C Hill *: *: MYCOMMISSION# DD043145 EXPIRES ., September 7, 2005 .PFFgp' BONDED THRUTROY FAIN INSURANCE,INC Permit Application No. Supplemental Information HOME OF KUCAN ISLAND Comprehensive Plan Amendment (Land Use) 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 (IDR) 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. 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 1h 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. k 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 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) C: