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HomeMy WebLinkAbout2004 - 1st Read O-05-06CRY of Y� HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: First reading of Ordinance 0-05- Agenda No. 06; rezoning request from Agricultural (A-1) A to RS -10 for a proposed 25.55 -acre addition Department Origin: Growth MaijqMmed to the Cross Creek Subdivision located along Purchasing/Contracting: Powerline Road. Finance Director: City Attorney: Approv for Submittal by: City Manager City Clerk: Date Submitted: May 16, 2004 avis For Agenda of: May 25, 2004 Exhibits: 0-05-06, staff report, P&Z recommendation, location map, application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mr. Henry A. Fischer is requesting a rezoning amendment for a 25.55 -acre addition to the recently approved Cross Creek Subdivision, which is located along Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The current land use designation for this parcel of land is R (Residential lunit/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS -10 (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. Cross Creek Phase I is proposed to contain 150 single-family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.30 units/acre, well below the 5 units/acre permitted within the LD category. The first phase of the proposed project included plans for paving Powerline Road from Barber Street south approximately 1125 feet to the southernmost subdivision access point. RECOMMENDED ACTION ORDINANCE NO. 0-05-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS - 10) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLINE ROAD SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK SUBDIVISION PHASE II; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Henry A. Fischer has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now 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. REZONING. The real property described above is hereby given an initial City zoning designation of Residential Single -Family (RS -10). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. date of Ordinance 0-05-04. The foregoing Ordinance was This Ordinance shall take effect upon the effective moved for adoption by Councilmember The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice -Mayor Brian Burkeen Councilmember Lisanne Monier Councilmember Andrea Coy Councilmember Sal Neglia and, The Mayor thereupon declared this Ordinance duly passed and adopted this 2005. ATTEST: Sally A. Maio, CMC City Clerk CITY OF SEBASTIAN, FLORIDA Lo Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney day of MY OF SIBASTL HOME OF PELICAN ISLAND Growth Management Department Rezoning Application - Staff Report 1. Project Name: Cross Creek Subdivision Addition 2. Requested Action: Rezoning A-1 (County) to RS -10 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: 7. Project Surveyor: 8. Project Description Mosby & Associates, Inc. 245514 th Avenue Vero Beach, Florida 32960 (772) 569-0035 David M. Jones 389939 th Street Vero Beach, Florida 32960 (772) 567-9875 fax: (772)-778-3617 fax: (772) 567-9172 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 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 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 7nnong rlurrant Land Llsa Futur _ Land 11ga 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: R (County —1 unit/acre) b. Level of Service (1) Traffic: The proposed will create an increase demand on the roadway network due to the increase in density. However, Cross Creek Subdivision includes improving Powerline Road from Barber Street south approximately 1125 feet to the southernmost subdivision access point. 2 (2) Potable Water: Cross Creek Subdivision will be connecting to Indian River County Utilities water main, therefore eliminating the need for potable wells within said development. (3) Wastewater: Cross Creek will be connecting to Indian River County Utilities sewer forcemain, therefore eliminating burdensome septic systems within the developed area. (4) Stormwater: Project includes a privately operated and maintained stormwater system, which by design will improve water filtration prior to intrusion into the groundwater system, while also reducing maintenance obligations for the City. (5) Recreation: Property owners within Cross Creek will be subjected to the citywide recreation impact fee program, therefore supplementing and enhancing the development of future parks and recreational facilities within the community. (6) Solid Waste: There will be an increased demand on solid waste with the proposed density increase. 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 PUD, and the existing lake will double a stormwater detention basin. 14. Natural Environment: The proposed Subdivision will contain the requisite open space as required by land development regulations. 15. Economic Effect: provided — The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 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 3 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. 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 rezoning from R (County) to RS -10 is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested re -zoning subject to the following: The re -zoning shall be conditioned upon receipt of annexation approval by the City Council. 0 - 5 _/A X.. DAT 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 Clty Council — Request for Rezoning and Amendment to the Comprehensive Plan Future Land Use Map for (annexation of) 25 Acres West of Powerline Road — Cross Creels 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 1 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 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) D .- N zz Zd\d ! � / PROF . y , / . }))G! / » -- � \\Qe Permit Application No. M SST�N City of Sebastian HOME OF PELICAN ISLAND VuvviuPment Order Application Applicant If not owner, written authorization notarized from owner is required) Name: Henry Anthony Fischer Address: eCe P.O. Box 780068 Sebastian FL 32978 Phone Number: ( 772) 589-3159 FAX Number: (772 ) 589-7731 91 E -Mail: N/A Owner If different from applicant) Name: Henry Anthony 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: Rezoning 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 Warranty Deed Lot: Block: Unit: Subdivision: Indian River County Parcel #: 30-31-39-00000-5000-00002.0 Zoning Classification: Future Land Use: Indian River Count A-1 Indian River Count - R Existing Use: Proposed Use: Vacant Residential ivision 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: Ln /JI /1", FEE PAID: $ �I �C S �/i';'-�PICEIVED BY: Permit Application No. D. Project Personnel: Agent: Name: Warren W. Dill Address Dill & Evans P.L. 1565 U.S. Highway 1, Sebastian, FL 32958 Phone Number: ( ) 772 589-1212 - FAX Number: ( ) - 772 589-5212 E -Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Mosby & Associates Inc, for subdivision Address 24 - 14th Avenue, Vero Beach FL 32960 Phone Number: ( ) (772 s69-oniq - FAX Number: (772) 778-1617 E -Mail: N/A Surveyor: Name: David M. Jones Address 3899 39th Street Vero Beach FL 32960 Phone Number: ( ) 77 567-9875 - FAX Number: ( ) - 772 567-9172 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. r �it S GNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Warren W. Dill WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS DA OF June _'2004 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: ;`yA•"' ' Vic' Dlgflq C. HIII *;*: MYCOMMISSION# DD043145 EXPIRES N =.• September 7, 2005 �pifQP` BONDED TNRUTROY 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 EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. �Zz/ —,7 SIRE 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 C. Hill MYCOMMISSION# DD043145 EXPIRES a` September 7, 2005 pfv �' BONDED THRU TROY FAIN INSURANCE, INC MYOF MXT- HOME � OF PELICAN ISLAND Permit Application No. Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Proposed zoning: Single Family Residential District (RS -10 ) _ 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. See attached sheet. I Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. The development will comply with all Land Development Regulations including the subdivision regulations of the City. _ 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? County utilities are throughout the City. The intersection at Barber Street and Schumann has been signalized. Through the annexation of Cross Creek, Power Line Road wi parUially paveu. 5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City. The development will be for a residential subdivis: which will be compatible with surrounding land uses and propose( future use of the area. 6. Are there adequate public facilities to serve the proposed land use? Yes Permit Application No. _ 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. The land was previously cleared and used for a citrus operation. _ 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the city. 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 for the city. 9. Describe how the proposed rezoning will result in an orderly development pattern. The development is contiguous with the city limits on two sides and will result in a logical and compact expansion of the city. 10. Attach the following: _ a. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. b. 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 to be rezoned. 2. The existing roadway network will not be significantly adversely impacted from the new trips generated by the proposed development. County utilities are available to service the development. The level of service standard for stormwater is the same for all developments, therefore, there is no greater impact anticipated from the proposed rezoning. The recreation facilities will be not adversely impacted by this development and any new impacts will be offset by the City's recreational impact fee. Solid waste is handled by the County and this development will not significantly adversely impact the facilities. This development will provide housing for the City. This development is contiguous with the City Limits and will result in compact growth that will have a positive economic impact on the City. This property was developed as a citrus operation years ago and there will be no adverse impacts on the environment. Therefore, this development is consistent with the Comprehensive Plan.